You represent that you are legally able to accept these Terms of Use,
and affirm that you are of legal age to form a binding contract, or have
obtained parental or guardian consent to do so. If you do not agree to
these Terms of Use, you may not use the Site.
This website and any
mobile application (collectively, this "Site") is owned by appsolce Buy and sell ("We", "Us" or "Buy and sell"). We are providing you with
access to this Site and mobile app (together, our "Services")
subject to the following terms and conditions. By browsing, accessing,
using, registering for or purchasing merchandise on this Site or
otherwise using our Services, you are agreeing to all of the following
terms and conditions, including any policies referred to herein
(collectively, these "Terms"). So, please read these Terms carefully. We
reserve the right to change this Site and these Terms at any time. If
you are unwilling to be bound by these Terms, you should not browse,
access, use, register for or purchase merchandise from the Site. You
represent and warrant that you are at least 18 years old or visiting
this Site under the supervision of a parent or guardian.
Privacy Policy
Our
Privacy Policy, which also governs your visit to Our Site, can be found
at Privacy Policy. Please review our Privacy Policy for information on
how We collect, use and share information about our users.
Use of This Site
Subject
to your compliance with these Terms, We grant you a limited,
non-exclusive, non-transferable, non-sublicensable license to access and
make personal, non-commercial use of this Site. This license grant does
not include: (a) any resale or commercial use of this Site or content
therein; (b) the collection and use of any product listings or
descriptions; (c) making derivative uses of this Site and its contents;
or (d) use of any data mining, robots, or similar data gathering and
extraction methods on this Site. You may not use, frame or utilize
framing techniques to enclose any of Our trademark, logo, content or
other proprietary information (including the images found at this Site,
the content of any text or the layout/design of any page or form
contained on a page) without Our express written consent. Further, you
may not use any meta tags or any other "hidden text" utilizing Our name,
trademark, or product name without Our express written consent. Any
breach of these Terms shall result in the immediate revocation of the
license granted in this paragraph without notice to you. You are granted
a limited, revocable, and nonexclusive right to create a hyperlink to
the homepage of this Site so long as the link does not portray Us or Our
products or services in a false, misleading, derogatory, or otherwise
offensive matter. This limited right may be revoked at any time. You may
not use any of Our logos or other proprietary graphics or trademarks as
part of the link without express written permission.
Account
In
order to access some features of this Site, you may be required to
register and We may assign to you, or you may be required to select, a
password and user name or account identification. If you register, you
agree to provide Us with accurate and complete registration information,
and to inform us immediately of any updates or other changes to such
information. You are solely responsible for protecting the security and
confidentiality of the password and identification assigned to you. You
shall immediately notify Us of any unauthorized use of your password or
identification or any other breach or threatened breach of this Site's
security. Each time you use a password or identification, you will be
deemed to be authorized to access and use the Site in a manner
consistent with these Terms, and We have no obligation to investigate
the authorization or source of any such access or use of this Site. YOU
WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY
ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR
ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS
ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL
COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT
LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
Electronic Communication
When
you use this Site, or send emails to Us, you are communicating with Us
electronically. You consent to receive communications from Us
electronically. We will communicate with you by e-mail or by posting
notices on this Site or through our other services. You agree that all
agreements, notices, disclosures and other communication that We provide
to you electronically satisfy any legal requirements that such
communications be in writing.
User Content
This Site may
include features and functionality ("Interactive Features") that allows
users to create, post, transmit or store any content, such as text,
music, sound, photos, video, graphics or code on the Sites ("User
Content"). User Content is publicly-viewable and may include your
profile information and any content you post pursuant to your profile,
but it does not include your account information or information you
submit in order to make a purchase. You agree that you are solely
responsible for your User Content and for your use of Interactive
Features, and that your use any Interactive Features at your own risk.
By using any Interactive Areas, you agree not to post, upload to,
transmit, distribute, store, create or otherwise publish or send through
the Sites any of the following:
User Content that is
unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd,
suggestive, harassing, threatening, abusive, inflammatory, fraudulent or
otherwise objectionable;
User Content that would constitute,
encourage or provide instructions for a criminal offense, violate the
rights of any party or that would otherwise create liability or violate
any local, state, national or international law;
User Content
that displays, describes or encourages usage of any product We sell in a
manner that could be offensive, inappropriate or harmful to Us or any
user or consumer;
User Content that may impinge upon or violate
the publicity, privacy or data protection rights of others, including
pictures, videos, images or information about another individual where
you have not obtained such individual's consent;
User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
User Content that may infringe any patent, trademark, trade secret,
copyright or other intellectual or proprietary right of any party;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and
Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.
Rights in User Content
Except
as otherwise provided in these Terms, on this Site or in a separate
agreement with Us, We claim no ownership or control over any User
Content. However, by submitting or posting User Content on this Site,
you grant to Us a nonexclusive, royalty-free, worldwide, perpetual,
irrevocable, transferable, and fully sublicensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform and display such User Content on this Site and
on third-party sites and mobile applications and in all other media or
formats, whether currently known or hereafter developed, for any purpose
and without any compensation to you. You also grant users of this Site
the right to access your User Content in connection with their use of
this Site. By posting User Content to this Site, you represent and
warrant that (a) such User Content is non-confidential; (b) you own and
control all of the rights, title and interest in and to the User Content
or you otherwise have all necessary rights to post and use such User
Content to this Site and to grant to Us the rights that you grant in
these Terms; (c) the User Content is accurate and not misleading or
harmful in any manner; and (d) the User Content, and your use and
posting thereof in connection with this Site, do not and will not
violate these Terms or any other of Our applicable terms, guidelines or
policies or any applicable law, rule or regulation.
Feedback
Separate
and apart from User Content, you may have the ability to submit
questions, comments suggestions, reviews, ideas, plans, designs, notes,
proposals, drawings, original or creative materials and other
information regarding this Site, Us and our products or services
(collectively "Feedback"). You agree that Feedback is non-confidential
and shall become Our sole property. We shall own exclusive rights,
including all intellectual property rights, in and to such Feedback and
shall be entitled to the unrestricted use and dissemination of the
Feedback for any purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Restrictions on Rights to Use
You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):
download, modify, reproduce, adapt, translate, reverse engineer, create
derivative works based upon, publicly display, sell, rent, license, or
in any way commercially exploit any portion of this Site, except and to
the extent expressly permitted under these Terms;
remove any copyright, trademark or other proprietary rights notice contained in or on the Site;
use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of this Site;
collect any information about other users (including usernames and/or
email addresses) for any purpose other than to solicit and/or share
reviews with other users;
reformat or frame any portion of any Web pages that are part of this Site;
create user accounts by automated means or under false or fraudulent pretenses;
create or transmit to other users unsolicited electronic
communications, such as "spam," or otherwise interfere with other users'
enjoyment of the Site;
submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us;
transmit or upload to this Site any item containing or embodying any
virus, worm, defect, malware, Trojan horse, software bomb or other
feature designed to damage or degrade in any manner the performance of
this Site, any other Web site, or any computer or other device or
system, or the enjoyment of this Site by any user;
use this Site
to violate the security of or gain unauthorized access to any computer
or computer network or other device or system (including unauthorized
attempts to discover passwords or security encryption codes);
submit to this Site any content that is unlawful or facilitates,
constitutes, promotes or encourages illegal activity; or otherwise use
the Site to transfer or store illegal material, including any material
deemed threatening or obscene;
copy or store any User Content offered on this Site other than for your personal, non-commercial use;
take any action that imposes, or may impose, in our sole discretion, an
unreasonable or disproportionately large data or traffic load on this
Site or the IT infrastructure used to operate and make this Site
available; or
use this Site and/ or any User Content,
intentionally or unintentionally, to violate any applicable local,
state, federal or international law.
We have no obligation to
monitor any user conduct on this Site, and We reserve the right and have
absolute discretion to monitor any user conduct on this Site at any
time and for any reason without notice.
Ownership
As between
you and Us, this Site, including all photographs, images, text,
graphics, icons, audio clips, software, source code and other aspects
thereof (excluding User Content), all improvements or modifications
thereof, all derivative works based thereon, and the collection,
arrangement, and assembly of this Site (collectively, the "Site
Content"), including all copyrights, trademarks, and other intellectual
property or proprietary rights in the foregoing, are owned by Us or our
licensors and protected by applicable copyright laws. The use of any of
Our trademarks or service marks without our express written consent is
strictly prohibited. You may not use our trademarks or service marks in
connection with any product or service in any way that is likely to
cause confusion. You may not use our trademarks or service marks in any
manner that disparages or discredits us. You may not use any of our
trademarks or service marks in meta tags without prior explicit consent.
Nothing in these Terms shall be deemed to grant to you or any other
user any license or right in or to any of Our patents, copyrights,
trademarks, trade secrets or other proprietary rights.
Purchases on this Site
You
agree that all of your transactions with or through this Site may, at
Our option, be conducted electronically from start to finish. If We
decide to proceed non-electronically, those transactions will still be
governed by the remainder of these Terms unless you enter into different
terms provided by us. You are responsible to print or make an
electronic a copy of these Terms and any other contract or disclosure
that we are required to provide to you. The risk of loss and title for
items purchased by you on this Site pass to you upon our delivery of the
items to the carrier pursuant to a shipment contract. We charge sales
tax for merchandise ordered on this Site based on the applicable state
sales tax rate of the location to which the order is being shipped. When
We ship to you or per your directions to another person, you agree to
pay the shipping and any handling charges shown on this Site when your
order is placed. We reserve the right to increase, decrease and add or
eliminate charges from time to time and without prior notice, so you
agree to check all charges before placing an order or signing up for a
service. Any shipping or handling charges may or may not reflect actual
costs. Only valid credit cards or other payment method acceptable to us
may be used. By submitting your order, you represent and warrant that
you are authorized to use the designated card or method and authorize us
to charge your order (including taxes, shipping, handling and any other
amounts described on the Sites) to that card or other method. If the
card (or other method) cannot be verified, is invalid, or is not
otherwise acceptable, your order may be suspended or cancelled
automatically. All returns are governed by our Return Policy, which can
be found at Privacy Policy. We attempt to be as accurate as possible and
eliminate errors on this Site; however, We do not warrant that any
product, service, description, photograph, pricing or other information
is accurate, complete, reliable, current or error-free. In the event of
an error, whether on this Site, in an order confirmation, in processing
an order, delivering a product or service or otherwise, We reserve the
right to correct such error and revise your order accordingly if
necessary (including charging the correct price) or to cancel the order
and refund any amount charged. Your sole remedy in the event of such
error is to cancel your order and obtain a refund. All items are subject
to availability and We reserve the right to impose quantity limits on
any order, to reject all or part of an order and to discontinue products
or services without notice, even if you have already placed your order.
All prices are subject to change without notice. We reserve the right
to refuse or cancel any orders placed for products and/or services which
the sale or use of such product and/or service in your state or
jurisdiction is restricted or prohibited.
Links
This Site may
contain links to other sites on the Internet that are owned and operated
by third parties. You acknowledge that We are not responsible for the
operation of or content located on or through any such site.
Termination
You
may terminate the Terms at any time by closing your account,
discontinuing your use of this Site and providing Us with a notice of
termination. We reserve the right, without notice and in our sole
discretion, to terminate your right to use this Site, or any portion of
this Site, and to block or prevent your future access to and use of this
Site or any portion of this Site.
Indemnification
To the
fullest extent permitted by applicable law, you agree to defend,
indemnify and hold harmless Us and our subsidiaries and affiliates, and
our respective officers, directors, agents, partners, members,
employees, independent contractors, service providers and consultants
("Our Related Parties"), from and against any claims, damages, costs,
liabilities and expenses (collectively, "Claims") arising out of or
related to (a) your access to and use or misuse of this Site; (b) any
User Content you post, upload, use, distribute, store or otherwise
transmit on or through this Site; (c) any Feedback that you provide; (d)
your violation of these Terms; and (e) your violation of any rights of
another. You agree to promptly notify Us of any third party Claims,
cooperate with Us in defending such Claims and pay all fees, costs and
expenses associated with defending such Claims (including but not
limited to attorneys' fees). You further agree that the We shall have
the right to control of the defense or settlement of any third party
Claims.
Disclaimers
Except as expressly provided, this Site,
including all Site Content, and services provided on or in connection
with this Site are provided on an "AS IS" and "WITH ALL FAULTS" basis
without representations, warranties or conditions of any kind, either
express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES,
CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS,
TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF
DEALING OR COURSE OF PERFORMANCE. We does not represent or warrant that
this Site is accurate, complete, reliable, current or error-free. We do
not represent or warrant that this Site or our servers are free of
viruses or other harmful components.
Exclusivity of Remedy; Limitation of Liability
Your
sole and exclusive remedy, and Our sole and exclusive liability, for
any breach of warranty shall be your right to return the product, or
receive a refund for the service under Our applicable returns and
exchanges policies. IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES, BE
LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR
RELATED PARTIES' AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY,
TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR
OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE
OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED
THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH
IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES'
GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS
MISCONDUCT.
Remedies
You agree that our remedy at law for any
actual or threatened breach of these Terms would be inadequate and that
we shall be entitled to specific performance or injunctive relief, or
both, in addition to any damages that we may be legally entitled to
recover, together with reasonable expenses of any form of dispute
resolution, including, without limitation, attorneys' fees. No right or
remedy of ours shall be exclusive of any other, whether at law or in
equity, including without limitation damages injunctive relief,
attorneys' fees and expenses.
Modifications to Site
We reserve
the right to modify or discontinue, temporarily or permanently, this
Site or any features or portions thereof without prior notice.
Severability
If
any these provisions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed several and shall not
affect the validity and enforceability of any remaining provision.
No Third-Party Beneficiaries
These
Terms are for the benefit of, and will be enforceable by, the parties
only. These Terms are not intended to confer any right or benefit on any
third party or to create any obligations or liability of a party to any
such third party.
Miscellaneous
No agency, partnership, joint
venture, or employment relationship is created as a result of these
Terms, and you do not have any authority of any kind to bind Us in any
respect whatsoever. We may provide you with notices, including those
regarding changes to these Terms, by email, regular mail, or postings on
this Site. These Terms, which shall be deemed accepted by you upon your
use of the Site, constitute the entire agreement among you and Us
regarding use of this Site. Our failure to exercise or enforce any right
or provision of these Terms shall not constitute a waiver of the
enforcement of such right or provision. If any provision of these Terms
is found to be unenforceable or invalid, that provision shall be limited
or eliminated to the minimum extent necessary so that these Terms shall
otherwise remain in full force and effect and enforceable. These Terms
are not assignable, transferable or sublicensable by you, except with
our prior written consent. These Terms include and incorporate by
reference Our Privacy Policy, which can be found at Privacy Policy, and
any notices regarding the Site.
Questions
Questions regarding
these Terms, Our Privacy Policy, or other policy related material can be
directed to our support staff by emailing us at: info@appsolace.com.
ACKNOWLEDGMENT OF TERMS.
You
acknowledge that you have read the terms and conditions of use and that
you accept the Terms thereof. YOU AGREE TO READ THESE TERMS AND
CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. If you do not agree
to these terms and conditions of use, you may not access or otherwise
use this Site.
Contact Us
For Further Queries and ambiguities feel free to contact us on our official email address: info@appsolace.com or Call Us (+92) 051-4264045 Pakistan Land Line.