MUSAWWIR KADAH TERMS OF USE

Last Updated: August 29, 2022,

Welcome to Musawwir Kadah. These Terms of Use (“Terms”) are an agreement between you (“you” or “your”) and Musawwir Kadah (Pvt) Ltd doing business as Musawwir Kadah (“Musawwir Kadah” or “we” or “our” or “us”) that governs your access to and use of our online platform, website, mobile application, products, and services (collectively, “Services”). By accessing or using our Services in any way, you agree to these Terms. If you do not agree to these Terms, you are not permitted to access or use our Services. Please read these Terms carefully, and feel free to contact us if you have any questions.

  1. BASIC TERMS

1.1 You may use our Services only if you can form a binding contract with us, and only as permitted by law. You are not allowed to use our Services if you are a person under the age of eighteen (18) (“Minor”). Additional eligibility requirements may apply to some Services, and we will notify you of those requirements in these Terms or otherwise in connection with those Services.

1.2 If you are using our Services on behalf of a company or other entity, you represent and warrant that you are at least eighteen (18) years old and that you are authorized to bind that company or other entity to these Terms, in which case the terms “you” and “your” in these Terms will refer to that entity.

1.3 We offer a variety of Services, and additional guidelines, terms, and conditions may apply to some Services (“Service Terms”). By using those Services, you agree to their Service Terms. If any of our Services have Service Terms that conflict with these Terms, those Service Terms shall prevail to the extent of the conflict as relates to those Services.

1.4 For information about our privacy practices, please see our Privacy Policy, which can be viewed at  https://musawwirkadah.com/privacy-policy. Our Privacy Policy is incorporated into and considered part of these Terms. By accessing or using our Services in any way, you agree that your information may be collected, stored, shared, processed, and used in accordance with our Privacy Policy and these Terms.

1.5 You will need to register for a Musawwir Kadah account in order to use some of our Services. You agree to provide only true and accurate information in connection with your account, and to update all such information as necessary to keep it accurate and current.

1.6 You are responsible for maintaining the confidentiality of your account password, and for all activities that occur under or through your account or password. You agree to notify us immediately if you suspect or become aware of any unauthorized access to or use of your account or password or other breaches of security on our Services.

1.7 The permission we give you to register for a Musawwir Kadah account and use our Services under these Terms is non-exclusive and non-transferable. You are not allowed to rent, sell, lease, sublicense or otherwise transfer your Musawwir Kadah account, or any access to or use of our Services, to any third party.

1.8 We may reclaim or repurpose any username or URL on our Services, at any time at our sole discretion, for any reason, including if we believe it is necessary to comply with the rights of a third party.

1.9 Some of our Services may be accessible on mobile devices. You agree not to use those Services in a way that distracts you and prevents you from complying with any traffic or safety laws.

1.10 You consent to receive communications from us electronically, and you agree that we may communicate with you by posting notices on our Services and/or by email. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that all notices we provide to you by email will be considered received by you on the day that we send them. If you register for a Musawwir Kadah account or otherwise provide us with an email address, you agree that we are not responsible for any automatic filtering that you or your network provider may apply to any email that we send to the email address you provide. If at any time you would like to withdraw your consent to receive emails, please use the “unsubscribe” button on the email, or contact us at  info@musawwirkadah.com. To do so, however, it is understood and agreed by you that if you withdraw consent, you may not be able to participate in all Services offered.

1.11 You are responsible for providing any equipment (such as computers or mobile devices) and network access necessary for you to use our Services or communicate with us at your own cost.

  1. DEFINITIONS

In these Terms:

  • “User” means any person or entity that accesses or uses our Services in any way, whether or not they register for a Musawwir Kadah account, including you.
  • “Content” means any and all images, text, information, data, audio, video, graphics, computer code, software, and other material provided on or through our Services, including when we send you an email. Content includes both Musawwir Kadah Content and User Content.
  • “Musawwir Kadah Content” means any and all Content that we provide on or through our Services, including Content licensed from a third party, but excluding User Content.
  • “User Content” means any and all Content that a User submits, posts, publishes or otherwise provides on or through our Services.
  • “Your User Content” means any and all User Content that you submit, post, publish or otherwise provide on or through our Services.
  • “including” means “including but not limited to” unless we specifically indicate otherwise.

  1. OWNERSHIP

3.1 All Content is owned by Musawwir Kadah or by others who have licensed their Content to us, and is protected by Pakistan and international copyright laws, trademark laws, and/or other proprietary rights and laws. Our Services are also protected as a compilation and/or collective work under Pakistan and international copyright laws.

3.2 The trademarks, service marks, logos, and product names displayed on or in connection with our Services are the registered and unregistered trademarks and service marks of Musawwir Kadah or third parties in Pakistan and/or other countries.

3.3 As between you and Musawwir Kadah, Musawwir Kadah owns and retains, solely and exclusively, all rights, title, and interest in and to our Services, the look and feel, design and organization of our Services, all Musawwir Kadah Content, and the compilation of all Content on our Services, including all copyrights, moral rights, trademark rights, trade secrets, patent rights, database rights, and other intellectual property and proprietary rights therein.

3.4 These Terms do not grant you any ownership over any Content, or any intellectual property rights in any Content, although you remain the owner of any intellectual property rights that you may have in Your User Content.

3.5 Neither these Terms nor your use of our Services grants you any license or permission under any copyright, trademark, or other intellectual property of Musawwir Kadah or any third party, whether by implication or otherwise.

3.6 These Terms do not grant you the right to use any of our trademarks, service marks, logos, product names, domain names, or other distinctive brand features in any way.

3.7 We welcome feedback, comments and suggestions about our Services (“Feedback”). However, you acknowledge and agree that we will have the right to use any and all Feedback at our sole discretion, for any and all purposes, commercial or otherwise, without any obligation of any kind to you. In any case, we will have no obligation to act on, use or respond to any Feedback in any way.

3.8 We reserve all rights not expressly granted to you in these Terms.

  1. GENERAL CONTENT TERMS

4.1 Please note that Content covers a wide range of art and subject matter, and is generally uncensored, and may include nudity or other visual or written material that some people may consider offensive or inappropriate for children and minors. If you deem any Content inappropriate for any other person using your computer or other devices, you shall be solely responsible to take such necessary and adequate precautions to prevent such persons from accessing the said Content.

4.2 Subject to these Terms, you may access and view Content within our Services for your own personal, non-commercial use, in the context of your Musawwir Kadah User experience, in accordance with the normal functionality and restrictions of our Services.

4.3 We value open source software, and some software used in our Services may be offered under an open source license that we will make available to you. The open source license may contain provisions that override some of these Terms as relates to the use of that software.

4.4 Some Services may enable you to post, embed or transmit some Content in a way that will be accessible to others on our Services or in other locations online (such as other websites and social media services). You may use such Services in accordance with their normal functionality and restrictions, as permitted by any applicable Service Terms. However, without limiting the generality of clause 4.6 below, the availability of such Services does not imply or give you permission to reproduce, distribute or otherwise use such Content in any other way, whether on our Services or in any other location.

4.5 If you are a teacher, you may display Content on our Services to your students at a non-commercial indoor lecture or seminar conducted by you, provided you do not reproduce or distribute Content outside our Services in any way that is not specifically otherwise permitted by these Terms. Also, if any of your students access or use our Services, these Terms will apply to each of those students individually. However, please note that as per section 1.1, your students are not allowed to use our Services if they are under the age of thirteen (13).

4.6 Except as expressly permitted by these Terms, you must not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any Content in any way without express prior written permission from us or (as applicable) the appropriate third-party rights holder.

4.7 Any commercial exploitation of any image or other Content without express prior written permission from us or (as applicable) the appropriate third-party rights holder, including any commercialized reproduction, distribution, publishing, or creation of derivative works, is strictly prohibited.

  1. USER CONTENT AND COMMUNICATIONS

5.1 Some Services may enable Users to submit, post, publish or otherwise provide User Content. Each User is solely responsible for all User Content that they provide on or through our Services.

5.2 We do not endorse or make any representations or warranties of any kind with respect to any User Content and/or any statements, ideas, advice or opinions communicated on, through, or in connection with our Services (whether online, offline, orally, in writing or otherwise) by any User and/or third party, whether with respect to accuracy, completeness, truthfulness, reliability or otherwise. You acknowledge that any use of or reliance on any User Content and/or any such statements, ideas, advice or opinions is solely at your own risk.

5.3 You acknowledge that we have no obligation to review or screen any User Content and that by using our Services, you may be exposed to User Content that is inaccurate, misleading, offensive or otherwise objectionable.

5.4 Some User Content may be marked as “featured” (or marked with other similar languages) when it is provided on or through our Services. Such markings are for general informational use only and are not an endorsement, representation, or warranty of any kind by us.

5.5 We reserve the right, but have no obligation, to monitor and/or review any and all User Content and/or communications transmitted on or through our Services, to enforce or investigate potential violations of these Terms or our other policies or agreements with Users, to detect, prevent or otherwise address fraud, security or technical issues, or to otherwise administer, improve or operate our Services and/or customer support, without notice or liability, at any time at our sole discretion. We also reserve the right to access, preserve and disclose any information if we believe it is reasonably necessary to: (i) respond to claims against us or comply with any law, regulation, legal process or governmental request; (ii) enforce or administer these Terms or our other policies or agreements with Users; (iii) conduct customer support, or detect, prevent or otherwise address fraud, security or technical issues; or (iv) protect or enforce the rights, property or safety of Musawwir Kadah, you, or others.

5.6 We reserve the right to remove or refuse to display any User Content on our Services, in whole or part, if we believe that such User Content may violate these Terms, the law or any third-party rights, or for any other reason, without notice or liability, at any time at our sole discretion.

5.7 You acknowledge that you are in the best position to know if Your User Content may be used in connection with our Services. You are solely responsible for ensuring that Your User Content does not violate any law or regulation, or any right or intellectual property of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right.

5.8 By submitting, posting, publishing or otherwise providing any User Content on or through our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right and license to use, host, store, process, reproduce, distribute, publish, adapt, modify, translate, create derivative works from, publicly perform, and publicly display Your User Content, in any and all media now known or later developed, for the purposes of operating, distributing, promoting, and improving our Services, and developing new Services. You represent and warrant that: (i) you own or otherwise control all of the rights to Your User Content; and (ii) the use of Your User Content does not violate these Terms and will not violate any right of, or cause injury to, any person or entity. If you breach this warranty, you agree to indemnify Musawwir Kadah for any claim, loss, damages and costs that Musawwir Kadah might incur as a result of the said breach.

5.9 Nothing in these Terms will restrict any other rights that we may have or later obtain with respect to Your User Content, such as rights under applicable laws or other licenses.

5.10 We will not be liable or responsible for any User Content, or for any use of Your User Content by us in accordance with these Terms.

  1. SOCIAL MEDIA

6.1 As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:

  • providing your Third-Party Account login information through the Services; or
  • allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

6.2 You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that

  • we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Services via your account, including without limitation any friend lists and
  • we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

6.3 Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, the Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

6.4 We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

6.5 You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services.

6.6 You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

  1. MARKETPLACE

7.1 Our Services include an online marketplace where Users may browse, buy, bid on, list, market, offer for sale, and sell interior designing products, interior designing services, and other property. Our Services also include features that enable Users to contact and communicate with us or other Users about the property o service listed on our Services or otherwise.

7.2 Minors are not allowed to use our Services as buyers, bidders, or sellers. Any person that uses our Services to buy, bid on, list, market, offer or sell property represents and warrants that they are at least eighteen (18) years old and are otherwise able to enter into and form binding contracts under applicable law.

7.3 Users must receive our express written permission and may be required (at our sole discretion) to provide additional information and/or to meet additional eligibility requirements before they are allowed to list, market, offer or sell property on or through our Services. For example, sellers may need to complete an additional registration process. These Terms apply to sellers, but these Terms alone do not give you permission to use our Services as a seller. As an additional example, Users who may wish to bid and/or buy in auctions may also be required to provide additional documentation (including, without limitation, financial information) before being permitted to do so.

7.4 As a marketplace, unless otherwise agreed to or noted in writing, we do not own, take title to, have possession of, or sell the property listed, marketed, offered or sold on or in connection with our Services (whether online or offline). We do not sell property on behalf of the seller. All property is offered for sale and sold directly from the seller to the buyer, and we are not a party to any sale. We do not transfer and are not responsible for transferring, legal ownership or physical possession of property from the seller to the buyer.

7.5 If you submit listings for Interior Designing Products, you are selling such Products through the Services and on third-party websites and sales channels (collectively “Online Sales”) and you hereby grant Musawwir Kadah a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Original Work of Art sales via the Sales Channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Art in any form, medium or technology now known or later developed for the purpose of promoting Musawwir Kadah, the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Price (excluding Commission) as per the Sellers Agreement, which is payable only upon the sale of an Original Work of Art via the Online Sales channel of Musawwir Kadah.

7.6 Musawwir Kadah and/or its third-party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Services. The delivery of the product is made at the address provided by the purchaser on the order summary form, during business hours and according to the procedures laid down by the carrier chosen upon ordering. Seller is responsible for the packaging of the product as per the guidelines provided by Musawwir Kadah based on the product to be shipped.

7.7 As a User you may purchase Interior Designing Products that are listed by other Users on the Services. When you purchase such an Original Work of Art or Product through the Services, you are purchasing the work from the User identified on the listing for such work and not from Musawwir Kadah. Prices for Products will be as specified on the applicable listing. You acknowledge that prices include shipping and handling charges (unless specifically indicated on the Services) or applicable Taxes including value added (“VAT” ), goods and services (“GST”) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions. All additional charges if any, for which you are responsible will be separately identified on your receipt. Musawwir Kadah and/or its third-party service providers will collect your billing and shipping information and process your payment. Certain Products (including, but not limited to, oversized works and sculptures) may require additional shipping and handling charges and special arrangements. The User identified on the listing of the Original Work of Art will ship the purchased work directly to you. The terms and conditions of Musawwir Kadah’s then-current Return Policy apply to any Products that you purchase through the Services.

7.8 We do not endorse or control and are not responsible for the conduct (whether online or offline) of any buyer, prospective buyer, bidder or seller. We make no representations or warranties as to the character, reputation, policies or practices of any buyer, prospective buyer, bidder or seller. We make no representations or warranties that any buyer, prospective buyer, bidder or seller will complete any transaction or otherwise perform as promised (whether or not we collect or agree to collect payment from any buyer on behalf of any seller).

7.9 We do not endorse or make any representations or warranties of any kind, express or implied, with respect to: (i) Users’ listings on our Services or related User Content, whether as to accuracy, completeness, truthfulness, reliability or otherwise; or (ii) any property listed, marketed, offered or sold (whether online or offline) by any User and/or third party, whether as to quality, size, condition, description, provenance, attribution, authenticity, legality, merchantability, fitness for a particular purpose, or otherwise.

7.10 No statement made by any seller about any property (whether orally, in writing, on our Services or otherwise) will be considered a representation, warranty, or assumption of liability of any kind by us.

7.11 We reserve the right, at any time at our sole discretion, to refuse to list, de-list, or delay or suspend listing of any property on our Services. We will not be liable to any User for doing so.

  1. GUIDELINES FOR REVIEWS

We may provide you with areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have first-hand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

  1. GENERAL RESTRICTIONS

9.1 You agree that you will not (and will not attempt to, or assist or encourage any other person or entity to):

  • submit, post, publish or otherwise provide any User Content on or through our Services, or take any other action in connection with our Services (whether online or offline), that: (i) infringes, misappropriates or violates the rights or intellectual property of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right: (ii) violates (or encourages any conduct that would violate) any applicable local, state, national, or international law or regulation, including any tax law, consumer protection law, or law governing the export or import of data, goods, services or software; (iii) is deceptive, misleading, fraudulent, defamatory, libelous, abusive, harassing, discriminatory, hateful, malicious, inciting of violence, threatening, sexually explicit, or obscene; or (iv) impersonates or misrepresents your relationship with any person or entity;
  • create a false or misleading Musawwir Kadah account or User profile with inaccurate or untrue information;
  • use our Services to list, market, offer for sale, or sell goods or services without our express prior written permission;
  • use our Services or any Content in connection with posting or distributing spam or other unauthorized or unsolicited advertising, promotional messages, or bulk electronic communications;
  • collect information about Users (including email addresses) or send marketing email or other promotional communications to Users without their consent;
  • access our Services by any means other than the interface and instructions that we provide;
  • access, tamper with, or use non-public areas of our Services, our computer systems, or the technical delivery systems of our service providers;
  • breach, disable or circumvent any security or authentication measures on or in connection with our Services;
  • interfere with the normal operation of our Services or the access of any User, including transmitting any viruses or harmful code, flooding our Services with excessive requests or traffic, or taking any other action that creates (in our sole estimation) an unreasonable or disproportionately large load on our servers or systems;
  • decipher, decompile, disassemble, reverse engineer, or otherwise derive or extract any source code or underlying ideas or algorithms of, any of our Services;
  • adapt, modify, create derivative works from, or redistribute any of our Services without our express prior written permission;
  • use any robot, scraper, spider, or other automatic or manual process to monitor or extract data from our Services without our express prior written permission (we may also use robot exclusion headers within our Services and you agree to comply with all such headers);
  • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our Services or any Content to send altered, deceptive, or false source-identifying information;
  • mirror, frame or display any part of our Services on any other website or elsewhere without our express prior written permission;
  • use any meta-tags or other hidden text or metadata containing any Musawwir Kadah trademark, service mark, product name, or URL without our express prior written permission;
  • use any Musawwir Kadah trademark, service mark, product name, logo or URL in any way that incorrectly suggests our affiliation with or endorsement of any person, entity, event, product or service;
  • use any trademark, service mark, product name, logo, trade dress, or design that is in any way confusingly similar to any Musawwir Kadah trademark, service mark, product name, or logo, or to the look and feel of any of our Services; or
  • remove, conceal, modify or tamper with any copyright, trademark, or other proprietary marking or notice, or any digital watermark or other technical measure used to indicate the source or ownership of any image or other Content.

9.2 Without limiting other rights or remedies, we reserve the right to limit, terminate or suspend any User’s account and/or access to or use of any or all of our Services, at any time at our sole discretion, if we believe that such User is violating the rights of any third party, that such User’s conduct may be exposing us or others to legal or financial liability, or that such User is acting inconsistently with the letter or spirit of these Terms, Service Terms, and other applicable agreements with us, and we will have no liability to such User for doing so. In any case, we reserve the right to investigate and prosecute violations of these Terms to the fullest extent permitted by applicable law.

  1. MOBILE APPLICATIONS

10.1 As part of our Services, we may offer you the use of Musawwir Kadah mobile applications, including applications that may be accessed through the iTunes App Store (“iTunes-Sourced Apps”), Google PlayStore, and applications that may be accessed by other means.

10.2 Your use of our mobile applications is subject to these Terms and any applicable Service Terms that we may post on our Services or otherwise make available to you in connection with our mobile applications.

10.3 We may update any of our mobile applications without notice, at any time at our sole discretion, and these Terms will apply to any updated versions.

10.4 If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not:

  • decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
  • make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
  • violate any applicable laws, rules, or regulations in connection with your access or use of the application;
  • remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
  • use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended;
  • make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
  • use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
  • use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
  • 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 application.

10.5 The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Services:

  • the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
  • we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
  • in the event of any failure of the mobile application 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 mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
  • you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
  • you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
  • 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 Terms of Use, 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 Terms of Use against you as a third-party beneficiary thereof.

  1. OTHER WEBSITES AND SERVICES

11.1 Our Services may include links and features that enable you to access other websites or services, and other websites or services may include links to our Services.

11.2 Such links and features are for convenience only and do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by us with respect to any such websites or services, or any information, materials, goods or services on or available from any such websites or services.

11.3 You are solely responsible for, and assume sole risk arising out of, any use of or reliance on any such websites or services, or any information, materials, goods or services on or available from any such websites or services.

11.4 You acknowledge and agree that the Musawwir Kadah Parties (defined below) are not responsible and will not be liable for: (i) the accuracy or availability of any such websites or services; or (ii) any information, materials, goods or services on or available from any such websites or services.

11.5 Our Services may use Google Service and API’s to offer better user experience. By using our Google API implementation, you agree to Google’s terms of use and privacy policyas amended by Google from time to time.

11.6 You are solely responsible for reviewing any terms of use and/or privacy policies of any other websites or services to which we may link, and we assume no liability for the information contained therein.

  1. BLOCKCHAIN ACCOUNT & TRANSACTION

Musawwir Kadah provides a platform for recording the creation, transfer, or acquisition of an artwork or collectable (Item) to affirm and acknowledge that creation, custody and/or ownership for the purpose of establishing provenance. When a user submits the digital photo(s) of an Item and any additional documents to the Musawwir Kadah platform, the user will receive a certificate with a corresponding Blockchain transaction record and verified by the Verification Network.

The Blockchain network, including the Verification Network, is operated by a decentralized network of independent third parties. Musawwir Kadah has no control over the Blockchain network, including the Verification Network, and therefore cannot and does not ensure that any transaction request you submit via the Services will be confirmed via the Verification Network. The user acknowledges and agrees that the transaction requests you submit via the Services may not be completed, or may be substantially delayed, by the Verification Network.

When the user completes a transaction request via the Services, the user authorizes Musawwir Kadah to submit the transaction request to the Verification Network in accordance with the instructions provided via the Services.

12.1. Relationship. Musawwir Kadah is an independent contractor for all purposes and is not users’ agent nor trustee.

12.2. Accuracy of Information. You represent and warrant that any information you provide via the Services is accurate and complete. You acknowledge and agree that Musawwir Kadah is not responsible for any errors or omissions that users make in connection with any transaction initiated via the Services. We at Musawwir Kadah strongly encourage users to review transaction request details carefully before completing any transaction requests via the Services.

12.3. No Cancellations or Modifications. Once a transaction request has been submitted to the Blockchain network via the Services, the Verification Network will automatically complete or reject the request and you will not be able to cancel or otherwise modify your transaction request.

  1. DISCLAIMER OF WARRANTIES

13.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR OWN RISK, AND THAT OUR SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO OUR SERVICES OR ANY CONTENT, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH Musawwir Kadah AND OUR OFFICERS, OWNERS, DIRECTORS, CONSULTANTS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “Musawwir Kadah PARTIES”) EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE Musawwir Kadah PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT OUR SERVICES OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE, COMPLETE, FREE OF ERRORS, SAFE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE USE OF OUR SERVICES IN ANY WAY WILL GIVE RISE TO ANY SPECIFIC RESULTS. APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.

13.2 If the use of our Services results in the need for servicing or replacing any equipment or data, the Musawwir Kadah Parties will not be responsible for those costs or losses, and we urge you to back up your data at all times.

13.3 No advice or information (whether oral or written) obtained from the Musawwir Kadah Parties, or through our Services or any Content, will create any warranty by us not expressly stated in these Terms or in a separate written agreement between you and us.

  1. GENERAL RELEASE

14.1 We may provide rules for using our Services, but the Musawwir Kadah Parties do not endorse or control and are not responsible for the conduct (whether online or offline) of any User and/or third party on or in connection with our Services.

14.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THE Musawwir Kadah PARTIES FROM ALL CLAIMS, DEMANDS, SUITS, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN CONNECTION WITH: (i) ANY DISPUTES BETWEEN YOU AND ONE (1) OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR SERVICES; (ii) ANY USER CONTENT OR CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER OR OTHER THIRD PARTY IN ANY WAY CONNECTED WITH OUR SERVICES, INCLUDING ANY DEFAMATORY, MISLEADING, OFFENSIVE OR UNLAWFUL CONDUCT OR USER CONTENT, OR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES, YOUR ACCOUNT OR YOUR USER CONTENT AND/OR INFORMATION; (iii) ANY ARTWORK OR OTHER PROPERTY EXHIBITED, LISTED, MARKETED, OFFERED FOR SALE, OR SOLD (WHETHER ONLINE OR OFFLINE) BY ANY OTHER USER OR OTHER THIRD PARTY ON, THROUGH, OR IN ANY WAY CONNECTED WITH OUR SERVICES; OR (iv) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS (WHETHER IN PERSON, ONLINE OR OTHERWISE) BETWEEN YOU AND ONE (1) OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR SERVICES. YOU EXPRESSLY WAIVE ANY BENEFITS OR PROTECTIONS, WHETHER STATUTORY OR OTHERWISE, THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF ENTERING INTO THIS RELEASE.

  1. LIMITATION OF LIABILITY

15.1 UNDER NO CIRCUMSTANCES WILL ANY OF THE Musawwir Kadah PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, ANY PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (i) THESE TERMS; (ii) OUR SERVICES; (iii) THE USE OF OR INABILITY TO USE OUR SERVICES; (iv) ANY CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER OR OTHER THIRD PARTY ON OR IN CONNECTION WITH OUR SERVICES; OR (v) ANY CONTENT, GOODS OR SERVICES MADE AVAILABLE ON, THROUGH, OR IN ANY WAY CONNECTED WITH OUR SERVICES (WHETHER ONLINE OR OFFLINE) BY US OR ANY OTHER USER OR OTHER THIRD PARTY. UNDER NO CIRCUMSTANCES WILL OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR OUR SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE TOTAL AMOUNT YOU PAID US (IF ANY) TO USE OUR SERVICES IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO SUCH LIABILITY.

15.2 THE EXCLUSIONS AND LIMITATIONS OF LIABILITY PROVIDED ABOVE IN SUBSECTION 13.1 APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ANY OF THE Musawwir Kadah PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, AND EVEN IF A REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS PROVIDED ABOVE IN SUBSECTION 13.1 MAY NOT APPLY TO YOU, IN WHICH CASE THE LIABILITY OF THE Musawwir Kadah PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  1. INDEMNIFICATION

16.1 You agree to indemnify, defend, and hold harmless Musawwir Kadah and our officers, directors, agents, and employees from and against any and all third-party claims, demands, suits, and proceedings, and all related damages, losses, judgments, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your breach of any of these Terms, Service Terms, and other applicable agreements with us (including any term or condition incorporated into these Terms by reference); (ii) Your User Content; (iii) any misrepresentation made by you; or (iv) your violation of any law or the rights of any third party, including any intellectual property right, privacy right, or publicity right.

16.2 We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate as fully as reasonably required by us in conducting such defense. In any case, you agree not to settle any such matter without our prior written consent. Your indemnification and defense obligations provided in these Terms will survive these Terms and your use of our Services.

  1. CHOICE OF LAW AND DISPUTE RESOLUTION

17.1 You agree that all claims or disputes you have against us arising out of or related to these Terms or our Services must be resolved exclusively by the Courts of Pakistan located in Pakistan, whether or not any third parties are involved. You agree to submit to the personal jurisdiction of and agree that the venue is proper in, the courts located in Pakistan, for the purpose of litigating all such claims or disputes, and you expressly waive any objection as to inconvenient forum.

17.2 These Terms, the rights and obligations of you and us under these Terms, and all claims or disputes that might arise between you and us, will be governed by and construed in accordance with the laws of Pakistan, and, to the extent applicable, the laws of Pakistan, excluding any conflict of laws principles, and without regard to your jurisdiction of residence.

17.3 You agree that regardless of any law to the contrary, each claim you might have against us arising out of or related to these Terms or our Services must be filed within the applicable statute of limitations, or one (1) year after such claim arose, or else such claim will be permanently barred.

17.4 Nothing in these Terms will prevent us from seeking injunctive or other equitable relief in any jurisdiction.

  1. INTERNATIONAL USE

18.1 Our Services are based in Pakistan and we do not represent or warrant that our Services will be appropriate or available for use outside Pakistan.

18.2 If you are located outside Pakistan, you agree to ensure that your access to and use of our Services complies with all applicable local, state, national, and international laws and regulations, including any laws and regulations governing the import or export of data, goods, services or software.

18.3 You must not access or use our Services if any applicable local, state, national, or international law or regulation prohibits you from receiving products or services originating from Pakistan.

  1. CHANGES TO OUR SERVICES

19.1 Our Services are updated frequently, and their form and functionality may change without notice. We reserve the right to change, modify, add, remove or discontinue any and all of our Services (and/or the appearance, design, functionality, and all other aspects of any and all of our Services), in whole or part, temporarily or permanently, with or without notice, for any reason or no reason, at any time at our sole discretion.

19.2 We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to our Services, including any loss of business or the ability to use any product, service or Content.

  1. CHANGES TO THESE TERMS

20.1 Our business changes with time, and these Terms will change also. We reserve the right to change these Terms, including the right to change, modify, add or remove any part of these Terms, without prior notice, at any time at our sole discretion.

20.2 All changes to these Terms will be effective when posted on our Services, or at such later date as may be specified in the updated Terms.

20.3 By continuing to use our Services after any changes to these Terms become effective, you agree to such changes and the updated Terms.

20.4 You agree that we may notify you of any changes to these Terms by posting the updated Terms on our Services, and you agree to review these Terms regularly and inform yourself of all applicable changes.

20.5 If you do not agree to any changes made by us to these Terms, you will no longer be permitted to use our Services.

20.6 Changes to these Terms will not apply to any claim or dispute that arose before such changes became effective, all of which will remain subject to the version of these Terms in effect at the time that such claim or dispute arose.

20.7 We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to these Terms, including any loss of business or the ability to use any product, service or Content.

  1. TERMINATION

21.1 You may stop using our Services at any time, subject to any other agreements between you and us.

21.2 Regardless of any other statement in these Terms, we reserve the right to terminate these Terms, to terminate your account (if you have an account), and/or to limit, terminate or suspend your access to or use of any or all of our Services, at any time at our sole discretion, without notice or liability, for any reason or no reason, including if you violate the letter or spirit of these Terms, Service Terms, and other applicable agreements with us.

21.3 After any termination of these Terms and/or any termination of your access to or use of our Services, the following will survive and remain in full force and effect: (i) all outstanding obligations you may have to us under these Terms or otherwise; (ii) all remedies for breach of these Terms; and (iii) the following sections of these Terms: 3 (Ownership), 5 (User Content and Communications), 7 (Marketplace), 11 (Other Websites and Services), 13 (Disclaimer of Warranties), 14 (General Release), 15 (Limitation of Liability), 16 (Indemnification), 17 (Choice of Law and Dispute Resolution), 18 (International Use), 19 (Changes to our Services), 20 (Changes to these Terms), 21 (Termination), and 23 (Miscellaneous).

  1. PROMOTIONS

22.1 We may offer or conduct promotions, sweepstakes or contests (“Promotions”) on or in connection with our Services from time to time, by ourselves or in conjunction with third parties.

22.2 Your participation in Promotions is subject to these Terms and any official rules that we may post on our Services or otherwise make available to you in connection with Promotions (“Promotion Rules”). If any Promotions have Promotion Rules that conflict with these Terms, those Promotion Rules shall prevail to the extent of the conflict as relates to those Promotions.

  1. MISCELLANEOUS

23.1 These Terms, including our Privacy Policy and Service Terms, other applicable agreements with us, and any other terms and conditions incorporated into these Terms by reference, together with any other written agreements that you may enter into with us regarding our Services, constitutes the entire agreement and understanding between you and us regarding our Services and supersedes any other communications, representations or understandings.

23.2 If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, that provision will be enforced to the maximum extent permitted, and these Terms will otherwise remain in full force and effect.

23.3 No delay or failure by us to exercise or enforce any right or provision of these Terms will be considered a waiver. No right or remedy under these Terms will be considered waived by us unless the waiver is in writing and signed by a Musawwir Kadah representative who intends and is duly authorized to agree to the waiver on our behalf. No single or partial exercise by us of any right or remedy under these Terms will prevent us from exercising any other right or remedy.

23.4 These Terms will be binding on your successors and assigns, but you are not allowed to assign, transfer or sublicense these Terms or any right or obligation under these Terms without our prior written consent. These Terms, and all rights granted to or reserved by us under these Terms, will benefit and be enforceable by our successors and assigns.

23.5 There are no third-party beneficiaries to these Terms except as expressly provided in these Terms.

23.6 You and we are independent contractors under these Terms. No agency, partnership, joint venture, employment, sales representative, or franchise relationship is created or implied by these Terms or your use of our Services.

23.7 Nothing in these Terms will prevent us from complying with any applicable law or regulation.

  1. HOW TO CONTACT US

24.1 If you have questions about these Terms or our Services, please email us at: info@musawwirkadah.com.

24.2 Musawwir Kadah is located at: 347/3, Street 7A, Sector B, Phase 6, DHA Lahore.

  1. EFFECTIVE DATE

These Terms are effective August 29, 2022.