Terms & Conditions
Welcome to Chotu AyA.com (the “Site”) and/or the electronic application by the name of Chotu AyA (the “Mobile Application” and collectively with the Site along with all related sub-domains, sites, mobile apps, services and tools, as the “Electronic Forums” and/or “Chotu AyA”). Chotu AyA is owned, operated, managed and controlled by Chotu AyA (Pvt.) Limited (the “Company” and also referred to as “we” or “us”).
By accessing and/or using Chotu AyA, you accept these Terms and Conditions in their entirety, including the privacy, returns and refund policy and the linked information, terms and conditions, contained herein, as Changed (as defined below) from time to time (the “User Agreement”) and agree to be bound by, honor and comply with the same. This User Agreement shall be effective upon your access to and/or use of the Site / Mobile Application, as applicable, which act shall and which you represent as, signifying your acceptance of the same. If you do not agree to be bound by this User Agreement please exit Chotu AyA immediately.
Please read the Terms and Conditions carefully before accessing and/or using the Electronic Forums.
Chotu AyA is an online marketplace, which is owned and operated by the Company. The Company reserves the right to change, amend, modify, add or remove any of these Terms and Conditions and any guidelines and policies declared applicable by is and made available on Chotu AyA (the “Changes”) at any time without any prior notification to you (the “T&Cs”). The Changes shall be effective when posted and/or made accessible on Chotu AyA (the “Effective Instance”), at which point you shall be deemed to possess knowledge thereof.
Please check these T&Cs regularly for updates. Your continued access to and/or use of the Chotu AyA following the Effective Instance, shall constitute your acceptance of those Changes, and your agreement to be bound by, honor and comply with the same.
- CONDITIONS OF USE
2.1 YOUR ACCOUNT
To access and/or use Chotu AyA, you may be required to create an account on Chotu AyA or provide personal information to complete the creation of your account. We may at any time in our sole and absolute discretion, invalidate the username and/or password without giving any reason or prior notice and we shall not be liable or responsible for any losses suffered by, caused by, arising out of, in connection with or by reason of such request or invalidation, whether to you or any person working under, associated with or in connection with you.
You are responsible for maintaining the confidentiality of your user identification, password, account details and related private information. You agree to accept this responsibility and ensure that your account and its related details are maintained securely at all times and all necessary steps are taken to prevent misuse of your account. You shall inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree and acknowledge that any access to and/or use of Chotu AyA and related services offered via the same, and/or any access to private information, data or communications using your account and password shall be deemed to be either performed by you or authorized by you as the case may be. You agree to be bound by any such access to and/or use of Chotu AyA and/or any arrangements executed via the same (whether such access or use are authorized by you or not). You agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses arising from the use of or access to Chotu AyA and/or any services offered via the same, through your account.
Please ensure that the details you provide us with are correct and complete at all times. You are obligated to update details about your account in real time by accessing your account online. For pieces of information you are not able to update by accessing your account on Chotu AyA, you must inform us via our customer service communication channels to assist you with these changes. We reserve the right to refuse access to Chotu AyA, terminate accounts, remove or edit content at any time without prior notice to you. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the account or related details without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation, whether to you or any person working under, associated with or in connection with you. You hereby agree to change your password from time to time and to keep your account secure and also shall be responsible for the confidentiality of your account and liable for any disclosure or use (whether such use is authorized or not) of the username and/or password.
2.3. PLATFORM FOR COMMUNICATION
You agree, understand and acknowledge that Chotu AyA is an online market-place platform which enables you to purchase products listed and at prices indicated therein, at any time from any location available on Chotu AyA, using one of the specified payment methods.
You further agree and acknowledge that we are only a facilitator and cannot be a party to or control in any manner any transactions on the Chotu AyA or on a payment gateway as made available to you by an independent service provider.
Accordingly, the contract of sale of products on the Chotu AyA is understood, agreed and shall be construed as a strictly bipartite contract executed between you and the individuals registered on Chotu AyA as sellers of the products you purchase through Chotu AyA (the “Sellers”) , while the payment processing occurs between you, the Seller, the service provider and in case of prepayments with electronic cards your issuer bank. Accordingly, the contract of payment executed through Chotu AyA shall be strictly a bipartite contract between you and the relevant Sellers.
Content provided on Chotu AyA is solely for informational purposes. Product representations including price, available stock, features, add-ons and any other details as expressed on Chotu AyA are the responsibility of the sellers displaying them and is not guaranteed as completely accurate by us. Submissions or opinions expressed on Chotu AyA are those of the individual(s) posting such content and do not reflect our opinions.
2.4. CONTINUED AVAILABILITY OF Chotu AyA
We will do our utmost to ensure that access to Chotu AyA is consistently available and is uninterrupted and error-free. However, due to the nature and operations of the Internet, electronic forums like Chotu AyA, consistent, uninterrupted and error-free availability of Chotu AyA cannot be nor is guaranteed by the Company, and cannot be claimed by you either. We also do not nor can make any representations about the quality of operations of Chotu AyA, which you accept, access to and/or use of on an AS-IS basis.
Additionally, your access to and/or use of Chotu AyA may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We shall attempt to limit the frequency and duration of any such suspension or restriction, and nothing in this section shall abridge, qualify or limit the rights of the Company enumerated in these T&Cs.
2.5. LICENSE TO ACCESS AND/OR USE Chotu AyA
By accessing and using Chotu AyA, you represent, undertake and confirm that you enjoy the legal capacity to form, agree and execute legally binding contracts and that you are at least 18 years of age or are accessing the Chotu AyA under the supervision of a parent or legal guardian. If you are registering as a business entity, you represent, undertake and confirm that you enjoy the requisite legal capacity and have the authority to legally bind that entity to this User Agreement, accept these T&Cs and that you and the business entity shall comply with these T&Cs and all applicable laws. You also represent, undertake and confirm that the business entity you are authorized to represent, enjoys requisite legal capacity and rights to legally accept and be bound by to this User Agreement and T&Cs. No person or business entity may register as a member/user of Chotu AyA more than once. Any breach of these T&Cs shall result in immediate revocation of the license referred to this paragraph without notice to you.
Subsequent and pursuant to you satisfying the applicable requirements and formalities, the Company grants you a non-transferable, revocable and non-exclusive license to only access and/or use Chotu AyA in accordance with these T&Cs and for the sole purpose of making purchases from Sellers via Chotu AyA. Any access to and/or use of Chotu AyA in contravention of these T&Cs is strictly prohibited. Pursuant to this License, you shall be permitted to personally access to and/or make use of Chotu AyA, but not to download (excluding page caches) or modify the Chotu AyA or any portion of it in any manner. Nothing in this paragraph shall be construed as permitting you to carry out any activities not explicitly barred hereunder, and the language of this paragraph shall not be prejudiced thereby.
This license does not permit you to make resale of or commercially access and/or use Chotu AyA, its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of Chotu AyA or its contents, any downloading or copying of account information for the benefit of another seller, or any use of data mining, robots, or similar data gathering and extraction tools. Additionally, You are not permitted to access, use, reproduce, duplicate, copy, sell, resell, distribute, exploit or otherwise use Chotu AyA, any of its portion, information or contents (including but not limited to any copyrighted material, trademarks, or other proprietary information) for any commercial purpose, without express written consent by us. Any, access to and/or use of Chotu AyA for Commercial purposes or on behalf of any third party is strictly prohibited, unless and to the extent explicitly permitted by us in advance. Additionally, you may not access and/or use our logo or other proprietary graphic or trademark as part of an external link for commercial or other purposes without our express written consent, as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other text utilizing our name or trademark without our express written consent, as applicable. Any unauthorized use terminates the permission granted to you for accessing and/or using Chotu AyA with no prior notice.
You agree and undertake not to perform any activities which have not been specifically permitted to you by us. Undertaking these activities shall result in an immediate cancellation of your account, services, reviews, orders or any existing incomplete transaction with us and in severe cases may also result in legal action. Without prejudice to generality to aforementioned, the said cancellation shall occur in the following circumstances: –
Your account is used in a manner inconsistent with the T&Cs related to the access to and/or use of the Chotu AyA as available on the Chotu AyA at all times.
Your account is used to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation, relationship or authorization with any person or entity.
Your account is used on the Chotu AyA for illegal purposes.
Your account is used to attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to Chotu AyA and/or connected applications and programs etc.
Your account is used to interfere with another’s utilization and enjoyment of the Chotu AyA;
Your account is used to post, promote or transmit through the Chotu AyA any prohibited materials as deemed illegal by The Islamic Republic of Pakistan, or improper in the sole and binding opinion of the Company.
Your account is used to use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt Chotu AyA’s data or damage or interfere with the operation of another user’s computer or mobile device, or Chotu AyA and access and/or use Chotu AyA other than in compliance with the applicable use-policies and terms and conditions of any connected computer networks, any applicable Internet standards and any other applicable laws.
You shall not use and/or access Chotu AyA in any way that causes, or is likely to cause Chotu AyA to be interrupted, damaged or impaired in any way. You shall not engage in activities that harm or could potentially harm Chotu AyA, its employees, officers, representatives, stakeholders or any other party directly or indirectly associated with the Chotu AyA or would cause or potentially cause for it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us, to the exclusion of the Company. You shall only access and/or use Chotu AyA for lawful purposes only and not for any fraudulent purposes, or in connection with a criminal offense or other unlawful activity to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Pakistan or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any ‘spam”; or in any manner that causes annoyance, inconvenience or needless anxiety or for any other purposes other than what has been permitted to you in terms of these T&Cs.
You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to your identity. Where it is learned that you have violated the aforementioned legal obligation, we shall terminate your account and/or take such other action as we may , in our sole discretion, decide.
2.6 . YOUR SUBMISSION
Anything that you submit to Chotu AyA and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions and your data (collectively, ‘Submissions’) shall become our sole and exclusive property, shall not be returned to you and with respect to which you grant us the legal right to use in any manner we may, in our sole discretion, decide. In addition to the rights applicable to any Submission, when you post comments or reviews on Chotu AyA, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions without any notice or legal course applicable to us in this regard.
2.7. CLAIMS AGAINST OBJECTIONABLE CONTENT
Thousands of products may be offered for sale by numerous sellers on Chotu AyA (the “Listings”) and, pursuant thereto Chotu AyA host multiple particulars of and comments on such Listings. It is not possible for us, nor do we agree or undertake to be aware of the contents of each product Listed for sale, or each comment or review that is displayed withrespct therto. Accordingly, we operate on a ‘claim, review and takedown’ basis. If you believe that any content on the Chotu AyA is illegal offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Pakistan or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (the ‘Objectionable Content’), please notify us immediately by following by writing to us on info@ChotuAyA.com. We shall make all practical endeavours to investigate and remove the said Objectionable Content complained about within a reasonable amount of time.
Please ensure that you provide your name, address, contact information and as many relevant details of the claim including name of Objectionable Content party, instances of objection, proof of objection amongst other. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes.
Please note that nothing in the afore-stated paragraphs is intended to accept nor may be construed as an assumption of responsibility by the Company, for any of the actions discussed therein, nor for any liability arising therefrom, if any.
2.8. CLAIMS AGAINST INFRINGING CONTENT
If you believe that your intellectual property rights have been used in a way that gives rise to concerns/claims of infringement, please write to us at info@ChotuAyA.com and we shall make all reasonable efforts to address your concern within a reasonable amount of time. Please provide your name, address, contact information and as many relevant details of the claim including name of infringing party, instances of infringement, proof of infringement amongst other. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes. In addition, providing false or misleading information may be considered a legal offense and may be followed by legal proceedings.
We also respect a manufacturer’s right to enter into exclusive distribution or resale agreements for its products. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the manufacturer, distributor and/or respective reseller, it would not be appropriate for us to assist in the enforcement of such activities. While we cannot provide legal advice, nor share private information as protected by the law, we recommend that any questions or concerns regarding your rights may be routed to a legal specialist.
Please note that nothing in the afore-stated paragraphs is intended to demonstrate nor may be construed as an assumption of responsibility by the Company, for any of the actions discussed therein, nor for any liability arising therefrom, if any.
2.9. TRADEMARKS AND COPYRIGHTS
The Site, Application, Chotu AyA’s logo, A for Chotu AyA logo, Chotu AyA and any and all other marks indicated on Chotu AyA are trademarks or registered trademarks in the relevant jurisdiction(s). Our graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress and shall not be used in connection with any product that does not belong to us or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks that appear on Chotu AyA are the property of their respective owners. We do not take responsibility for the actions of such respective owners, who are solely responsible therefor at law.
All intellectual property rights, whether registered or unregistered, in the Chotu AyA, information content on the Chotu AyA and all the website design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Chotu AyA also are protected by copyright as a collective work under Pakistani copyright laws and international conventions. All rights are reserved.
You acknowledge and undertake that you are accessing and using Chotu AyA and transacting at your own risk and cost, and are using your best and prudent judgment before entering into any transactions through the Chotu AyA. We shall neither be liable nor responsible for any actions or inactions of Sellers nor any breach of conditions, representations or warranties by the Sellers or manufacturers of the products, as applicable and hereby expressly disclaim and any all responsibility and liability in that regard, at law and otherwise. We shall not mediate or resolve any dispute or disagreement between you and the Sellers or manufacturers of the products, which matter does not relate to, concern and is exclusive of us.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on and of Chotu AyA. While we have taken precautions to avoid inaccuracies in content, Chotu AyA, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products via Chotu AyA. At no time shall any right, title or interest in the products sold through or displayed on the Chotu AyA vest with us nor shall the Company have any obligations or liabilities in respect of any transactions on the Chotu AyA.
We shall neither be liable or responsible for any actions or inactions of any other service provider as listed on our Site which includes but is not limited to payment providers, instalment offerings, warranty services amongst others.
You shall indemnify and hold harmless the Company, as owned by ChotuAyA Technologies (Pte) Limited, its Sponsor, Parent, subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these T&Cs or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release the Company as owned by ChotuAyA Technologies (Pte) Limited and/or its Sponsor, Parent, subsidiaries, affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Sellers or other persons and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
2.12. THIRD PARTY BUSINESSES
Parties other than the Company and its affiliates may operate stores, provide services, or sell product lines on the Chotu AyA. For example, businesses and individuals offer products via Marketplace.
We provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. We do not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions by reviewing your transaction carefully, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and related terms and conditions.
2.13. COMMUNICATING WITH US
When you visit Chotu AyA, or send emails to us, you are communicating with us electronically. You shall be required to provide a valid phone number while placing an order through Chotu AyA. We may communicate with you by email, SMS, phone call or by posting notices on Chotu AyA or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your access to and/or use of Chotu AyA (and/or placement of your order through the same) and agree to treat all modes of communication with the same importance and validity.
The Company’s Buyer-Seller Interaction Policy outlines the standard of behavior that Sellers need to follow when connecting with Customers on the Question & Answer Section, Instant Messenger, and Product Review Platform (operated by the Company). The Company monitors all kinds of buyer-seller communications and is authorized to take action in case of any violations.
We shall not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using and/or accessing Chotu AyA.
2.15. AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE, AND THEIR VALIDITY.
We reserve the right to make changes to the Chotu AyA, including the nature and manner of its operations, these T&Cs in their entirety or otherwise, and any other publicly displayed condition or service promise at any time, without your consent. You shall be and always remain subject to T&Cs in force at the time you access and/or use Chotu AyA, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it shall apply to orders previously placed by you, as required by law).
If any of T&Cs is declared invalid, void, or for any reason unenforceable, then such T&C shall be severable and shall not affect the validity and enforceability of any remaining T&Cs.
2.16. EVENTS BEYOND OUR CONTROL
We shall not be held responsible for any delay or failure to comply with the obligations undertaken by using these T&Cs, if such delay or failure arises from any cause which is beyond our reasonable control.
You acknowledge and recognize that we are a private commercial enterprise and reserve the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach these T&Cs and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions. Any inaction on our part, is not intended nor shall be construed as a waiver of our rights, which we reserve to exercise against you and/or any other relevant party, as and when we deem necessary.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the T&Cs or revoke any or all of your rights granted under the T&Cs. Upon any termination of this Agreement, you shall immediately cease all access to and/or use of Chotu AyA and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and/or use of Chotu AyA in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You agree that the Company shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with Chotu AyA or with any terms, conditions, rules, policies, guidelines, or practices in operating Chotu AyA, your sole and exclusive remedy is to discontinue using the Chotu AyA.
2.19. GOVERNING LAW AND JURISDICTION
These T&Cs are governed by and construed in accordance with the laws of The Islamic Republic of Pakistan. You agree, as we do, to submit to the exclusive jurisdiction of the courts in Lahore, Pakistan.
2.20. CONTACT US
You may reach us at info@ChotuAyA.com.
2.21. OUR SOFTWARE
Our software includes any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Chotu AyA (the ‘Software’).
You may use the Software solely for purposes of enabling you to use and/or access Chotu AyA, in terms of and subject to the T&Cs and any related applicable terms as available on the Chotu AyA. You may not incorporate any portion of the Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. You may not use the Software for any illegal purpose. We may cease providing you use of our software and we may terminate your right to use the same at any time. Your rights to use the Software shall automatically terminate without notice from us if you fail to comply with any of the T&Cs listed here or across the Chotu AyA. Additional third party terms contained within the Chotu AyA or distributed as such that are specifically identified in related documentation may apply and shall govern the use of such software in the event of a conflict with these T&Cs. All software used in any of our services is our property and/or our affiliates or its software suppliers and protected by the laws of Pakistan including but not limited to any other applicable copyright laws.
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with our software whether in whole or in part, or create any derivative works from or of the Software.
In order to keep the Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
2.22 DISPUTE RESOLUTION
Any valid dispute arising between you and the Company, relating to or arising from the terms of Section 2 of the T&Cs, including disputes relating to validity and/or enforceability of the same, shall be referred to arbitration under the laws applicable to arbitrations conducted in Pakistan. Such Arbitrations shall be governed under Pakistani law and shall be conducted at Lahore as its seat and venue.
2.23 FAIR USAGE POLICY
Chotu AyA adopts a policy of self-regulation and offers the user access to all available goods sold through Chotu AyA provided that the user accepts the fact that she/he is going to be personally responsible for actions taken when she/he accesses Chotu AyA. By accessing and using Chotu AyA, you undertake and confirm that you will use Chotu AyA for individual consumption and that you may not use Chotu AyA to purchase items in bulk for resale purposes. You are not permitted to access, use, sell, resell, distribute, exploit or otherwise misuse goods sold by Chotu AyA for any commercial resale purpose, without express written consent by ChotuAyA. You are not permitted to misuse or in any way exploit ChotuAyA’s marketing promotions. No person or business entity may register as a member/user of Chotu AyA more than once. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to your identity. We may completely cease providing you use of Chotu AyA for purchases and may terminate your right to use this service at any time in case of suspected violation and/or misuse of this Fair Use Policy and identification of bulk purchases, commercial resale and/or registration of multiple user accounts for one person. ChotuAyA reserves the right to blacklist customers who are suspected of violating and/or misusing this policy in any way, shape or form so that ChotuAyA may continue to serve individual customers’ non-commercial consumption needs. In case access to Chotu AyA has been revoked for a user, on the basis of suspected violation of these T&Cs, and the user communicates with the Company electronically to request access to be reinstated, the Company may reinstate access provided that the user accepts unequivocally that she/he will not misuse Chotu AyA through bulk purchases and/or commercial resale or otherwise. In such an instance of a request for access to be reinstated for a blacklisted customer, the Company may require additional verification and/or information, including but not limited to phone number and express purpose of purchase, before deciding to reinstate access for the user.
- CONDITIONS OF SALE (BETWEEN SELLERS AND CUSTOMERS)
Please read these conditions carefully before placing any order for any products with the Sellers on the Chotu AyA. These conditions signify your agreement to be bound by these conditions.
3.1. CONDITIONS RELATED TO SALE OF THE PRODUCT OR SERVICE
This section deals with conditions relating to the sale of products or services on the Chotu AyA, as already proposed and agreed to by the Sellers.
Please note that, except as explicitly stated herein, nothing in this Section 3 is intended to demonstrate nor may be construed as an assumption or undertaking of any responsibility by the Company, for any of the matters discussed therein, nor for any liability arising therefrom, if any, which are matters exclusively concerning you and the Seller, and exclusive of the Company.
3.1. THE CONTRACT
Your order is a legal offer to the Seller to buy the product displayed on Chotu AyA. When you place an order to purchase a product, any confirmation or status updates received prior to the dispatch of your order serves purely to validate the order details provided and in no way implies the confirmation of the order itself. The acceptance of your order is considered confirmed when the product is dispatched to you. If your order is dispatched in more than one package, you may receive separate dispatch confirmations. Upon time of placing the order, an approximate timeline relating to the processing of your order is indicated, however no guarantee, undertaking or representations are given nor may be construed as being given with respect to strict adherence to this timeline in every instance, particularly since delivery thereof is dependent on third party service providers that preserve this commitment.
All commercial/contractual terms are offered by and agreed to between you and the Sellers alone. The commercial/contractual terms include, without limitation, the price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products you purchase through Chotu AyA and after sales services related to products and services available to you pursuant thereto. The Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and the Sellers. The Seller retains the right to cancel any order at its sole discretion prior to dispatch. We will ensure that there is timely intimation to you of such cancellation via an email or sms.
You agree, confirm and represent that the product(s) or service(s) ordered by you are purchased for your internal / personal consumption and not for commercial re-sale. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose for your orders made through Chotu AyA. The Seller or the Company may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the Seller or ours, may vary from individual to individual.
To be added soon.
3.4. PRICING, AVAILABILITY AND ORDER PROCESSING
All prices of Listed Products are in Rupees and are inclusive of GST, as applicable. Items in your Shopping Cart indexed to your account, shall always reflect the most recent Listed price displayed on the item’s product detail page. Please note that this price may differ from the price shown for the item when you first placed it in your Shopping Cart. Placing an item in your Shopping Cart does not reserve nor create any right to be charged the price shown at that time you added the said item to your Shopping Cart. It is also possible that an item’s price may decrease between the time you place it in your Shopping Cart and the time you purchase it.
Price matching options for any items offered to be sold by any Seller are not available on Chotu AyA.
While Chotu AyA has been designed to provide the most accurate pricing information to its users, errors may still occur, such as cases when the price of an item is not displayed accurately. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your prepayment processed. If such a cancellation occurs on your prepaid order, our policies for refund will apply.
All information shared by Sellers regarding availability of Listed products, is listed on Chotu AyA including on each product information page. Similarly, any and all information relating to dispatch estimates are also listed on Chotu AyA, including on each product information page, and are mere estimates, which do not nor are intended to create any rights in your favour or the Seller. These estimates are not guaranteed dispatch times and should not therefore, be relied upon as such. You shall be informed about the processing of your order via informed by e-mail or sms if any products you order turn out to be unavailable.
Please note that there are cases when an order cannot be processed for various reasons. The Company reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
In order to avoid any fraud with credit or debit cards, we reserve the right to obtain validation of your payment details before providing you with the product and to verify the personal information you shared with us. This verification can take the shape of an identity, place of residence, or banking information check. The absence of an answer following such an inquiry will automatically cause the cancellation of the order within a reasonable timeline. We reserve the right to proceed to direct cancellation of an order for which we suspect a risk of fraudulent use of banking instruments or other reasons without prior notice or any subsequent legal liability.
You can make payments for the purchases you make from Sellers in terms of your orders, by using any of and in accordance with the methods of payments available on Chotu AyA. These may include the following, and shall be processed in accordance with the corresponding terms, in addition to those specified on Chotu AyA: –
Refund voucher may be redeemed on Chotu AyA, as full or part payment of products purchased from Sellers within the given timeline.
Refund voucher shall not be used from different accounts.
Vouchers are not replaceable and shall not be replaced if expired.
Each issued promotional voucher (App voucher and New customer voucher) shall be valid for use by a customer only once. Multiple usages changing the identity is illegal and shall not be entertained.
Promotional vouchers shall be non-refundable, shall not be exchanged for cash in part or full and shall only remain valid for a single transaction only.
Promotional vouchers may not, in the sole discretion of the Company, be valid during sale or in conjunction with any special promotion.
Voucher shall work only if minimum purchase amount and other conditions are met.
The Company reserves the right to vary or terminate the operation of any voucher at any time without notice.
The Company shall not be liable to any customer for any financial loss arising out of the refusal, cancellation or withdrawal of any voucher or any failure or inability of a customer to use a voucher for any reason.
Vouchers are not replaceable and shall not be replaced if expired.
Security and Fraud
When you use a voucher, you warrant to the Company and Seller that you are the duly authorized recipient of the voucher and that you are using it in good faith.
If you redeem, attempt to redeem or encourage the redemption of voucher to obtain discounts to which you are not entitled you shall be violating the terms of these T&Cs and may be committing a civil or criminal offence, which shall be prosecuted in accordance with the law.
If we reasonably believe that any voucher is being used unlawfully or illegally we may reject or cancel any voucher/order and you agree that you will have no claim against us in respect of any rejection or cancellation. The Company reserves the right to take any further action it deems appropriate in such instances
3.5. RESELLING AIRLIFT EXPRESS PRODUCTS
Reselling products Listed on Chotu AyA for business purpose is strictly prohibited. If any unauthorized personnel is found committing the above act, legal action may be taken against him/her.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of products through Chotu AyA and you agree to bear any and all applicable taxes as per prevailing law.
3.7. COMMUNICATING WITH US
When you visit Chotu AyA, or send emails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by email, SMS, phone call or by posting notices on the website or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website (and/or placement of your order) and agree to treat all modes of communication with the same importance.
We shall not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
3.9. AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE
We reserve the right to make changes to Chotu AyA, the applicable policies, the T&Cs and any other publicly displayed condition or service promise at any time. You shall be and remain subject to the policies and T&Cs in force at the time you used Chotu AyA as detailed in the T&Cs, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
3.10. EVENTS BEYOND OUR CONTROL
We shall not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
You acknowledge and recognize that we are a private commercial enterprise and reserve the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the conditions stated on Chotu AyA and the T&Cs, and we take no action, we are still entitled to use our rights and remedies.
3.12. GOVERNING LAW AND JURISDICTION
These T&Cs are governed by and construed in accordance with the laws of the Islamic Republic of Pakistan. You agree, as we do, to submit to the exclusive jurisdiction of the courts in Lahore.
3.13. REPRESENTATIONS AND WARRANTIES
We do not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the Listed products on the Chotu AyA when products or services are sold by Sellers. We do not implicitly or explicitly support or endorse the sale or purchase of any products via Chotu AyA. We accept no liability for any errors or omissions, whether on behalf of itself or third parties.
We are not responsible for any non-performance or breach of any contract entered into between you and the Sellers. We cannot and do not guarantee your actions or those of the Sellers as they conclude transactions on the Chotu AyA. We are not required to mediate or resolve any dispute or disagreement arising from transactions occurring on our Chotu AyA.
We do not at any point of time during any transaction as entered into by you with a third party on our Chotu AyA, gain title to or have any rights or claims over the products or services offered by a seller. Therefore, we do not have any obligations or liabilities in respect of such contract(s) entered into between you and the seller(s). We are not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Pricing on any product(s) or related information as reflected on the Chotu AyA may due to some technical issue, typographical error or other reason by incorrect as published and as a result you accept that in such conditions the seller or the Chotu AyA may cancel your order without prior notice or any liability arising as a result.
3.14. DISPUTE RESOLUTION
Any valid dispute arising between you and the Company, relating to or arising from the terms of Section 3 of the T&Cs, including disputes relating to validity and/or enforceability of the same, shall be referred to arbitration under the laws applicable to arbitrations conducted in Pakistan. Such Arbitrations shall be governed under Pakistani law and shall be conducted at Lahore as its seat and venue.