Terms And Conditions

Welcome to www.omarkaz.com (site).

These Terms of Use and all policies and additional terms ( if applicable) posted on the platform set out the terms on which we offer you access to and use of our platform and services. You can find all of our policies and additional terms here. www.omarkaz.com

The terms apply regardless of how you access the platform and regardless of the technologies or devices by which the platform is made available to you.

By accessing, registering and/or continuing to use or access our services, you are agreeing to be bound by these Terms of Use with immediate effect. These Terms of use and policies are subject to change by us at any time. Your continued use of the site/service following any such change constitutes your agreement to these Terms of Use, polices as so modified.

Reference in these Terms of Use to “you “(or similar) are reference to you as individual or legal entity as the case may be.

We are not affiliated with any company that provides the gifts or prizes offered in our promotions. The gifts & prizes are provided by us, and we are not compensated by any third-party company for offering them.

1. PRIVACY POLICY

1.1. The personal information you provide in the course of using the platform will be used in accordance with our Privacy Policy, the terms of which are hereby incorporated into and form part of the Terms.

2. ELIGIBILITY AND REGISTRATION

2.1. You are above the legal age for purchasing products in your country of residence.

You are able to provide an address in your country of residence for delivery of products.

By using the platform, you represent and warrant that you are of the correct legal age to enter into this user agreement in the jurisdiction you are in, and that all information you submit is accurate and truthful when registering any information with the platform or providing any information to us.

2.2. In order to register the platform and access the services you will be required to create an account and register information with us in order to create the membership. You agree that any information provided to us will be complete and accurate, that you will not register under the name of, nor attempt to enter the membership under the name of another person, and that you will not adopt a username that we in our sole discretion, deem offensive. We reserve the right to refuse a membership, or limit, suspend or withdraw access to the platform to any person at any time and for any reason.

3. YOUR OBLIGATIONS

3.1. When using or accessing the services, you agree that you are responsible for maintaining the confidentiality of, and restricting access to and use of your account and password, and accept responsibility for all activities that occur under your account and password.

3.2. Agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Will not disclose to any third party (except as required or requested by us) a user’s information provided to you. Will cooperate with our requests for additional information with respect to your eligibility and usage of our services.

3.3. You may not, at any point in time, use any other person’s membership. You agree to reimburse O Markaz in full for any costs, expenses and damages caused by improper, unauthorized or illegal use of your membership and password by you or any person obtaining access to the platform.

3.4. You may not transfer or sell your membership or account details to any other party and you undertake that you are solely responsible for all activity conducted on the platform through the use of your membership.

4. ELECTRONIC COMMUNICATION

4.1. To fulfil our obligations to you under these terms, we may wish to communicate with you by email, by other forms of electronic messaging and/or by posting notices on the platform. You agree to receive communication from us electronically and these electronic communication will satisfy any legal requirement for communication which need to be in writing.

5. USE OF PLATFORM

5.1. You may not access or use the platform or the services for any purpose other than the purpose for which we make the platform or the services, as applicable, available to you and you may not use either the platform or the services in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the platform.

5.2. Without limiting the generality of clause 5.1, when accessing the platform, or using our services you should not Post or transmit false, inaccurate, misleading, defamatory, or libelous content (including but not limited to during the registration process).

5.3. Violate any third party rights, including intellectual property rights.

5.4. Use any information obtained from the services in order to contact, advertise to, solicit or sell any products or services to any user without their prior explicit consent.

5.5. Use any information obtained from the services and platform in order to harass, abuse or harm another user or person.

5.6. You may not copy, modify, distribute, sell, or lease any part of the platform. Unless law prohibits such restriction or you have our written permission, you may not reverse engineer or attempt to extract the source code of the platform. You only access the platform through the interfaces that we provide for that purpose, and you may not interfere or attempt to disrupt the platform.

5.7. You may not attempt to gain unauthorized access to any portion or feature of the platform, or any other system or networks connected to the platform, or to any of the services offered on or through the platform, by hacking, password mining or any other illegitimate means.

5.8. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the platform or our systems or networks, or any systems or networks connected to the platform.

6. INTELLECTUAL PROPERTY RIGHTS

6.1. All content included on the platform, included but not limited to text, graphics, logos, images, audio clips, digital downloads and software is our property or the property of our licensors. We (or our licensors as the case may be ) retain all right, title and interest in and to the platform and the services, including, without limitation, all Intellectual Property Rights therein and All rights, title and interest in and to any information, materials or other content that you provide in connection with your use of the services, including all Intellectual Property Rights therein, will become our property.

6.2. You agree that you have no right to use any of our trademarks without our prior written consent.

6.3. All rights not expressly granted to you in these Terms of Use are reserved and retained by us or our licensors.

7. PAYMENT AND REFUND

7.1. If you make a payment for one of our services available on our platform, the details you are asked to submit will be provided directly to our payment provider via a secured connection. Please ensure you have read the applicable terms and conditions provided by your bank prior to the transaction.

7.2. Multiple transaction by you on our platform may result in multiple posting to your monthly credit or debit card statement.

7.3. The products prices displayed on our platform are inclusive of TAX. You may be charged in different currency depending on where you are using the platform from and what type of Credit/Debit Card or payment option you are using. In such case there may be slight discrepancies in values due to changes in foreign exchange rates. We are not responsible and shall not compensate you for any loss that occurs due to these rate fluctuations. O Markaz gives no warranties or representations whatsoever in relation to the exchange rates it provides for any transaction and is under no obligation to provide the best or most competitive exchange available.

7.4. For any defective/faulty products sold by O Markaz, we will offer you a remedy in compliance with applicable laws. You acknowledge and agree that any refunds requested by you may affect your participation in Draws and chance to win Prizes (more details in Draw Terms). This is because your entry into the Draws are directly correlated to your purchase of the products and services available on the platform.

7.5. We offer a full refund on all Eligible items ( Sale or Promotional items can’t be refund ) within 30 days of purchase. To be eligible for a refund, item must be returned in their original packaging and in unused condition. To request a refund, please contact our customer service team at ( support@omarkaz.com ) with you order details and problem in product. We will provide you with a return shipping label  and instruction on how to return your item. Once we receive your return item, we will process your refund within 5-7 business days. The refund will be issued to your original form of payment.

8. DISCLAIMER FOR THIRD-PARTY APPLICATION

8.1. The use of any third-party application is subject to any terms and conditions provided with such third-party application and is not governed by us. O Markaz is not responsible for any third-party applications, and you acknowledge that such application may be modified or removed by their original publisher and/or respective rights owner at any time. You assume all responsibility and risk of use of any third-party application (including any content therein). We (O Markaz) are not responsible or liable, directly or indirectly, for any damages or loss caused to you by your use of or reliance on any goods or services available through the third-party applications, products, services, software and any online platform. 

9. DISCLAIMER OF WARRANTY

9.1. To offer a reliable and enjoyable service we need to fix bugs, install updates and perform general diagnosis and maintenance. We cannot warrant that the platform and services will always be uninterrupted, problem free, free of omission, or error free. To the extent allowed by law, the materials and function of the platform, and services are provided on an “as is” basis without warranties of any kind, whether expressed or implied.

10.LIABILTY & INDEMNITIES

To the maximum extent permissible by applicable law, We, our group entities, subsidiaries and affiliates (Companies), and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees.

10.1. Shall not be responsible for any infringement or transaction dispute, including, but not limited to, transaction disputes about quality, safety, breach of warranty, and the payment by you.

10.2. Are not liable for any direct, indirect, punitive, incidental, special or consequential damages or loss ( including, without limitation, incidental and consequential damages, loss of revenue or anticipated profits, loss of goodwill, loss of business or damages resulting from lost data or business interruption) arising out of, or in a way connected with the use or inability to use the platform and the services, whether based on warranty, contract, tort ( including negligence), or any other legal theory, and whether or not we advised of the possibility of such damages.

10.3. Exclude any and all liability for damages caused by any problems or technical malfunction of any network or lines, computer online systems, serves or providers, computer equipment, software, failure of any communication due to technical problems or traffic congestion on the internet or on the platform or combination thereof, including any injury or damages to any users or to any person’s computer related to or resulting from use of the platform and;

10.4. Expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and noninfringement.

10.5. In conjunction with the limitation of warranties as explained herein, you expressly understand and agree that our maximum liability for any claim against us shall be limited to an amount of USD 100, for use of our platform and/or services.

10.6. You agree to defend, indemnify and hold harmless O Markaz and its Companies, and its and their officers, directors, shareholders, successors, assigns, agents, service providers, suppliers and employees, from and against any all claims, damages, obligations, losses ( whether direct, indirect or consequential), liabilities, costs or debt, and expenses ( including but not limited to legal fees) arising from (a) your breach of any provision of this User agreement, (b) Your breach of any third-party right, including without limitation any copyright, trademark, trade secret or other intellectual property or privacy right, (c) Your use of the platform or the services, or (d) Any claim that the platform, services or any materials caused damages to you or a third-party. This defence and indemnification obligation will survive termination, modification, or expiration of this User Agreement and your use of the services and the platform.

11.LIMITATION AND TERMINATION OF SERVICES

11.1. O Markaz may establish limits form time to time concerning use of the services, including among others, the maximum number to days that content will be maintained or retained by the services, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the services, and the frequency with you may access the services or the platform.

11.2. O Markaz reserves the right at any time to modify or discontinue the service on the platform ( or any part thereof) with or without notice, and that O Markaz shall not be liable to you or to any third-party for any such modification, suspension or discontinuance of the service.

11.3. In the event of termination, you will no longer be authorized to access the platform or your membership, and we reserve the right to use any means possible to enforce this termination. You undertake to immediately notify O Markaz of any unauthorized use of your membership or any other security breach.

11.4. Termination or limitation of your access or use will not waive or effect any other right or relief to which we may be entitled at law.

12.FORCE MAJEURE

12.1. Under no circumstances will we be held liable for any delay or failure or disruption of the services delivered through the platform or any disruption to the platform itself resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strike, labor disputes, riots, insurrections, civil disturbance, shortage of labor or materials, epidemics, pandemics, fires, floods, storms, explosions, acts of GOD, war, governmental action, order of domestic or foreign courts or tribunals or non-performance by third parties.

13.GENERAL INFORMATION

13.1. Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable and can be deleted without altering the essence of these Terms, the invalid, illegal or unenforceable provision will be severed and the remaining provisions will remain in full force or effect.

13.2. No Waiver: Any failure by us to enforce any terms set out in these Terms or other policies with you is not a waiver of our rights to enforce those terms.

13.3. Assignment and third-party rights: You may not assign or sub-contract any of your rights or obligations under these terms to any third-party unless we agree in writing. We may assign, transfer or sub-contract any of our rights or obligations under these terms to any third-party at our discretion and without the need for your consent or the requirement to provide you with notice.

13.4. Governing law & Dispute resolution: The Terms shall be governed by and construed under the laws of Securities and Exchange Commission of Pakistan (SECP).

13.5. Amendment: These Terms cannot be modified, varied, amended or supplemented in any way by you. We reserve the right to modify, vary, amend or supplement these terms at any time and from time to time. We will post the current versions of these terms on the platform and each such change will be effective upon posting on the platform or upon the date designated by us as the “effective date” (if any). Your continued use of the services following any such change constitutes your agreement to be bound by and its acceptance of these terms as so modified.

14. CONTACT

14.1. You may contact us at support@omarkaz.com or by social media.

15. O MARKAZ DRAW TERMS ( “DRAW TERMS” )

15.1. In addition to your agreement with the Terms, the following provisions apply with respect to your participating in our contest Draws and wining the prizes. We may amend these Draw Terms at any point in time without notice and the amendments will take effect once they have been displaced on the platform. You acknowledge and agree that it is your responsibility to review these Draw Terms periodically to familiarize yourself with any modifications. Your continued use of the platform and/or entry in to Draws following any amendments shall be construed as acceptance of those amendments.

15.2. A valid permit number will be issued for each respective Draw.

15.3. Only user with a valid membership to the platform that satisfies all the Terms are eligible to enter into our Draws.

15.4. The types of Draws vary on the platform. Each Promotional product purchased on the O Markaz accordance with these Terms is associated with a specific type of Draw whereby a user is awarded at least a single complimentary ticket to that specified Draw after purchasing the product.

15.5. If you purchased promotional product on the O Markaz web, you will have the option to either: (a) Contribute the purchased product to the Charity Foundation (after finishing the each draw we send all donated products to the charity foundation whom we are connected), In this case, O Markaz will not send you the product and you receive only ticket number through email, or (b) Option not to contribute the purchased products to charity and instead wish to product delivered to an address of your choice by a delivery partner of our choice, you have to pay an additional delivery fee depending on your address.

15.6. O Markaz reserve the right, without prior notice, to consider any unutilized credit in your wallet waived by you after a reasonable amount of time.

15.7. Ticket numbers are computer generated and may not be sequential to the order in which the products they are associated with are purchased. You cannot choose Ticket numbers as they are generated only upon checkout and completion of purchase of the associated products.

15.8. Ticket awarded to you through your use of our platform are neither refundable nor transferable and are owned solely and exclusively by you.

15.9. The length of each Draw varies and the date when prizes are awarded can occur on any day of the week for the Draws that have “Sold Out” a minimum of 24 hours prior to the day of the draw. The result of any Draw are not subject to negotiation, interference, challenge, or argument by a user.

15.10. The deadline to enter any draw using your ticket is prior to the sell-out of all products specified within the draw, or prior to the closure of the Draw, or in the case of timed Draw prior to the end of the timer displayed on the campaign box of the specific Draw. The period of Draws can be extended at O Markaz sole discretion, and we will notify you of any such extension.

15.11. Winner of the Draws selected by the company representative or company guest and will be notified on the day the Draw occurs. The names of winners may also be announced in the local and regional press as well as on the platform and our associated social (online) media profiles, unless you specifically advise us otherwise in writing prior to the Draw. Unless otherwise specified, the number of winners per Draw will always be One (1).

15.12. On the Draw day an email will be sent to the registered email on the platform detailing the next steps and how you can claim the prize (if you win) : We will either courier the prize to the winner by air or land ( as we may determine in our sole discretion), or ship the prize to the winner’s country of residence ( nearest seaport as selected by us in our sole discretion) free of charge, and we will insure shipment of the prize until delivery thereof at the port. Collection from the port and clearance through the port and customs shall be the responsibility, and any other cost, of the winner. Accordingly, all local taxes, custom duties, and any other form of expense beyond shipping and delivery at the port will be paid by the winner. Or the winner has to collect the prize from company office or any other location that the company specifies (the company has the right to choose any option, as determined by us in our sole discretion).

15.13. Once the prize is handed to/collected by the courier/handler for international delivery, risk and responsibility will transfer to the winner and we no longer hold claim nor responsibility for any damage/injury incurred in transit, or upon delivery.

15.14. By entering the Draw all winners consent to the use of any and all content made by or provided to us. This includes but is not limited to the use of their name, photographs, videos, call recordings and other material created during the Draw, in the local and regional press, on the platform and on any social (online) media profile associated with us. You may choose to withdraw your consent at any time, but this may affect your entrance into a Draw.

15.15. All Prize displayed on our platform will be awarded, as displayed with only minor (if any) physical changes.

15.16. Where the registration or transfer of ownership of a prize is necessary, such registration or transfer of ownership will be made against the name of the winner only, as it appears on the winning ticket. By entering the draw of a prize where registration or transfer of ownership is necessary, you agree that you meet the required government and regulatory criteria to receive such registration or transfer of ownership.

15.17. If any winner is subsequently found ineligible to participate in the draw, we may at our sole discretion reclaim the prize or dispose of the same in such a manner and to such person as we deem fit. All such decisions will be in line with applicable laws.

15.18. We will not be responsible for arranging any insurance, including travel insurance, medical insurance, transport, meals, or any other expenses of a personal nature incurred by the winner in the collection of the prize, unless otherwise agreed by us in writing.

15.19. We will not be responsible for claims, damages, or expenses of any nature whatsoever for any loss, illness, bodily injury, including death, of or to any winner and/or any third-party during and/or in course of usage of any prize or due to any defects in any prizes.

15.20. Winners are responsible for any and all Tax liability where applicable.

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