These terms and conditions contain legal
obligations. please read these terms and conditions carefully before using our
site.
Introduction
Welcome to GPakistan.com. By using our Website, or
any of the products or services (collectively the "Services") available
through our website, you agree, without limitation or qualification, to be
bound by these terms and conditions and such other additional or alternative
terms, conditions, rules and policies which are displayed or to which you may
be directed in connection with any particular Service, all as may be modified
by GPakistan.com from time to time in its sole discretion (collectively the
"Terms and Conditions").
If you do not agree with these Terms and
Conditions, you may not use a this Site or any of the Services on the Site.
Please note that we reserve the right, at our
discretion, to change, modify, add, or remove portions of these Terms and
Conditions at any time. Please check periodically for changes. Your continued
use of this Site following the posting of any changes to these Terms and
Conditions will mean you accept those changes.
Privacy
For information on how user information is
collected, used and disclosed by GPakistan.com in connection with your use of
this website and any of the services provided, please consult our “Privacy
Policy” section.
Limitation
of Liability
You expressly understand and agree that in no event
shall GPakistan.com or Universal Web Modules, including its affiliates and
licensors, be liable for any damages whatsoever, including any direct,
indirect, incidental, consequential, special or exemplary damages, and any
damages for loss of profits, savings, goodwill or other intangible losses,
regardless of whether you had been advised of or could have foreseen the
possibility of such damages, arising out of or in connection with: (a) the use,
inability to use or performance of any of the services of this website, or (b)
any unauthorized access to or modification to any of your content or
transmissions, or (c) any other matter relating to this website or any of the
services.
You expressly acknowledge that GPakistan.com has
entered into this agreement, and has and will make this Website, Content and
Services available to you in reliance upon the limitations and exclusions of
liability and the disclaimers set forth herein, and that the same form an
essential basis of the bargain between you and GPakistan.com.
You expressly agree that the limitations and
exclusions of liability and the disclaimers set forth herein will survive, and
continue to apply in the case of, a fundamental breach or breaches, the failure
of essential purpose of contract, the failure of any exclusive remedy or termination
of this agreement.
Governing
Law/Jurisdictional Issues
This Site and Services are controlled, operated and
administered by GPakistan.com from its office within Canada. These Terms and
Conditions shall be interpreted, construed and governed by the laws in force in
the Province of Alberta, Canada, without reference to its conflict of laws
principles. Subject to the Arbitration and Actions paragraph below, each party
hereby agrees to submit to the jurisdiction of the courts of the Province of
Alberta and to waive any objections based upon venue. The United Nations
Convention on Contracts for the International Sale of Goods does not apply to
these Terms and Conditions.
Arbitration
and Actions
Any controversy, claim or dispute arising out of or
relating to these Terms and Conditions, your use of this Website or Service or
the relationship which results from these Terms and Conditions, including
without limitation, the performance, breach, enforcement, existence or validity
of the matters provided for in these Terms and Conditions which cannot be
amicably resolved, even if only one of the parties declares that there is a
difference (collectively, a "Claim"), will be referred to and finally
settled (to the exclusion of the courts) by private and confidential binding
arbitration before a single arbitrator held in Calgary, Alberta in English and
governed by Alberta law pursuant to the Arbitration Act, as amended, replaced
or re-enacted from time to time. The arbitrator shall be a person who is
legally trained and who has experience in the information technology field in
Canada and is independent of either party. Any such Claim shall be arbitrated
on an individual basis, and shall not be consolidated in any arbitration with
any claim, controversy or dispute of any other party. You agree to waive any
right you may have to commence or participate in any class action against us
related to any Claim and, where applicable, you also agree to opt out of any
class proceedings against us. Notwithstanding the foregoing, we reserve the
right to pursue the protection of intellectual property rights and confidential
information through injunctive or other equitable relief through the courts.
Termination
You acknowledge and agree that GPakistan.com or
Universal Web Modules, in its sole and absolute discretion, may, without notice
to you, suspend or terminate your account or your use of, or access to, this Website
or any of the Services, and remove and discard any information or content
related to this Website or any of the Services (and your use thereof), for any
reason, including where GPakistan.com believes that you have violated any of
these Terms and Conditions. You further agree that GPakistan.com or Universal
Web Modules, shall not be liable to you or to any other person as a result of
any such suspension or termination. If you are dissatisfied with this website
or any of the Services or with any terms, conditions, rules, policies,
guidelines, or practices of GPakistan.com or Universal Web Modules in operating this Site or any of the Services,
your sole and exclusive remedy is to discontinue using this Site or any of the
Services.
General
Provisions
This agreement is personal to you, and you may not
assign your rights or obligations to anyone. These Terms and Conditions
constitute the entire agreement between GPakistan.com and you pertaining to
your use of this Website, Services, Product and Content and supersede any prior
agreements between you and GPakistan.com with respect to the subject matter hereof.
GPakistan.com ´s failure to insist upon or enforce strict performance of any
right or provision of these Terms and Conditions shall not constitute or be
construed as a waiver of any right or provision. If any of the provisions (or
parts thereof) contained in these Terms and Conditions are determined to be
void, invalid or otherwise unenforceable by a court of competent jurisdiction,
such determination shall not affect the remaining provisions (or parts thereof)
contained herein. No changes to these Terms and Conditions shall be made except
by a revised posting on this page or except as otherwise expressly contemplated
herein. The parties have required that these Terms and Conditions and all
documents relating thereto be drawn up in English.
