1 - Introduction
This website, also referred to as a ‘Marketplace’ within this policy is owned and operated by shopsmart (SMC-Private) Limited, registered in Islamabad, Pakistan with the corporate universal identification No. 0147978, also referred to as ‘we’, ‘us’ or ‘our’ within this policy.
Please read these Sellers Terms carefully and print or save them for future use as we cannot guarantee that they will remain accessible on our website in future.
These Sellers Terms apply to use of the sale of goods via our website, shopsmart.pk and shopsmart.com.pk. Buying on shopsmart is subject to our Buyer Terms, within this and our other policies.
2 - Changes to these terms
We may change these terms and conditions by posting the revised version on our website at any time. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our website following the effective date shown.
3 - Website updates
We aim to update the shopsmart website regularly and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.
4 - Provision of services
Our role at shopsmart is to facilitate transactions between Sellers (Merchant Partners) and Buyers through provision of our online platform. This means we are not a party to any contract of sale between a Merchant Partner and a Buyer conducted via shopsmart and where a Merchant Partner and a Buyer agree to a sale and purchase via our website the contract of sale is established directly between the Merchant Partner and the Buyer when the Merchant Partner accepts the Buyer’s offer to buy.
- We will process payments made by Buyers in respect of transactions made on our website and pass such payment to the relevant Merchant Partner on the Buyers’ behalf in accordance with the terms set out herein and in the Buyers Terms.
- The responsibility for compliance and enforcement of all obligations under the contract of sale between the Buyer and Merchant Partner is between those parties.
- Should a dispute arise between Buyer and a Merchant Partner they should use their best efforts to resolve that dispute between them and all complaints and queries with respect to a transaction should be directed to the other party involved using shopsmart’s online message system.
- shopsmart has no obligation to mediate between the parties or to enforce any contract. We may however, at our discretion, intervene in some circumstances to help resolve an issue.
- shopsmart reserves the right to remove, delay, suspend or terminate any transaction or listing at our discretion if we believe that either the Merchant Partner or the Buyer is in breach of the applicable terms and conditions.
- shopsmart owns and operates the website using technology which shopsmart either owns or to which it holds a license from the owner of that technology. Merchant Partners are granted a limited non-transferable license from shopsmart to make use of the website, including the transactional platform, subject to these Seller Terms. The license granted to Merchant Partners expressly excludes modifying, distributing, copying, republishing or making any derivative of the website or the features it has to offer; any framing or using framing techniques to enclose any trademark, logo or other proprietary content or Intellectual Property (including images, text, page layout or form) of the shopsmart; using any meta tags or other ‘hidden text’ incorporating any of shopsmart’s Intellectual Property; any unauthorized collection and use of Buyers’ e-mail addresses or other information, ratings, feedback or listings, or any data extraction or data mining whatsoever.
- shopsmart has the right to design, vary and otherwise to determine the content, appearance, design look and feel, functionality and all other aspects of the website and functionality.
- shopsmart reserves the right to discontinue the website, to terminate the registration of any user and to remove any listing at its sole discretion.
5 - Registration
You will not be able to use the shopsmart Marketplace as a Merchant Partner until you have registered and accepted without change these Seller Terms; and agreed to comply with the obligations that they place upon you as a Seller every time that you sell anything using the website or otherwise use the website, including when you list an item as a Merchant Partner.
- If you do not accept our Seller Terms, you may not register for or access the shopsmart Marketplace as a Seller or use any of the related services.
- If you register as an individual and not as a business, registration will require you to provide certain Personal Data including your real name (or in the case of a business entity the business name), a street address at which you are resident, a phone number on which you can be contacted, an email address that you access regularly plus details of a bank account acceptable to shopsmart. Any information that you provide to us whether as part of the registration process or otherwise must be truthful, correct and complete. You promise that it is correct at the time you provide it and that you will update it immediately if any part of this information changes.
- The use of the shopsmart services is limited to Buyers and Sellers that can lawfully enter contracts under the laws of Pakistan, including but not limited to age restrictions, as Applicable Law imposes.
- If you are an individual under 18 years of age you must obtain the consent of your parent or guardian before registering. You must refrain from selling items that are age restricted, however if you do not meet the age restriction criteria. Merchant Partners must not sell items that are restricted to persons that do not meet the relevant age criteria.
- You must always when using the shopsmart website remain courteous to Buyers and other Sellers and refrain from being abusive, from making any defamatory statements about any person, whether a user or otherwise.
- When you register as a Merchant Partner you will be required to set a password for your account. This is for your security. You must always keep your password secret and secure and you should not under any circumstances disclose this information to any other person. You are responsible for any use made of your account and for any activity on your account or on shopsmart in general using your log-in and/or password details whether you have authorized such activity. If therefore you have any reason to believe that your password has been compromised or become known to anyone else, you must change it immediately for your own protection. You should always use a strong password incorporating both letters and numbers as well as upper- and lower-case characters and should not choose a password that is easy to guess.
- We reserve the right at our sole discretion, to reject any application from a Seller to register to use the shopsmart Marketplace, or to suspend or remove any such registration, where we believe that such refusal or suspension or removal is in our interests or in the interests of any other user or of the Marketplace or website in general. We shall not be required to give reasons for any such refusal, removal, or suspension.
6 - Payments
All payments relating to the purchase or sale of an item by a Buyer and Merchant Partner must be handled by shopsmart. With the exception on CoD (Cash on Delivery), which will be handled by the courier company.
- You as a Merchant Partner agree not to sell items listed on shopsmart through any other payment method or accept payment through any other payment method, including without limitation personal cheque or money transfer.
- If a transaction is aided or brought about via shopsmart (irrespective of whether payment is made through the Marketplace or not), Sellers will be charged our applicable fees.
- Sale and purchase transactions on shopsmart are in Pakistani Rupees (PKR)
- All listings shall clearly show the price of the listed item as well as any delivery charges that apply.
- We will debit the Buyer’s chosen payment method at the time the Buyer places an order for an item.
- If a Buyer’s card issuer or other payment provider declines payment the order will be cancelled.
- If you as a Merchant Partner do not accept the order, the Buyer will be issued with a refund.
- If the order placed by the Buyer is payment via CoD, the courier company responsible for delivering the goods will be responsible for collecting the payment from the Buyer and after deducted their fees, transferring the payment over to shopsmart. We will then deduct our applicable fees and transfer the payment the goods over to you, the Merchant Buyer.
7 - Prohibited and unlawful items inc. damaged goods
You may not buy, list, offer for sale or sell on or via shopsmart any prohibited items or any items whose sale, distribution, offering, import or export is prohibited or restricted by Pakistani Law in either Pakistan or any other country of residence or domicile or where delivery takes place. You are responsible for checking whether any such restrictions apply to the items you intend to buy or sell and for the legal consequences of any breach of such laws.
- In such cases, you are responsible for all electronic communications and content sent from your computer, Merchant Partner Store, mobile device, or other internet access device using your log-in details whether performed by you.
- You must not use the shopsmart website or any of our services for any activity that is unlawful under any other law.
- You must not use our services to send, list, distribute or otherwise divulge any material that is illegal, objectionable, misleading, false, defamatory, obscene, menacing, otherwise injurious or in breach of third parties’ privacy or any Intellectual Property Rights of any third party.
- You must not do or omit to do anything that causes the Website, the Marketplace or any of our other services to be interrupted, damaged or impaired and you agree that you will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or that amounts to a denial-of-service attack.
- You must not send, list, distribute or use any material that contains viruses, malicious code, commercial solicitation (including URLs for websites other than those of shopsmart), adwares, chain letters, mass mailings or any spam.
- If you notice any content or material that you believe may be in breach of these Terms, please notify us immediately through via shopsmart.pk. We will make reasonable endeavors to investigate and, if we deem it appropriate at our sole discretion, may remove the content or material complained of within a reasonable time.
- You may not transfer your account to another party without our prior consent.
8 – Data collection & usage
- Information you provide may be shared amongst the shopsmart group of companies for marketing purposes, but your personal data will never be passed to any third-party companies except unless instructed by law or via courts in Pakistan.
- Whilst it is expected that all communications between Buyers and Merchant Partners will be through the Marketplace using shopsmart, circumstances may arise where direct communication between Buyer and Merchant Partner is required. Whilst we would not in the normal course of events do so, in such circumstances information that you provide may be passed on to the other party if required to facilitate resolution of a dispute. You consent to this and accept that your personal data may be used for such purposes.
- Buyers and Merchant Partners must use each other’s data only for the purpose of completing the transaction for which it is received, including sending dispatch notifications and communication about the transaction or resolving any dispute. The data must not be subsequently stored nor may it be passed on to any third party.
- As a Merchant Partner you agree not to use Buyers’ e-mail addresses, or any other information collected during a transaction to send marketing e-mails or other similar materials directly to Buyers. This restriction further applies to the packaging of an Order, which should not include any promotions or information relating to a Seller’s own website.
- Merchant Partners have the right to access their stored data, to rectify them if required and to object to the storage of their data for legitimate purposes.
9 - Our intellectual property rights
All content, including without limitation graphics, logos, button icons, text, images, audio clips, digital downloads, data compilations and software (which may also belong to our software suppliers), provided by us on the shopsmart website is the property of shopsmart or its licensors, and is protected by Pakistani and international intellectual property laws.
- The shopsmart name and logo are registered trademarks in Pakistan and you may not use this name without prior written agreement in any form or manner whatsoever.
- Similarly, you may not sell items that infringe our or another party’s copyright, patent, trademark, design right, database right, or other Intellectual Property Right or other proprietary right.
- You are not allowed to copy, reproduce, modify, create derivative works from, extract or utilize parts of the contents of the website including graphics and product photos without our express written consent. The use of data mining, robots, any software, or similar data gathering and extraction tools to extract for reutilization of any substantial parts of the website constitutes a violation of our copyrights and other Intellectual Property Rights.
- You are not allowed to imitate or use the shopsmart website’s presentation and structure, create and/or publish your own database that features substantial parts (eg. prices and item listings) of the website without our express written consent.
- You should assume that everything you see or read on the shopsmart website is copyrighted or subject to other Intellectual Property Rights including trademarks not owned by shopsmart. These are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
- If you believe that any of the content appearing on another Merchant Partners Store may constitute infringement of your intellectual property rights please notify us in writing and we will endeavor to investigate.
10 - Sellers review system
shopsmart provides a five-star review system under which Buyers can express their views on each transaction in which they take part. Buyers can rate each transaction on a five-star scale and can also leave a short comment relating to their impressions of the transaction. Comments may not relate to the item itself but to the Merchant Partner’s performance in the transaction. Sellers will develop a score based on Buyer ratings, showing their average rating.
- We may at our discretion display such rating information and comments for as long as we deem appropriate and may remove any rating or comment that we deem inappropriate.
- We are not responsible for any ratings or comments published on the website and do not moderate, filter, or monitor ratings in real time or before they appear on the shopsmart website. You release us from and waive all rights against us in respect of any liability arising out of or in connection with the publication of any rating or comment about you in the review system.
- Good Merchant Partner ratings indicate a high quality and trustworthy marketplace. If a Merchant Partner’s rating score drops below acceptable levels, we reserve the right to suspend or terminate your account to protect our interests and reputation as well as those of Buyers and other Merchant Partners on the platform.
11 - Prohibited items
The following is a list (non-exhaustive) of items which you are prohibited from selling on shopsmart. If it is found that any of these items are being sold by a Merchant Partner you will be in breach of these Terms, and we will make reasonable endeavors to investigate and, if we deem it appropriate will remove the content or material and suspend your account immediately.
- Offensive materials including any materials exhibiting and discriminatory characteristics or content
- Obscene and pornographic materials
- Firearms, ammunition, weapons and poisons
- Stolen goods
- Advertisements and advertising materials
- Items infringing others Intellectual Property Right including pirated software and recorded materials
- Illegal and prescription drugs
- Items which cannot be legally sold or distributed under Applicable Law
- Any other items that we reasonably designate as Prohibited items from time to time.
- No digital or download product will be sold via marketplace seller.
12 - Additional terms for Sellers
The above terms form part of the complete set of terms for each Seller or Merchant Partner who joins shopsmart. Prior to joining shopsmart you will be provided with a full set of detailed Sellers Terms which you must sign and agree to before you can start to use the shopsmart website.
13 - Pakistani law
These terms and conditions shall be governed by both Pakistani law and any disputes will be decided only by the courts of Pakistan.
14 - General
We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a 'waiver' (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. We may transfer this agreement to a third party, but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.
15 - Additional questions, complaints & contact
If you have any further questions about our Sellers Terms, please reach out to us via our Contact Us page outlining the full nature of your query.