Terms & Conditions
TERMS OF SERVICE
Last updated January 24, 2024
AGREEMENT TO OUR LEGAL TERMS
We
are SubAbb ('Company', 'we', 'us', or 'our'), a
company registered in Pakistan as SubAbb Tech (Pvt) Limited at Floor 12, MM
Tower, 28A, K Block Gulberg II, Lahore, Punjab 54000.
We
are a digital platform with a website and mobile application SubAbb App (the 'App'), as well as any other related products
and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').
You
can contact us by phone at 923334446253, email at [email protected], or by mail
to Floor 12, MM Tower, 28A, K Block Gulberg II, Lahore, Punjab 54000, Pakistan.
These
Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity ('you'),
and SubAbb, concerning your access to and use of the Services. You agree that
by accessing the Services, you have read, understood, and agreed to be bound by
all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS,
THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
We
will provide you with prior notice of any scheduled changes to the Services you
are using. The modified Legal Terms will become effective upon posting or
notifying you by [email protected], as stated in the email message. By continuing
to use the Services after the effective date of any changes, you agree to be
bound by the modified terms.
The
Services are intended for users who are at least 18 years old. Persons under
the age of 18 are not permitted to use or register for the Services.
We
recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR
SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PURCHASES AND PAYMENT
6. CANCELLATION
7. PROHIBITED ACTIVITIES
8. USER GENERATED CONTRIBUTIONS
9. CONTRIBUTION LICENSE
10. MOBILE APPLICATION LICENSE
11. SERVICES MANAGEMENT
12. PRIVACY POLICY
13. COPYRIGHT INFRINGEMENTS
14. TERM AND TERMINATION
15. MODIFICATIONS AND INTERRUPTIONS 16. GOVERNING LAW
17. DISPUTE RESOLUTION
18. CORRECTIONS
19. DISCLAIMER
20. LIMITATIONS OF LIABILITY
21. INDEMNIFICATION
22. USER
DATA
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 24. MISCELLANEOUS
24. REFUND
OR RETURN POLICY
25. CONTACT US
1. OUR SERVICES
The
information provided when using the Services is not intended for distribution
to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Services from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY
RIGHTS Our intellectual property
We
are the owner or the licensee of all intellectual property rights in our
Services, including all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics in the Services
(collectively, the 'Content'), as well as the trademarks, service marks, and
logos contained therein (the 'Marks').
Our
Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in
the United States and around the world.
The
Content and Marks are provided in or through the Services 'AS IS' for your
personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject
to your compliance with these Legal Terms, including the 'PROHIBITED
ACTIVITIES' section below, we grant you a non-exclusive, non-transferable,
revocable license to:
access
the Services; and download or print a copy of any portion of the Content to
which you have properly gained access solely for your personal, non-commercial
use or internal business purpose.
Except
as set out in this section or elsewhere in our Legal Terms, no part of the
Services and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
If
you wish to make any use of the Services, Content, or Marks other than as set
out in this section or elsewhere in our Legal Terms, please address your
request to: [email protected]. If we ever grant you the permission to post,
reproduce, or publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content, or Marks and
ensure that any copyright or proprietary notice appears or is visible on
posting, reproducing, or displaying our Content.
We
reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.
Any
breach of these Intellectual Property Rights will constitute a material breach
of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions and
contributions
Please
review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to
using our Services to understand the (a) rights you give us and (b) obligations
you have when you post or upload any content through the Services.
Submissions: By
directly sending us any question, comment, suggestion, idea, feedback, or other
information about the Services ('Submissions'), you agree to assign to us all
intellectual property rights in such Submission. You agree that we shall own
this Submission and be entitled to its unrestricted use and dissemination for
any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
Contributions: The
Services may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality during which you may
create, submit, post, display, transmit, publish, distribute, or broadcast
content and materials to us or through the Services, including but not limited
to text, writings, video, audio, photographs, music, graphics, comments,
reviews, rating suggestions, personal information, or other material
('Contributions'). Any Submission that is publicly posted shall also be treated
as a Contribution.
You
understand that Contributions may be viewable by other users of the Services.
When you post Contributions,
you grant us a license (including use of your name, trademarks, and logos): By
posting any Contributions, you grant us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty- free, fully-paid,
worldwide right, and license to: use, copy, reproduce, distribute, sell,
resell, publish, broadcast, retitle, store, publicly perform, publicly display,
reformat, translate, excerpt (in whole or in part), and exploit your
Contributions (including, without limitation, your image, name, and voice) for
any purpose, commercial, advertising, or otherwise, to prepare derivative works
of, or incorporate into other works, your Contributions, and to sublicense the
licenses granted in this section. Our use and distribution may occur in any
media formats and through any media channels.
This
license includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names, logos, and
personal and commercial images you provide.
You are responsible for what
you post or upload: By sending us Submissions and/or
posting Contributions through any part of the Services or making Contributions
accessible through the Services by linking your account through the Services to
any of your social networking accounts, you:
confirm
that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not
post, send, publish, upload, or transmit through the Services any Submission
nor post any Contribution that is illegal, harassing, hateful, harmful,
defamatory, obscene, bullying, abusive, discriminatory, threatening to any
person or group, sexually explicit, false, inaccurate, deceitful, or
misleading;
to
the extent permissible by applicable law, waive any and all moral rights to any
such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or
that you have the necessary rights and licenses to submit such Submissions
and/or Contributions and that you have full authority to grant us the above-
mentioned rights in relation to your Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions do not
constitute confidential information.
You
are solely responsible for your Submissions and/or Contributions and you
expressly agree to reimburse us for any and all losses that we may suffer
because of your breach of (a) this section, (b) any third party’s intellectual
property rights, or (c) applicable law.
We may remove or edit your
Content: Although we have no obligation to monitor any Contributions,
we shall have the right to remove or edit any Contributions at any time without
notice if in our reasonable opinion we consider such Contributions harmful or
in breach of these Legal Terms. If we remove or edit any such Contributions, we
may also suspend or disable your account and report you to the authorities.
Copyright infringement
We
respect the intellectual property rights of others. If you believe that any
material available on or through the Services infringes upon any copyright you
own or control, please immediately refer to the 'COPYRIGHT INFRINGEMENTS'
section below.
3. USER REPRESENTATIONS
By
using the Services, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete; (2) you
will maintain the accuracy of such information and promptly update such
registration information as necessary; (3) you have the legal capacity and you
agree to comply with these Legal Terms; (4) you are not a minor in the
jurisdiction in which you reside; (5) you will not access the Services through
automated or non-human means, whether through a bot, script or otherwise; (6)
you will not use the Services for any illegal or unauthorized purpose; and (7)
your use of the Services will not violate any applicable law or regulation.
If
you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You
may be required to register to use the Services. You agree to keep your
password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
We
do not charge the users any form of payment for usage of App.
6. CANCELLATION
You
can cancel your subscription at any time by contacting us using the contact
information provided below. Your cancellation will take effect at the end of
the current paid term.
If
you are unsatisfied with our Services, please email us at [email protected] or
call us at +923334446253.
7. PROHIBITED ACTIVITIES
You
may not access or use the Services for any purpose other than that for which we
make the Services available. The Services may not be used in connection with
any commercial endeavors except those that are specifically endorsed or
approved by us.
As
a user of the Services, you agree not to:
●
Systematically
retrieve data or other content from the Services to create or compile, directly
or indirectly, a collection, compilation, database, or directory without
written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords.
●
Circumvent,
disable, or otherwise interfere with security-related features of the Services,
including features that prevent or restrict the use or copying of any Content
or enforce limitations on the use of the Services and/or the Content contained
therein.
●
Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Services. Use any
information obtained from the Services in order to harass, abuse, or harm
another person.
Make improper use of our support services or submit false reports of abuse or
misconduct.
●
Use the
Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
●
Upload or
transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party’s uninterrupted use
and enjoyment of the Services or modifies, impairs, disrupts, alters, or
interferes with the use, features, functions, operation, or maintenance of the
Services.
●
Engage in
any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and
extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another
user.
●
Upload or
transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including
without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels,
web bugs, cookies, or other similar devices (sometimes referred to as 'spyware'
or 'passive collection mechanisms' or 'pcms').
●
Interfere
with, disrupt, or create an undue burden on the Services or the networks or
services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged
in providing any portion of the Services to you.
●
Attempt
to bypass any measures of the Services designed to prevent or restrict access
to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
●
Except as
permitted by applicable law, decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the
Services.
Except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline
reader that accesses the Services, or use or launch any unauthorized script or
other software.
●
Use a
buying agent or purchasing agent to make purchases on the Services. Make any
unauthorized use of the Services, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means or under false
pretenses.
●
Use the
Services as part of any effort to compete with us or otherwise use the Services
and/or the Content for any revenue-generating endeavor or commercial
enterprise.
Use the Services to advertise or offer to sell goods and services.
●
Sell or
otherwise transfer your profile.
8. USER GENERATED
CONTRIBUTIONS
The
Services may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide you
with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other
material (collectively, 'Contributions'). Contributions may be viewable by
other users of the Services and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential and non-
proprietary. When you create or make available any Contributions, you thereby
represent and warrant that:
The
creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the copyright,
patent, trademark, trade secret, or moral rights of any third party.
You
are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Services, and other
users of the Services to use your Contributions in any manner contemplated by
the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the
Services and these Legal Terms.
●
Your
Contributions are not false, inaccurate, or misleading.
●
Your
Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms
of solicitation.
●
Your
Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable (as determined by us).
●
Your
Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
●
Your
Contributions are not used to harass or threaten (in the legal sense of those
terms) any other person and to promote violence against a specific person or
class of people.
●
Your
Contributions do not violate any applicable law, regulation, or rule.
●
Your
Contributions do not violate the privacy or publicity rights of any third
party.
●
Your
Contributions do not violate any applicable law concerning child pornography,
or otherwise intended to protect the health or well-being of minors.
●
Your
Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
●
Your
Contributions do not otherwise violate, or link to material that violates, any
provision of these Legal Terms, or any applicable law or regulation.
Any
use of the Services in violation of the foregoing violates these Legal Terms
and may result in, among other things, termination or suspension of your rights
to use the Services.
9. CONTRIBUTION LICENSE
By
posting your Contributions to any part of the Services, you automatically
grant, and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host, use, copy,
reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,
cache, publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of, or incorporate
into other works, such Contributions, and grant and authorize sublicenses of
the foregoing. The use and distribution may occur in any media formats and
through any media channels.
This
license will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise name,
as applicable, and any of the trademarks, service marks, trade names, logos,
and personal and commercial images you provide. You waive all moral rights in
your Contributions, and you warrant that moral rights have not otherwise been
asserted in your Contributions.
We
do not assert any ownership over your Contributions. You retain full ownership
of all of your Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not liable for
any statements or representations in your Contributions provided by you in any
area on the Services. You are solely responsible for your Contributions to the
Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
We
have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to re-categorize any Contributions to
place them in more appropriate locations on the Services; and (3) to pre-screen
or delete any Contributions at any time and for any reason, without notice. We
have no obligation to monitor your Contributions.
10. MOBILE APPLICATION LICENSE
Use License
If
you access the Services via the App, then we grant you a revocable, non-
exclusive, non-transferable, limited right to install and use the App on
wireless electronic devices owned or controlled by you, and to access and use
the App on such devices strictly in accordance with the terms and conditions of
this mobile application license contained in these Legal Terms. You shall not:
(1) except as permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the App; (2) make
any modification, adaptation, improvement, enhancement, translation, or
derivative work from the App; (3) violate any applicable laws, rules, or
regulations in connection with your access or use of the App; (4) remove,
alter, or obscure any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the App; (5) use the App for any
revenue-generating endeavor, commercial enterprise, or other purpose for which
it is not designed or intended; (6) make the App available over a network or
other environment permitting access or use by multiple devices or users at the
same time; (7) use the App for creating a product, service, or software that
is, directly or indirectly, competitive with or in any way a substitute for the
App; (8) use the App to send automated queries to any website or to send any
unsolicited commercial email; or (9) use any proprietary information or any of
our interfaces or our other intellectual property in the design, development,
manufacture, licensing, or distribution of any applications, accessories, or
devices for use with the App.
Android Devices
The
following terms apply when you use the App obtained from Google Play Store (App
Distributor) to access the Services: (1) the license granted to you for our App
is limited to a non-transferable license to use the application on a device
that utilizes the Android operating systems, as applicable, and in accordance
with the usage rules set forth in the applicable App Distributor’s terms of
service; (2) we are responsible for providing any maintenance and support
services with respect to the App as specified in the terms and conditions of
this mobile application license contained in these Legal Terms or as otherwise
required under applicable law, and you acknowledge that App Distributor has no
obligation whatsoever to furnish any maintenance and support services with
respect to the App; (3) in the event of any failure of the App to conform to
any applicable warranty, you may notify the applicable App Distributor, and the
App Distributor, in accordance with its terms and policies, may refund the
purchase price, if any, paid for the App, and to the maximum extent permitted
by applicable law, the App Distributor will have no other warranty obligation
whatsoever with respect to the App; (4) you represent and warrant that (i) you
are not located in a country that is subject to a US government embargo, or
that has been designated by the US government as a 'terrorist supporting'
country and (ii) you are not listed on any US government list of prohibited or
restricted parties; (5) you must comply with applicable third-party terms of
agreement when using the App, e.g. if you have a VoIP application, then you
must not be in violation of their wireless data service agreement when using
the App; and (6) you acknowledge and agree that the App Distributors are
third-party beneficiaries of the terms and conditions in this mobile
application license contained in these Legal Terms, and that each App
Distributor will have the right (and will be deemed to have accepted the right)
to enforce the terms and conditions in this mobile application license
contained in these Legal Terms against you as a third-party beneficiary
thereof.
11. SERVICES MANAGEMENT
We
reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Legal Terms, including
without limitation, reporting such user to law enforcement authorities; (3) in
our sole discretion and without limitation, refuse, restrict access to, limit
the availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Services or
otherwise disable all files and content that are excessive in size or are in
any way burdensome to our systems; and (5) otherwise manage the Services in a
manner designed to protect our rights and property and to facilitate the proper
functioning of the Services.
12. PRIVACY POLICY
We
care about data privacy and security and strive to provide a safe, secure user
experience. By using the Services, you agree to be bound by our Privacy Policy
posted on the Services, which is incorporated into these Legal Terms. Please be
advised the Services are hosted in Pakistan. If you access the Services from
any other region of the world with laws or other requirements governing
personal data collection, use, or disclosure that differ from applicable laws
in Pakistan, then through your continued use of the Services, you are
transferring your data to Pakistan, and you expressly consent to have your data
transferred to and processed in Pakistan.
Usage
and Information Collection
We
also gather information about our users' use of our platform, such as what
areas of the site you visit and what services you access. We collect your IP
address, browser type, domain names, access times and referring Web site
addresses. This information is logged to help diagnose technical problems, as
well as administer the site in order to constantly improve the quality of our
site and service to you. We may also track and analyze aggregate usage and
volume statistics from our site to improve the services we offer on our site.
None of this information is linked to your personally identifiable information.
Our Use
of Your Information
We
use the information we gather on our website and mobile app, whether personal,
demographic, aggregate or technical, for the purpose of operating and improving
our web site, creating a positive user experience, and delivering the tools and
services that we offer.
Disclosure
of Personal Information to Third Parties
We do not
disclose your personally identifiable information to third parties for their
promotional purposes.
We
use third party service providers to administer some of our services to you on
our site. We use third party service providers to administer payments and
process your credit card information when you purchase our products &
services. We also use a third party service provider to host our website as
well as serve you with our newsletters via email. These service providers are
not authorized to use your personally identifiable information for their
promotional purposes.
Security
of the Profile Information
We
have implemented commercially reasonable technical and organizational measures
designed to secure your personal information from accidental loss and from
unauthorized access, use, alteration or disclosure. However, we cannot
guarantee that unauthorized third parties will never be able to defeat those
measures or use your personal information for improper purposes.
Privacy
Policy Modifications
If we
decide to materially change our Privacy Policy, we will post those changes
through a prominent notice on the web site 30 days prior to the change taking
place so that you will always know what information we gather, how we might use
that information, and to whom we will disclose it.
If
at any time, you have questions or concerns about this Privacy Policy or
believe that we have not adhered to this Privacy Policy, please feel free to
use our feedback form. We will use commercially reasonable efforts to promptly
answer your question or resolve your problem.
13. COPYRIGHT INFRINGEMENTS
We
respect the intellectual property rights of others. If you believe that any
material available on or through the Services infringes upon any copyright you
own or control, please immediately notify us using the contact information
provided below (a 'Notification'). A copy of your Notification will be sent to
the person who posted or
stored
the material addressed in the Notification. Please be advised that pursuant to
applicable law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material
located on or linked to by the Services infringes your copyright, you should
consider first contacting an attorney.
14. TERM AND TERMINATION
These
Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED
AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If
we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf of
the third party. In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.
15. MODIFICATIONS AND
INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the Services at
any time or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our Services. We will not be
liable to you or any third party for any modification, price change,
suspension, or discontinuance of the Services.
We
cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to
the Services, resulting in interruptions, delays, or errors. We reserve the
right to change, revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be construed
to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.
16. GOVERNING LAW
These
Legal Terms shall be governed by and defined following the laws of Pakistan.
SubAbb and yourself irrevocably consent that the courts of Pakistan shall have
exclusive jurisdiction to resolve any dispute which may arise in connection
with these Legal Terms.
17. DISPUTE RESOLUTION
You
agree to irrevocably submit all disputes related to these Legal Terms or the
legal relationship established by these Legal Terms to the jurisdiction of the
Pakistan courts. SubAbb shall also maintain the right to bring proceedings as
to the substance of the matter in the courts of the country where you reside
or, if these Legal Terms are entered into in the course of your trade or
profession, the state of your principal place of business.
18. CORRECTIONS
There
may be information on the Services that contains typographical errors, inaccuracies,
or omissions, including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Services at any time,
without prior notice.
19. DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS
OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
20. LIMITATIONS OF LIABILITY
IN
NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF
DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21. INDEMNIFICATION
You
agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party due
to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach
of these Legal Terms; (4) any breach of your representations and warranties set
forth in these Legal Terms; (5) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (6) any overt
harmful act toward any other user of the Services with whom you connected via
the Services. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter for which
you are required to indemnify us, and you agree to cooperate, at your expense,
with our defense of such claims. We will use reasonable efforts to notify you
of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
22. USER DATA
We
will maintain certain data that you transmit to the Services for the purpose of
managing the performance of the Services, as well as data relating to your use
of the Services. Although we perform regular routine backups of data, you are
solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Services. You agree that we shall have
no liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption
of such data.
23. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications,
and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Services,
satisfy any legal requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive
any rights or requirements under any statutes, regulations, rules, ordinances,
or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the granting
of credits by any means other than electronic means.
24. MISCELLANEOUS
These
Legal Terms and any policies or operating rules posted by us on the Services or
in respect to the Services constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision
of these Legal Terms shall not operate as a waiver of such right or provision.
These Legal Terms operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others at any time. We shall
not be responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or part of
a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Legal Terms and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Legal Terms
or use of the Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any and all
defenses you may have based on the electronic form of these Legal Terms and the
lack of signing by the parties hereto to execute these Legal Terms.
24. PRICING, REFUND OR RETURN POLICY
The
employers are charged an annual subsription fee of PKR 30,000 to post jobs on SubAbb. The employers shall
agree to abide by the following terms and conditions applicable for payments:
1.
SubAbb
shall approve jobs within three (3) business days of application submission.
2.
In case a
job post doesn’t go live on the mobile application due to technical issues,
SubAbb will return the amount deducted to the wallet within seven (7) business
days of reporting.
3.
The users
can claim a refund of amount in the wallet to their registered bank accounts
from SubAbb. The payment will be delivered to client’s bank account within
seven (7) business days of reporting.
4.
If the
payment is made online via credit card, debit card, bank account or mobile wallet
please notify [email protected] to request a refund. Refund requests are
entertained for undelivered job posts.
5.
Refunds
will be made in the accordance with the standard operating procedure of the
payment gateway provider.
25. CONTACT US
In
order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:
SubAbb
Floor 12, MM Tower, K Block Gulberg II Lahore, Punjab 54000
Pakistan, Phone: +923334446253 , Email: [email protected]
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PURCHASES AND PAYMENT
6. CANCELLATION
7. PROHIBITED ACTIVITIES
8. USER GENERATED CONTRIBUTIONS
9. CONTRIBUTION LICENSE
10. MOBILE APPLICATION LICENSE
11. SERVICES MANAGEMENT
12. PRIVACY POLICY
13. COPYRIGHT INFRINGEMENTS
14. TERM AND TERMINATION
15. MODIFICATIONS AND INTERRUPTIONS 16. GOVERNING LAW
17. DISPUTE RESOLUTION
18. CORRECTIONS
19. DISCLAIMER
20. LIMITATIONS OF LIABILITY
21. INDEMNIFICATION
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 24. MISCELLANEOUS
25. CONTACT US
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above- mentioned rights in relation to your Submissions and/or Contributions; and warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in unauthorized framing of or linking to the Services.
Delete the copyright or other proprietary rights notice from any Content. Attempt to impersonate another user or person or use the username of another user.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use the Services to advertise or offer to sell goods and services.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Use License
Floor 12, MM Tower, K Block Gulberg II Lahore, Punjab 54000
Pakistan, Phone: +923334446253 , Email: [email protected]