- SERVICES OVERVIEW
The services offered by DigiDokaan under the Terms of Service include various products and
services to help you sell goods and services to buyers, whether online (“Online Services”) by
enabling you to create and build your own online store, Any such services offered by DigiDokaan
are referred to in these Terms of Services as the “Services”. Any new features or tools which
are added to the current Services shall be also subject to the Terms of Service. You can review
the current version of the Terms of Service at any time at Terms of Services | DigiDokaan
- MODIFICATION OF TERMS & CONDITIONS
DigiDokaan reserves the right to update and change the Terms of Service by posting updates and
changes to the DigiDokaan website. You are advised to check the Terms of Service from time to
time for any updates or changes that may impact you and if you do not accept such amendments,
you must cease using the Services.
- ACCOUNT & REGISTRATION OBLIGATION
- To access and use the Services, you must register for a DigiDokaan account (“Account”) by
providing your phone number, full legal name, current address, a valid email address, Postal
code, Demographic profile (like your age, gender, occupation, education, address, government
issued photo ID, Valid payment details for processing of payments to your account, etc.) and
information about the pages on the site you visit/access, the links you click on the site,
the number of times you access the page and any such browsing information. and any other
information indicated as required. DigiDokaan may reject your application for an Account, or
cancel an existing Account, for any reason, its sole discretion.
- You confirm that you are receiving any Services provided by DigiDokaan for the purposes of
carrying on a business activity and not for any personal, household or family purpose,
including any activity barred by any law of the country, i.e., Islamic Republic of Pakistan,
and/or the country of your operations.
- You acknowledge that DigiDokaan will use the contact number you provide on opening an
Account or as updated by you from time to time as the primary method for communication with
you.
- You are responsible for keeping your password secure. DigiDokaan cannot and will not be
liable for any loss or damage from your failure to maintain the security of your Account and
password.
- You acknowledge that you are responsible for the creation and operation of your DigiDokaan
Store.
- DigiDokaan is not a marketplace. Any contract of sale through your DigiDokaan Store is
directly between you and the buyer and DigiDokaan bears no liability, directly or
indirectly, of any nature whatsoever.
- You are responsible for all activity and content such as photos, images, videos, graphics,
written content, audio files, code, information, or data uploaded, collected, generated,
stored, displayed, distributed, transmitted or exhibited on or in connection with your
Account (“Materials”).
- A breach or violation of any term in the Terms of Service, including the AUP, as determined
in the sole discretion of DigiDokaan may result in an immediate termination of your
Services.
WHICH MEANS
You are responsible for your Account and any Materials you upload to the DigiDokaan Service.
Remember that if you violate these terms we may cancel your service and If we need to reach you,
we will call you or send you an email.
- ACCOUNT AND OWNERSHIP
- The person signing up for the Service by opening an Account will be the (“Store Owner”) for
the purposes of our Terms of Service and will be the person who is authorized to use any
corresponding Account we may provide to the Store Owner in connection with the Service.
- You are responsible for ensuring that the name of the Store Owner (including the legal name
of the company that owns the Store, if applicable) is clearly visible on the Store’s
website.
- Your DigiDokaan Store can only be associated with one Store Owner. A Store Owner may have
multiple DigiDokaan Stores. “Store” means the online store or physical retail location(s)
associated with the Account.
- ELIGIBILITY
Services of the Site would be available to only select geographies in Pakistan. Persons who are
“incompetent to contract” within the meaning of the Pakistan Contract Act, 1872 including
un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under
the age of 18 years but at least 13 years of age you may use the Site only under the supervision
of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below
18 years your parents or legal guardians can transact on behalf of you if you are registered
users. You are prohibited from purchasing any material which is for adult consumption and the
sale of which to minors is prohibited
- PAYMENTS
- Our Role Except for our limited role in collecting payment from your customers where
the deliveries are made by using DigiDokaan logistics for you, we are not involved in any
underlying sales transaction between any seller and buyer. You authorize us to hold,
receive, and disburse funds in accordance with your payment instructions (subject to the
terms of this Agreement). In this limited capacity, we are neither the buyer nor the seller
of the items or services you offer for sale and are not a party to the sales contract. We
will not mediate disputes between buyers and you or enforce or execute the performance of
any sales contract. You are the seller of record for all sales via the DigiDokaan. We are
not a fiduciary or trustee of either the buyer or you. We do not accept deposits. We may use
the services of one or more third parties, Affiliates, processors and/or financial
institutions to provide the Service and process transactions (each a “Processor”).
- Verification We may require you to provide additional information to verify your
and/or your business’ identity as a condition of providing the Service to you or before we
permit you to receive funds. We may make, directly or through any third party, any inquiries
we consider necessary to validate information that you provide to us, including without
limitation checking commercial databases or credit reports. You authorize us to obtain one
or more of your credit reports, from time to time, to establish, update, or renew your
Account with us or in the event of a dispute relating to this Agreement.
- Acceptance of funds. We will issue and transfer to your Account an amount of funds
equivalent to the gross proceeds of sale actually received from buyer, less any applicable
fees, taxes, any applicable delivery charges, set-off and other amounts then due to us or
our Affiliates under this Agreement (“Net Sale Proceeds”) as per the below schedule in
clause (f). Except as permitted through use of the Service, you may not use your Account to
send payments to any other person. You will receive funds in your Account as payment for the
sale of the products or services made through the DigiDokaan. You will not receive interest
or any other earnings on any funds collected on your behalf. Funds collected and held with
us do not qualify as a deposit so you are not protected by any deposit guarantee schemes.
- Delivery Errors and Nonconformity; Product Recalls. You are responsible for any
non-delivery, mis-delivery, theft or other mistake or act in connection with the fulfillment
and delivery of your products or services. You are also responsible for any non-conformity
or defect in, or any public or private recall of, any of your products or services. You will
notify us promptly as soon as you have knowledge of any public or private recalls of your
products or services.
- Taxes. You are responsible for determining any and all taxes and duties, including
without limitation, sales, use, transfer, value added, withholding, and other taxes and/or
duties assessed, incurred, or required to be collected, paid, or withheld for any reason in
connection with any request for or performance or use of the Service, your use of the Site,
the sale or purchase of any products or services, or otherwise in connection with any
action, inaction, or omission by you or any affiliate of yours, or any of your or their
respective employees, agents, contractors, or representatives (“Taxes”). You also are
responsible for collecting, withholding, reporting, and remitting correct Taxes to the
appropriate tax authority. While we may provide you a means for you to determine and apply
taxes to your transactions, we and our Affiliates are not obliged to determine whether Taxes
apply and are not responsible for calculating, collecting, reporting, or remitting any Taxes
to any tax authority arising from any transaction.
- You shall receive the payment related to the order for the completed deliveries within a
week as per the following schedule
# |
Transactions Dates |
Settlement Date |
1 |
1st to 7th |
14th |
2 |
8th to 14th |
21th |
3 |
15th-21st |
28th |
4 |
22nd to 31st |
7th of next month |
- No payments are made in cash and DigiDokaan does not provide any refunds.
- You understand that your content (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices. Credit card
information is always encrypted during transfer over networks.
- You agree that under no circumstances DigiDokaan shall be held responsible for any
fraudulent/duplicate transactions and hence no claims should be raised to us further, no
communication received by DigiDokaan in this regards shall be entertained.
- DELIVERY SERVICES
We will provide the Delivery Services you engage us to perform for the ordered product(s),
directly or through a third-party service provider, in a professional and workmanlike manner,
consistent with industry standards.
You Agree and Confirm that
- The description and specific details of the delivery item which you provide are accurate and
complete. Before delivery commences, you must inform the Third Party Provider of any
specific precautions which should be applied to the handling of the delivery item in
accordance with its nature.
- You shall be charged for the delivery services at the rates mentioned in the rate card for
destinations and the change of rates is at the sole discretion of DigiDokaan.
- The address at which delivery of the product ordered by you is to be made will be correct
and proper in all respects.
- An estimated delivery time is 3 working days Please note that this is not a guaranteed
delivery date for your order. Some areas may take longer due to the frequency of deliveries
to the delivery destination/zip code. At the time of order placement, order processing and
transit time are used to calculate the estimated delivery date
- In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or
address or any other wrong information) any extra cost of returns and redelivery shall be
deducted from you.
- You will provide authentic and true information in all instances where such information is
requested of you. DigiDokaan reserves the right to confirm and validate the information and
other details provided by you at any point of time. If upon confirmation your details are
found not to be true (wholly or partly), it has the right in its sole discretion to reject
the registration and debar you from using the Services and / or other affiliated websites
without prior intimation whatsoever.
- You are accessing the services available on this Site and transacting at your sole risk and
are using your best and prudent judgment before entering into any transaction through this
Site.
- Any dispute or claim arising from or relating to the Delivery Services is subject to the
binding arbitration, governing law, disclaimer of warranties and limitation of liability and
all other terms in the Conditions of Use. You agree to those terms by scheduling, selecting
or using Delivery Services through DigiDokaan.
- Without derogating from any applicable law, you undertakes to indemnify, defend and hold
DigiDokaan harmless against any and all claims of whatsoever nature arising: (i) in
connection with any Services arranged by DigiDokaan for you or any of your Customer or any
other engagement you and any customer or any third parties; and (ii) from any
misrepresentation, default, misconduct, failure to perform, breach or any other act related
to this Agreement or any other agreement by and between DigiDokaan and you.
- You shall not send any delivery item containing any of the following:
- Fragile items (including flowers, cakes) that require special handling
- Raw meat, raw seafood, frozen food and/or dairy products
- Hazardous, explosive, flammable and unsafe items (including power banks)
- Valuable items and documents (e.g. cash, demand draft, cheques, passport, or other official identification
documents)
- Credit or debit cards
- Illegal items and substances (e.g. pornographic magazines and imitation weapons)
- Live animals and plants
- Any unpacked / loose items that can easily be damaged in transit
- Counterfeit goods
- Bullion, currency in any denomination, tax stamps / stickers, bearer forms or
negotiable instruments, precious metals / stones
- Any items that cannot be reproduced (e.g. photos, film)
- GENERAL CONDITIONS
- Technical support in respect of the Services is only provided to DigiDokaan Users.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of
Pakistan applicable therein, without regard to principles of conflicts of laws.
- You acknowledge and agree that DigiDokaan may amend these Terms of Service at any time by
posting the relevant amended and restated Terms of Service on DigiDokaan’s website,
available at Terms of Services | DigiDokaan and such amendments to the Terms of Service are
effective as of the date of posting. Your continued use of the Services after the amended
Terms of Service are posted to DigiDokaan’s website constitutes your agreement to, and
acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms
of Service, do not continue to use the Service.
- You may not use the DigiDokaan Services for any illegal or unauthorized purpose nor may you,
in the use of the Service, violate any laws in your jurisdiction (including but not limited
to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws
of Pakistan. You will comply with all applicable laws, rules and regulations in your use of
the Service and your performance of obligations under the Terms of Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the
Service, use of the Services, or access to the Services without the express written
permission by DigiDokaan.
- You shall not purchase search engine or other pay per click keywords (such as Google Ads),
or domain names that use DigiDokaan or DigiDokaan trademarks and/or variations and
misspellings thereof.
- You must maintain an accurate location in the administration menu of your DigiDokaan Store.
If you change jurisdictions you must promptly update your location in the administration
menu.
- The Services allow you to send certain communications to your customers by short message
service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the
"SMS Services"). You will only use the SMS Services in compliance with these Terms of
Service, and the laws of the jurisdiction from which you send messages, and in which your
messages are received.
- You acknowledge and agree that your use of the Services, including information transmitted
to or stored by DigiDokaan, is governed by its privacy policy at Privacy Policy | DigiDokaan
- You acknowledge and agree that your use of the Services, including information transmitted
to or stored by DigiDokaan, is governed by its privacy policy at Privacy Policy | DigiDokaan
- If any provision, or portion of the provision, in these Terms of Service is, for any reason,
held to be invalid, illegal or unenforceable in any respect, then such invalidity,
illegality or un enforceability will not affect any other provision (or the unaffected
portion of the provision) of the Terms of Service, and the Terms of Service will be
construed as if such invalid, illegal or unenforceable provision, or portion of the
provision, had never been contained within the Terms of Service.
- DIGIDOKAAN RIGHTS
- We reserve the right to modify or terminate the Services for any reason, without notice at
any time. Not all Services and features are available in every jurisdiction and we are under
no obligation to make any Services or features available in any jurisdiction.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we
determine in our sole discretion that the goods or services offered via a Store, or the
Materials uploaded or posted to a Store, violate our Acceptable Use Policy (“AUP”) or these
Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any
DigiDokaan customer, DigiDokaan employee, member, or officer will result in immediate
Account termination.
- DigiDokaan does not pre-screen Materials and it is in our sole discretion to refuse or
remove any Materials from the Service, including your Store.
- We reserve the right to provide our services to your competitors and make no promise of
exclusivity in any particular market segment. You further acknowledge and agree that
DigiDokaan employees and contractors may also be DigiDokaan customers/merchants and that
they may compete with you, although they may not use your Confidential Information (as
defined in Section 6) in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request
documentation to determine or confirm Account ownership. Documentation may include, but is
not limited to, a scanned copy of your business license, government issued photo ID, the
last four digits of the credit card on file, your status as an employee of an entity, etc.
- DigiDokaan retains the right to determine, in our sole judgment, rightful Account ownership
and transfer an Account to the rightful Store Owner. If we are unable to reasonably
determine the rightful Store Owner, without prejudice to our other rights and remedies,
DigiDokaan reserves the right to temporarily disable an Account until resolution has been
determined between the disputing parties.
- CONFIDENTIALITY
- “Confidential Information” shall include, but shall not be limited to, any and all
information associated with a party’s business and not publicly known, including specific
business information, technical processes and formulas, software, customer lists,
prospective customer lists, names, addresses and other information regarding customers and
prospective customers, product designs, sales, costs (including any relevant processing
fees), price lists, and other unpublished financial information, business plans and
marketing data, and any other confidential and proprietary information, whether or not
marked as confidential or proprietary. DigiDokaan’s Confidential Information includes all
information that you receive relating to us, or to the Services, that is not known to the
general public including information related to our security program and practices.
- Each party agrees to use the other party’s Confidential Information solely as necessary for
performing its obligations under these Terms of Service and in accordance with any other
obligations in these Terms of Service including this Section 6. Each party agrees that it
shall take all reasonable steps, at least substantially equivalent to the steps it takes to
protect its own proprietary information, to prevent the duplication, disclosure or use of
any such Confidential Information, other than (i) by or to its employees, agents and
subcontractors who must have access to such Confidential Information to perform such party’s
obligations hereunder, who each shall treat such Confidential Information as provided
herein, and who are each subject to obligations of confidentiality to such party that are at
least as stringent as those contained herein; or (ii) as required by any law, regulation, or
order of any court of proper jurisdiction over the parties and the subject matter contained
in these Terms of Service, provided that, if legally permitted, the receiving party shall
give the disclosing party prompt written notice and use commercially reasonable efforts to
ensure that such disclosure is accorded confidential treatment. Confidential Information
shall not include any information that the receiving party can prove: (A) was already in the
public domain, or was already known by or in the possession of the receiving party, at the
time of disclosure of such information; (B) is independently developed by the receiving
party without use of or reference to the other party’s Confidential Information, and without
breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by
the receiving party from a source other than the disclosing party without breaching any
provision of these Terms of Service.
- DISCLAIMER AND LIMITATION OF LIABILITY
- You expressly understand and agree that, to the extent permitted by applicable laws,
DigiDokaan shall not be liable for any direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for loss of profits, goodwill,
use, data or other intangible losses resulting from the use of or inability to use the
Service.
- To the extent permitted by applicable laws, in no event shall DigiDokaan or our suppliers be
liable for lost profits or any special, incidental or consequential damages arising out of
or in connection with our site, our Services or these Terms of Service (however arising
including negligence). You agree to indemnify and hold us and (as applicable) our parent,
subsidiaries, affiliates, DigiDokaan partners, officers, directors, agents, employees, and
suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by
any third party due to or arising out of your breach of these Terms of Service or the
documents it incorporates by reference (including the AUP), or your violation of any law or
the rights of a third party.
- Your use of the Services is at your sole risk. The Services are provided on an “as is” and
“as available” basis without any warranty or condition, express, implied or statutory.
- DigiDokaan does not warrant that the Services will be uninterrupted, timely, secure, or
error-free.
- DigiDokaan does not warrant that the results that may be obtained from the use of the
Services will be accurate or reliable.
- DigiDokaan is not responsible for any of your tax obligations or liabilities related to the
use of DigiDokaan’s Services.
- DigiDokaan does not warrant that the quality of any products, services, information, or
other materials purchased or obtained by you through the Services will meet your
expectations, or that any errors in the Services will be corrected.
- WAIVER, SEVERABILITY, AND COMPLETE AGREEMENT
The failure of DigiDokaan to exercise or enforce any right or provision of the Terms of Service
shall not constitute a waiver of such right or provision. If any provision of the Terms of
Service, including all terms and conditions and other documents it incorporates by reference, is
held by a court of competent jurisdiction to be contrary to law, such provision shall be changed
and interpreted so as to best accomplish the objectives of the original provision to the fullest
extent allowed by law, and the remaining provision of the Terms of Service shall remain in full
force and effect.
The Terms of Service, including the documents it incorporates by reference, constitute the
entire agreement between you and DigiDokaan and govern your use of the Services and your
Account, superseding any prior agreements between you and DigiDokaan (including, but not limited
to, any prior versions of the Terms of Service).
- INTELLECTUAL PROPERTY AND CUSTOMER CONTENT
- We do not claim any intellectual property rights over the Materials you upload to the
DigiDokaan Service. All Materials you upload to your DigiDokaan Store remains yours.
- By uploading Materials, you agree:
- to allow other internet users to view the Materials you post publicly to your
Store;
- to allow DigiDokaan to store, and in the case of Materials you post publicly,
display and use your Materials; and
- that DigiDokaan can, at any time, review and delete all the Materials submitted to
its Service, although DigiDokaan is not obligated to do so.
- You retain ownership over all Materials that you upload to the Store; however, by making
your Store public, you agree to allow others to view Materials that you post publicly to
your Store. You are responsible for compliance of the Materials with any applicable laws or
regulations.
- DigiDokaan shall have the non-exclusive right and license to use the names, trademarks,
service marks and logos associated with your Store to promote the Service.
- CANCELLATION AND TERMINATION
- You may cancel your Account and terminate the Terms of Service at any time by contacting
DigiDokaan Support and then following the specific instructions indicated to you in
DigiDokaan’s response.
- Upon termination of the Services by either party for any reason:
- DigiDokaan will cease providing you with the Services and you will no longer be able
to access your Account;
- Unless otherwise provided in the Terms of Service, you will not be entitled to any
refunds, pro rata or otherwise;
- any outstanding balance owed to DigiDokaan for your use of the Services through the
effective date of such termination will immediately become due and payable in full;
and
- your Store website will be taken offline.
- We reserve the right to modify or terminate the DigiDokaan Service, the Terms of Service
and/or your Account for any reason, without notice at any time (unless otherwise required by
applicable law). Termination of the Terms of Service shall be without prejudice to any
rights or obligations which arose prior to the date of termination.
- Fraud: Without limiting any other remedies, DigiDokaan may suspend or terminate your Account
if we suspect that you (by conviction, settlement, insurance or escrow investigation, or
otherwise) have engaged in fraudulent activity in connection with the use of the Services.
- THIRD PARTY SERVICES, EXPERTS, AND EXPERTS MARKETPLACE
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Consequential & Special Damage Claims
DigiDokaan & logistics partners shall not be liable for any consequential or special damage claims or any other indirect losses,
even if it is assumed DigiDokaan had prior knowledge such damages may occur.
Damages include, but are not limited to, loss of income, profit, interest, use of contents and/or loss of market share.
-
Liabilities Not Assumed
DigiDokaan & logistics partners shall not be liable if a shipment is lost or damaged, misrouted, or not delivered due to circumstances beyond control.
These include; Act of God and Naturally occurring disasters, “force majeure” such as war, plane crash, or embargo, or due to any mishaps or national
issues effecting Digidokaan. DigiDokaan will not be liable if the customer arranged transportation to any location not regularly served by logistics partners,
and the shipment could not be delivered. DigiDokaan & logistics partners are not responsible for magnetic energy erasure or any other such damages to
electronic or photographic images or recording in any form, or any other defects which may be part of the shipment,
regardless of whether or not DigiDokaan had knowledge of such defects at the time of booking.
-
Right of Inspection
DigiDokaan & Logistics partners have the right, but not the obligation, to inspect any shipment,
including opening the shipment, for any reason and at any time.
-
Insurance Coverage
-
Only FIR and covering documents will be provided for insurance purposes. DigiDokaan does not provide insurance
coverage unless purchased separately at the time of booking.
-
The customer can purchase Transit insurance separately. In case of any losses the customer can contact the insurance company for coverage.
DigiDokaan bears no responsibility for loss/damage of items.
-
Insurance Coverage for the customer is available if required, for a nominal fee.
-
DigiDokaan may arrange insurance on behalf of the Merchants upon request; however, insurance is not included unless otherwise purchased
at the time of booking. The insurance coverage shall be governed by all the terms and conditions contained in the insurance policy issued by the insurance company.
Consequential damage or losses, damage resulting from delay of transportation, or emotional damage claims are not covered by the insurance policy.
-
Material Not Acceptable for Transportation
Digidokaan & logistics partners will not accept the following as shipments; currency, jewelry, Bullion, Antiques, Liquor, Stamps, Precious Metals,
Precious Stones, Works of Art, Fire Arms, Plants, Drugs, Explosives, Animals, Perishable goods and items, Negotiable Instruments in bearer form,
Lewd Objects, Obscene and Pornographic Material, Industrial Carbons and Diamonds, hazardous or combustible materials, and all other items/articles
restricted by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization) and any item whose distribution is
regulated by law or by any statute of the Provincial or Federal Government of Pakistan.
-
Claims
Please note: DigiDokaan and our logistics partners and its employees, directors, and agents are not liable for certain losses and damages. Wherever a liability is present, it is strictly restricted to Rs.100/Kg OR paid by DigiDokaan logistics partner.
Therefore, customers are strongly advised to purchase insurance to protect their shipments.
No claim for loss or damage will be given until all transportation charges have been paid. The amount of any claim may not be deducted from any transportation charges owed to our logistics partners.
In case of natural disaster and any road side mishap (Snatching etc) we will provide only legal documents (FIR). If you have booked Zero value COD shipments OR partially received advanced payment, you must declared amount in REMARKS column. Otherwise no claim will be processed.
Claim must be brought forward by the Merchants and must be submitted in writing to the DigiDokaan within 15 days the shipment was booked. DigiDokaan does not maintain records relevant to a shipment for more than 30 days; therefore, no claim may be made against DigiDokaan outside of this time limit.
-
Returns:
If any parcel which is marked as returned in our web and mobile applications and is not physically received by the merchant from the logistic partner, merchant should send us a written request at [email protected] within 5 days of the date on which return status is marked according to below requirements. Digidokaan will not be responsible for any claim after five (5) days (expiration of claim periods).
If such request is not received within 5 days from the return date, the return would be demanded physically received and merchant would be bound to make payment for the entire amount payable against that returned parcel.
The request should be sent to Customer service department, DigiKhata, 535-B, People’s Colony Faisalabad. Or an email should be sent at: [email protected].
When you write to us, please provide following information for each returned parcel;
- Order number
- Consignment Number of the logistic provider
- Logistic provider name
- Description of goods in parcel & Purchase Invoice
- Packing & Picture of Products
- COD amount
Please do not pay any cash or personal account transfer to any DigiDokaan Employee. DigiDokaan does not allow its staff to collect or demand any cash payment/fund transfer in personal accounts from merchants"
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UNDERTAKING
I Digi Khata`s / Digi dokaan`s merchant hereby undertake and confirm that our shipments being stored AND/OR forwarded through Digi Khata’s logistic partners, either regularly OR occasionally, are lawful and legalized or does not contain any contraband, explosives commodities, goods fall under dangerous goods or any kind of prohibited and illegal material according to the Law of Islamic Republic of Pakistan.
We also undertake and confirm that all the government levies, taxes and duties of the shipments/goods being stored AND/OR forwarded through Digi Khata’s logistic partners have paid in full and we undertake to provide all legal and valid documents, including but not limited to invoices, Bill of Entry/Lading (in case of imported goods) etc., pertaining to the said shipments/goods whenever required by competent authorities or Digi Khata’s logistic partners on behalf of the said authorities. In case of any incident involving legal proceeding including inspection, confiscation or detention of goods, taken by the Government Authorities, we shall take full responsibility for the same and deal directly with the said Authorities to comply with all the legal and procedural requirements for the said Authorities. We hereby confirm that Digi Khata’s logistic partners or Digi Khata are not responsible to verify or check the relevant documents of the goods in doing this business with us. Digi Khata’s logistic partners or Digi Khata itself will also have no legal OR financial responsibility in such cases at any given time to get such seized/ detained OR confiscated goods released.
We acknowledge that the role of Digi Khata’s logistic partners and Digi Khata as service provider is limited to the storing of our shipments/goods at the Origin & Destination warehouses and delivering the same at different places/locations as per our request/advice. We therefore indemnify Digi Khata’s logistic partners and Digi Khata from any incontinence, damage, cost, expense (including attorney’s fee) fines, penalties, liabilities, claims or loss of goods will and reputation suffered by Digi Khata, Digi Khata’s logistic partner OR any of its directions, officers OR employees due to our incorrect/untrue representation hereunder OR and violation of laws and rules or due to initiation of above mention legal proceeding, if any.
- DigiDokaan may from time to time recommend, provide you with access to, or enable third
party software, applications (“Apps”), products, services or website links (collectively,
“Third Party Services”) for your consideration or use, including via the DigiDokaan App
Store, or Experts Marketplace. Such Third Party Services are made available only as a
convenience, and your purchase, access or use of any such Third Party Services is solely
between you and the applicable third party services provider (“Third Party Provider”). In
addition to these Terms of Service, you also agree to be bound by the additional
service-specific terms applicable to services you purchase from, or that are provided by,
Third Party Providers.
- Any use by you of Third Party Services offered through the Services, DigiDokaan Experts,
Experts Marketplace or DigiDokaan’s website is entirely at your own risk and discretion, and
it is your responsibility to read the terms and conditions and/or privacy policies
applicable to such Third Party Services before using them. In some instances, DigiDokaan may
receive a revenue share from Third Party Providers that DigiDokaan recommends to you or that
you otherwise engage through your use of the Services, DigiDokaan Experts, Experts
Marketplace or DigiDokaan’s website.
- We do not provide any warranties or make representations to you with respect to Third Party
Services. You acknowledge that DigiDokaan has no control over Third Party Services and shall
not be responsible or liable to you or anyone else for such Third Party Services. The
availability of Third Party Services on DigiDokaan’s websites, including the DigiDokaan App
Store or Experts Marketplace, or the integration or enabling of such Third Party Services
with the Services does not constitute or imply an endorsement, authorization, sponsorship,
or affiliation by or with DigiDokaan. DigiDokaan does not guarantee the availability of
Third Party Services and you acknowledge that DigiDokaan may disable access to any Third
Party Services at any time in its sole discretion and without notice to you. DigiDokaan is
not responsible or liable to anyone for discontinuation or suspension of access to, or
disablement of, any Third Party Service. DigiDokaan strongly recommends that you seek
specialist advice before using or relying on Third Party Services, to ensure they will meet
your needs. In particular, tax calculators should be used for reference only and not as a
substitute for independent tax advice, when assessing the correct tax rates you should
charge to your customers.
- If you install or enable a Third Party Service for use with the Services, you grant us
permission to allow the applicable Third Party Provider to access your data and other
Materials and to take any other actions as required for the interoperation of the Third
Party Service with the Services, and any exchange of data or other Materials or other
interaction between you and the Third Party Provider is solely between you and such Third
Party Provider. DigiDokaan is not responsible for any disclosure, modification or deletion
of your data or other Materials, or for any corresponding losses or damages you may suffer,
as a result of access by a Third Party Service or a Third Party Provider to your data or
other Materials.
- You acknowledge and agree that: (i) by submitting a request for assistance or other
information through Experts Marketplace, you consent to being contacted by one or more
Experts at the Store Owner’s registered email address (or such other email address provided
by you) as well as the applicable user email address; and (ii) DigiDokaan will receive all
email communications exchanged via Experts Marketplace or in any reply emails (each a
“Reply”) that originate from Experts Marketplace (directly or indirectly) between yourself
and Experts. You further agree that DigiDokaan may share your contact details and the
background information that you submit via the Experts Marketplace with Experts. Experts may
require access to certain admin pages on your DigiDokaan Store. You choose the pages that
the Experts can access.
- The relationship between you and any Third Party Provider is strictly between you and such
Third Party Provider, and DigiDokaan is not obligated to intervene in any dispute arising
between you and a Third Party Provider.
- Under no circumstances shall DigiDokaan be liable for any direct, indirect, incidental,
special, consequential, punitive, extraordinary, exemplary or other damages whatsoever that
result from any Third Party Services or your contractual relationship with any Third Party
Provider, including any Expert. These limitations shall apply even if DigiDokaan has been
advised of the possibility of such damages. The foregoing limitations shall apply to the
fullest extent permitted by applicable law.
- You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates,
DigiDokaan partners, officers, directors, agents, employees, and suppliers harmless from any
claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third
Party Service or your relationship with a Third Party Provider.
-
In case of any claim against (third party) including returns, you can lodge a claim at [email protected] along with receiving sheet, within five(5) days from the date of return marked at digiDokaan platform. Digidokaan will not be responsible for any claim after five(5) days (expiration of claim periods).
- BETA SERVICES
From time to time, DigiDokaan may, in its sole discretion, invite you to use, on a trial basis,
pre-release or beta features that are in development and not yet available to all merchants
(“Beta Services”). Beta Services may be subject to additional terms and conditions, which
DigiDokaan will provide to you prior to your use of the Beta Services. Such Beta Services and
all associated conversations and materials relating thereto will be considered DigiDokaan
Confidential Information and subject to the confidentiality provisions in this agreement.
Without limiting the generality of the foregoing, you agree that you will not make any public
statements or otherwise disclose your participation in the Beta Services without DigiDokaan’s
prior written consent. DigiDokaan makes no representations or warranties that the Beta Services
will function. DigiDokaan may discontinue the Beta Services at any time in its sole discretion.
DigiDokaan will have no liability for any harm or damage arising out of or in connection with a
Beta Service. The Beta Services may not work in the same way as a final version. DigiDokaan may
change or not release a final or commercial version of a Beta Service in our sole
discretion.
- FEEDBACK AND REVIEWS
DigiDokaan welcomes any ideas and/or suggestions regarding improvements or additions to the
Services. Under no circumstances shall any disclosure of any idea, suggestion or related
material or any review of the Services, Third Party Services or any Third Party Provider
(collectively, “Feedback") to DigiDokaan be subject to any obligation of confidentiality or
expectation of compensation. By submitting Feedback to DigiDokaan (whether submitted directly to
DigiDokaan or posted on any DigiDokaan hosted forum or page), you waive any and all rights in
the Feedback and that DigiDokaan is free to implement and use the Feedback if desired, as
provided by you or as modified by DigiDokaan, without obtaining permission or license from you
or from any third party. Any reviews of a Third Party Service or Third Party Provider that you
submit to DigiDokaan must be accurate to the best of your knowledge, and must not be illegal,
obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property
rights, or otherwise injurious to third parties or objectionable. DigiDokaan reserves the right
(but not the obligation) to remove or edit Feedback of Third Party Services or Third Party
Providers, but does not regularly inspect posted Feedback.
- RIGHTS OF THIRD PARTIES
Save for DigiDokaan and its affiliates, DigiDokaan Users or anyone accessing DigiDokaan Services
pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no
person or entity who is not a party to these Terms of Service shall have any right to enforce
any term of these Terms of Service, regardless of whether such person or entity has been
identified by name, as a member of a class or as answering a particular description. For the
avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of
these Terms.
- PRIVACY & DATA PROTECTION
DigiDokaan is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that DigiDokaan’s collection, usage and disclosure of this personal information is governed by our
Privacy Policy | DigiDokaan.
-
The Following Rates of the courier will be applicable for the period of 12 Months from the date of agreement signed.
If flyers are included in shipment flyer will be charged.
Size |
Amount |
Small (11 x 10 inches) |
Rs.20 |
Medium (16 x 12 inches) |
Rs.25 |
Large (19 x 14 inches) |
Rs.30 |
Charges Calculation (By Weight):
The client will be charged the gross/Volumetric weight, whichever is higher, If the shipment exceeds the standard size. The weight will be calculated Length (cm) "X" Width (cm) "X" Height(cm)/5000; where "X" stand for multiplication
Overnight |
Detain |
Overland |
Weight |
Local Charges |
National Charges |
Weight |
Local Charges |
National Charges |
Weight |
Local Charges |
National Charges |
01 Grams to 500 Grams |
Rs.200 |
Rs.200 |
1 KG to 3 KG |
Rs.270 |
Rs.270 |
1 KG to 5 KG |
Rs.300 |
Rs.300 |
501 Grams to 1 KG |
Rs.200 |
Rs.200 |
Each Additional KG |
Rs.85 |
Rs.85 |
Each Additional KG |
Rs.60 |
Rs.60 |
Each Additional KG |
Rs.100 |
Rs.100 |
-- |
-- |
-- |
-- |
-- |
-- |
Additional Charges: FAF/FAC will be Applied on Above tariffs & GST as per Govt. Law.
*Services Charges of DigiDokaan will be applied for the Merchants (Upfront / Advance Payments) on the value of the order and the courier charges as above shall be deducted and balance to be paid the merchant in the account mentioned by him at the when the status is “Dispatched”
- CONTACT INFORMATION
Questions about the Terms of Service should be sent to us [email protected] or call our help line
+92 313 7979 999 or visit us NOOR CENTER 33Z, Block Z Madina Town, Faisalabad, Pakistan
DIGI DOKAAN SERVICE AGREEMENT
This Digi Dokaan Service Agreement (hereinafter referred to as the “Agreement”), is executed
in Faisalabad, Pakistan as on this _________________(hereinafter referred to as the ( Effective Date “ ”).
BY AND BETWEEN
Digi Khata (SMC-Private) Limited a company incorporated under the laws of the Islamic Republic of Pakistan with its registered office at 535-B, Peoples Colony, No. 1, Faisalabad (hereinafter referred to as the “Digi Khata”, which expression shall, where the context so permits, mean to include its successors-in-interest and permitted assigns)
________________________________________________, a company incorporated under the laws of the Islamic Republic of Pakistan with its registered office at ________________________________________________ through its authorized officer Mr./Miss____________, having, CNIC No._________________, resident of _____________________________________¬ (hereinafter referred to as “Merchant”, which expression shall, where the context so permits, mean to include its successors-in-interest , administrators, agents and permitted assigns) of the Second Part;
OR
______________________________________________, a sole proprietorship registered in the name of Mr./Miss ________________________________________, having CNIC No. _____________________________, resident of ______________________________ (hereinafter referred to as “Merchant”, which expression shall, where the context so permits, mean to include its successors-in-interest, administrators, agents and permitted assigns) of the Second Part;
OR
_______________________________________ ______, a partnership concern under the name(s) of partners
- Mr./Miss _____________________, having CNIC No. ______________________
- Mr./Miss _____________________, having CNIC No. ______________________
having it registered address at ______________________________________________________
______________________________________________________________________________ (hereinafter referred to as “Merchant”, which expression shall, where the context so permits, mean to include its successors-in-interest, administrators, agents and permitted assigns) of the Second Part;
The terms ‘Digi Khata’ and ‘Merchant’ are hereinafter referred to individually as a “Party” and collectively as the “Parties”, as the context may require
WHEREAS, Digi Khata owns, operates and manages an application with the name of Digi Dokaan (hereinafter referred to as the “Digi Dokaan App”) in which Merchants may be able to sell their products to customers;
AND WHEREAS, Digi Khata shall enable the Merchants to deliver the booked products of customers to the customer’s choice of location and provide cash on delivery services (hereinafter referred to as the “COD Services”) so that the reach of Merchants may be increased;
AND WHEREAS, Digi Khata shall be providing delivery services through its logistics partners (hereinafter referred to as the “Delivery Services”) and Digi Khata shall collect all COD Services payments directly from such logistics partners, meanwhile also assisting the logistics partner and the Merchants, both, in the Delivery Services and COD Services as per the terms of this Agreement;
AND WHEREAS, the Merchant understands that Digi Khata has entered into agreements with logistics partners to provide delivery services and cash on delivery services and that Digi Khata at all times reserves the right to engage any logistics partner for such services to be provided;
AND WHEREAS, Digi Khata has entered into agreements with licensed financial institution (the “Financing Partners”) who shall enable the Merchants to receive an advance payment facility amounting to PKR____________________________________________
(the “Advance Payment Facility”) so that the Merchants may avail the same as per the terms of this Agreement;
AND WHEREAS, the parties hereby understand that Digi Khata is not a licensed non-banking or banking financial corporation and no Advance Payment Facility is being extended by it to the Merchants directly. The Advance Payment Facility is being extended to the Merchants by the Financing Partners and Digi Khata is merely enabling the same as per the terms of this Agreement;
AND WHEREAS, Digi Khata through its Financing Partners shall extend the Advance Payment Facility to the Merchant and the Merchant hereby accepts the Advance Payment Facility subject to the terms and conditions of this Agreement.
The parties agree as follows:
- ADVANCE PAYMENT FACILITY, COLLATERAL & RECALL
- Digi Khata through its Financing Partners extends Advance Payment Facility to the Merchant and the Merchant hereby accepts the Advance Payment Facility subject to the terms of this Agreement.
- In consideration for Advance payment Facility being extended to the Merchant and in consideration of the COD Services and Delivery Services, Digi Khata shall charge to the Merchant a service fee equivalent to ____ % on Shipments amount. Facility (the “Service Fee”), until paid in full with the accruing Service Fee.
- For the Advance Payment Facility to be extended to the Merchant, the Merchant shall pay to Digi Khata as a setting up fee, 0% of the Advance Payment Facility before the Advance Payment Facility is extended to the Merchant (the “Setting Up Fee”). The Setting Up Fee shall be adjustable with the Service Fee to be paid by the Merchant to Digi Khata.
- The Merchant hereby agrees to declare and put 100% of his orders being placed through COD Services as a collateral against the Advance payment Facility (the “Collateral”) and Digi Khata shall be at liberty to receive and withhold any and all amounts of Collateral until the final settlement of the Advance payment Facility and the Service Fee as per the terms of this Agreement.
- All payments of Collateral shall be collected by Digi Khata to recover paid amounts and the Service Fee amounts.
- Guarantee cheque No. _____________ amounting to Rs __________to be provided in
favor of Digi Khata SMC Pvt Limited.
- Guarantee cheque No. _____________ amounting to Rs __________to be provided in
favor of Digi Khata SMC Pvt Limited.
-
The merchant hereby undertakes and agrees that in order for him to continue to avail the advance payment facility, the merchant has to ensure ordering through COD Services in every given seven (7) days of an amount equivalent to at least advance paid. Should the merchant fail to comply with ordering requirement with in 10 days, Digi Khata will charge a Late Payment Fee equivalent to 0.2% of the advance payment facility for each day outstanding beyond 10 days period and shall be at liberty to recall for payment from the merchant all overdue and unpaid amounts of the advance payment facility, the Service Fee and the late payment fee, at its sole discretion.
-
The merchant hereby undertakes and agrees that in order for him to continue to avail the Upfront Payment Facility, the merchant has to ensure ordering through COD Services on regular basis without inactivity of 15 days. (the “Condition”). Should the Merchant fail to comply with the Condition, Digi Khata will charge a Late Payment Fee equivalent to 0.2% of the upfront payment facility for each day outstanding beyond given 15 days period and shall be at liberty to recall for payment from the merchant all overdue and unpaid amounts of the Upfront payment Facility, the Service Fee and the Late Payment Fee, at its sole discretion.
- DIGI DOKAAN SERVICES
-
Subject to the terms of this Agreement, Digi Khata agrees to provide the following services directly to the Merchant (hereinafter referred to as the “Digi Dokaan Services”):
-
Provide access to the Digi Dokaan App so that the Merchant may be able to sell his/her products to customers via the Digi Dokaan App;
-
Handle the amounts received by logistics partners for COD Services and ensure that the correct amounts are received for the orders made to the Merchant;
-
Entertain all reasonable disputes related to orders placed to the Merchant, on behalf of the Merchant; and
-
Enable the Merchant to market his/her products on the Digi Dokaan App to customers from all over Pakistan.
-
Subject to the terms of this Agreement, Digi Khata agrees to facilitate the Merchant in all delivery of products being ordered through its logistics partners – the Delivery Services.
-
The Merchant hereby understands that all responsibility as to the delivery of products rests with such logistics partners.
-
The Merchant hereby authorizes Digi Khata to receive and collect all payments of products linked with COD Services.
-
GUARANTEE
Merchant hereby agrees to the following terms and conditions:
-
The Merchant hereby understands that Digi Khata is taking the risk of the Merchant’s payments not coming through in lieu of the COD Services and in order to minimize this risk, the Merchant has agreed to provide to Digi Khata a guarantee cheque amounting to the value of the Advance Payment Facility, which shall only be encashed by Digi Khata upon the breach of Condition.
-
In any case, the Merchant hereby agrees that should he fail to pay the Advance Payment Facility and the Service Fee in full within a time period of 30 days from disbursement of advance, Digi Khata shall have the right to forfeit all products being part of the COD Services, and avail all legal remedies available.
-
TERMS AND CONDITIONS
-
Co-operate to the extent as is reasonable to do so with Digi Khata in all matters relating to the Digi Dokaan Services;
-
Provide all documents and information requested by Digi Khata to enable Digi Khata to provide the Digi Dokaan Services in accordance with this Agreement within reasonable time of any request for such information being received, including utility bills, CNIC copy and a 3-6 months courier statement amongst others;
-
Provide details of any special precautions for storage, handling or carriage of the Goods, required by the nature, weight or condition of the goods;
-
Notify Digi Khata promptly of any actual or prospective failure to meet the requirement of the Digi Dokaan Services decided between the Parties;
-
Shall not sell any goods and shall not use the Digi Dokaan Services for any prohibited items as prohibited under any law(s) of Pakistan;
-
The merchant shall not misuse advance loan facility by involving in illegitimate activity like fake ordering.
-
Any arrangements communicated by Digi Khata to the Merchant from time to time regarding the procurement and delivery of goods shall be timely executed by the Merchant; and
-
Any and all other requirements as communicated by Digi Khata from time to time regarding the Digi Dokaan Services.
-
TERMINATION
-
This Agreement shall terminate only upon the Advance Payment Facility, the Service Fee and the Late Payment Fee being paid to Digi Khata in full.
-
Notwithstanding clause 5.1, above, Digi Khata reserves the right to terminate this Agreement at any time upon providing the Merchant with a three (03) days written notice. Upon such termination by Digi Khata, all unpaid amounts of the Advance Payment Facility, the Service Fee and the Late Payment Fee shall become payable by the Merchant to Digi Khata, immediately.
-
SUCCESSORS AND ASSIGNS
This Agreement will inure to the benefit of and be binding on the respective successors and permitted assigns of the Merchant.
-
AMENDMENT
This Agreement may be amended or modified only by a written agreement, duly signed by both the Merchant and Digi Khata.
-
NOTICES
-
A notice given under this Agreement:
-
shall be in writing in the English language;
-
shall be sent for the attention of the person, and to the address, or number, given in this Clause (or such other address, fax number or person as the relevant party may notify to the other party); and
-
shall be:
-
delivered personally; or
-
delivered by commercial courier; or
-
sent by pre-paid first-class post or recorded delivery; or
-
(if the notice is to be served or given outside the country from which it is sent) sent by reputable international overnight courier; or
-
sent by email to an email address notified by the relevant party to the other party for such purpose.
-
The addresses for service of notices shall be:
Digi Khata’s Address: 535 B, People Colony # 1, Faisalabad.
Merchant’s Address: _____________________________________________
_____________________________________________
_____________________________________________
-
NO WAIVER
Digi Khata shall not be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing. Waiver by Digi Khata of a breach or violation of any provision of this Agreement shall not constitute a waiver of any other subsequent breach or violation.
-
SEVERABILITY
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement.
-
ASSIGNMENT
The Merchant shall not assign this Agreement, in whole or in part, without the written consent of Digi Khata. Digi Khata may assign all or any portion of this Agreement with written notice to the Merchant.
-
GOVERNING LAW
This Agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the Islamic Republic of Pakistan; and
-
The Parties irrevocably agree that the Courts of the Faisalabad in the Islamic Republic of Pakistan have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
-
ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties and supersedes and cancels all prior agreements of the parties, whether oral or written, with respect to such subject matter.
-
TAXES
All payments to be made by Digi Khata to the Merchant under this Agreement shall be made after due deductions of any tax(es) as applicable in Pakistan.
IN WITNESS WHEREOF the Parties have hereunder set their hands on the day and year first above written.
For & On Behalf of DIGI KHATA (SMC-PRIVATE) LIMITED
|
For & On Behalf of The Merchant
|
Sign: |
Sign: |
Name: |
Name: |
Designation: |
Designation: |
Email: |
Email: |
Witnesses:
1.Sign: |
2.Sign: |
Name: |
Name: |
Phone#: |
Phone#: |
CNIC#: |
CNIC#: |
Address: |
Address: |
PARTICULARS
Merchant Name |
|
CNIC |
|
Phone Number |
|
E-mail ID |
|
Business Name |
|
Pickup Address |
|
Return Address |
|
Bank & Branch Name |
|
A/C Number |
|
SCHEDULE OF FEE & CHARGES
RATES: The Following Rates of the courier will be applicable for the period of 12 Months from the date of agreement signed.
-
If flyers are included in shipment Rs. 15 small Rs.20 for medium flyer and Rs.25 for large flyer will be charged
Small size =11*10 inches, Medium = 16*12 inches & Large = 19*14 inches
Overnight |
Detain |
Overland |
Weight |
Within-City |
Out of City |
Weight |
Within-City |
Out of City |
Weight |
Within-City |
Out of City |
0 KG to 0.5 KG |
Rs. |
Rs. |
1 KG to 3 KG |
Rs. |
Rs. |
1 KG to 5 KG |
Rs. |
Rs. |
1 KG to 1 KG |
Rs. |
Rs. |
Each Additional KG |
Rs. |
Rs. |
Each Additional KG |
Rs. |
Rs. |
Each Additional KG |
Rs. |
Rs. |
|
|
|
|
|
|
Additional Charges: FAF/FAC % will be Applied on Above tariffs & GST as per Govt. Law.
Services Charges of Digi Dokaan on the value of the order and the courier charges as above shall be deducted and balance to be paid the merchant in the account mentioned by him at the when the status is “Dispatched”