Terms & Conditions

TERMS & CONDITIONS (DIALBOXX)

 

The User Agreement for accessing or using the Dialboxx platform, which includes the website (dialboxx.com), the mobile application (Dialboxx i.e.), and the uniform resource locator for each merchant, is composed of the Terms and the Privacy Policy. This agreement constitutes an electronic record under the Information Technology Act, 2000 and the amended provisions related to electronic records in various statutes. It is published in accordance with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which requires the publication of rules and regulations, privacy policy, and terms and conditions. Dialboxx Private Limited, (also referred as ‘The Company’) a company incorporated under the laws of Pakistan, operates the Platform, and its registered office is located at Office 1, Building 17-C, Zamzama Commercial Lane 9, Phase V, DHA, Karachi, Sindh

 

Accustomed Practices

 

The Company facilitates transactions on its Platform among participating merchants, sellers, stores, and restaurants, and buyers. These transactions pertain to an extensive range of products and services, specifically encompassing food and beverages, provisions, consumer goods, consumables, and any other products or services collectively referred to as "Platform Services." The Buyers, on the other hand, have the discretion to select and place Orders for various products and services offered for sale on the Platform by multiple Merchants, which may include, among others, restaurants, eateries, grocery stores, and other service providers.

 

    1. In these Terms, the terms "User" and "You" (or any variation thereof) shall refer to any natural or legal person, including legal heirs, administrators, or successors, who has accessed or used the Platform and agreed to become a user of the Platform. If You are accessing or using the Platform and accepting these Terms on behalf of a company, organization, government, or other legal entity, You represent and warrant that You are authorized to do so.
    2. The Company facilitates transactions on its Platform between participating merchants, sellers, stores, and restaurants, and buyers, involving a wide range of products and services, namely food and beverages, provisions, consumer goods, consumables, among others. These offerings are collectively referred to as "Platform Services." The Buyers have the option to select and place Orders for various products and services available for sale on the Platform, provided by several Merchants, including but not limited to restaurants, eateries, grocery stores, and other service providers.
    3. Unless the context in case requires, “Dialboxx Private Limited’’, “We”, “us”, “our” or “Company” shall mean Dialboxx Private Limited or any of its licensees, if now or in the future.
    4. The Company facilitates transactions on its Platform among participating merchants, sellers, stores, and restaurants, and buyers. These transactions pertain to an extensive range of products and services, specifically encompassing food and beverages, provisions, consumer goods, consumables, and any other products or services collectively referred to as "Platform Services." The Buyers, on the other hand, have the discretion to select and place Orders for various products and services offered for sale on the Platform by multiple Merchants, which may include, among others, restaurants, eateries, grocery stores, and other service providers.
    5. These Terms outline the guidelines, rules, regulations, policies, and conditions that govern the use of the Platform, and they may be updated or revised periodically. These rules and regulations apply to anyone who accesses or uses the Platform.
    6. The use of the Platform and the Services provided is subject to the regulations, policies, notices, terms, and conditions that are either specified or referenced in these Terms. Therefore, Users must comply with these rules and regulations to utilize the Services and the Platform.
    7. Before registering on the Platform, listing any item, accessing any information or Services, or posting any information, Users are advised to read these Terms carefully. They are encouraged to review the conditions and policies that are specified or referred to in these Terms.
    8. As a User, the User Agreement is binding and effective upon acceptance. Acceptance occurs when a User enters the required information on the sign-up page or accesses the Platform. If a User does not agree to the User Agreement or the Policies specified below, they should not enter any information on the sign-up page or click the "Accept" button. Additionally, they should not seek access to the Platform or any of its components, services, or information.
    9. The Platform's content is intended for general information purposes only and should not be relied upon as advice. Before taking any action based on the Platform's content, Users must obtain professional or specialist advice to ensure the action's appropriateness or necessity.
    10. These Terms set forth the rules, regulations, policies, and conditions that apply to anyone who accesses or utilizes the Platform, and they may be amended and updated periodically.
    11. By accepting these Terms, either explicitly or implicitly, Users also agree to abide by the Company's applicable policies, including the Privacy Policy published on the Platform ("Policies"). The Company notifies Users of these Policies by publishing them on the Platform.

 

User Registration and Profile Creation:

 

    1. To access the relevant services, users must create a profile by providing their details and creating a username and password, or by registering using mobile verification.
    2. It is your responsibility to keep your login details, such as your username, password, and user code (if applicable), confidential and secure.
    3. By registering on the platform, you agree that anyone who has obtained your username, password, and code will have the same access as you. You are responsible for all activities that occur under your account, and must keep your access information and password confidential. Even if unauthorized, you are liable for any usage of your account and password.
    4. If you suspect any unauthorized use of your account or password, you must notify the company immediately. The company and its personnel will not be responsible for any losses incurred from breaches of security, but you will be liable for any losses incurred by the company or others due to unauthorized use of your account.
    5. By registering on the platform, you agree that the only purpose is to run your legal business online. You must not use the platform for any other purpose and not for any activities that are not permitted under applicable laws.

 

Modifications

 

    1. The Company The Company has the right to change the Platform, modify these Terms and/or Policies, and refuse access to anyone who violates the User Agreement. The termination of membership and deletion of the account are also within the Company's rights.
    2. If there are any changes to the User Agreement, they will be posted on publicly accessible links on the Platform, and by using or accessing the Platform, you agree that this constitutes sufficient notice. The new terms will be effective from the moment they are published.
    3. The Company is not required to give prior notice to Users if any changes to the User Agreement would reduce their existing rights or add new obligations. The decision on whether any proposed amendments to the User Agreement diminish existing rights or impose additional obligations on the User is at the sole discretion of the Company, and Users accept and understand this.
    4. The Company has the right to change the Platform, modify the Terms and/or Policies, and deny access, including terminating membership and deleting accounts, for anyone who violates the User Agreement.
    5. You should be aware that any changes made to the User Agreement will be published on publicly accessible links on the Platform, and by using or browsing the Platform, you agree that this constitutes sufficient notice. The revised terms will be effective from the moment they are published.
    6. The Company is not obligated to give Users prior notice if any changes to the User Agreement reduce their existing rights or add new obligations. Users acknowledge and agree that the Company has sole discretion to decide whether proposed amendments to the User Agreement will reduce existing rights or add new obligations.

 

 

User Information

 

  1. Your profile on the Platform may contain personal or sensitive information about you, and you are voluntarily agreeing to share this information in accordance with the User Agreement and applicable laws.
  2. By registering on the Platform or at any other prompt or request, you commit to providing truthful, accurate, up-to-date, and complete information.
  3. As a user, you are responsible for all fees associated with using our Services, and we may charge you for our Services, including taxes. Refunds are generally not provided unless required by Law.
  4. To use our Services, you will need to have certain devices, software, and data connections, and you agree to install any necessary updates to continue using our Services.
  5. The Company is not liable for the authenticity of personal information or sensitive data provided by the User to the Company or any other party acting on the Company's behalf.
  6. If you provide false or incomplete information that leads to damages or losses for another user or third party, the Company and its personnel will not be held liable. You agree to indemnify and hold harmless the Company and its personnel as stated in the Indemnity clause of the Terms.
  7. You are not permitted to impersonate another user and must keep your information up-to-date to ensure it is accurate, truthful, and not misleading. If you provide false or misleading information, the Company may suspend or terminate your access to the Platform.
     

Upon registration, you are granting the Platform access to various data and information on your mobile device, including phone numbers, location, and stored data.

Meanings:

  1. An "Internal Service Provider" is a logistics or back-end service provider appointed by the Company to provide various services required for running the Platform's operations, such as search technology, payments, affiliate and rewards programs, co-branded credit cards, maintenance services, and database management.
  2. The term "Authority" refers to any government or regulatory agency with jurisdiction over the relevant matter.
  3. In this agreement, an "Affiliate" is defined as any person or entity that has control over, is controlled by, or is under the common control of the Company. "Control" is defined as the ability of a person or group of people to direct or influence the management and policies of another entity, whether through ownership or other means. If a person or group of people can appoint a majority of the directors of a corporation, they are considered to be in control of that corporation.
  4. The "Grievance Redressal Officer" is an individual appointed by the Company to handle grievances in accordance with applicable laws.
  5. "Information" refers to any confidential or personally identifiable information provided to the Company or other Platform users, including but not limited to name, age, email address, mailing address, phone number, and other personal information.
  6. "Law" encompasses all government statutes, laws, ordinances, rules, regulations, notifications, policies, directions, and orders.
  7. "Losses" include any losses, liabilities, actions, suits, claims, proceedings, costs, damages, penalties, judgments, amounts paid in settlement, expenses, and other related costs.
  8. "Person" refers to any individual, legal entity, company, body corporate, partnership firm, association, trust, society, limited liabil1ity partnership, or proprietorship, whether incorporated or not.
  9. The "Pay Facility" is the automated electronic payment or collection and remittance facility provided by the Company to enable Buyers to make payments for paid services on the Platform through banks, financial institutions, or authorized payment gateway facilities.
  10. The "Services" refer to the services provided by the Platform, as specifically notified by the Company, including acting as an intermediary or facilitator for providing a platform web and/or mobile application for enabling users to sell their products or services online, in accordance with applicable laws.
  11. "Policies" include the Privacy Policy and any other policies of the Company, as amended and provided on the Platform or communicated to Users in any other way from time to time.
  12. A "User" is any individual or entity that uses the Platform.


 

Computerized Communication

 

  1. By using the Platform, you agree to stay informed about any data, information, or communication related to you that the Company makes available. You acknowledge that any communication between you and the Company, including email or other electronic correspondence, constitutes an electronic record. As such, you consent to receiving electronic documents, such as emails and SMS, from the Company. These communications will serve as adequate notice and electronic records.
  2. We may need to send you certain notifications, such as service announcements or administrative messages, that are considered part of our Services and your account. Opting-out of these communications may not be possible. If you change or deactivate your phone number after adding it to your account, it's important to update your account information to prevent us from contacting anyone who acquires your old number.
  3. You are responsible for any charges associated with accessing the Platform, including text messaging fees for mobile devices. Our communication with you may include notifications about various features of our services. You may receive promotional information unless you choose to opt-out of receiving such communication.Top of FormBottom of Form


 

Common Terminology

 

  1. The Company does not guarantee the specific details (such as legal ownership, creditworthiness, identity, etc.) of any Merchants on the Platform. It is recommended that you verify the authenticity of any Merchant you choose to engage with and use your best judgement. The offers and promotions provided by Merchants and third-party entities are subject to their respective terms and conditions, and the Company is not responsible for such promotions.
  2. All contractual and commercial terms are solely between Buyers and Merchants for the products and services offered by the Merchants, including but not limited to price, taxes, shipping costs, payment terms, delivery date, warranties, and after-sales services. The Company does not have control over, advise, or determine the acceptance of such terms between Buyers and Merchants. The Company may, however, provide support services to Merchants regarding order fulfilment, logistics, and payment collection. The price of the products and services is solely determined by the Merchant, and the Company does not play a role in this determination.
  3. The Company is not liable for any breach or non-performance of any contract made between Buyers and Merchants. Merchants are responsible for any loss suffered by the Company as a result of their use of the Platform and interactions with Buyers. The Company cannot guarantee that transactions made between Buyers and Merchants on the Platform will be executed. The Company is not responsible for unsatisfactory or non-performance of services, damages, or delays caused by out-of-stock, unavailable, or back-ordered products.
  4. The Company operates an online marketplace and acts as a facilitator between Buyers and Merchants. The Company does not at any point take possession of any products or services offered by the Merchant during a transaction between Buyer and Merchant on the Platform. The Company does not hold any rights, titles, or obligations in respect of such transactions.
  5. The Company does not guarantee the quality, value, or sale-ability of any products or services proposed to be sold on the Platform, nor does it endorse the sale or purchase of any products or services on the Platform. The Company is not liable for any errors or omissions, whether on behalf of the Company or third parties, including Merchants.
  6. The Company only provides a platform for communication, and the contract for the sale of any product or service is strictly between the Merchant and the Buyer. In the case of any complaints raised by the Buyer regarding efficacy, quality, or any other issues, the Company's sole responsibility is to notify the Merchant and redirect the Buyer to the Merchant's consumer call centre. The Merchant is solely responsible for addressing Buyer complaints. If you raise a complaint about any Merchant accessed through the Platform, the Company will provide relevant information to you, such as details of the Merchant and the specific Order to enable satisfactory resolution of the complaint.


 

Eligibility

 

  1. The Company is not responsible for any false information provided by a User, including age. The User, or their natural or appointed guardian, is solely responsible for any consequences under applicable laws in their country.
  2. To use the Platform, you must be 18 years old or older and capable of entering into legally binding contracts under the Pakistan Contract Act. Only individuals meeting these requirements may access or use the Platform.
  3. The Company is not responsible for any unauthorized use of the Platform or any third-party liability that may arise from a minor using the Platform.


 

Terms & Conditions for Merchant

 

  1. As a registered user of the platform, merchants can provide details about their products/services for sale to buyers. However, merchants are not allowed to sell any products/services that are prohibited.
  2. By listing their products on the platform, merchants confirm that they are authorized to sell them. The product listings should only include accurate text descriptions, graphics, and pictures. All products must be listed in the appropriate category and should not be solicited outside of the platform. Merchants must keep all listed products in stock to fulfill orders.
  3. Merchants agree that any descriptions, images, or other content related to their products/services are complete, accurate, and correspond directly to the appearance, quality, purpose, and other features of the products/services.
  4. The listing description of the products must be truthful and not misleading. If the description does not match the actual product, merchants are required to refund any received amounts from the buyer.
  5. Merchants must not misuse the platform or engage in activities that violate the user agreement. The company may suspend or permanently ban merchants who breach the user agreement.
  6. The Dialboxx Delivery Terms and Conditions require sellers/merchants to make truthful and accurate declarations about the products they offer. Sellers are liable for additional charges if the declared description, weight, or price is incorrect. The products must be genuine and match the website's description. Sellers must ensure that the products offered comply with applicable laws and are not classified as "prohibited goods." Any disputes related to lost orders, RTO, undelivered orders, or wrong status updates must be raised within 45 days from the shipment creation date.

 

Banned Items for Merchants

 

Dialboxx has provided a non-exhaustive list of banned products that cannot be listed on their platform. Each country has its own set of regulations regarding shipping goods. If a product or store violates any country-specific rules or forbidden items, Dialboxx's team has the authority to remove the item or store from the platform. The list of prohibited items includes, but is not limited to:

 

  1. Pornographic materials, including child pornography in any form (images, videos, MMS, print, etc.), and adult products.
  2. Animals, live or dead, and their parts and products.
  3. Any articles, materials, or services that are restricted or prohibited by law and cannot be exhibited, advertised, made available, or offered for sale on e-commerce platforms/technology unless all the applicable laws' conditions are met.
  4. Any articles, materials, or services that are prohibited by law at any time.
  5. Any item that could assist in the performance of illegal or unlawful activities.
  6. Counterfeit goods and materials that infringe on intellectual property rights.
  7. Currency, negotiable instruments, etc.
  8. Endangered species of animals and plants, live or dead.
  9. Firearms, parts thereof and ammunition, weapons, knives, sharp-edged and other deadly weapons, and parts and machinery for manufacturing arms, excluding articles designed solely for domestic or agricultural use and weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons.
  10. Financial services.
  11. Gray market products.
  12. Hazardous materials, including but not limited to acid, fireworks, explosives, flammable adhesives, poison, hazardous chemicals, oil-based paint and thinners (flammable liquids), industrial solvents, insecticides & pesticides, machinery (containing fuel), fuel for camp stoves/lanterns/heating elements, infectious substances, etc.
  13. Human remains or skeletons.
  14. Invoices, including blank, pre-filled, or value-added invoices or receipts.
  15. Liquefied Petroleum Gas cylinder.
  16. Maps and literature that show Pakistani external boundaries incorrectly.
  17. Narcotic drugs and psychotropic substances.
  18. Government-related items/equipment (such as wireless with frequencies used by police, uniforms of government officials, including but not limited to police/army, etc.).
  19. Prescription medicines and drugs.
  20. Racially/ethnically/religiously offensive materials.
  21. Radioactive materials.
  22. Reptile skins.
  23. Sex determination kits.
  24. Stocks and securities.
  25. Stolen properties.
  26. Unauthorized copies of intellectual property.
  27. Veterinary drugs for animals.
  28. Wildlife and animal products.
  29. Any other sanctioned or prohibited items according to the law.
  30. Passports and other government-issued personal documents.
  31. Any other items deemed unfit for listing on Dialboxx.com.


 

User Commitment & Obligations

 

You agree to abide by the following mandatory principles when using the Platform:

 

  1. You shall not perform any of the following actions regarding information:

 

1.1. Host, display, upload, download, modify, publish, transmit, update or share information that belongs to someone else without their consent;

1.2. Provide information that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner;

1.3. Share misleading or misrepresentative information;

1.4. Share information that is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm against any group or individual;

1.5. Harass or advocate harassment of another person;

1.6. Send "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

1.7. Promote illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libellous;

1.8. Infringe upon or violate any third party's rights, including but not limited to, intellectual property rights, rights of privacy, or rights of publicity or any other proprietary rights;

1.9. Promote an illegal or unauthorized copy of another person's copyrighted work;

1.10. Provide material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;

1.11. Provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

1.12. Share video, photographs, or images of another person (with a minor or an adult);

1.13. Attempt to gain unauthorized access or exceeds the scope of authorized access to the Platform;

1.14. Engage in commercial activities and/or sales without prior written consent;

1.15. Solicit gambling or engage in any gambling activity which is or could be construed as being illegal;

1.16. Interfere with another user's use and enjoyment of the Platform or any third party's user and enjoyment of similar services;

1.17. Refer to any website or URL that contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited, or violates these Terms;

1.18. Harm minors in any way;

1.19. Infringe any patent, trademark, copyright or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or engage in fraudulent activities or involve the sale of counterfeit or stolen products;

1.20. Violate any Law for the time being in force;

1.21. Deceive or mislead the addressee/users about the origin of such messages or communicate any information which is grossly offensive or menacing in nature;

1.22. Impersonate another person;

1.23. Share software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of

 

 

In case of any action, transaction or attempted transaction which is violative of these Terms or applicable Laws comes to Your knowledge, You shall take all steps to inform the Company of such violation at legal@dialboxx.com

 

The following are the key points of the terms and conditions for using the platform:
 

  1. Do not use any automatic devices to access, copy or monitor any content of the platform.
  2. Do not attempt to gain unauthorized access to any feature of the platform or any other system or network connected to the platform.
  3. Do not try to breach the security or authentication measures of the platform or any connected network. Do not seek to trace any information about other users, including personal identification or information.
  4. Do not use the platform for any unlawful or prohibited purpose or solicit illegal activities that infringe the rights of the Company or others.
  5. Comply with applicable laws, including the Information Technology Act, 2000 and international laws, foreign exchange laws, and regulations, regarding the use of the platform, purchase and sale of products, and services.
  6. Grant the Company the right to use your information in any media with respect to your information.
  7. Provide accurate and complete information regarding the products or services to be sold.
  8. Do not engage in advertising to or solicitation of other users to buy or sell any products or services or transmit any unsolicited commercial or junk email.
  9. The Company reserves the right to monitor and remove any content that violates applicable laws or the terms and conditions of the platform. The user remains responsible for the content of the materials posted on the platform. The Company does not assume any responsibility or liability for any content posted.

 

Action Upon Violation

 

  1. Should You breach the User Agreement, the Company reserves the right to revoke the User's access or usage rights to the Platform without prior notice. Furthermore, any violative content posted or submitted on the Platform may be promptly and thoroughly removed, and/or reported to the appropriate investigating authorities in accordance with applicable laws.
  2. In the event that the Company terminates Your access to the Platform, the Company retains the discretion to delete and eradicate any data or files stored on its servers. You acknowledge and agree that the Company or the Platform shall not be held accountable for the removal or deletion of such information.

 

No Endorsement

 

We do not support or approve of any Merchant or their products/services. Although You are required to provide accurate Information under these Terms, we do not verify the claimed identity of any user. We are not accountable for any damage or injury that may result from Your interactions with Merchants. By utilizing the Services, You acknowledge and agree that if You wish to seek legal remedy or hold anyone liable for the actions or inactions of Merchants or other third parties, You will need to pursue a claim against that particular Merchant or third party. You further agree not to hold us responsible or seek legal action against us for any such actions or omissions.

 

 

Disclaimers

 

  1. Due to the uncertainties that can occur during electronic information distribution and limitations in providing information from various sources, there may be inaccuracies, delays, or omissions in the Platform's content. Therefore, we cannot guarantee the correctness of the posted information in every case or the Platform's functionality.
  2. We explicitly deny any responsibility for any losses resulting from unauthorized use of credit/debit cards.
  3. The Company disclaims all liability arising from any violation of applicable laws, including those governing the products and services offered by the Merchant.
  4. The Platform may undergo constant upgrades, which may cause some functions and features to be incomplete.
  5. While the materials on the Platform provide accurate information, we do not guarantee or endorse any services mentioned, nor do we take responsibility for any decisions made or actions taken based on the information provided.
  6. The information on the Platform is provided "as is," and we and our employees make no warranties regarding its timeliness, accuracy, completeness, or effectiveness. Users must decide whether to use the information in conjunction with other sources and absolve us and our partners from any professional liability.
  7. We will not be liable for any damages resulting from services provided by third-party merchants accessed through the Platform, including direct, indirect, incidental, consequential, exemplary damages, or damages resulting from lost profits, data, or business interruption.
  8. We will not be liable for any losses or injuries resulting from the information provided on the Platform. Neither we nor our Personnel will be responsible for any decisions made or actions taken based on the Platform's content.
  9. We reserve the right to modify, suspend, or terminate access to the Platform, or any portion of it, at any time, without notice. We may also change the Platform's terms, policies, or content, or interrupt its operation to perform maintenance, error correction, or other changes.

 

 

Intellectual Property

 

  1. The Platform's intellectual property rights, including but not limited to user interface, layout format, order placing process flow, ideas, design, structure, expression, and any content, are either owned by us or are licensed to us. We have the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use this intellectual property, except for any content posted by the Merchants.
  2. You acknowledge that we own the word mark 'Dialboxx' and the logo, including its variants (collectively referred to as IPR). You are prohibited from attacking the validity of our proprietary rights in the licensed marks, or filing any applications for the registration of the licensed marks, or any similar names or logos. If you become aware of any infringement of our IPR, you must report it to legal@dialboxx.com.
  3. You are permitted to print and download extracts of any page(s) from the Platform for personal reference, and to draw the attention of others within your organization to the material available on the Platform.
  4. You must not modify any materials you have printed or downloaded, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from accompanying text.
  5. You are not permitted to use any part of the Platform's materials for commercial purposes without obtaining a license from us or our licensors.
  6. If you breach these terms by printing, copying or downloading any part of the Platform's materials, your right to use the Platform will cease immediately. You must, at our option, either return or destroy any copies of the materials you have made.
  7. You may download information from the Platform at your sole risk and for personal purposes only, provided that you do not alter or modify the information, make any further statements or warranties regarding the information, remove any statements indicating our ownership or legal rights, or distribute the information in any form or by any means.


 

Payment System

 

  1. Third-party service providers or payment gateways are used to process payments made by Buyers for products offered by Merchants.
  2. The relevant third-party service provider will transfer the amount paid by the Buyer for an Order to the Merchant's account within 7 working days of the Buyer receiving the goods/services from the Order, after deducting the Transaction Fees.
  3. The Merchant is obligated to pay the Company a Transaction Fee that is between 2%-2.5% of the transaction value for all transactions with the Buyer. The Transaction Fee may be subject to change, and any such changes will be posted on the Platform periodically.
  4. The Company, at its discretion, facilitates the provision of the Pay Facility by a third-party service provider on the Platform. This facility enables automated collection and remittance services through various banks, financial institutions, credit/debit/cash card brands, third-party service providers, payment card industry issuers, and other authorized infrastructure and facilities. The Pay Facility must be used in accordance with the Platform's terms.
  5. The Pay Facility may support payments through credit/debit cards from available banks or cash, and/or mobile wallet payment options. However, the payment mechanisms may be added, removed, or suspended by banks or payment gateway facilitators, and any such changes will be posted on the third-party service provider's website.
  6. The Pay Facility is provided to make payments easier for Buyers. If the Buyer uses the wrong bank account details, the Company is not responsible for any loss of money. If a technical failure occurs during a transaction, the Company will not be liable for transaction failures or payment issues. The Buyer assumes sole responsibility for all risks associated with transferring money or payments to the Merchants, whether through a third-party payment gateway or otherwise. All disputes regarding delayed or failed payments must be resolved directly by the Buyer and the third-party payment gateway.
  7. By providing the Pay Facility or any other payment method, the Company is neither acting as a trustee nor in a fiduciary capacity with respect to payment transactions.
  8. We will not assume any liability or responsibility for any loss or damage arising directly or indirectly from the lack of authorization for a transaction, exceeding preset limits, payment issues, or decline of transaction for any other reason while using any payment method available on the Platform.
  9. All payment transactions are subject to approval by the applicable issuing bank. If a bank refuses to authorize payment, the Merchant has the right to cancel the Order without further liability. The Company/Merchant will not be held accountable for any delivery delays caused by delayed payment authorization by the Buyer's bank/financial institution.
  10. You agree not to use credit card/debit card/net-banking details or any other payment instrument that is not lawfully owned by You.
  11. All payments made on the Platform for purchases/services must be made in Pakistani Rupees accepted in the Republic of Pakistan. The Platform does not facilitate transactions in any other currency.
  12. The Merchants have authorized the Company or its service providers to electronically collect, process, facilitate, and remit payments to and from other Buyers in respect of transactions through the Pay Facility.
  13. By accepting these Terms, You agree that the Company is an independent contractor for all purposes, and You have a principal-to-principal relationship with the Company. The Company does not control or have liability for the products or services listed on the Platform that are paid for using the Pay Facility. The Company does not guarantee the identity of any Buyer or ensure that a Buyer or Merchant will complete a transaction.

 

    1. For all the transactions between the Merchant and the Buyer, the Merchant agrees to pay an amount equal to 2% of the transaction value (“Transaction Fees”) to the Company. The Merchant agrees that the Transaction Fees is subject to change and such change shall be published on the Platform from time to time.
    2. We use third party service providers or payment gateway(s) for processing the payments made in relation to the purchase of products offered by the Merchants to Buyers.
    3. The relevant third party service provider shall transfer the amount paid by the Buyer against an Order (after deducting the Transaction Fees) in the Merchant’s account, within 2 working days from the Buyer being in receipt of the good/service pursuant to such an Order delivered.
    4. In order to enable Buyers to use paid services on the Platform, the Company facilitates the provision of Pay Facility by a third-party service provider on the Platform, at its sole discretion. The Pay Facility shall enable automated collection and remittance services using the facilities of various Pakistann banks, financial institutions, credit/ debit/ cash card brands, various third-party service providers and/or payment card industry issuers and through such other infrastructure and facilities as may be authorized by the State Bank of Pakistan for collection, refund and remittance, as the case may be. The Pay Facility shall be availed in accordance with these Terms.
    5. The Pay Facility may support payments through credit/debit cards from the banks that are available while selecting the Pay Facility as the payment method or by cash. The Pay Facility may support payments through UPI and mobile wallet payment options. However, payment mechanisms may be added or removed or suspended through any one or more banks directly or through any payment gateway facilitators and such change shall come into effect upon the same being published on such third party service provider’s website.
    6. The Pay Facility shall be made available to the Buyers to make payment easier. In case wrong bank account details are used by the Buyer, the Company shall not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, You could contact us atsupport@dialboxx.com however, the Company shall not be liable for transaction failure or payment issues. You assume sole responsibility for all risks associated with transfer of money or payments to the Merchants, whether or not such transfer or payments are done through the use of a third-party payment gateway. All disputes regarding delayed payments or failed payments must be resolved by You, and the third-party payment gateway directly.
    7. You agree and accept that the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the payment transaction by reason of providing the Pay Facility or any other method of payment to its Buyers.
    8. While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
      1. Lack of authorization for any transaction;
      2. Exceeding the preset limit mutually agreed by You and between "Banks";
      3. Any payment issues arising out of the transaction; or
      4. Decline of transaction for any other reason.
    9. All payment transactions are subject to approval by Your issuing bank as applicable. If Your bank refuses to authorize payment, the Merchant shall have the right to cancel the Order without any further liability. Further, You agree that we/Merchants will not be held accountable for any delays caused to the delivery in cases where the payment authorization is delayed by Your bank/ financial institution.
    10. You acknowledge and agree that You shall not use the details of credit card/debit card/net-banking or any other payment instrument which is not lawfully owned by You.
    11. All payments made against the purchases/Services on the Platform by You shall be compulsorily in Pakistann Rupees acceptable in the Republic of Pakistan. The Platform shall not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Platform.
    12. The Merchants have specifically authorized the Company or its service providers to collect, process, facilitate and remit payments electronically or through ‘cash on delivery’ to and from other Buyers in respect of transactions through Pay Facility.
    13. Your relationship with the Company is on a principal to principal basis and by accepting these Terms, You agree that the Company is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Platform that are paid for by using the Pay Facility. The Company does not guarantee the identity of any Buyer nor does it ensure that a Buyer or a Merchant will complete a transaction.
  1. You acknowledge and agree that the Pay Facility provided by the Company is not a banking or financial service. Instead, it acts as a facilitator for electronic payments, cash on delivery, collection, and remittance for transactions made on the Platform. The Pay Facility operates using authorized banking infrastructure and credit card payment gateway networks. The Company does not act as a trustee or fiduciary in relation to the transaction or the transaction price.
  2. Buyers accept and recognize that the Company acts as the payment agent for the Merchant, solely for the purpose of receiving payments from Buyers on behalf of the Merchant. When you pay the Company for amounts owed to the Merchant, your payment obligation to the Merchant for those amounts is fulfilled, and the Company becomes responsible for remitting those amounts to the Merchant. It is strictly prohibited to make any payment directly to the Merchant for Order bookings made through the Platform.

 

Payment Facility for Buyers:
 

  1. As a Buyer, you acknowledge that by initiating a transaction, you are entering into a legally binding contract with the Merchant to purchase products or services through the Pay Facility, and you will pay the transaction price through your issuing bank to the Merchant using the Pay Facility.
  2. You are entitled to claim a refund of the transaction price from the Merchant within the agreed time period if you do not receive the delivery of the goods or services sold by the Merchant by contacting them directly. If you do not make a refund claim within the stipulated time, you will be ineligible for a refund.
  3. You understand that refunds may not be available for certain categories of products or services, and you may not be entitled to a refund for those transactions.
  4. Refunds (excluding cash on delivery transactions) will be made to the same issuing bank from which the transaction price was received or through any other method available on the third-party payment gateway's website, as chosen by you.
  5. For cash on delivery transactions, refunds will be made via electronic payment transfers in accordance with the policies adopted by the third-party payment gateway.
  6. Refunds will only be made in Pakistani Rupees, equivalent to the transaction price received in Pakistani Rupees.
  7. Refunds for electronic payments will be made through any online banking/electronic funds transfer system approved by the State Bank of Pakistan (SBP).
  8. Refunds may only be supported by select banks. If a bank is not supported for processing refunds, you will need to share alternate bank account details for processing the refund.
  9. Refunds will be conditional and subject to recourse available to the Company in case of any misuse by the Buyer.
  10. Additional documents may be requested from you for verification purposes.
  11. The Company reserves the right to impose limits on the number of transactions or transaction price from an individual valid Credit/Debit/Cash Card/Valid Bank Account and other financial instruments during any time period and refuse to process transactions exceeding such limits.
  12. The Company may refuse to process transactions by Buyers with a prior history of questionable charges, including but not limited to breaches of the User Agreement or any laws or charges imposed by the issuing bank.
  13. The Buyer and Merchant agree that the Company will not be liable for any damages, interests, or claims resulting from not processing or delaying a transaction/transaction price that is beyond the Company's control.
     

Compliance with Laws:
 

  1. Buyers and Merchants must comply with all applicable laws (including but not limited to the Foreign Exchange Management Act, 1999 and its rules, the Customs Act, the Information and Technology Act, 2000, as amended, the Prevention of Money Laundering Act, 2002 and its rules, the Foreign Contribution Regulation Act, 1976 and its rules, the Income Tax Act, 1961 and its rules, and the Export Import Policy of the government of Pakistan) when using the payment facility.
  2. All valid payment instruments (credit/debit/cash card) processed using a payment gateway or appropriate payment system infrastructure are governed by the terms and conditions agreed to between the Buyer and the respective issuing bank and payment instrument issuing company.
  3. Online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank, which supports the Pay Facility to provide these services to Users. All such online bank transfers on Pay Facility are also governed by the terms and conditions agreed to between the Buyer and the respective issuing bank.

 

 

 


 

Links of 3rd Parties

 

We provide links to advertisement banners and information about services and resources offered by third parties on the Platform. However, we do not make any express or implied warranties or guarantees regarding the content, services, and information provided on such linked websites. If you have any concerns regarding any of the services or resources provided on the linked websites, or any links thereto, please contact the respective service or resource provider. We offer these links for the convenience of our Platform visitors, and it is up to you to decide whether to visit any of the linked websites. Please note that we do not accept any responsibility for the consequences of any such interactions.


 

Liability Limitations

 

  1. The Company, its Personnel, and its suppliers, service providers, and internal service providers are not responsible 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 arising in any manner whatsoever in connection with the Platform, Pay Facility, or any other services provided by the Company or its internal service providers.
  2. The Company's liability is limited to the amount of charges or fees paid by the user. The Company, its Personnel, and internal service providers, as well as technology partners, do not guarantee the accuracy, reliability, completeness, and/or timeliness of any information or communication provided through the use of the Platform or Pay Facility. The Company is not responsible for any monetary or other damages resulting from delays, failures, interruptions, or corruption of data transmitted in connection with the use of the Platform or Pay Facility, or any errors in their operation.


 

Indemnification in the case of non-compliance or violation

 

You are responsible for indemnifying and protecting the Company, its parent, subsidiaries, Personnel, Affiliates, internal service providers, and their officers, shareholders, directors, agents, and employees from any and all damages, expenses, judgments, costs, penalties, claims, or proceedings (including attorney's fees and disbursements) resulting from a third party claim or penalty imposed on the Company due to your breach of the User Agreement or provision of false, inaccurate, or incomplete information.

 

 

Consent and Privacy Policy

 

  1. When using the Platform or providing information on it, you agree to the Company's collection and use of that information on the Platform and the Pay Facility (if applicable). The personal information and data you provide as a registered user will be retained in accordance with the Privacy Policy posted on the Platform and applicable laws, including the Information Technology Act, 2000 and its rules. If you don't agree to the transfer or use of your information in this manner, please do not use the Platform.
  2. The Company regards the protection of your privacy as a critical community principle. The Company recognizes that you and your personal information are among its most valuable assets. The Company secures and processes your information in compliance with applicable laws, using physical and reasonable technological security measures and procedures.

 


 

Breach and Termination

 

  1. The Company's actions, omissions, or decisions do not waive any rights or claims the Company may have against the User, and a suspended or blocked User may not register or use the Platform until reinstated by the Company. If a User breaches the User Agreement, Terms, Policies, or other agreements with the Company, the Company reserves the right to take strict legal action against the User.
  2. The Company may take various actions at its sole discretion to address any breaches of the User Agreement, including but not limited to cancelling membership and deleting accounts, limiting activity on the Platform, removing information, warning other Users of actions, suspending, terminating, blocking user accounts, and initiating legal action. The Company may take these actions if it believes there has been a breach of the User Agreement or other documents, misuse of the account or Pay Facility, inability to authenticate provided information, or actions that may cause legal liability. These actions do not waive any rights or claims the Company may have against the User.
  3. The Company may terminate a User's access to all or part of the Platform at its sole discretion without prior notice or intimation, for reasons such as law enforcement requests, technical issues, unforeseeable events, or user requests.
  4. All obligations and liabilities incurred prior to the termination of the User Agreement will survive the termination for all purposes.


 

Complaints

 

  1. If you have any complaints, objections, or grievances regarding the Platform, other Users, or the Company, including suspension, termination, or blocking of your membership or right to use the Platform, you must promptly raise your concerns with the designated Grievance Officer at support@dialboxx.com. You should provide the Grievance Officer with all necessary information and documents to enable them to attempt to resolve the issue.
  2. The Grievance Officer will attempt to acknowledge your complaint within 48 hours of receiving it and may request additional information to investigate and resolve the issue. They will aim to resolve the grievance/complaint within 1 month of receiving it. If you fail to provide the information requested by the Grievance Officer, they will be unable to proceed with your complaint, and it may remain unresolved. By agreeing to the Terms, you authorize the Grievance Officer to contact you based on the information you provided for the purposes of addressing your grievance/complaint.

 

Severability

 

If any provision of the User Agreement is found to be invalid, unlawful, void, or unenforceable for any reason, including as a result of any applicable law, such provision shall be ineffective to the extent of such invalidity or unenforceability without affecting the remaining provisions of the User Agreement. The User Agreement shall continue to be valid and enforceable in all other respects, and any provision deemed invalid or unenforceable shall be replaced by a provision that is valid and enforceable and which reflects the original intent of the provision to the fullest extent allowed by law.

 

 

Confidentiality

 

  1. Any confidential information exchanged between You and the Company, including all communications and business transactions with any entity or person, whether or not marked as confidential, must be kept confidential by You unless the Company provides written permission to the contrary.
  2. Additionally, the Company reserves the right to disclose confidential information on a confidential basis to any current or prospective investors, strategic or financial partners, or service providers, excluding other Users of the Platform.
  3. This obligation of confidentiality will continue even after the termination of the User Agreement and the User account.

  1. Governing Law and Jurisdiction

 

The User Agreement, along with any referenced documents, will be interpreted and enforced in accordance with the laws of Pakistan. If a disagreement arises between You and the Company while using the Platform, the Pay Facility, or any related services, or in connection with the validity, interpretation, implementation, or alleged breach of any provision in the Terms or any other agreement between You and the Company, the disagreement should be referred to the senior management of the Company for conciliation. If the dispute remains unresolved, it will be subject to the exclusive jurisdiction of the courts located in Islamabad, Pakistan, and You agree to submit to the jurisdiction of these courts.