Terms and Conditions

Terms and Conditions

Acknowledgment

If you wish to use this Website or employ Puhanch.com for any service, you must agree to the terms below as the exclusive basis which governs usage of the Website & Mobile Application and provision of services. If you do not agree to any of the terms, do not use this Website or employ Puhanch.com for any service.

You acknowledge and agree that your usage (defined below) of the Website is strictly regulated and governed by the terms and conditions of this Agreement.

 

Introduction

Puhanch (Private) Limited (hereinafter referred to as “Puhanch” or “we” or “us” or “our”) welcome you at Puhanch for doing any Energy search, your search and access to all the products including Fuel Station related products, Engine Oil service, forums, car Search, auto parts and accessories etc.

THESE WEBSITE TERMS OF USE ("TERMS OF USE") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE LAWS OF PAKISTAN AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

The domain name www.Puhanch.com is owned by Puhanch (Private) Limited, a company duly incorporated under the Laws of Pakistan with its registered office at 2^nd Floor, Saeed Alam Tower, 37-Commercial Zone, Liberty Market, Gulberg, Lahore. These terms of use of the Website available at www.Puhanch.com, mobile site and mobile applications (individually and collectively, “Website”) is between Puhanch and the guest users or registered users of the Website (hereinafter referred to as "you" or "your" or "yourself" or "user" or “customer”) describe the terms on which Puhanch.com offers you access to the Website for availing services and buy products, as are incidental and ancillary thereto ("Services", and more particularly defined hereinafter).

These terms of service are effective from 1^st January, 2023

 

Eligibility to use services

Service available through or use of the Website or Mobile Application is available only to persons of majority (18 years of age or more) and who can legally component to form a contract under the  Contract Act, 1872 (as amended from time to time), or any other act or enactments to which the person is subject.

Persons who are incompetent, to make a legal and valid contract, for any reason whatsoever (minor, lunatic, insane, undischarged insolvent or otherwise) are not eligible to use our Website and avail our services. BY ACCESSING OUR WEBSITE OR AVAILING ANY OF OUR SERVICES, YOU REPRESENT TO THE PUHANCH.COM THAT YOU ARE MAJOR AND LEGALLY COMPETENT TO FORM A VALID CONTRACT UNDER THE TERMS OF USE.

Further to this, Puhanch reserves its right, without assigning any reason whatsoever, to restrict or limit your access to the Website or Mobile Application and can further terminate your access to Website or Mobile Application and deny the services or any other product available through or at our Website or Mobile Application. This right of suspension / termination of services of Puhanch, is in addition to any other remedy available to Puhanch, for access & usage of Website or availing any of our services through Website, which is in contravention of any of the terms and conditions of terms of use or this agreement or any other applicable law.

 

Important

This Website, including mobile application, is an online marketplace and which provides a platform to users to avail the services. Any information provided either through or at Website or Mobile Application is only for information purpose and such information does not substitute any specific advice whether investment, legal, taxation or otherwise and are not intended to provide you with any nature of certification, guarantee or warranty. Puhanch is not responsible and cannot be held liable for any transaction between the Website’s users.

By accessing, browsing and using this Website or availing services, you agree and acknowledge that, you understand this limited and restricted use and accessing, browsing or using this Website or availing any services is out of your own free will, discretion and responsibility.

You expressly agree that any information provided on the Website shall be used by you at your risk. You are advised to hereby make proper enquiries and use the information provided on the Website.

From time to time Puhanch may supplement its terms of use with additional terms pertaining to specific content and your usage of mobile app may further require you to abide by the additional terms of third party e.g. play store etc. before download and installing the mobile app. These terms are collectively referred to as (“additional terms”). Such additional terms are hereby incorporated by reference into these terms of Use.

 

Right of terminate/suspend/discontinue of any service

Puhanch reserves its right to modify, suspend, cancel or discontinue any or all sections, or services at any time without any notice. Puhanch reserves the right to make modifications and alterations in the information contained on the Website or Mobile Application without notice. You agree that Puhanch shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

Puhanch reserves the right to terminate any service agreement without any notice to the user and without providing any reason whatsoever.

 

User’s obligation and restrictions

Subject to the compliance with all applicable laws, rules and terms and conditions of this agreement, you acknowledge, agree and undertake that your use of the Website or Mobile Application shall be strictly governed by this agreement (including term of use) and the following binding principles.

You shall not use or access the Website or avail the services by any means other than through the interface that are provided by Puhanch when you use the Website or Website and/or the services you specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or content or user content that;

• Belongs to another person and to which the user does not have any right to;
• Any data, post, listing or comment grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
• Any data, post, listing or comment that harms minors in any way.
• You shall not transmit any material designed to interrupt, damage, destroy or limit the functionality of the Website or the service.
• You agrees not to transmit materials protected by copyrights. Infringes any patent, trademark, or other proprietary rights;
• Violates any applicable laws or regulations for the time being in force within or outside Pakistan.
• Contains software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
• You agrees not to post in any manner that is illegal, immoral or harmful to Puhanch.com is misleading in any way or shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
• User agrees to attempt to gain unauthorized access to any other user’s account, Website any portion or feature of the Website, any other systems or networks connected to the Website, or any computer resource / servers, of Puhanch connected with the Website to provide the services. You shall not access the website, features or any of the services offered on or through the website, by hacking, password mining or any other illegitimate means or through automated means including robot, deep link, page scrape etc.
• Uses the Website or content for any purpose that is unlawful or prohibited by the agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Puhanch or other third parties; 
• Violates any code of conduct or other guidelines, terms of this agreement which may be applicable for or to any particular service.
• You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name, trade name or domain name used by us or otherwise engage in any conduct or activity that might spoil the image or reputation of Puhanch or buyers/sellers on Website or otherwise. User agrees not to conduct itself in an offensive or abusive manner whilst using the Website or the service.
• You agree not to transmit any material designed to interrupt, damage, destroy or limit the functionality of the Website or the service.
• You agree not to use any service in breach of any policy or other notice on the Website.
• Users agree not to publish any material that may encourage a breach of any relevant laws or regulations.
• You shall not distribute or contain spam, multiple / chain letters, or pyramid schemes in any of its forms.

You consent to receive communications by email, call or by such other mode of communication, electronic or otherwise related to the services provided through the Website.

 

Violation by user

You agree that in the event your listing, posting, comment or your information violates any clause of this agreement or Puhanch listing policy, we shall have the right to terminate and or suspend your membership of the site and refuse to provide you or any person acting on your behalf, access to the Site.

 

 

Feature Ads charges

• Puhanch offers services of feature ads on different locations of the Website on non-refundable charges. 
• The cost of placing an ad on Puhanch depends on the feature ad package you select and as per the agreed rates.
• Puhanch reserve the right to change feature ad rates at any time without any prior notice.
• All feature ads must be pre-paid prior to publication.
• Payments are also accepted online or through Puhanch.com using different payment methods. Whilst every effort is made to ensure the safety of your online transaction, however, we cannot and don’t accept liability for any loss or damage incurred as a result of using the online payment mechanism.

 

No guarantee of increase in advertisers business

Puhanch does not guarantee business from the leads generated. Puhanch shall not be responsible or liable at all to the user/advertiser if no business or business leads are generated for the advertiser through premium ads on the Website. Advertiser understands that Puhanch only obligation is to place the premium ads on the Website in the manner provided for in these terms. Accuracy of the information/content provided is the advertiser's responsibility and Puhanch will not be held responsible for false claims made by the advertiser.

 

Notice of Infringement of Intellectual Property

Puhanch owns all intellectual property rights in the Website and the service, including without limitation, the design, text, graphics, ads, user uploaded pictures, Store description reports etc. the selection and arrangement thereof.

Puhanch is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties.

If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may write to us at support@Puhanch.com to request to delete the relevant Content in a good faith.

 

Rights to user information

Puhanch reserves the discretion to withdraw any material from the Website without prior notice and to refuse any material posted by a user. The user's registration details and data relating to its use of the Website will be recorded by Puhanch but this information shall not be disclosed to third parties.

You agree that Puhanch may use the user information shared by you to provide customer services and to understand if any other services or advertisement listed on Puhanch Website may interest you or to inform the User about special offers, occasional third party offers and for other marketing and related purposes.

Puhanch will not use User data for any other purposes than as set out in this agreement except that Puhanch may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority.

 

Abusing Puhanch

Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our services, restrict or prohibit access to, and your activities on, our services, cancel, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, and take technical and legal steps to keep you from using our services if:

• We think that you are creating problems or possible legal liabilities for us, our users, suppliers, advertisers or other third parties;
• We think that you are infringing the rights of third parties;
• We think that you are acting inconsistently with the letter or spirit of this user agreement or our policies or abuse our employees or users;
• Despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
• You fail to make, or it is evident that you are unable to make, full payment of any fees due for our Services by your payment due date.
• Manipulate the price of any item or interfere with any other user's listings.

 

Content policy

When providing us with content (including causing content to be posted using our services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, and you authorize us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sub licensees or our assignees.

Puhanch does not endorse any content or any opinion, statement, recommendation, or advice expressed therein and Puhanch expressly disclaims any and all liability in connection with user content.

Puhanch reserves the right to remove infringer content, listing or block him permanently after two warnings.

 

Limitation of Liability

Notwithstanding anything to contrary in the agreement(s), in no event shall Puhanch, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers  will not be liable for any direct, indirect, incidental, special, consequential loss, loss of profit, revenue, data or goodwill or punitive damages of any kind resulting from the use of or the inability to use Puhanch services, resulting from any goods or services purchased or obtained or messages received or transactions entered into through Puhanch services, howsoever arising suffered by any user arising in any way in connection with this agreement or for any liability of a User to any third party.

Puhanch assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

• The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; 
• Any interruption or errors in the operation of the Website
• Whilst Puhanch will make all reasonable attempts to exclude viruses from the Website, it cannot ensure such exclusion and no liability is accepted for viruses. Thus, the user is recommended to take all appropriate safeguards before downloading information or any material from the Website.
• Puhanch shall not be liable for ensuring that the material on the Website is not unacceptable material and the user in making any financial or other decision accepts that it does so exclusively at its own risk.
• Puhanch shall not be liable for any interruption to the service, whether intentional or otherwise.
• Puhanch is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.
• Puhanch makes reasonable efforts to ensure that the details provided on our Website is accurate, however, Puhanch does not control such third-party content and therefore shall not be responsible for any loss or damages resulting from the use of third-party content.

 

Disclaimer of warranties

You expressly acknowledge and agree that the materials, products and services provided to you on the Website or Mobile Application are provided on and as it is basis, without warranty of any kind, whether express or implied. Puhanch, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. Puhanch makes no warranty or representation for the accuracy, completeness, reliability, Website content or any third-party content linked to this Website or timeliness of the information provided by this web site. 

You understand and expressly agree to use this web site at your sole risk, that any material and/or data downloaded or otherwise obtained through the use of this web site is at your own discretion and risk and that you will be solely responsible for any damage due to any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party to your computer system or loss of your data that results from the download of such material and/or data.

Except as expressly set forth on this web site, Puhanch disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement and it makes no warranty or representation regarding the accuracy or reliability of any information obtained through Puhanch services, regarding any goods or services purchased or obtained through Puhanch services, regarding any transactions entered into through Puhanch services or that Puhanch services will meet any user's requirements, be uninterrupted, timely, secure or error free. Applicable law may not allow the exclusion of implied warranties, so the exclusion may not apply to you.

Further you also acknowledge and agree that, any product or service advertised or offered by a third party through the Website or any hyperlinked Website or featured in any banner or other advertising, and Puhanch will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

 

Governing law & jurisdiction

This agreement shall be governed by and construed in accordance with the laws of Pakistan and the user submits to the exclusive jurisdiction of the courts of Lahore, Pakistan on all matters and disputes, save that Puhanch may take action against the user in any relevant jurisdiction to enforce its rights.

 

General

If any provision or clause of this user agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

The headings in this agreement for reference are solely used for convenience and shall not have any legal or contractual significance or do not limit the scope or extent of such section.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. 

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

We may amend this user agreement at any time by posting the amended terms on www.Puhanch.com. All amended terms shall automatically be effective immediately. Your continued use of our services after the effective date of these amended terms constitutes your acceptance of them.

Puhanch always ensures that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify us on support@Puhanch.com and we will investigate.

Puhanch shall not be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supranational authority.

The user agreement and all policies posted on our site are the entire agreement between you and Puhanch and supersede all prior understandings and agreements of the parties.