This User Agreement (the “Agreement”) constitutes a legally binding agreement between you and Karnival Pvt, governing your use of the platform, including the services offered for buying and selling items. By accessing or using the platform, you agree to the terms set forth in this Agreement.
- Definitions
User: A registered or unregistered individual or entity using the Platform.
Seller: A User who lists goods for sale on the Platform.
Buyer: A User who purchases goods listed on the Platform.
Content: All materials, including but not limited to text, images, and user submissions on the Platform.
- Account Registration and User Obligations
2.1 Eligibility:
You must be at least 18 years of age to register an account on Karnival Pvt. If you are a minor under applicable law, you may only use the Platform under the supervision of a parent or legal guardian.
2.2 Registration Data:
You agree to provide accurate, complete, and up-to-date information during registration and to update such information as necessary.
2.3 Password Security:
You are responsible for maintaining the confidentiality of your account credentials. Any activity conducted under your account will be deemed your responsibility.
- Platform Use
3.1 Permissible Use:
The Platform is intended for personal, non-commercial use. Unauthorized commercial activities, such as reselling, are prohibited unless explicitly permitted in writing by Karnival Pvt.
3.2 Prohibited Activities:
You agree not to engage in any activity that disrupts or interferes with the Platform’s operations, including but not limited to:
Uploading viruses, malware, or harmful code.
Attempting to access non-public areas of the Platform.
Engaging in fraudulent transactions or abusive behavior.
Violations may result in account suspension, civil claims, and legal action under PECA 2016 and other applicable laws.
- Transactions
4.1 Sales Agreement:
When a User (hereinafter referred to as “Seller”) lists an item for sale on the Platform, they enter into a binding agreement with the Buyer, subject to the conditions set forth in this Agreement and applicable laws such as Section 4 of the Contract Act 1872. The sale of goods on the Platform is subject to the condition that the Seller has full legal ownership and the right to transfer the ownership of the goods being sold.
4.2 Price and Payment:
All transactions on the Platform must be conducted in the local currency (PKR). Payment for goods must be made through the authorized payment processors integrated into the Platform, which may include bank transfers, credit cards, or mobile wallets. By using these payment methods, Users agree to the terms provided by these third-party payment processors, which may be governed by the Electronic Funds Transfer Act and PECA 2016.
4.3 Disputes Between Users:
Karnival Pvt serves as a facilitator for transactions between Buyers and Sellers. In the event of a dispute arising from the transaction, including non-delivery of goods, defective goods, or payment issues, Karnival Pvt will assist in resolving the dispute but will not be held liable for the transaction itself. Dispute resolution will be conducted in accordance with Section 42 of the Arbitration Act 1940. Sellers are required to provide accurate descriptions of goods, and Buyers must ensure timely payment for goods as per Section 27 of the Contract Act 1872.
- User Obligations and Conduct
5.1 User Responsibilities:
Users agree to abide by all applicable laws, including PECA 2016, Consumer Protection Act 2020, and other regulations that may govern online transactions and commercial activities within Pakistan. Users are prohibited from engaging in:
Fraudulent Activities: Users must not create false accounts, misrepresent products, or engage in any form of deceit. Violations may result in penalties under Section 24 of PECA 2016, which pertains to cyber fraud.
Illegal Sales: It is strictly prohibited to sell or offer for sale any goods that are counterfeit, stolen, or otherwise illegal under the laws of Pakistan, including the Pakistan Penal Code 1860.
Spam and Phishing: Users must refrain from sending unsolicited communications (spam) or engaging in phishing attacks. Section 21 of PECA 2016 outlines penalties for unauthorized access and spamming activities.
- Platform Fees and Services
6.1 Service Fees:
Karnival Pvt may charge service fees to Sellers for using the Platform. These fees are non-refundable and will be clearly outlined prior to the listing of any item. The fees may include listing fees, transaction fees, and any additional charges related to premium services.
6.2 Taxes:
Sellers are responsible for determining and paying any applicable taxes associated with their sales. This includes sales tax, value-added tax (VAT), or any other tax that may be applicable under the Federal Board of Revenue (FBR) rules or other tax-related legislation.
- Content and Intellectual Property
7.1 User-Generated Content:
Users may submit content in the form of product descriptions, reviews, images, and other media. By submitting content, the User grants Karnival Pvt a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the content for purposes related to the operation of the Platform. Users are responsible for ensuring that the content does not infringe upon third-party intellectual property rights, as outlined under Section 58 of the Copyright Ordinance 1962.
7.2 Intellectual Property Rights:
All intellectual property related to the design, functionality, and operation of the Platform, including but not limited to the Karnival Pvt logo, website design, and underlying software, are the exclusive property of Karnival Pvt. Unauthorized use, reproduction, or distribution of any proprietary content may result in legal action under PECA 2016 and the Trade Marks Ordinance 2001.
- Termination of Services
8.1 Termination by User:
Users may terminate their account at any time by contacting customer service. However, such termination will not relieve the User of any obligations arising from prior transactions, such as payment of outstanding fees or resolution of disputes.
8.2 Termination by Karnival Pvt:
Karnival Pvt reserves the right to suspend or terminate a User’s account if the User is found in violation of this Agreement, engages in unlawful activities, or is otherwise acting in a manner harmful to the Platform. This may be done without prior notice in cases of serious breaches, such as violations of PECA 2016 related to cybercrime.
- Limitation of Liability
9.1 General Limitation:
Karnival Pvt will not be held liable for any direct, indirect, incidental, special, or consequential damages resulting from the use of the Platform. This includes but is not limited to damages related to:
Loss of business, revenue, or profits.
Damages arising from misuse of personal data, as per Section 43 of PECA 2016.
Unavailability of the Platform due to technical issues.
- Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Pakistan. Any disputes arising from or related to this Agreement will be subject to the exclusive jurisdiction of the courts in [City], Pakistan, under the Civil Procedure Code 1908.
- Amendments
Karnival Pvt reserves the right to amend or modify this Agreement at any time. Notice of such amendments will be provided via email or on the Platform. Continued use of the Platform following such modifications will constitute acceptance of the revised Agreement.