Terms & Conditions
Last updated: [26/10/2021]
Welcome to www.emundi.com. These Terms and Conditions describe the policies and rules which are applicable to your use and access of the website, the sub-domains of the website, web and mobile-optimized versions of the website, mobile applications, or other platforms / portals (the “Sites”) owned, operated, branded, or made available by Emundi Ltd. and / or its affiliates (hereinafter referred to as “Emundi” or “We” or “Our” or “Us”).
Application Of Terms
Emundi reserves the right to change, modify, add, or remove portions of any Terms at any time by posting the relevant amended and restated Terms (the “Revised Terms”) without any prior notification or notice. Please check the Terms regularly for updates. The Revised Terms will be effective when posted on the Sites with no other notice provided. Continuing access to the Sites, constitutes your acceptance of the Revised Terms.
Ability To Accept Terms Of Service
By accessing and using the Sites, you confirm that you are eligible to contract as per applicable laws. You affirm that you are either at least 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the obligations, agreements, representations, and warranties set forth in the Terms.
You may need to register an account to use or access the Sites. You agree that you grant Emundi the necessary permissions as may be needed for the Sites to be operational on your devices including but not limited to phones, tablets, and computers.
Emundi may reject the application for registration for any reason of any person.
You are responsible for maintaining the confidentiality of your login credentials, private information linked to your account, and restricting access to your account. Responsibility for all activities that occur under your account shall be attributed to you (whether such use or activities are authorized or not). You must notify Emundi immediately if you become aware of any unauthorized use of your account or any breach of the security of your account at contact us. Emundi shall not be liable for any loss or damages arising from the breach of security of your account and shall have the right to suspend or terminate your account without liability. You accept that you may be liable to indemnify Emundi against all losses arising from the use of or access to the Sites through your account.
Emundi may, at its sole discretion, invalidate your login credentials without prior notice or cause and shall not be liable for any losses suffered by reason of such invalidation. Emundi reserves the right to refuse service, remove or edit content, terminate or disable account(s) or your rights to use the Sites in its sole discretion.
The Disclaimers also governs your use of the Sites. Please ensure that you read and agree to the Disclaimers before you use the Sites.
You consent to receive communications from us electronically, such as emails, calls, text messages, mobile push notices, or notices and messages or by any other mode of communication we choose to employ. You consent to receive communications (including transactional, promotional, commercial, etc.), in relation to your use of the Sites.
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Subject to your compliance with the Terms, Emundi grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Sites for the purposes of purchasing and selling the products as listed on the Sites. This license granted herein does not permit any of the following: (a) any collection, download, aggregation, copying, duplication, reproduction, display, or derivative use of the Sites or any use of data mining, robots, or similar data gathering and extraction tools, (b) any modification of the Sites in any manner, (c) any downloading, copying, or other use of account information or any other commercial use for the benefit of any third party, except as explicitly permitted by us in advance, and (d) any changes or modifications to the software or related documentation of the Sites including reverse engineering, disassembly, tampering, or bypassing any security, whether in whole or in part, with the security associated with the software utilized and provided by the Sites.
You may use the Sites only as permitted by the law. All rights not expressly granted in the Terms are reserved and retained exclusively by Emundi or its licensors, suppliers, publishers, rightsholders, or other content providers. Undertaking any actions restricted by this section shall result in a cancellation of your account, services, reviews, orders (complete and incomplete) and may lead to legal action.
Further, by using and accessing the Sites you confirm that you will not use the Sites for any illegal or unauthorized use including: (a) using the Sites for illegal purposes, (b) impersonation of any person / entity or misrepresentation of your affiliation with any person / entity, and (c) using the Sites in a manner that may interfere with the general use of the Sites or impairment or damage to the Sites or the devices of its Users.
Breach of any Term(s) shall result in the immediate revocation of the license granted herein without notice.
All content included in or made available through the Sites is the property of Emundi or its content suppliers / sellers and protected by the copyright laws of Pakistan and all relevant international copyright laws.
Trademarks not owned by Emundi that appear in the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Emundi.
No intellectual property of Emundi including the software, texts, graphics, logos, icons, images, audio clips, video clips, scripts, digital downloads, music, and data compilations (selection and arrangement), or other content of the Sites may be used in connection with any product or service that is not owned, operated, affiliated, or branded by Emundi in any manner that is likely to cause confusion, or in any manner that disparages or discredits Emundi.
Complaint of Infringement: Emundi is dedicated to ensuring that no User violates the intellectual property of any other person / entity. If you believe that your intellectual property rights are being infringed on any of the Sites, please contact us. With regards to your complaint of infringement please note:
● You must be the owner or authorized agent to submit a complaint on their behalf.
● You must submit your contact details (name, address, phone number, email address, and business name (if any)).
● You must specify the intellectual property you believe is being infringed including but not limited the written description, link to copyrighted work, registration numbers(s), date of first use, etc.
● You must specify the nature and instances of infringement (whether it occurs online, on a product, on the packaging of the product, through description of the product, etc.) and the necessary information of the infringer (name of the seller / brand, name of the product, link to the product or seller / brand, etc.).
● You must submit an affidavit stating that you are the owner of the intellectual property or the authorized agent and that the alleged infringement has not been authorized and is not allowed by law. You must also state that the information in your complaint of infringement is accurate and made in good faith.
● To aid our review process of the complaint of infringement please submit all necessary supporting documentation or any other information.
● Incomplete details may render your complaint invalid and unusable for legal proceedings. If any details of your complaint prove to be false or misleading information, it may be constituted as a legal offense and followed by legal proceedings.
● You may submit a retraction in case circumstances change after your submission of the complaint of infringement.
● All reasonable efforts will be made to address your complaint of infringement in a timely manner. If your complaint of infringement is accepted, the reported infringement will be removed from the Sites.
Please note that violations of agreements between manufacturers / agents / resellers / distributors do not constitute as intellectual property claims. Emundi shall not be liable in such claims and will not be able to aid the parties in such respects.
Users may post reviews, comments, questions, and suggestions using text, photos, videos, or other means unless such content is: illegal, obscene, relates to commercial solicitation, spam, threatening, defamatory, an infringement of intellectual property rights of any person / entity, injurious to third parties or objectionable, contains viruses, or violates any Term(s). Emundi reserves the right, without any obligation, to monitor and edit / remove any User activity or content. However, Emundi shall not be responsible or liable for any content posted by any User or third party or its decision not to monitor or edit / remove any User activity or content.
You affirm that you own or control all rights to the content that you post. You agree that you will not use any false information, including username or email address, in submitting any content to Emundi. You also agree that you will not misrepresent your identity or mislead Emundi or third parties as to the as to the origin of any content. You represent and warrant that the content you post complies with the Term(s) and all applicable laws, and that you will be liable to indemnify Emundi for all claims resulting from the content you submit or post.
By posting or submitting any content, you agree to grant Emundi a nonexclusive, irrevocable, and royalty-free license. Emundi may display or distribute such content in any media and geographical location using the details linked with your account or sublicensable it to use, reproduce, modify, adapt, or derivative works from such content.
Certain information including the Terms, and the prices or availability information of products on the Sites is subject to change without notice. While Emundi strives to ensure that all relevant information on the Sites is accurate and up to date, Emundi does not warrant that all descriptions of the products / services or other content in relation thereto on the Sites are completely accurate, complete, reliable, current, or error-free.
Purchase of Products and Services
Emundi assists Users by providing a platform where they may connect with buyers / sellers to purchase / sell various products for wholesale trading (buying and selling). When an order by the buyer is placed, it is a legal offer to the seller to form a contract for the sale of the product. The acceptance of the buyer’s offer is made at the time of dispatch of the goods by the seller.
Sellers may prescribe any policies and terms for purchase for any matter including the minimum quantity that may be purchased, mode of payment, refund / return / exchange rules, warranties and guarantees regarding the product, terms of delivery (time, mode, communications) and as specified in the sellers’ policy or otherwise.
As an intermediary, Emundi does not have any control over the contract of sale concluded between the buyer and seller. Thus, the contract of sale of products / services on the Sites shall be a bipartite contract between buyers and the sellers while the contract of payment (where relevant) shall be strictly a bipartite contract between the buyer and the relevant service provider.
Representations: Representations regarding the product including but not limited to the price, description, photos, available stock, features, add-ons, and any other details as expressed on the Sites are the responsibility of the sellers displaying such products and their accuracy is not guaranteed by Emundi. Placing the product in the shopping cart does not form a legally binding contract and such representations, including the price and available quantity, may change before the product is purchased.
If a product is not as described, the buyer’s sole remedy is to return it, subject to the return policy.
Price: The product prices listed on the Sites are listed by the seller of the relevant product and are inclusive of sales tax. The price may be changed at any time before the purchase of the product. Despite our best efforts of presenting the most accurate information, a small number of the items displayed on the Sites may be mispriced. If the correct price of an item is greater than the stated price Emundi will, at its discretion, either contact the buyer for instructions before shipping or cancel the order and notify the buyer of such cancellation. If the buyer has already paid for such an order, Emundi will refund the payment.
Timelines: Any timeline provided regarding the delivery of the product, either before or after the order is placed, is only an approximation and not a legally enforceable deadline.
Cancellation and Unprocessed orders: You may cancel the order any time before: (i) the dispatch of the product or (ii) before payment (advance or partial) is made, whichever is earlier; or (iii) where applicable, according to the relevant seller’s policy. The sellers and Emundi reserve the right to refuse or cancel a purchase for any reason, at any time including but not limited to unavailability of the products, incomplete information of the buyer, risk of fraud, etc. Any advance payment shall be returned where the order is cancelled prior to dispatch by the buyer or seller / Emundi.
Costs: The buyers shall be responsible for the payment of any and all costs / taxes / charges that may be associated with the product purchased.
Use of the Sites
Emundi reserves the right to establish limits concerning the use of the Sites, including policies relating to access, storage, retention, and transmission of content by any party on the Sites.
Emundi does not guarantee interruption or error-free provision of the Sites. Access and use of the Sites may be restricted, suspended, or disallowed occasionally for any reason including but not limited to internet interruptions, introduction of updates or modifications, maintenance, etc. without prior notice.
You acknowledge that if you are dissatisfied with the Terms or operations of the Sites, you may discontinue the use of the Sites and that shall be your sole and exclusive remedy.
Return and Refund Policy
Please note that Emundi is only a facilitator between buyers / sellers, and is not a party to (or have any control) in transactions on the Sites. Sellers are solely in control of their products, inventory, and policies. Emundi does not process refunds or returns: the cancellation, return and refund policy of each product is per the discretion of the relevant merchant / seller.
Buyers are advised to coordinate with the sellers directly for clarification on their policies before purchasing any item. Buyers may request the sellers for a refund / return / exchange if they are eligible as per the relevant seller’s policy. Both the buyers and sellers will be responsible for indemnifying each other from any and all losses, claims, liabilities which may arise from the breach of their respective obligations.
Sellers’ Confidential Information
A seller may from time to time communicate to Emundi certain confidential business or technical information with respect to the seller’s operations, business plans, or intellectual property, marked by the seller as confidential (“Seller Confidential Information”). Emundi shall not disclose, or permit the disclosure of, any Seller Confidential Information to any third party without the express prior written consent of the seller, except as provided for in the Terms. Any Seller Confidential Information shall remain as the seller’s property. Emundi shall use the Seller Confidential Information only for purposes necessary to carry out the operations of the Sites and shall not make any other use thereof without the express prior written consent of the seller.
Sharing of your Information
Except in the matters necessary for the operations of the Sites and the stipulations provided in the Terms, Emundi shall hold, and shall cause their representatives to hold, in confidence the information of the Users / buyers / sellers (including the Seller Confidential Information) from the public, third parties, and other sellers on the Sites.
Notwithstanding the foregoing, the confidentiality obligations of Emundi shall not apply in the following circumstances:
Legal Compliance: Emundi may process and / or disclose any information necessary or appropriate, such as to: (a) comply with applicable laws and regulations; (b) comply with legal processes; (c) respond to requests from public and government authorities; (d) enforce our Terms; (e) protect our operations, business and systems; (f) protect our rights, privacy, safety or property, and / or that of other users, including you; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
Third Parties: Information and data may also be shared with third party service providers who perform certain business-related functions for us, such as website hosting, data analysis, payment and credit card processing, infrastructure provision, IT services, customer support service, email delivery services, product delivery services, legal services, and other similar services.
Subsidiaries or Affiliates: We may share data and information of Users with our subsidiaries, affiliates, agents, and / or subcontractors of Emundi. All information may be collected and retained by Emundi may be disclosed by it in the event of any reorganization, merger, sale, joint venture, assignment, business transfer or other disposition of all or any portion of our business, assets or stock.
Limitation Of Liability
You expressly agree that your use of the Sites is at your sole risk. Emundi shall not be responsible for any losses (commercial or personal) including but not limited to, wasted expenditure or loss of profits, revenue, anticipated savings, data, or goodwill.
Emundi shall not be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use the Sites, even Emundi has been advised of the possibility of such damages.
Emundi makes no representations or warranties of any kind, express or implied, as to the operation of the Sites, or the content, information, material, and products included on or made available to you through the Sites, unless otherwise specified in writing. Emundi does not warrant that the Sites or electronic communications sent from Emundi are free of viruses or other harmful components.
The Sites and all associated content, information, material, and products included on or made available to you through the Sites are provided by Emundi on an “as is” and “as available” basis, unless otherwise specified in writing.
Content submitted or posted on the Sites are those of the entities posting such content and not reflective of our opinions.
Entities other than Emundi may operate stores, sell products, or provide services through the Sites. The Sites may also provide links to the sites of affiliated companies and other businesses. If you purchase any of the products or services, or use the platforms offered by such entities, you are purchasing / using products, services, or platforms (as the case may be) directly from such third parties, not from Emundi.
In the event that the User breaches any provision of the Terms, Emundi will have the right to seek and obtain any relief as may be ordered / awarded by a competent forum including without limitation, appropriate injunctive relief as well as an order for specific performance. Further, Emundi may revoke any and all rights granted under the Terms without prior notice. You agree not to attempt to use the Sites after any such termination. A termination of the Terms shall not impact the respective rights and obligations of the parties arising before the date of termination.
Any failure or delay in exercising any rights, power, or privilege hereunder by Emundi will not operate as a waiver thereof, nor will any single or partial exercise preclude any other further exercise thereof.
You agree to defend, indemnify, and hold harmless the Emundi, its officers, shareholders, employees, directors, and agent, and/or its sister concern(s) / associated companies / affiliates from and against any and all damages, losses, liabilities, cost and expenses that may directly or indirectly arise or relate to: (a) breach of any covenant of or policy of the Terms, (b) violation of any law, (c) your use of the Sites, and (d) your violation of any right of a third party.
If any policy in any Term is or becomes invalid, illegal or unenforceable, wholly or partly, it shall be deemed severable, but that shall not affect the validity and enforceability of the remaining Terms.
Governing Law And Jurisdiction
The Terms and any dispute or claim (including any non-contractual dispute or claim) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with laws of Pakistan, with the courts of Lahore, Pakistan having exclusive jurisdiction over such matters.
Contact Details For Emundi
Address: 255 MB, Phase 6, DHA, Lahore, Pakistan
Phone Number: +92-(423)-2173114