Chahyay treats all collected data as confidential and in good faith. Personal information such as last name, first name, address, email address, and phone number is collected for business and marketing purposes when you register. In addition to explicitly entered data, information is automatically gathered from log files when accessing the Services interface. Chahyay differentiates between master data (e.g. IP address, time and date of access) and activity data (e.g. name of file accessed, paths clicked on). This data is anonymously assessed for statistical purposes.
You agree that neither Chahyay nor its affiliates or licensors are responsible for the fitness or conduct of any Shop. Neither Chahyay nor its affiliates or licensors will be liable for any claim, injury, or damage arising in connection with the acts or omissions of any Shop. In the event you have a dispute with any Shop, you hereby release Chahyay and its officers, directors, employees, subsidiaries, affiliates, agents, and representatives from any and all claims, liabilities, costs, including without limitation attorney's fees, loss, or damage of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
The Chahyay Service may allow for the submission, sharing or publishing of photographs, communications or other content submitted by you and other users ("User Submissions''). Except for personally identifiable information, which is covered under the Chahyay Privacy Policy available at www.chahyay.com/privacy, any User Submission transmitted or posted to this software application will be considered non-confidential. By submitting any User Submission to Chahyay, you grant Chahyay a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submission in connection with the Services, the Support and Chahyay's business. We also grant each user of the Service a non-exclusive license to access their User Submissions through the Service and to display and publicly perform such User Submissions as permitted through the functionality of the Service and under these Terms and Conditions.
Regarding the User Submissions, you agree not to submit material that: (i) is copyrighted, subject to privacy or publicity rights or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the owner to submit the material and to grant Chahyay all of the license rights granted herein; (ii) is unlawful, obscene, harassing, defamatory, libelous, pornographic, hateful, racially or ethnically offensive or is otherwise inappropriate; (iii) could damage the reputation of Chahyay or any third party
Chahyay reserves the right to remove any User Submissions that violate the Terms of Service, including but not limited to those that are fraudulent, obscene, defamatory, or that impersonate another person. Chahyay does not endorse any User Submission or the opinions, recommendations, or advice therein, and shall not be liable for any such User Submission. Users acknowledge that they may be exposed to inaccurate, offensive, or objectionable User Submissions and hereby waive any legal or equitable rights or remedies against Chahyay in connection therewith. Chahyay may provide links to third-party Software Applications but does not endorse the content or any products or services available on such applications, nor is Chahyay responsible for the security of such content. Users link to such applications at their own risk.
Chahyay provides support for its Software Applications, but it is entirely at the user's own risk. Chahyay makes no warranties or representations about the accuracy or completeness of the content provided through the support or the content of any linked third-party Software Applications. Chahyay assumes no liability for errors, personal injury, property damage, unauthorized access, or any other issue arising from the use of the Software Applications or support.
Chahyay does not guarantee that the Software Applications will operate error-free or that they are free of viruses or other harmful goods. If the use of the Software Applications results in the need for servicing or replacing equipment or data, Chahyay shall not be responsible for those costs. Chahyay disclaims all warranties, whether express or implied, including without limitation the warranty of merchantability and fitness for a particular purpose.
Chahyay shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the use of the support or the Software Applications, even if Chahyay has been advised of the possibility of such damages. Chahyay's total liability to users for any losses arising hereunder shall not exceed the amounts paid by the user to Chahyay. Some jurisdictions may not allow the limitation or exclusion of warranties or liability for incidental or consequential damages, in which case, such provisions shall be deemed severable from this agreement, and the other provisions shall remain in full force and effect.
The waiver of any rights or remedies by Chahyay will only be valid if it is made in writing and signed by an authorized representative of the company. Failure by Chahyay to exercise its rights under the Terms of Service will not be considered a waiver or variation of those rights and will not prevent the company from exercising them at a later time.
You agree to defend and indemnify Chahyay and its officers, directors, employees, agents, and affiliates against any losses, claims, actions, costs, damages, penalties, fines, and expenses resulting from your unauthorized use of the Software Applications or any breach of the Terms of Service. Chahyay will promptly notify you of any such claims and will have the right to control the defense of any legal action at your expense.
Chahyay may modify or discontinue its services, or suspend or terminate your access to them, for any reason, with or without notice to you, and without any liability to you or any third party. Even if your access is terminated, your account will remain enforceable against you. You may terminate your account at any time, but Chahyay does not guarantee that it will be terminated due to technical availability. Provisions that are necessary to give effect to the Terms of Service will survive the termination of your account.
If there are any disputes related to this Agreement, the parties will first attempt to resolve them amicably through mediation with a mutually agreed-upon mediator. If they are unable to agree on a mediator, either party may request a neutral mediator to be appointed by a mutually agreed-upon mediation service. The mediation will be conducted in accordance with the Commercial Mediation Rules of the mutually agreed-upon mediation service. If any disputes remain unresolved after mediation, they will be settled through binding arbitration in Lahore, Pakistan, using an arbitrator or arbitration service that is mutually agreed upon. The arbitration will be conducted under the Commercial Arbitration Rules of the mutually agreed arbitrator or arbitration service. Both parties will have the right to conduct reasonable discovery, including document production and a maximum of five depositions per party. The prevailing party will be entitled to recover its costs and reasonable attorney's fees, as determined by the arbitrator, who must follow the law.
This Agreement is governed by the laws of Pakistan, and any dispute arising out of or relating to this Agreement shall be exclusively heard and decided by the courts in Pakistan. Each party consents to the jurisdiction and venue of such courts without regard to its conflict of laws principles. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect. Any offer for a product, feature, service, or application made on the Chahyay platform is void where prohibited.
This Agreement does not create an independent contractor, agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship between the parties.
Chahyay reserves the right to modify, supplement, delete, or add to any of the terms and conditions of this Agreement at its sole discretion, with or without prior notice. Your continued use of the Software Applications or the Support following any changes to this Agreement constitutes your irrevocable acceptance of such changes.
If you have any questions or comments, please do not hesitate to reach out to us at info@chahyay.com in Pakistan.
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