Terms and Conditions
Welcome to mercantile.com.pk (“Platform”). The Platform is owned and operated by Mercantile Pacific Asia Pte. Ltd. (“We/ We/ Us”). Our principal place of business is at the address specified at https://www.mercantile.com.pk/pages/contact-us
The Terms and Conditions shall comprise of the following:
These Terms and Conditions (“Terms”) governs your usage of the website.
Acceptance of the Terms
- For the purposes of these Terms, the term Platform shall also include associated software, web interface, Application Programming Interface (“API”), processes, network and the ancillary services associated with the Platform.
Definition and Interpretation
- Capitalised terms highlighted in italics and bold shall have the meaning ascribed to them in these Terms.
Unless expressly contradicted or otherwise qualified, (i) all references to a person also refer to that person’s successors and permitted assigns, including permitted transferees; (ii) all references to and definitions of any agreement, instrument or statute herein or in any agreement or instrument referred to herein mean such agreement, instrument or statute, as from time to time may be amended, modified, supplemented or restated, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes and references to all attachments thereto and instruments incorporated therein; and (iii) the headings and titles in the Terms are indicative and shall not be deemed part of the Terms or taken into consideration in the construction of the Terms.
- Notwithstanding anything contained herein:
- the Terms shall be read along with the provisions of any other agreement or documents executed with respect to the Services between You and Us (“Ancillary Terms”). The Ancillary Terms shall be harmoniously construed with the provisions of these Terms; and
- the terms shall not be applicable in the event, You and Us, execute any agreement/ document, not related to the Services.
You confirm that you are:
- above 18 (Eighteen) years of age, or above the age of majority as per the applicable laws in your jurisdiction;
- not of unsound mind and do not suffer from any infirmity which, as per applicable laws, does not entitle you to give your consent to these Terms; and
- not prohibited by applicable laws or any contract, from accepting these Terms.
PART A – USAGE TERMS
- Use of the Platform
You shall use the Platform solely for the purpose of availing the Services. You shall not use the Platform:
- For a purpose prohibited under applicable laws;
- Copy any document, picture or in general any content on the Platform;
- Reverse engineer the executable programs or codes on the Platform;
- For an illegal purpose;
- To cause any interference to the use of Platform by other person;
- To introduce any virus or software causing damage to the Platform;
- Violate any intellectual property rights pertaining to any third party, or owned by/ licensed to Us;
- By acting in a manner which is defamatory, libellous, threatening, or causing harassment to any person including (a) Us, our employees, agents, representatives, consultants or any other person associated with Us; (b) other users of the Platform; or (c) any other person who may or may not be associated with the Platform either as a user or a service provider.
- Engage in any fraudulent activities;
- Use any electronic means to download any data, access any information which you are not authorised to access under the Terms; or
- Any other purpose which is impliedly or expressly barred under the Terms.
Use of the Platform
- Subject to your adherence to the Terms, We hereby grant You the right to use the Platform, specifically to available the Services and all matter ancillary to the same.
- You shall not use the Platform through any interface not permitted by Us.
- In order to avail Services, you shall be required to open your account on the Platform. In order to open the account, You shall be required to provide your name, gender, age, height, weight, email address and mobile number (optional field) for registration.
- You shall have the right to open only one account. You shall ensure and confirm that the account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your account information on the Platform. In the event we have a reason to believe that you have provided inaccurate, wrong, or non - current details; or have opened multiples accounts, we shall have the right to delete your account/s or deny access to the said accounts. Provided we will notify you before deleting or blocking your access to the said accounts.
- You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Us of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. We will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by Us or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.
- You understand, acknowledge and confirm that the Account should be created on individual basis. You shall not be entitled to use the account of any other person to avail Services from the Platform. Use of any other person’s account for availing Services is expressly prohibited.
You may review the procedure of the Services at by browsing through our website.
Representation and Warranties
- By accessing the Platform, you represent and warrant to Us, as follows:
- You are not barred under applicable laws or contract from agreeing to these Terms;
- You will abide by these Terms and the terms and conditions applicable by implications, arising from the use of the Platform, the purchase of Products; and
- You will abide by these Terms and the terms and conditions applicable by implications, in relation to the purchase of Products.
- We represent and warrant to you as follows:
- The Company is not barred under applicable laws or contract from agreeing to these Terms; and
- The Company is duly authorised to consent or agree to these Terms.
Warranties and Disclaimers
- We deploy commercially reasonable level of skill and care, while providing our services. The Company does not make any specific representations or commitments regarding the products showcased on the Platform. Unless specified for certain class or kinds of products, the description, as provided by the manufacturers of the products shall apply along with the specific warranties provided by the manufacturers.
- To extent permitted by applicable laws, we hereby disclaim all liabilities with respect to merchantability or fitness of purpose.
- While, We provides access to the Platform on commercially reasonable basis. However, we do not represent or warrant that the access to the Platform may be interrupted due to various reasons including telecommunication failure or in pursuance of a government directions etc. In this regard, We disclaims all claims and liabilities arising from loss arising to you or claims raised by you with respect to the said disruption in access to the Platform.
Limitation of Liability
- The Company shall not be liable for any loss of (a) profits, (b) business opportunity, revenues, (c) data, or (d) or any other indirect, special, consequential, punitive or exemplary losses, on account of the use of the Platform and the services.
- Subject to Clause 11 .1, and to the maximum extent permissible by law, Company’s liability under the Terms shall not exceed, the amount paid by you for the provision of Services. However, if the loss pertains to the use of the Products, the said manufacturer shall be liable to compensate you for the loss and not We.
Intellectual Property Rights
- Unless expressly stated herein, We own the copyright in all materials, data, information, software/ program and any other document contained in or a part of the Platform (“Copyright”). Unless expressly specified herein, We has not granted you any license or right to use the Copyright.
- The Company grants the license to you for using the Platform solely to purchase the Products. For the sake of clarity, We does not own any copyright, patent or trademark in the materials, data, information, software/ program and any other document, developed by the manufacturers of the Products and displayed on the Platform (“Third Party IPR”).
- The Company owns trademark, tradenames, signs and other marks (“the Trademarks”) displayed on the Platform. Display of the Trademarks on the Platform does not grant any license to you for using the Trademarks. The trademarks, tradenames, signs and other marks displayed on the Products belonging to third parties shall continue to be owned by such third parties (“Third Party Trademarks”). The Company does not claim any ownership over the Third-Party Trademarks.
- Unless expressly specified herein, You shall not reproduce, adapt, modify, display, perform or distribute any text, program/ software, image or any data in which Copyright or copyright contained in Third Party IPR in any manner whatsoever.
- External Links
The Platform contains links to third party websites. The Company does not make any representation or warranty with respect to the accuracy of the information contained in the said websites. Further, We does not represent or warrant that the third-party websites will be free from errors, virus or any computer contaminant which may harm or adversely impact your computer resources. In the event you use access websites by clicking a link or banner on the Platform, same shall be at your sole risk and you shall be solely responsible to comply with their terms and conditions and the applicable local concerning the use of such third party websites.
Save as otherwise provided herein, the benefits and obligations conferred by these Terms upon each of the Parties are personal to that Party and shall not be, and shall not be capable of being, assigned, delegated, transferred or otherwise disposed of.
The Company shall not be responsible for any delay resulting due to “force majeure” events defined as any event beyond reasonable control of either party including, without limitation, unavailability of any communication system, sabotage, fire, flood, explosion, Acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war or acts of government, etc.
- Entire Terms
These Terms (together with any documents referred to herein) constitute the whole agreement between the Parties and supersedes any previous agreements, arrangements or understandings between them relating to the subject matter hereof. Each of the Parties acknowledges that it is not relying on any statements, warranties or representations given or made by any of them relating to the subject matter hereof.
No variation or amendment to these Terms shall be effective unless in writing signed by you and We. Provided however, that We shall indicate the amendment to the Terms and Conditions by placing such amendments on the Platform. The Company shall not be liable to individually notify you regarding the amendment of the Terms.
No failure or delay by any Party in exercising any right, power or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by any party of any breach of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof.
If any provision or part of a provision of the Terms or its application to any Party, shall be, or be found by any authority of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of these Terms, all of which shall remain in full force and effect.