Terms and Conditions
These Terms and Conditions (the “Terms”) shall apply to any User (defined below) who either wish to use the Website (defined below), including any software(s) or cellular application(s), in any form, or wishes to employ, hire or enter into any form of agreement with ARK marketing (defined below) for any Service(s) (defined below). These Terms shall exclusively govern the usage of the Website and provision of any Service(s), in addition to any other agreement(s), as the case maybe.
By using the Website or entering into any agreement(s) with ARK marketing, the User confirms that it accepts these Terms. In an event, the User does not agree with these Terms, the User should not use this Website or employ ARK marketing for any Service(s).
In these Terms, the following words shall bear the meanings provided below:
(a) “Effective Date” means the date on which the User first started using the Website or entered into any agreement with ARK marketing.
(b) “Intellectual Property Rights” means all, registered or unregistered, copyrights, patents, design rights, database rights, trademarks and service marks and shall include all applications made in respect of any of the foregoing by ARK marketing or the User, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world.
(c) “Material” means any content published/posted/uploaded on the Website or otherwise, either directly by the user or provided to ARK marketing by the User, the content may include graphics, designs, writings, logos, etc.
(d) “Registration Details” means the details which a User must provide, as applicable, while registering for the Website including name, phone numbers, email address, age and address.
(e) “Service” shall include the following:
(i) the use of the Website by the User; or
(ii) Any form of service provided by ARK marketing to the User.
(f) “Unacceptable Material” means any Material which under the laws of any jurisdiction, from which the Website may be accessed, may be considered:
(i) illegal, illicit, indecent, obscene, racist, offensive, pornographic, insulting, false, unreliable, misleading, blasphemous, alleged to be or actually defamatory or in infringement of any third party rights of whatever nature, including, but not limited to, any Intellectual Property Rights;
(ii) to be in breach of any applicable laws, rules, regulations, standards or codes of practice regardless of the requirement of compliance; or
(iii) to harm ARK marketing’s reputation or goodwill or reputation of any of ARK marketing’s directors, shareholders, officers, employees or related entities.
(g) “User” shall include the following:
(i) any person, organization or entity who uses the Website for the purposes of publishing/posting/uploading of any Material on the Website or visits the Website to obtain any information, including but not related to real estate; or
(ii) any person, organization or entity who has entered into any form of agreement with ARK marketing in respect of the Service(s).
(h) “Website” means ARK marketing’s website located at ARK marketing.pk, including but not limited to any sub-domain(s), software(s) or cellular application(s), as the case maybe.
- USER TERMS 2.1While registering for this Website, the User must provide true, accurate, current and complete Registration Details. The User shall be under an obligation to update Registration Details, promptly, after any change(s) therein, before continuing the use of the Website for further Service(s).2.2The User hereby warrants to ARK marketing that it is of legal age, according to User’s jurisdiction, and has the legal capacity to enter into and execute contracts.
2.3 ARK marketing reserves the absolute right to withdraw any Material from the Website without prior notice to the User and to refuse/decline posting of any Material by the User.
2.4 The User hereby acknowledges and accepts ARK marketing’s right to record User’s Registration Details and data relating to its use of the Website. Subject to Clause 2.6 below, ARK marketing will not share/disclose the said recorded data with third parties, other than as an aggregated, anonymous data.
2.5 ARK marketing may send a small file (the “Cookies”) to the User’s computer, laptop, tablets, cell phones (the “System”) when it visits the Website. The Cookies will enable ARK marketing to identify the User’s System, record its behaviour on the Website and to identify the User’s particular areas of interest so as to enhance the User’s experience for future visits to the Website. The Cookies will not enable ARK marketing to identify the User and ARK marketing shall not use it other than the purpose stated in these Terms. The User can set its System’s browser(s) to reject Cookies but this may affect the performance of the Website.
2.6 The User hereby authorises ARK marketing to collect and use any information, including but not limited to Registration Details, through cookies or any Material, which it publishes/posts/uploads/submits to the Website, to inform the User of special offers, occasional third party offers and for other marketing and related purposes. ARK marketing will not use User data for any other purposes than as set out in these Terms. However, the User acknowledges and accepts ARK marketing’s right to disclose any data or information of the User, without its consent, if required to do so by law or by the order of any Court(s) or at the request of any law enforcement agency or governmental authority.
2.7 If the User does not wish ARK marketing to use any of its information, including User’s Registration Details, as set out in Clauses 2.4, 2.5 and 2.6 above, it should not submit its Registrations Details and should stop using the Website.
2.8 If the User does not want ARK marketing to use its email address to send information concerning the Website and related matters, the User should send an email/message to ARK marketing and insert unsubscribe as the subject heading.
2.9 ARK marketing reserves the right to suspend or terminate the User’s account where, in ARK marketing’s absolute discretion, ARK marketing deems such suspension appropriate. In an event of any such suspension or termination, ARK marketing will notify the User by an email and the User must not seek to re-register either directly or indirectly through any other person/organization/entity.
2.10 For avoidance of doubt, ARK marketing is providing services not goods.
2.11 ARK marketing owns all Intellectual Property Rights in the Website and the Service(s), including without limitation, the design, text, graphics, the selection and arrangement thereof.
2.12 ARK marketing takes reported, un-reported and actual infringement of Intellectual Property Rights and fraud extremely seriously. ARK marketing shall not be liable for breach of any Intellectual Property Rights. However, ARK marketing requests all Users to report such matters immediately and ARK marketing shall inform the appropriate authorities.
2.13 ARK marketing may invite Users to send comments to ARK marketing, through email, relating to the integrity and performance of other Users.
2.14 The following restrictions shall apply to all Users:
- User agrees not to transmit any material designed to interrupt, damage, destroy or limit the functionality of the Website or the Service(s);b. User agrees not to use any automated software to view the Service(s) without consent and to only access the Service(s) manually;User agrees not to use the Service(s) other than for its own personal use or as an agent listing properties for sale and to rent or to review the property listings on the Website;d. User agrees not to attempt to copy any Material or reverse engineer any processes without ARK marketing’s consent;e. User agrees not to use any Service(s) in any manner that is illegal, immoral or harmful to ARK marketing;
- User agrees not to use any Service(s) in breach of any policy or other notice on the Website;
- User agrees not to remove or alter any copyright notices that appear on the Website;
- User agrees not to publish any Material that may encourage or result in breach of any relevant laws or regulations of any jurisdiction, from which the Website may be accessed;
- User agrees not to interfere with any other User’s enjoyment of the Website or the Service(s);
- User agrees not to transmit material(s) protected by copyright without the permission of the owner of said copyright material(s);
- User agrees not to conduct itself in an offensive or abusive manner whilst using the Website or the Service(s);
- User understands and acknowledges that it shall not have the right to cancel Service(s) or any agreement(s), executed between ARK marketing and the User, without prior written consent of ARK marketing; and
- User understands and acknowledges that any payment(s) made to ARK marketing in respect of use of the Website or any Service(s) or pursuant to any agreement(s) executed between the User and ARK marketing, shall not be refundable in any event whatsoever.
2.15 By submitting Material on the Website or otherwise, User grants ARK marketing a royalty-free, perpetual, irrevocable and non-exclusive right to use, reproduce, distribute, display, modify and edit the Material. ARK marketing will not pay the User any fees for the Material and reserves the right, in its sole discretion, to remove or edit the Material at any time. User also warrants and represents that it has all rights necessary to grant ARK marketing these rights.
2.16 ARK marketing permits the User to post Material on the Website in accordance with ARK marketing’s procedures provided that Material is not illegal, obscene, abusive, threatening, blasphemous, defamatory or otherwise objectionable to ARK marketing.
2.17 ARK marketing reserves the right to terminate any agreement, including, but not limited to, agreement(s) for the Use of the Website or for any Service(s), without any notice to the User and without providing any reason whatsoever. In the event of cancellation, the User shall pay any outstanding invoices relating to the Service agreement(s) within 14 working days.
2.18 Any User who enters into any agreement with ARK marketing, either for the use of the Website or for any Service(s), shall not in any way, directly or indirectly, employ or offer employment to, solicit or endeavor to entice away or discourage any employee and/or prospective employee of ARK marketing, including former employees of ARK marketing, whose employment was terminated/expired within the preceding one (01) year of these Terms or any agreement(s) becoming applicable on the User, and/or its affiliates during the period of these Terms or any agreement(s) and up to one year after the termination/expiry of these Terms or any agreement(s). Further, any User, under these Terms or under any agreement(s) with ARK marketing, shall not acquire any direct or indirect service from any employee(s) of ARK marketing other than the services stipulated in these terms or their respective agreement(s) with ARK marketing for the aforementioned period.
- LIMITATION OF LIABILITY
3.1 ARK marketing shall not be liable for any indirect loss, consequential loss, loss of profits, revenue, data or goodwill howsoever arising or suffered by any User, arising in any way, either in connection with the use of the Website or Service(s) or in respect of any agreement(s), or for any liability of a User to any third party.
3.2 Whilst ARK marketing will make all reasonable attempts to exclude viruses from the Website, it cannot ensure such exclusion and no liability is accepted for viruses. The User shall be under an obligation to take all appropriate safeguards before visiting the Website or downloading information or any Material(s) from the Website.
3.3 ARK marketing shall not be liable for ensuring that the Material(s) on the Website is not Unacceptable Material(s) and the User in making any financial or other decision(s), while relying on the Material(s), shall do so solely at its own risk.
3.4 ARK marketing shall not be liable for any interruption to the Service(s), whether intentional or otherwise.
3.5 ARK marketing shall not be liable in any respect for any information available on the Website.
3.6 ARK marketing shall not be liable for any failure in respect of its obligations, arising from the use of the Website or from any Service(s) or from any agreement(s), which result directly or indirectly from failure or interruption in software or services provided by third parties.
3.7 ARK marketing shall not be responsible for the direct or indirect consequences of a User linking to any other website(s) from the Website.
3.8 Irrespective of number or basis of the claim(s), ARK marketing’s maximum aggregate liability to any User, under these Terms or the terms of any other agreement(s), in respect of any direct loss (or any other loss to the extent that such loss is not excluded by Clauses 3.1-3.7 above or otherwise) whether such claim(s) arises in contract or in tort shall not exceed a sum equal to the value of the amount paid to ARK marketing by the User in relation to which such claim arises.
For avoidance of doubt, it is clarified that the amount referred to in Clause 3.8 above means the amount paid to ARK marketing, by the User, in respect of any active period pertaining to the use of the Website or any Service(s) or for any active agreement(s).
- WARRANTIES AND INDEMNITY
4.1 ARK marketing does not represent or warrant that the information accessible via the Website is accurate, complete or current. ARK marketing shall have no liability whatsoever in respect of any use which the User makes of such information.
4.2 Material(s) has not been written to meet the individual requirements of any User and it is the User’s sole responsibility to satisfy itself prior to entering into any transaction or decision that the Material is suitable for its purposes.
4.3 ARK marketing hereby excludes all warranties, express or implied, statutory or otherwise.
4.4 The User hereby agrees to indemnify ARK marketing against all liabilities, claims and expenses that may arise from any breach of these Terms or of any agreement(s) by the User.
4.5 The User understands, acknowledges and accepts that in an event the User commits breach of any clause of these Terms or clause(s) of any other agreement, executed between the User and ARK marketing, ARK marketing, in its sole discretion, may terminate the User’s account(s) or access on the Website, terminate any other aforementioned agreement(s) or both. Furthermore, in an event of any such termination, ARK marketing shall not be under an obligation to return any payment(s) received from the User, however, if any payment(s) is pending towards the User, it shall be under an obligation to pay the same to ARK marketing within three (03) working days of any such termination.
5.1 Subject to Clause 5.2, these Terms and any other executed document/contract/agreement, between ARK marketing and any User, shall constitute the entire agreement between the parties hereto relating to the subject matter hereof and neither party has relied on any representation made by the other party unless such representation is expressly included herein or any other agreement. Nothing in this Clause 5.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.
5.2 ARK marketing reserves the right to alter these Terms, in its sole discretion, from time to time. The User hereby acknowledges ARK marketing’s right to update these Terms and the User shall be under an obligation to review the updated Terms every time it uses the Website or employ ARK marketing for any Service(s) or enters into any agreement(s) with ARK marketing.
5.3 If any provision of these Terms or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
5.4 ARK marketing reserves the right to assign or subcontract any or all of its rights and obligations under these Terms or any agreement(s) executed between ARK marketing and the User.
5.5 The User may not assign or otherwise transfer its rights or obligations under these Terms or any agreement(s), executed between ARK marketing and the User, without ARK marketing’s prior written consent.
5.6 Any notice given pursuant hereto may be served personally or by email to the last known email address of the addressee. It is the responsibility of User(s) to promptly update ARK marketing of any change of address or email address. Such notice shall be deemed to have been duly served upon and received by the addressee, if sent in the following manners:
- when served personally, at the time of such service;b. when sent by email, 24 hours after the same has been sent; orc. if sent by post, 72 hours after the same was posted.
5.7 ARK marketing shall not be liable for any loss suffered by the User or be deemed to be in default for any delays or failures in performance here under resulting from acts or causes beyond ARK marketing’s reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.
5.8 The headings in these Terms are solely used for convenience and shall not have any legal or contractual significance.
5.9 These Terms shall be governed by and construed in accordance with the laws of Pakistan. The User submits to the exclusive jurisdiction of the Courts at Islamabad, Pakistan, however, the exclusivity of the Courts at Islamabad, Pakistan shall not apply to ARK marketing.