You agree that browsing the Website and gathering information regarding the products, goods or other items offered, displayed, exhibited, listed, promoted, marketed, advertised or sold through the Website (“Products”), does not constitute an offer to sell, but merely an invitation to treat. You accept that an offer is only made once You have selected the Product You intend to purchase, chosen Your preferred payment method, proceeded to the checkout and completed the checkout process. The acceptance of the offer is not made when You are contacted by email to confirm that the order has been placed online. Your offer is only accepted when the Product is dispatched to You and You are informed by email of the dispatch of Your ordered Product. Before Your order is confirmed, You may be asked to provide additional verification or information, including but not limited to phone number and address, before We accept the order on behalf of the Merchant.If You have placed orders for Products offered by multiple Merchants, You may receive separate delivery confirmation email for each order that You have placed. Mothers.PK is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply.
Please note that there are cases when an order cannot be processed for various reasons. We reserve the right to refuse or cancel any order for any reason at any given time.
Mothers.PK will not be responsible for any deficiency in payment of consideration payable towards the Products purchased through the Website.
All items advertised / listed and the contents therein are advertised and listed on behalf of the relevant Merchants and are third party contents.You understand and acknowledge that Mothers.PK does not recommend You to buy any Product nor endorse any company, content, Product, or other resources associated with any Merchant or user of the Website. You agree that Mothers.PK will not be, and is not responsible or liable for any damage or loss, directly or indirectly, caused or alleged to be caused by or in connection with the use of or reliance on any such Content, Products, reviews, ratings, comments, or any other information available through the Website, or resource posted, linked to, or referenced on, the Website.All the Products are governed by the terms of warranties provided by the respective manufacturer/ Merchant and any additional terms specified by the Merchants.
Mothers.PK provides certain independent services to facilitate the transactions between users of the Websites and Merchants. Such independent services may include listing management, logistics services, making available courier services and payment facilitation under applicable laws. You understand, agree and acknowledge that Mothers.PK will engage independent third party service providers to perform these services. You further understand, agree and acknowledge that Mothers.PK will not be held liable or responsible towards You or towards any person claiming under or through You for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties.
1. Mothers.PK will only list the maximum sale price(“MRP”) of the Products approved by the respective Merchants and inclusive of all applicable taxes. We reserve the right to make changes to prices, content, promotional offers, product descriptions or specifications, or any other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate an event or promotion at any time without notice. In the event of a Product being listed with typographical errors related to price or any other information, Mothers.PK may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. Mothers.PK will have the right to modify the price of the Product and contact You for further instructions via e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If Mothers.PK cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made.
2. Prices of certain Products may not be listed on Mothers.PK. Due to the nature of customization of these Products or the Products being outside the ambit of MRP act and other factors, prices of these products are provided by the merchants on request.
3. Mothers.PK does not guarantee that the MRP offered will be the lowest in the city, region or geography.
Payment Mode and Terms
1. Mothers.PK only accepts online payments through the multiple options made available on the Website. You can make the full payment online in advance (part payments not allowed) on the Website or choose to make the payment in cash against delivery of the Products.
2. Redemption of promo codes and e-Gift Coupons is allowed only for online payments made on the Website.
3. Mothers.PK does not assume responsibility for any payments made directly to the Merchants of the Products.
Credit Card or Debit Card
You might be required to provide Your credit or debit card details to the approved payment gateways made available on the Website while making the payment for the Products. In this regard, You agree to provide correct and accurate credit/ debit card details to the approved payment gateways for purchasing the Products. You will not use the credit/ debit card which is not lawfully owned by You. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Mothers.PK expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or if a payment transaction cannot be processed as a result of (i) a legal order prohibiting withdrawals from Your bank account, (ii) Your bank account is closed or has been frozen, (iii) Mothers.PK is otherwise not authorised to debit Your bank account, (iv) the transaction would cause Your balance to go over the credit limit for any credit arrangement set up to cover overdrafts, or (v) You providing an incorrect account number or other incorrect details whether personal or otherwise.Mothers.PK reserves the right to refuse to honour payment requests that it believes or suspects (rightly or wrongly) are fraudulent or erroneous. You understands, however, that Mothers.PK’s exercise of this right will be in its sole discretion and You will not rely on Mothers.PK to discover or prevent loss as a result of a fraud or erroneous payments.In the event there is any claim for/ of charge back by You, You will immediately approach Mothers.PK with details of its claims. Refunds if applicable for payments taken in error by Mothers.PK will only be credited back to the debit/credit card used for the original transaction, provided that documentary evidence is supplied by You. You will directly contact Mothers.PK for any fraudulent transaction(s) on account of misuse of card/bank details by a fraudulent individual/party and such issues shall be suitably addressed by Mothers.PK alone in line with its policies and rules. You agree that under no circumstances shall Mothers.PK be liable for such fraudulent service transactions.If the card supplier declines payment, Mothers.PK will not be liable and is under no obligation to bring this fact to Your attention. It is Your responsibility to check with the card supplier that payment has been deducted from the debit or credit account.Regarding payments made by credit card, Mothers.PK reserves the right to only accept certain card providers and may modify the list of such providers, including no longer accepting any credit card payments of any kind from any card providers, at any time without prior notice to You. If You provide Mothers.PK Your credit card information to pay for a Product, You authorise Mothers.PK to automatically charge the credit card provided by You for all charges on Your account, and Mothers.PK will automatically charge Your credit card for all such charges. If Mothers.PK is unable to charge Your credit card for any reason, Mothers.PK retains the right to assess additional charges up to the maximum amount or rate allowed by law, on the amount due until that amount is paid and, as a result, You may be subject to suspension of Your use of the Account, in Mothers.PK’s sole discretion.
1. Cancellation by Mothers.PK
Mothers.PK may not be able to accept certain orders and may cancel such orders. Mothers.PK reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Your order being cancelled include, without limitation, non-availability of the Product or quantities ordered by You, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by Our credit and fraud avoidance department. Mothers.PK may also require additional verifications or information before accepting any order. Mothers.PK will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is cancelled after Your credit card has been charged, the said amount will be reversed back in Your credit card account.
2. Cancellation by You
In case of requests for order cancellations by You, Mothers.PK reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Mothers.PK receives a cancellation notice and the order has not been processed/ approved by Mothers.PK, Mothers.PK will cancel the order and refund the entire amount to You within a reasonable period of time. Mothers.PK will not be able to cancel orders that have already been processed. Mothers.PK has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by Mothers.PK and accept Mothers.PK’s decision regarding the cancellation.
3. Failure to sell by the Merchants
Unless due to Your negligence, in the event of a Merchant failing to complete a sale of a Product when presented by You with a valid voucher or otherwise, You acknowledge that such Merchant will be solely liable to reimburse such amount as has already been paid by You for the purchase of such order. Further, You agree that Mothers.PK will not be held liable for failure of the Merchant to make available any Product.
Limitations of liability in connection with online marketplace
Mothers.PK will only be offering the Website as a platform to put Merchants and Users in touch with each other for acquisition of the Products offered or sold by the Merchants to the Users through the Website and will not be a participant in the sale and purchase process between the Merchants and Users. Each transaction between a Merchant and a User will be a bi partite contract solely between them. Mothers.PK is merely acting as an intermediary and conduit, and facilitating the transaction to be negotiated and completed by Users and Merchants, by making available the Website as a venue to Merchants and Users. Accordingly, You acknowledge and agree that Mothers.PK (1) is not the agent of and has no authority for either You or the Merchants for any purpose and (2) does not have control over the quality, safety, morality or legality of any aspect of the Products, the truth or accuracy of the listings of the Products, the Merchants’ ability to offer or sell Products, (3) may establish limits from time to time concerning use of the Website, (4) may immediately halt any transaction, prevent or restrict access to the Website, or take any other action to restrict access to or availability of objectionable material, any unlawful product or service, or any product or service otherwise prohibited by Mothers.PK’s procedures and guidelines; and (5) will not be liable for the behavior or actions of any Merchant or any of its Products.
You acknowledge and agree that the Merchants are the actual vendors of the relevant Products on the Website and will be solely responsible to You for the Products sold through the Website. Title to the Products will pass directly from the merchants to You.
Limitations of Liability
Mothers.PK will not be in any way responsible for any loss due to any crime committed by You or any one against You.
We disclaim any and all liability and responsibility in connection with Your breach of any of these Terms and Conditions, specifically the Community Guidelines.
Disclosing personal information to users of the Website is entirely at Your own risk and Mothers.PK accepts no liability for any loss, damage, cost or expense You may incur as a result.
Mothers.PK AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEB SITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT Mothers.PK IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.
ADDITIONALLY, IN NO EVENT WILL Mothers.PK OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT Mothers.PK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You are solely responsible for any interaction with other users or visitors of the Website, and Mothers.PK has no obligation to monitor disputes between You and any other users of the Website.
Representations and Warranties
You hereby represent and warrant that You have the legal right and authority to enter into these Terms and Conditions; and the materials provided by or Contents submitted You will not violate any law nor infringe upon nor violate any rights of any person, firm, corporation or entity including, but not limited to, the right of privacy, right of publicity, or the right against libel or slander.
You agree not to:
i. use the Website in violation of the law;
ii. use the Website in a way that is deceptive, false, fraudulent, misleading, inaccurate or inappropriate or degrades, intimidates, harasses or victimises an individual or group;
iii. use the Website in a way that could be deemed illegal, offensive, or unethical;
iv. use the Website in a manner that would infringe the intellectual property rights of Mothers.PK or any person;
v. knowingly damage, interfere or attempt to interfere, with the Website in any way;
vi. remove from the Website any language or designation indicating the confidential nature thereof or the proprietary rights of Mothers.PK;
vii. operate robots or spiders to scan the Website’s database;
viii. for itself or any third party, modify, change, copy, duplicate, exploit, reproduce, republish, dispose, transmit, disseminate, alter, create compilations or derivative works from, reverse engineer, disassemble, decipher, reconstruct or decompile any tangible versions of the Website or any portion thereof, or otherwise attempt to derive or discover the trade secrets from the Website or any portion thereof;
ix. have any plea, claim or demand against Mothers.PK, its affiliates and their respective officers, directors, shareholders, employees, sub-contractors and agents in respect of Your use of the Website; and
x. use the Website for spamming, unsolicited or un-authorised advertising, “chain letters” or sending unsolicited, abusive or threatening emails to the Users.
You agree to indemnify and hold harmless Mothers.PK, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable lawyers’ fees) directly or indirectly related to (1) Your breach of these Terms and Conditions, specifically the Community Guidelines; (2) Your improper use of the Website or Your breach of any law or the rights of a third party; (3) any damage or injury to any person or property arising out of or relating in any way, directly or indirectly, to Your breach of these Terms and Conditions; or (4) the Content You submit, post, or transmit through the Website.
You are responsible for maintaining the confidentiality of any passwords associated with Your account created to use the Services (“Account”), monitor all activity under the Account, and assume full responsibility for all activities that occur under Your Account. You agree never to share Your username and password which You established for creating the Account, with other Users. The responsibility of the security of the username and password relating to Your Account rests with You. If You suspect that anyone else has used or is using Your username or password, You must notify Mothers.PK immediately. You will not use the Account, username or password of any other User at any time. Mothers.PK will not be liable for any loss that You incur as a result of any breach of Your Account, either with or without Your knowledge. You may be held liable for any losses incurred by Mothers.PK due to someone else’s use of Your Account or password.
Access Restrictions; Termination.
We can suspend or terminate Your Account and Your access to the Website or the Services, in whole or in part, at any time, immediately and without notice for any reason in our sole discretion, including, without limitation, if You fail to comply with any of these Terms and Conditions. Upon termination, You must destroy all materials obtained from the Website and the Services and all copies thereof. In the event of suspension or termination, You are no longer authorized to access the Website or the Services, and the restrictions imposed on You with respect to any materials downloaded from the Website or the Services and the disclaimers and limitations of liabilities set forth in these Terms and Conditions will survive.
You understand and agree that Your use of the Website is subject to and conditioned upon the following: Your continued adherence to these Terms and Conditions and any future modifications thereto and any violation of these Terms and Conditions or any other agreement between You and Mothers.PK constitute grounds for immediate termination of Your Account without further notice at Mothers.PK’s sole discretion. We may also terminate Your Account at any time, immediately and without notice, if We determine, in our sole discretion, that Your conduct is detrimental to our business or the Community. Termination of Your Account will result in cancellation of all rights of access and use granted to You. You may terminate Your Account at any time by sending Your request to us, using the “Contact Us” button on any page of the Website. Mothers.PK will be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms and Conditions or the Community Guidelines. Any decision Mothers.PK makes relating to termination or suspension of Your Account will be final and binding. Mothers.PK may terminate Your Account at its sole discretion if You have been inactive for a period of twelve (12) months. You will be defined as inactive if You have not used Your Account, or contacted Mothers.PK in any other manner during such twelve (12) month period. In addition, if You have been inactive for three (3) months, We may, but will have no obligation to, take down any photos that You have posted to Your profile or anywhere else on the Website.
Modification or Suspension of the Website
Mothers.PK may at any time modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice or any liability to You. Changes will be effective when posted on the Website.We may provide additional features and services and We may cease to provide any feature or service previously provided.
Additional terms and conditions may apply to specific portions of the Website or Your use of the Website, made part of these Terms and Conditions by reference, if necessary. You agree to abide by such other terms and conditions. If there is a conflict between these Terms and Conditions and the terms posted or emailed, or applicable to, a specific portion of the Website or Your use of the Website, the latter terms will control with respect to Your use of that portion of the Website.
If any provision of these Terms and Conditions is found by a court or other binding authority to be invalid, You agree that every attempt will be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in these Terms and Condition swill continue in full force and effect.
These Terms and Conditions and the resolution of any dispute related to these Terms and Conditions or the Website will be governed by and construed in accordance with the laws of Pakistan without giving effect to any principles of conflicts of law. Any legal action or proceeding between Mothers.PK and You related to these Terms and Conditions will be brought exclusively in a court of competent jurisdiction sitting in Pakistan and You agree to submit to the personal and exclusive jurisdiction of such courts.
Disclosure of Data
We keep your personally identifiable information confidential and we generally do not disclose it. But, please note the following clarifications and exceptions:
• Our employees and independent contractors have access to some of your personally identifiable information for the purpose of helping us run our business (and not for their own purposes). They access and use such data subject to our instructions, on a “need to know” basis and under confidentiality and security obligations.
• We may also share your personally identifiable information to respond to law enforcement requests, court orders or other legal process or if we believe that such disclosure is necessary to investigate, prevent or respond to illegal activities, fraud, physical threats to you or others or as otherwise required by any applicable law or regulation.
• Even though we do not provide any personally identifiable information about you specifically to any advertising customers, they can occasionally find out information indirectly. For example, we frequently agree on target audiences for particular ads (for example, an advertiser may ask us to send certain information on infant safety products to parents with small children who may be particularly interested). If you choose to respond to such targeted advertisements, the advertiser may deduce that you are a member of the target audience to whom we sent the ad.
• If you sign up for our services on a third party website, such third party may know—from you— that you signed up on one or our Sites.
• Before we disclose your personally identifiable data to a third party for their own business purposes (such as a survey or a sweepstake), we will first obtain your consent, for example via email, click-through, an online opportunity to opt-out or otherwise.
• We may share personally identifiable information with affiliated companies.
• We freely use and disclose data in anonymous form, for example, in statistics or reports to our advertising customers.
Please remember that if you post any information in areas of our Sites that are generally accessible to users, such as chat rooms and message boards, it will be available to the public.
Controlling Your Personal Information
As a User, We may allow You to have certain control over Your privacy settings. When You first create a profile, or when You make any changes to it, You can select whether all or no users of the Website or only selected users of the Website can see certain information in Your profile.
Be aware that if You choose to post on the Website, all posts are visible to everyone either on the Website or part of the group where posted (as determined by the owner of the group), so any personal information You post will be accessible to all users and all visitors to the Website. You should also be aware that any information that is made public on the Website will be searchable by other search engines. In addition, even if that content is later removed from the Website, it may still be stored in other computers of people who visited the Website, and removal of that information from the Website will not remove it from those other computers. Therefore, We caution You to be very careful about posting personal information to the Website.
In addition, some information that You add to Your profile cannot be hidden and is always visible to anyone who visits the Website. That includes Your avatar or photo and Your screen name. In addition, You will show up in searches on the Website based on Your postal code. Be aware that the information You post will be viewed by many people who You don’t know and You should exercise good judgment and discretion when You choose to post personal information. You can identify yourself by screen name in Your posts or can post anonymously in some cases. However, even if You post anonymously, the Mothers.PK Team will be able to identify Your posts.
We take reasonable steps to protect personally identifiable information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. But, You should keep in mind that no internet transmission is ever completely secure or error-free. In particular, email sent to or from the Websites may not be secure.
If You believe that any postings on the Website violate these Terms and Conditions, please let us know by email or our contact number. In all cases, We are the final judge on whether these Terms and Conditions or Community Guidelines have been violated and We will determine what, if any, action should be to taken in our sole discretion.
Insert T&Cs related to competitions, for e.g. Mothers.PK has the right to reject any entry, replace the prize; how You will dispatch the prize, disclaim responsibility for anything that goes wrong while the prize is being delivered or if incorrect address is provided; right to request proof of id; All prizes are subject to availability, non transferable and non exchangeable; tax on prizes winner’s responsibility; disclaim rep & warranty for the prizes; third party supplier of prizes can stipulate own T&Cs; no additional, further or other costs or expenses are included in any prize unless stated; specific terms relating to holiday prizes; provisions relating to unclaimed prizes; provision of accurate information by user in relation to participating in the competition; provisions relating to minors; Mothers.PK’s right to terminate the competition at any time; finality of Mothers.PK’s decision; tampering by users, exclusion of Mothers.PK’s liability.