Pakwheels

Terms of Service

Acknowledgment

If you wish to use this Website or employ PakWheels.com for any service, you must agree to the terms below as the exclusive basis which governs usage of the Website and provision of services. If you do not agree to any of the terms, do not use this Website or employ PakWheels.com for any service.

You acknowledge and agree that your usage (defined below) of the Website is strictly regulated and governed by the terms and conditions of this Agreement.

Introduction

Pak Wheels (Private) Limited (hereinafter referred to as “PakWheels” or “we” or “us” or “our”) welcome you at PakWheels for doing your car search, your search and access to all the products including car related products, car transaction service, forums, car inspection services, auto parts and accessories etc.

THESE WEBSITE TERMS OF USE ("TERMS OF USE") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE LAWS OF PAKISTAN AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

The domain name www.PakWheels.com is owned by PakWheels (Private) Limited, a company duly incorporated under the Laws of Pakistan with its registered office at 2nd Floor, Saeed Alam Tower, 37-Commercial Zone, Liberty Market, Gulberg, Lahore. These terms of use of the Website available at www.PakWheels.com, mobile site and mobile applications (individually and collectively, “Website”) is between PakWheels and the guest users or registered users of the Website (hereinafter referred to as "you" or "your" or "yourself" or "user" or “customer”) describe the terms on which PakWheels.com offers you access to the Website for availing services and buy products, as are incidental and ancillary thereto ("Services", and more particularly defined hereinafter).

These terms of service are effective from 1st January, 2021

Eligibility to use services

Service available through or use of the Website is available only to persons of majority (18 years of age or more) and who can legally component to form a contract under the  Contract Act, 1872 (as amended from time to time), or any other act or enactments to which the person is subject.

Persons who are incompetent, to make a legal and valid contract, for any reason whatsoever (minor, lunatic, insane, undischarged insolvent or otherwise) are not eligible to use our Website and avail our services. BY ACCESSING OUR WEBSITE OR AVAILING ANY OF OUR SERVICES, YOU REPRESENT TO THE PAKWHEELS.COM THAT YOU ARE MAJOR AND LEGALLY COMPETENT TO FORM A VALID CONTRACT UNDER THE TERMS OF USE.

Further to this, PakWheels reserves its right, without assigning any reason whatsoever, to restrict or limit your access to the Website and can further terminate your access to Website and deny the services or any other product available through or at our Website. This right of suspension / termination of services of PakWheels, is in addition to any other remedy available to PakWheels, for access & usage of Website or availing any of our services through Website, which is in contravention of any of the terms and conditions of terms of use or this agreement or any other applicable law.

Important

This Website, including mobile application, is an online marketplace and which provides a platform to users to avail the services. Any information provided either through or at Website is only for information purpose and such information does not substitute any specific advice whether investment, legal, taxation or otherwise and are not intended to provide you with any nature of certification, guarantee or warranty. PakWheels is not responsible and cannot be held liable for any transaction between the Website’s users.

By accessing, browsing and using this Website or availing services, you agree and acknowledge that, you understand this limited and restricted use and accessing, browsing or using this Website or availing any services is out of your own free will, discretion and responsibility.

You expressly agree that any information provided on the Website shall be used by you at your risk. You are advised to hereby make proper enquiries and use the information provided on the Website.

From time to time PakWheels may supplement its terms of use with additional terms pertaining to specific content and your usage of mobile app may further require you to abide by the additional terms of third party e.g. play store etc. before download and installing the mobile app. These terms are collectively referred to as (“additional terms”). Such additional terms are hereby incorporated by reference into these terms of Use.

Right of terminate/suspend/discontinue of any service

PakWheels reserves its right to modify, suspend, cancel or discontinue any or all sections, or services at any time without any notice. PakWheels reserves the right to make modifications and alterations in the information contained on the Website without notice. You agree that PakWheels shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

PakWheels reserves the right to terminate any service agreement without any notice to the user and without providing any reason whatsoever. In the event of cancellation, the user shall pay any outstanding invoices relating to the service agreement within the next 10 working days.

User’s obligation and restrictions

Subject to the compliance with all applicable laws, rules and terms and conditions of this agreement, you acknowledge, agree and undertake that your use of the Website shall be strictly governed by this agreement (including term of use) and the following binding principles.

You shall not use or access the Website or avail the services by any means other than through the interface that are provided by PakWheels when you use the Website or Website and/or the services you specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or content or user content that;

  • Belongs to another person and to which the user does not have any right to;
  • Any data, post, listing or comment grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
  • Any data, post, listing or comment that harms minors in any way.
  • You shall not transmit any material designed to interrupt, damage, destroy or limit the functionality of the Website or the service.
  • You agrees not to transmit materials protected by copyrights. Infringes any patent, trademark, or other proprietary rights;
  • Violates any applicable laws or regulations for the time being in force within or outside Pakistan.
  • Contains software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
  • You agrees not to post in any manner that is illegal, immoral or harmful to PakWheels.com is misleading in any way or shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  • User agrees to attempt to gain unauthorized access to any other user’s account, Website any portion or feature of the Website, any other systems or networks connected to the Website, or any computer resource / servers, of PakWheels connected with the Website to provide the services. You shall not access the website, features or any of the services offered on or through the website, by hacking, password mining or any other illegitimate means or through automated means including robot, deep link, page scrape etc.
  • Uses the Website or content for any purpose that is unlawful or prohibited by the agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of PakWheels or other third parties; 
  • Violates any code of conduct or other guidelines, terms of this agreement which may be applicable for or to any particular service.
  • You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name, trade name or domain name used by us or otherwise engage in any conduct or activity that might spoil the image or reputation of PakWheels or buyers/sellers on Website or otherwise. User agrees not to conduct itself in an offensive or abusive manner whilst using the Website or the service.
  • You agree not to transmit any material designed to interrupt, damage, destroy or limit the functionality of the Website or the service.
  • You agree not to use any service in breach of any policy or other notice on the Website.
  • Users agree not to publish any material that may encourage a breach of any relevant laws or regulations.
  • You shall not distribute or contain spam, multiple / chain letters, or pyramid schemes in any of its forms.

You consent to receive communications by email, call or by such other mode of communication, electronic or otherwise related to the services provided through the Website.

Violation by user

You agree that in the event your listing, posting, comment or your information violates any clause of this agreement or PakWheels listing policy, we shall have the right to terminate and or suspend your membership of the site and refuse to provide you or any person acting on your behalf, access to the Site.

Car transaction services

These conditions relate to the vehicles transacted under the PakWheels “Sell it for me” & “Buy it for me” service hereinafter referred as PakWheels car transaction services.

Customer understands and agrees that the Company is playing only the role of a facilitator and coordinator in the sales-purchase between Buyer and seller. The sales-purchase transaction, token amount and all other commercial terms such as balance payment, delivery of car etc., shall be as per the contractual obligations agreed between the seller and the buyer only.

Customer agrees and acknowledges that PakWheels shall not be responsible for the completion of ownership transfer, insurance and for any other documents required under applicable law for the transfer of ownership of transacted vehicles under PakWheels car transaction services. Further, Company shall not be responsible for any litigation, dispute or objection arising from or incidental to the transfer of ownership registration from the concerned authority, insurance and any other documents related to the vehicles required under applicable law of the concerned motor vehicle registration authority.

PakWheels will charge service charges/commission along with applicable taxes from buyer and seller as per the agreed amount and these charges will not be refundable.

Feature Ads charges

  • PakWheels offers services of feature ads on different locations of the Website on non-refundable charges. 
  • The cost of placing an ad on PakWheels depends on the feature ad package you select and as per the rates quoted on PakWheels.com.
  • PakWheels reserve the right to change feature ad rates at any time without any prior notice.
  • All feature ads must be pre-paid prior to publication.
  • Payments are also accepted online or through PakWheels.com using different payment methods. Whilst every effort is made to ensure the safety of your online transaction, however, we cannot and don’t accept liability for any loss or damage incurred as a result of using the online payment mechanism.

PakWheels vehicle inspection services

By booking a vehicle inspection with PakWheels inspection service, you agree to the following terms and conditions:

  • In consideration of PakWheels inspection service providing you with the vehicle inspection services, including the provision of an inspection report, you agree to pay the fee amount including applicable taxes as per the vehicle inspection rates on PakWheels.com.
  • PakWheels inspection report can be linked along with the ad of the vehicle and can be publically available on the terms & conditions of the PakWheels.
  • PakWheels reserves the rights to change inspection service charges any time without any prior notice.
  • You acknowledge that PakWheels inspectors use accepted methods for fault detection, these methods will not necessarily identify all faults with a vehicle. You should also consider the model and condition of the vehicle at the time of inspection and any Report should be reviewed in this context.
  • You are required to launch an inspection service request not less than twenty four hours. After the request, PakWheels will contact you to fix the inspection time and location for the vehicle as per the availability of the technical staff.
  • If you intend to cancel an inspection service booking; in the event that you cancel the inspection service with equal to or more than 12 hours’ notice, PakWheels will charge an applicable cancellation fee. In the event you cancel the inspection service at the spot due to any reason, PakWheels reserves the right to charge a cancellation fee along with traveling expenses at spot or to be adjusted against the advance amount.
  • PakWheels reserves the right to refuse vehicle inspection service requests, in case you are already a defaulter or you are habitual to cancel planned inspection service requests until you will clear all the outstanding dues.
  • PakWheels inspection service does not assemble, erect, dismantle or disturb any structure, fixture, assembly, component or internal/external mechanisms of the vehicle as part of the inspection service process. 
  • For inspection service the vehicle should be parked on a safe and a level surface with adequate walking space around the perimeter of the vehicle.
  • PakWheels will not be responsible for any defects in the vehicle that are latent discovered which were not visually apparent during the inspection.
  • The vehicle inspection report will only state the current condition of the vehicle at the time of the inspection. It is your responsibility (as a buyer) to conduct a visual inspection of the vehicle at the point of sale.
  • PakWheels inspection report is valid for then and there basis and PakWheels shall not be responsible for any change, modification, alteration etc. occurred in the vehicle after the vehicle inspection.
  • PakWheels inspection service does not provide any warranty regarding the nature, reliability, accuracy or completeness of any information contained in the report.
  • Road test is not included in PakWheels inspection service, however it can be conducted with your consent and you will take ultimate responsibility for any damage during the vehicle road test.
  • PakWheels inspection service will not undertake a road test even after your consent, on any vehicle which appears, as determined by the inspector, not to be in a roadworthy condition. Further, vehicles are only tested to the speed limit of the local area.
  • It is the responsibility of the person who has requested a vehicle inspection service to arrange the vehicle at the decided location and time for the inspection.
  • The vehicle inspection report is prepared and provided by PakWheels inspection service for the use of a person named on the report and the inspection report cannot be used as a legal evidence in any court of law/authority without the prior consent of the PakWheels.
  • The inspection report prepared by PakWheels will remain the property of PakWheels and PakWheels may publish the report at its own discretion.
  • The inspection report prepared by PakWheels will remain the property of PakWheels and PakWheels may publish the report at its own discretion.
  • While availing PakWheels inspection service you agreed to allow PakWheels to use / publish the inspection report on a car sales network Website in association with an item listing.

No guarantee of increase in advertisers business

PakWheels does not guarantee business from the leads generated. PakWheels shall not be responsible or liable at all to the user/advertiser if no business or business leads are generated for the advertiser through premium ads on the Website. Advertiser understands that PakWheels only obligation is to place the premium ads on the Website in the manner provided for in these terms. Accuracy of the information/content provided is the advertiser's responsibility and PakWheels will not be held responsible for false claims made by the advertiser.

Notice of Infringement of Intellectual Property

PakWheels owns all intellectual property rights in the Website and the service, including without limitation, the design, text, graphics, ads, user uploaded pictures, vehicle description, vehicle inspection reports etc. the selection and arrangement thereof.

PakWheels is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties.

If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may write to us at [email protected] to request to delete the relevant Content in a good faith.

Rights to user information

PakWheels reserves the discretion to withdraw any material from the Website without prior notice and to refuse any material posted by a user. The user's registration details and data relating to its use of the Website will be recorded by PakWheels but this information shall not be disclosed to third parties.

You agree that PakWheels may use the user information shared by you to provide customer services and to understand if any other services or advertisement listed on PakWheels Website may interest you or to inform the User about special offers, occasional third party offers and for other marketing and related purposes.

PakWheels will not use User data for any other purposes than as set out in this agreement except that PakWheels may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority.

Abusing PakWheels

Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our services, restrict or prohibit access to, and your activities on, our services, cancel, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, and take technical and legal steps to keep you from using our services if:

  • We think that you are creating problems or possible legal liabilities for us, our users, suppliers, advertisers or other third parties;
  • We think that such restrictions will improve the security of the PakWheels community or reduce our or another PakWheels user's exposure to financial liabilities;
  • We think that you are infringing the rights of third parties;
  • We think that you are acting inconsistently with the letter or spirit of this user agreement or our policies or abuse our employees or users;
  • Despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
  • You fail to make, or it is evident that you are unable to make, full payment of any fees due for our Services by your payment due date.
  • Manipulate the price of any item or interfere with any other user's listings.

Content policy

When providing us with content (including causing content to be posted using our services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, and you authorize us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sub licensees or our assignees.

PakWheels does not endorse any content or any opinion, statement, recommendation, or advice expressed therein and PakWheels expressly disclaims any and all liability in connection with user content.

PakWheels reserves the right to remove infringer content, listing or block him permanently after two warnings.

Limitation of Liability

Notwithstanding anything to contrary in the agreement(s), in no event shall PakWheels, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers  will not be liable for any direct, indirect, incidental, special, consequential loss, loss of profit, revenue, data or goodwill or punitive damages of any kind resulting from the use of or the inability to use PakWheels services, resulting from any goods or services purchased or obtained or messages received or transactions entered into through PakWheels services, howsoever arising suffered by any user arising in any way in connection with this agreement or for any liability of a User to any third party.

PakWheels assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

  • The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; 
  • Any interruption or errors in the operation of the Website
  • Whilst PakWheels will make all reasonable attempts to exclude viruses from the Website, it cannot ensure such exclusion and no liability is accepted for viruses. Thus, the user is recommended to take all appropriate safeguards before downloading information or any material from the Website.
  • PakWheels shall not be liable for ensuring that the material on the Website is not unacceptable material and the user in making any financial or other decision accepts that it does so exclusively at its own risk.
  • PakWheels shall not be liable for any interruption to the service, whether intentional or otherwise.
  • PakWheels is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.
  • PakWheels makes reasonable efforts to ensure that the details provided on our Website is accurate, however, PakWheels does not control such third-party content and therefore shall not be responsible for any loss or damages resulting from the use of third-party content.

Disclaimer of warranties

You expressly acknowledge and agree that the materials, products and services provided to you on the Website are provided on and as it is basis, without warranty of any kind, whether express or implied. PakWheels, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. PakWheels makes no warranty or representation for the accuracy, completeness, reliability, Website content or any third-party content linked to this Website or timeliness of the information provided by this web site. 

You understand and expressly agree to use this web site at your sole risk, that any material and/or data downloaded or otherwise obtained through the use of this web site is at your own discretion and risk and that you will be solely responsible for any damage due to any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party to your computer system or loss of your data that results from the download of such material and/or data.

Except as expressly set forth on this web site, PakWheels disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement and it makes no warranty or representation regarding the accuracy or reliability of any information obtained through PakWheels services, regarding any goods or services purchased or obtained through PakWheels services, regarding any transactions entered into through PakWheels services or that PakWheels services will meet any user's requirements, be uninterrupted, timely, secure or error free. Applicable law may not allow the exclusion of implied warranties, so the exclusion may not apply to you.

Further you also acknowledge and agree that, any product or service advertised or offered by a third party through the Website or any hyperlinked Website or featured in any banner or other advertising, and PakWheels will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or 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 judgment and exercise caution where appropriate.

Governing law & jurisdiction

This agreement shall be governed by and construed in accordance with the laws of Pakistan and the user submits to the exclusive jurisdiction of the courts of Lahore, Pakistan on all matters and disputes, save that PakWheels may take action against the user in any relevant jurisdiction to enforce its rights.

Compensation

You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this user agreement, your improper use of PakWheels services or your breach of any law or the rights of a third party.

Legal disputes

If a dispute arises between you and PakWheels, we strongly encourage you to first contact us directly to seek a resolution by contacting [email protected] We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this user agreement shall be governed and construed in all respects by the laws of Pakistan.

General

If any provision or clause of this user agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

The headings in this agreement for reference are solely used for convenience and shall not have any legal or contractual significance or do not limit the scope or extent of such section.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. 

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

We may amend this user agreement at any time by posting the amended terms on www.PakWheels.com. All amended terms shall automatically be effective immediately. Your continued use of our services after the effective date of these amended terms constitutes your acceptance of them.

PakWheels always ensures that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify us on [email protected] and we will investigate.

PakWheels shall not be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supranational authority.

The user agreement and all policies posted on our site are the entire agreement between you and PakWheels and supersede all prior understandings and agreements of the parties.