Privacy Policy
are agreeing to comply with and be bound by the following terms and conditions
of use which, together with our privacy policy, govern Broncoo's relationship with
you in relation to this website. If you do not agree with any part of the
website, please do not access this site.
By registering on our website you
agree to the following:
● You will provide true, accurate, current and complete information
about yourself as prompted by Broncoo's registration form (the
"Registration Data")
● Your store name shall not include
the word "Broncoo"
Broncoo may (in its sole
discretion and at any time), make any inquiries it considers necessary (whether
directly or through a third party), and request that you provide it with
further information or documentation, including without limitation to verify
your identity and/or ownership of your financial instruments. Without limiting
the foregoing, if you are a business entity or registered on behalf of a
business entity such information or documentation may include your trade
license, other incorporation documents and/or documentation showing any
person's authority to act on your behalf. You agree to provide any information
and/or documentation to Broncoo upon such requests. You acknowledge and agree
that if you do not, Broncoo without liability may limit, suspend or withdraw
your access to the Site and/or your membership of the Site. We also reserve the
right to cancel unconfirmed / unverified accounts or accounts that have been
inactive for a long time.
The use of this website is
subject to the following terms of use:
●
The content of the pages of this website is for solely for the purpose of
providing product information. It is subject to change without notice.
● Trademarks:
All trademarks reproduced in this website which are not the property
of, or licensed to, the operator are acknowledged on the website. "Broncoo"
and related logos, and other words and logos on the site are either
unregistered trademarks or registered trademarks of Broncoo and are protected
by international trademark and other intellectual property rights and laws. Broncoo's
trademarks may not be used in connection with any product or service that is
not Broncoo's nor in any manner that disparages or discredits Broncoo. All
other trademarks not owned by Broncoo that appear on the Site are the property
of their respective owners, who may or may not be affiliated with, connected
to, or sponsored by Broncoo.
● Copyright:
All content included on the Site, including but not limited to text,
graphics, logos, button icons, images, audio clips, digital downloads, data
compilations and software, is the property and copyright work of either Broncoo,
its users, its content suppliers or its licensors and is protected by
copyright, trademarks, patents or other intellectual property rights and laws.
The compilation of the content on the Site is the exclusive property and
copyright of Broncoo and is protected by copyright, trademarks, patents or
other intellectual property rights and laws.
●
Unauthorized use of this website may give rise to a claim for damages and/or be
a criminal offence.
● Our
website: Your use of this website and any dispute arising out of such
use of the website is subject to the laws of Pakistan. Your use of any
information or materials on this website is entirely at your own risk, for
which we shall not be liable. It shall be your own responsibility to ensure
that any products, services or information available through this website meet
your specific requirements.
● Privacy:
All the information provided the buyers and sellers are strictly
confidential in accordance with the applicable laws and regulations of
Pakistan.
● Your
Information: You grant Broncoo a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use
any information or material, personal or otherwise, that you provide to us or
other users of the Site and/or post on the Site in the registration, bidding,
buying, listing or selling process, in the feedback area or through any e-mail
or by way of any other feature or use of the Site (the "Information")
for the purposes of operating and promoting the Site in accordance with this
User Agreement and the Privacy Policy . You are solely responsible for the
Information, and we act as a passive conduit for your online distribution and
publication of the Information.
● Taxes:
You shall be responsible for payment of all fees/costs/charges
associated with the purchase of products from the site and you agree to bear
any and all applicable taxes as per prevailing law.
● Loss:
We will not be responsible for any business or personal losses
(including but not limited to loss of profits, revenue, contracts, anticipated
savings, data, goodwill, or wasted expenditure) or any other indirect or
consequential loss that is not reasonably foreseeable to both you and us when
you commenced using the site.
● Warranty
& Return: Check our policy at https://broncoo.com/return-exchange/
● Pricing:
All prices are listed in Pakistani Rupees and are inclusive of GST,
and are listed on the site by the seller that is selling the product or
service. Items in your Shopping Cart will always reflect the most recent price
displayed on the item's product detail page. In the event that an item is
mispriced, we may, at our own discretion, either contact you for instructions
or cancel your order and notify you of such cancellation.
● Availability
and Order Processing: all the items present on the site are available.
As we process your order, in case of any mishap you will be informed by e-mail
or SMS if any products you order turn out to be unavailable.
●
In order to avoid any fraud with credit or debit cards, we reserve the right to
obtain validation of your payment details before providing you with the product
and to verify the personal information you shared with us. This verification
can take the shape of an identity, place of residence, or banking information
check. The absence of an answer following such an inquiry will automatically
cause the cancellation of the order within a reasonable timeline.
● Waiver:
You acknowledge and recognize that we are a private commercial
enterprise and reserve the right to conduct business to achieve our objectives
in a manner we deem fit. You also acknowledge that if you breach the conditions
stated on our site and we take no action, we are still entitled to use our
rights and remedies in any other situation where you breach these conditions.
● Licensing:
Content provided on this site is solely for informational purposes. This site
or any portion of it (including but not limited to any copyrighted material,
trademarks, or other proprietary information) may not be reproduced,
duplicated, copied, sold, resold, visited, distributed or otherwise exploited
for any commercial purpose without express written consent by us as may be
applicable. You may not frame or use framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text, page
layout, or form) without our express written consent.
● Electronic
Communications: You agree that we may communicate with you by email or
by posting notices on the Site. 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. Broncoo
requires your agreement during the registration process to send you promotional
emails to let you know about any new changes, features or promotional
activities added to the Site. If, at any time, you decide that you do not wish
to receive promotional emails, you can opt out of receiving such promotional
emails by clicking on the link at the bottom of any promotional email.
●
Fees and Services: Broncoo
is not an auction house nor a bank, and does not offer auction or banking
services. The Site is an online platform allowing for the sale and purchase of
items between end-user sellers and buyers. Membership on the Site is free. Broncoo
does not charge any fee for browsing, bidding and buying listed items on the
Site. Broncoo charges transaction fees to all sellers when their item is
successfully sold on the Site, listing fees for classifieds and special listing
fees to sellers who use the special listing feature for listing their items.
Sellers must pay all fees due and payable to Broncoo after a successful sale
and in the case that a buyer does not complete the transaction, the seller may
seek a refund of the relevant transaction fees from Broncoo by submitting an
online no-sale claim. Before you list an item for sale through the Site, we
request you to review the fees that you will be charged based on our Fees &
Credit Policy which we may amend from time to time with immediate effect by
posting the changes on the Site. Broncoo may choose to temporarily change the
fees for our services for promotional events (for example, free shipping days)
or new services, and such temporary changes are effective in accordance with
their terms when we post them on the Site. Unless otherwise stated, all fees
shall be quoted in your country's currency. You must pay all fees payable to Broncoo
(and any applicable taxes or charges) within 30 days of the date of any invoice
to you from Broncoo with a valid payment method as set out in our Fees &
Credit Policy. In case of non-payment of fees and/or any applicable taxes and
charges by you to Broncoo, without prejudice to any other rights and remedies
of Broncoo under this User Agreement or at law, Broncoo without liability
reserves the right to:
● Issue
you with a warning regarding the non-payment in question.
● Temporarily
or indefinitely suspend, limit or withdraw your access to the Site and/or your
membership, if you fail to make the outstanding payment within 7 calendar days
of Broncoo issuing a warning to you.
● Broncoo
also reserves the right to take any necessary steps including legal action in
case of non-payment of fees by you to Broncoo
● Invoice
you for a fixed late payment fee (as set out in our Fees and Credit Policy from
time to time).
● Take
any steps Broncoo considers necessary including without limitation legal action
for recovery of the outstanding fees and/or any applicable taxes and charges.
●
Undeliverable Items: Broncoo and its affiliates shall have the right to
discard, destroy, liquidate or auction and as it may deem appropriate any of
the Sellers goods/Items within sixty (60) days after receipt by the Courier
Company in the event of those goods/Items are being returned/undelivered from
the Customers for any reason, provided that the Seller has been notified of the
said return of the Items/Goods by email to his email address provided by the
Seller and in the event that the Seller did not arrange for the pickup of the
these returned items/goods . This clause shall be considered as an explicit
authorization to Broncoo to destroy and/or liquated any of the items/goods
mentioned above and shall be without any objection from the Sellers and without
any liability to Broncoo. Furthermore, Broncoo is also authorized to deduct any
fees or costs that might be incurred through the disposition and/or liquidation
of the above which shall be claimed and/or deducted from the account of the
Seller.
●
Abusing Broncoo: Please report problems of any kind or violations of this User
Agreement to Broncoo. If you believe that your intellectual property rights
have been violated, please notify Broncoo. Without prejudice to any other
rights and remedies of Broncoo under this User Agreement or at law, Broncoo may
limit, suspend or withdraw a user's access to the Site and/or a user's
membership of the Site or remove hosted content. Also Broncoo can choose to
take other technical and/or legal steps against users who create problems or
possible legal liabilities of any kind, who infringe the intellectual property
rights of third parties or who act inconsistently with this User Agreement or
our policies.
While using the Site, you will not:
● post Information or content or
list items in an inappropriate category or areas on our Site;
● post items you do not have a right to
link to or include;
● post items that are concurrently listed
for sale on a website other than the Site;
● post Information that is (in our sole
discretion) false, fraudulent, inaccurate, misleading, libellous, defamatory,
slanderous, unlawfully threatening or would be reasonably considered to
constitute harassment;
post comments, questions or answers that are not factual in nature including
without limitation make any racist comments, use profanity, abuse another user,
disrespect another's culture or make any other derogatory or inappropriate
comments;
● post counterfeit or stolen items;
● post Information or items which infringe
any third party's intellectual property rights, other proprietary rights or
right to privacy;
● post obscene Information or content,
including but not limited to pornography or any representation which may (in
our sole discretion) be considered indecent;
● post Information or content which may (in
our sole discretion) constitute offensive or critical political content or
content that is contrary to the public interest;
● post any Information or content or list
items which may (in our sole discretion) be considered culturally or
religiously offensive in any way;
● post any Information or content or list
items which (in our sole discretion) may not be considered to be in compliance
with general Islamic Shariah law, rules, morals, values, ethics and traditions;
● post Information or content or list items
which may (in our sole discretion) threaten national security;
● post Information or content or list items
which may (in our sole discretion) constitute or be considered to promote
gambling;
● use "keyword spamming" in
listing items for sale (when you place brand names or other inappropriate
keywords in a title or description for the purpose of gaining attention or
diverting members to a listing);
● fail to deliver payment for items
purchased by you, unless the seller has materially changed the item's
description or related matters after you bid, a clear typographical error is
made, or you cannot authenticate the seller's identity;
● fail to deliver items purchased from you,
unless the buyer fails to meet the posted terms, or you cannot authenticate the
buyer's identity;
● attempt to conclude transactions relating
to an auction or offer for sale on the Site (including by cancelling an auction
or offer of sale) outside of the Site;
use contacts made by buying or selling on the Site to solicit (including by
email or otherwise) sales on other items directly and/or from another website;
● claim an item was not sold when in Broncoo's
sole discretion the item was sold in accordance with this User Agreement and
the Site's policies;
in case of purchase of/placing a successful bid for an artwork which is marked
as "non-exportable" on the Site you agree that the artwork shall not
be exported out of the United Arab Emirates or otherwise dealt in any such
manner which shall be in contravention of any applicable laws and regulations
for the time being in force;
● manipulate or attempt to manipulate the
Site in any way including the prices of any item or services on the Site
(either alone or in conjunction with other users);
● circumvent or manipulate our fee structure,
the billing process, or fees owed to Broncoo;
● take any action that may undermine the
Site's feedback and ratings systems (including but not limited to the display,
import or export of feedback information off the Site or use of such information
for purposes unrelated to Broncoo);
● transfer your Site account (including
feedback) and username to another party without our consent;
● distribute or post spam, unsolicited or
bulk electronic communications, chain letters, or pyramid schemes;
● distribute viruses, Trojan horses, worms,
time bombs, cancelbots, Easter eggs or other computer programming technologies
that may harm the Site, or the interests or property of the Site's users;
● create liability for us or cause us to
lose (in whole or in part) the services of our ISPs or other suppliers;
● take any action that imposes or may impose
(in our sole discretion) an unreasonable or disproportionately large load on
our infrastructure;
● interfere or attempt to interfere with the
proper working of the Site;
attempt to take over another user's account or carry out any hacking or
phishing of the Site or user accounts and related features;
● export or re-export any Site tools except
in compliance with the export control laws of any relevant jurisdictions;
● copy, modify, or distribute any content
from the Site or otherwise infringe ● the
Site's copyright material and/or trademarks in any way;
● violate any laws, rules, regulations,
guidelines, third party rights or our policies;
● abuse Broncoo's Shipping Policy , MyWallet
Policy , Listing Policy , or any of Broncoo's other policies or terms and
conditions posted on the Site from time to time;
● directly or indirectly, offer, attempt to
offer, trade in, attempt to trade in, or include descriptions or links to any
of the following items:
securities, including shares, bonds, debentures, or any other financial
instruments or assets of any description;
● living or dead creatures and/or the whole
or any part of any animal which has been kept or preserved by any means whether
artificial or natural including rugs, skins, specimens of animals, antlers,
horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products
of any description the sale and purchase of which is prevented or restricted in
any manner by applicable laws;
weapons of any description;
● liquor, tobacco products, drugs,
psychotropic substances, narcotics, intoxicants of any description, medicines,
palliative/curative substances;
antiquities and art treasures as defined in applicable laws pertaining to
antiquities and national treasures;
● used cellular phone SIM Cards, except if
the transaction is in accordance with the local operators' rules pertaining to
transfer of ownership of the same;
items that to your knowledge are defective, fake, damaged, false or misleading
or that may through normal use harm another Site user's interest or health;
any items identical to other items you have up for auction but which are priced
lower than your other items' price, the reserve price of such other item /
minimum bid amount;
● fresh food;
You agree and undertake not to
perform restricted activities listed within this section; undertaking these
activities will result in an immediate cancellation of your account, services,
reviews, orders or any existing incomplete transaction with us and in severe
cases may also result in legal action:
● Refusal to comply with the Terms and
Conditions described herein or any other guidelines and policies related to the
use of the site as available on the site at all times.
● Impersonate any person or entity or to
falsely state or otherwise misrepresent your affiliation with any person or
entity.
● Use the site for illegal purposes.
● Attempt to gain unauthorized access to or
otherwise interfere or disrupt other computer systems or networks connected to
the Platform or Services.
● Interfere with another’s utilization and
enjoyment of the site.
● Post, promote or transmit through the site
any prohibited materials as deemed illegal by The People's Republic of
Pakistan.
● Use or upload, in any way, any software or
material that contains, or which you have reason to suspect that contains, viruses,
damaging components, malicious code or harmful components which may impair or
corrupt the site’s data or damage or interfere with the operation of another
Customer’s computer or mobile device or the site and use the site other than in
conformance with the acceptable use policies of any connected computer
networks, any applicable Internet standards and any other applicable laws.
Platform for
Communication
The Site is only a platform for
communication whereby users may meet and interact with one another for the
purpose of the sale and purchase of items. Broncoo does not buy or sell items. Broncoo
is not and cannot be a party to or control in any manner any transaction
between two users of the Site and cannot guarantee that a buyer or seller will
complete a transaction or accept the return of an item or provide any refund
for the same. You will not hold Broncoo responsible for other users' content,
actions, or inactions, or items or Information they list or post. In
particular:
● Broncoo is not responsible for any
non-performance or breach of any contract entered into between users and does
not transfer legal ownership of items from the seller to the buyer. The
contract for sale of any item shall be a strictly bipartite contract between
the seller and the buyer. At no time shall any right, title or interest over
any item vest with Broncoo nor shall Broncoo have any obligations or
liabilities in respect of such item or the contract between the buyer and
seller.
● Broncoo is not responsible for
unsatisfactory or delayed performance, losses, damages or delays as a result of
items which are unavailable.
● Broncoo is not required to mediate or
resolve any dispute or disagreement between users.
● Broncoo has no control over and does not
guarantee the quality, safety or legality of items advertised, the truth or
accuracy of users' content or listings, the ability of sellers to sell items,
or the ability of buyers to pay for items.
● Broncoo does not make any representation
or warranty as to the attributes (including but not limited to quality, worth
or marketability) of the items proposed to be sold or purchased on the Site. In
particular, Broncoo does not implicitly or explicitly support or endorse the
sale or purchase of any items on the Site, nor is Broncoo a supplier or
manufacturer of any items sold by users or purchased by users.
● Broncoo does not make any representation
or warranty as to the attributes (including but not limited to legal title,
creditworthiness, or identity) of any of its users.
● The Site may include links to third party
websites that are controlled by and maintained by others. Broncoo cannot accept
any responsibility for the materials or offers for goods or services featured
on such websites and any link to such websites is not an endorsement of such
websites or a warranty that such websites will be free of viruses or other such
items of a destructive nature and you acknowledge and agree that Broncoo is not
responsible for the content or availability of any such sites. However you
acknowledge and agree that you may not include links in any user-posted content
on the Site.
● Users shall independently agree upon the
manner and terms and conditions of delivery, payment, and insurance as between
each other and Broncoo holds no responsibility in respect of such arrangements.
● Broncoo accepts no liability for any
errors or omissions, whether on behalf of itself or third parties.
● Broncoo excludes all implied warranties,
terms and conditions and is not liable for any loss of money, goodwill or
reputation, or any special, indirect or consequential damages arising directly
or indirectly, out of your use of or your inability to use the Site.
● You release and indemnify Broncoo and/or
any of its officers and representatives in respect of any claim, demand,
dispute, cost, damage, liability or other consequence (direct or indirect) of
any of the actions of the users of the Site and you specifically waive any
claims that you may have in this behalf under any applicable law.
Limitation of Liabilities
To the extent permitted by law, Broncoo,
its officers, employees, agents, affiliates and suppliers shall not be liable
for any loss or damage whatsoever whether direct, indirect, incidental,
special, consequential or exemplary, including but not limited to, losses or
damages for loss of profits, goodwill, business, opportunity, data or other
intangible losses arising out of or in connection with your use of the Site,
its services or this User Agreement (however arising, including negligence or
otherwise and whether or not Broncoo has been advised of the possibility of
such losses or damages).
If you are dissatisfied with the
Site or any content or materials on it, your sole exclusive remedy is to
discontinue your use of it. Further, you agree that any unauthorized use of the
Site and its services as a result of your negligent act or omission would
result in irreparable injury to Broncoo and Broncoo shall treat any such
unauthorized use as subject to the terms and conditions of this User Agreement.
Indemnity
You agree to indemnify and hold Broncoo
and its affiliates, officers, employees, agents and suppliers harmless from any
and all claims, demands, actions, proceedings, losses, liabilities, damages,
costs, expenses (including reasonable legal costs and expenses), howsoever
suffered or incurred due to or arising out of your breach of this User Agreement,
or your violation of any law or the rights of a third party.
Relationship and Notice
None of the provisions of this
User Agreement shall be deemed to constitute a partnership or agency between
you and Broncoo and you shall have no authority to bind Broncoo in any manner
whatsoever.
Except as explicitly stated
otherwise, any notices to Broncoo from you shall be given by you by email to Broncoo
at info@Broncoo.com.com with a physical copy sent to us by mail or courier,
such notice deemed given on confirmation of its receipt to you by Broncoo by
return email. Any notices to you from Broncoo shall be given by notices posted
on the Site or by email to the email address you provide to us during the
registration process and shall be deemed to be received by you 48 hours after
any such email is sent. Alternatively, we may give you notice by mail or
prepaid shipping to the address provided to us during the registration process.
In such case, notice shall be deemed given 7 days after the date of mailing.
Transfer of Rights and
Obligations
You hereby grant Broncoo the
right to, and irrevocably acknowledge and agree that Broncoo may at any time,
transfer all or any part of its rights, benefits, obligations or liabilities
(whether express or assumed) under this User Agreement to any of its affiliates
without requiring your further specific agreement. Broncoo agrees to use all
reasonable endeavors to provide notice to you of any transfer by way of a
posting on the Site. You may not at any time, without the prior written consent
of Broncoo, transfer all or any part of your rights, benefits, obligations or
liabilities (whether express or assumed) under this User Agreement without the
prior written consent of Broncoo.
General
If any clause of this User
Agreement shall be deemed invalid, void or for any reason unenforceable, such
clause shall be deemed severable and shall not affect the validity and
enforceability of the remaining clauses of this User Agreement. This User
Agreement (as amended from time to time in accordance with the terms of this
User Agreement) sets forth the entire understanding and agreement between you
and Broncoo with respect to the subject matter hereof.
No person who is not a party to
this User Agreement shall have any right to enforce any term of this User
Agreement. If this User Agreement is translated into any language other than
English, whether on the Site or otherwise, the English text shall prevail.
Governing Law
This User Agreement is governed
by, and construed in accordance with, Pakistan law. This clause will survive
any expiry or cancellation of this User Agreement for any reason.