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TERMS AND CONDITIONS OF USE
TThese Terms constitute a binding and enforceable legal contract between the KhataApp and a User (as defined below) or any end user of the Services (collectively, “you”). You represent and warrant that you (a) have full legal capacity and authority to agree and bind yourself to these Terms, (b) are 18 (eighteen) years of age or older. If you represent an entity, organization, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organization, or legal person to these Terms. These Terms constitute an enforceable and binding legal contract between KhataApp and user (collectively, “you”) by agreeing these terms of use you confirm and represent that you have complete understanding of the contract. These Terms also include our privacy policy, available at (“Privacy Policy”) and any internal guidelines, supplementary terms, policies, or disclaimers made available or issued by us from time to time. By continuing to access or use the Application, or any Service on the Application, you signify your acceptance of the Terms. KhataApp reserves the right to make changes to these Terms by posting the new/updated version and your continued use and/or non-deletion of the Application shall indicate your agreement to such changes. Accordingly, we encourage you to kindly continue to review the Terms whenever accessing or using the Application so as to be abreast with the changes that we may be carrying out to these Terms. By using the Services, you agree that you have read, understood, and are bound by these Terms, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access the Application or use the Services.
SERVICES
This Application provides a digital ledger book / record book wherein the users (“Users”), can record their ledger entries with their respective customers. For the purposes of this clause, Services would include any other future services the KhataApp provides/proposes to provide.
TRANSACTION INFORMATION
The Users may upload information relating to transactions with their customers or relating to their businesses, including the sale of goods or services, costs, amounts paid and payable, and details of goods and services, on the Application (such information is referred to as “Transaction Information”). Transaction Information may be exchanged between the Users and their customer through telephonic calls, text message, WhatsApp, email, or other electronic mediums that would depend on the contact details of Users and their customers provided on the Application. At the time of creating or uploading the first Transaction Information with respect to their customers, the User shall inform such customers of its use of the Application to record such Transaction Information and Transaction Information related to future transactions and seek such Customer’s express consent in this regard and to: The creation of a profile of the customer on the Application, which will require sharing such customer’s phone number and contact details with the KhataApp; receive communications from the KhataApp regarding: (A) information relating to their transactions recorded on the Application; (B) requests for payment; (C) information about the KhataApp and the Services; (D) promotional offers and services from the KhataApp and its third party partners, and (E) any other matter in relation to the Services. If such customers fail to provide consent, or withdraw consent, the User shall immediately cease to use the Services in relation to such customers. The User shall be solely responsible for obtaining such consent from its customers and the KhataApp shall assume that such consent as required under clause 4(b) above is sought and received by the User if the User provides details of such Transaction Information relating to any of such customers at any time during the use of the Application.
THIRD PARTY SERVICES
The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) or contain links to Third Party Services. Users understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third Party Services is solely at their own risk. KhataApp makes no representations and hereby expressly excludes all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
USER RESPONSIBILITIES
The User hereby represents and warrants that all information that is provided by the User through or in relation to the Services is valid, complete, true, and correct on the date of agreeing to these Terms and shall continue to be valid, complete, true, and correct throughout the duration of the User’s use of the Application. The KhataApp does not accept any responsibility or liability for any loss or damage the User may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if the User fails to disclose any material fact. The User shall be solely responsible for ensuring compliance with applicable laws, and shall be solely liable for any liability that may arise due to a breach of its obligations in this regard. The User shall extend all cooperation to the KhataApp in its defending of any proceedings that may be initiated against it due to a breach of the User’s obligations or covenants under these Terms. While the KhataApp uses commercially reasonable efforts to provide Users with a daily backup of their Transaction Information, Users should regularly and independently save, backup, and archive such Transaction Information. The User shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, the User may not: Infringe either directly or indirectly any third party proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party; except as may be provided hereunder, use in any manner including copying, displaying, distributing, modifying, publishing, reproducing, storing, transmitting, posting, translating, creating any derivative works from, or license the Services; use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; use any robot, spider, other automated device, or manual process to monitor or copy the Application or Services or any portion thereof; engage in the systematic retrieval of content from the Application or Services to create or compile, directly or indirectly, a collection, compilation, database or directory; or Violate applicable laws in any manner.
INTELLECTUAL PROPERTY
All rights, title, and interest in and to the Application and Services, including all intellectual property rights arising out of the Application and Services, are owned by or otherwise lawfully licensed by the KhataApp. Subject to compliance with these Terms, the KhataApp grants the User a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited licence to use the Application and Services in accordance with these Terms and its written instructions issued from time to time. The KhataApp may freely use, copy, disclose, publish, display, distribute without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of the User’s intellectual property rights. Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to the KhataApp’s or any third party’s intellectual rights. The contents of this Application, including but not limited to the text and images herein and their arrangements, unless otherwise noted, are copyright-protected in the whole and every part of this Application and the same belongs to the KhataApp and may not be used, sold, licensed, copied or reproduced in whole or in part in any manner or form or in or on any media to any person without the prior written consent of the KhataApp.
TERM AND TERMINATION
These Terms shall remain in effect unless terminated in accordance with the terms hereunder. The KhataApp may terminate a User’s access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion, if the User violates or breaches any of its obligations, responsibilities, or covenants under these Terms. Upon termination these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
DISCLAIMERS AND WARRANTIES
The use of the Services is at your sole risk. The KhataApp is only a technology application service provider and: is not registered with the Regulator(s); does not hold any license to engage in any activities relating to financial products; is not a financial institution under any other laws for the time being in force in Pakistan; and Is not an intermediary under the applicable laws. To the extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis. The KhataApp does not warrant that operation of the Services will be uninterrupted or error free or that the functions contained in the Services will meet your requirements. To the fullest extent permissible under applicable law, the KhataApp expressly disclaims all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade. You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that the KhataApp shall have absolutely no liability with respect to the same. To the fullest extent permissible by law, the KhataApp, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to: your use of, inability to use, or availability or unavailability of the Services, including any Third Party Services; the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorized access to the KhataApp’s records, programs, services, server, or other infrastructure relating to the Services; or the failure of the Services to remain operational for any period of time. Notwithstanding anything to the contrary contained herein, neither the KhataApp nor any of its affiliates or related parties shall have any liability to you or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Services. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless the KhataApp, its affiliated and subsidiary companies, its parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Services.
CONSENT TO USE DATA
You agree that the KhataApp and any third party service providers it engages, may, in accordance with its Privacy Policy, collect and use your information and technical data and related information. The KhataApp may use information and data pertaining to your use of the Services for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Application. Subject to applicable laws, the KhataApp may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to Users in connection with criminal proceedings. You understand and agree that in such instances, the KhataApp shall have the right to share such data with relevant agencies or bodies.
FEES/CHARGES
The KhataApp reserves the right to charge convenience fee for the Services and non-payment may result in denial of Services.
MODIFICATION
The KhataApp reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without cause. The KhataApp shall not be liable for any such addition, modification, suspension or discontinuation of the Services.
MISCELLANEOUS PROVISIONS
Modification – The KhataApp reserves the right at any time to modify these Terms and to add new or additional terms or conditions on use of the Services. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event you refuse to accept such changes, these Terms will terminate. Severability - If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted). Assignment - You shall not licence, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without the KhataApp’s prior written consent. The KhataApp may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. The KhataApp may assign its rights to any of its affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to you. Notices - All notices, requests, demands, and determinations for the KhataApp under these Terms (other than routine operational communications) shall be sent to Email: Khaatapp@gmail.com Third Party Rights - No third party shall have any rights to enforce any terms contained herein.
