Last Updated: November 1, 2018
IMPORTANT NOTICE: This agreement contains compulsory arbitration disclaimer of classification and class action. It affects your legal rights as detailed in the Arbitration and class action waiver section below. Please read carefully.
This Terms of Use Agreement ("Terms"), including the Binding arbitration and class action waiver contained herein govern your access to, use of, and participation in the Platform made available by Kam Kaj. ("Kam Kaj," "we," "our," or "us") or through Kam Kaj and the entirety of your relationship with Kam Kaj. Please read the terms thoroughly and carefully. By using the platform, you agree to be bound by these terms. As detailed in the eligibility, representation of service members, guarantees and use of platform sectione below, if you are a member of service, you understand and agree that kam kaj your information for substantive checks of its sellers. If you do not agree to these terms, you can not access or use the platform.
All references to "you" or "your", if any, mean the person who access, use and / or participate in the platform in any way whatsoever, and each of your heirs, assigns and successors. If you use the platform on behalf of an entity, you represent and guarantee that you have the power to bind that entity, your acceptance of the terms will be considered an acceptance by this entity, and "you" and "your" herein will refer to entity.
Kam Kaj reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time without notice. note. Kam Kaj will notify you of changes by posting on the Kam Kaj Terms of Use website, by sending you a message or notifying you otherwise when you are logged into your account. The changes will take effect thirty (30) days after they are posted on the platform or a message is sent to you or you are informed when you are logged into your account. Your use of the platform after the expiration of thirty (30) days must constitutes your consent to the changes. If you do disagree, you can not access or use the platform.
Please review Kam Kaj's Privacy Policy, incorporated herein by reference, for information and advice regarding the Kam Kaj's collection and use of your information. The layout and delivery of text messages by Kam Kaj or our text messaging service providers is governed by our General conditions SMS, which are expressly incorporated here. The Kam Kaj Guarantee is governed by the Kam Kaj Warranty conditions and conditions , which are expressly incorporated here. Please review all of the keys Kam Kaj policies that govern your use of the platform and our interactions with you and others. Some domains and / or products on the platform may have different terms and the conditions displayed or may require you to accept and accept additional terms and conditions and conditions or policies. In case of conflict between these conditions and the general conditions or displayed policies for a specific domain or product, the latter will prevail over your use of this area or product.
Access and use of the platform is only available to people at least 18 years of age and may form legally binding contracts under applicable law. By accessing or by using the platform, you represent and warrant that you are eligible.
By registering or using the platform to propose, post or provide professional services, service members represent and warrant that they, and the employees, agents, subcontractors and subcontractors who can perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded and insured, as required applicable laws or regulations to which they may be subject in the jurisdiction or jurisdictions in which they offer their professional services and the specific work they do.
Kam Kaj does not provide professional services. The members of the service understand and agree that by creating and maintaining an account on the platform, they will only receive the possibility to use the Kam Kaj platform to access people interested in receiving professional services and related tools, including, but not limited to, the possibility of schedule appointments that facilitate the provision of professional services. Members of the service include and agree that use of the platform does not guarantee that Kam Kaj users will engage them for professional services.
Service members understand and agree that they are customers of Kam Kaj, and are not Kam Kaj employees, co-venturers, partners or agents. Service members recognize that they set or confirm their own prices, provide their own equipment and determine their own work program. Kam Kaj does not control, and does not have the right to control, the services of a member of the provides (including how the service member provides such services) if the service member is hired by a member of the client, unless otherwise stated
Kam Kaj, as permitted by applicable laws, obtains reports based on public information information about service members, which may include a history of criminal convictions or the registration of a sex offender, and we may limit, block, suspend, disable or cancel a Service member's account based on the results of such a check. As a member of the service, you accept and allow us to use your personal information, such as your full name and your date from birth, to obtain such reports of Kam Kaj’s vendors.
Users can access the platform without signing up for an account. To access and participate in some features of the platform you will need to create a account protected by password ("Account"). You can sign up for an account using your Facebook account and login credentials (your "third party site password"). You agree to provide accurate, current and complete information when registering or applying submission process and at any other time when using the platform, and to update the information to keep it accurate, current and complete. You are solely responsible for backing up your Kam Kaj password and, if applicable, your third-party site password. You are only responsible for all activities on your account, and you will notify Kam Kaj immediately of any unauthorized use. Kam Kaj is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Kam Kaj or others due to such unauthorized use.
Subject to your compliance with these Terms, Kam Kaj grants you a Limited, non-exclusive, revocable, non-transferable and non-sublicensable reproduction license and display mutual content (excluding any source of software code) only for your personal and non-commercial use and only in connection with your access and participation in the platform. You are not going use, copy, adapt, modify, prepare derivative works based on, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, broadcast or otherwise exploit the platform or the mutual content, unless expressly authorized in these terms. The platform and the mutual content are provided to you as such. If you download or print a copy of Collective Content for personal use, you must retain all copyrights and other proprietary rights notice therein. No license or right is granted to you by implication or otherwise under any intellectual property right owned or controlled by Kam Kaj or its licensors, except for licenses and rights expressly granted in these Terms.
We may, in our sole discretion, authorize you to publish, download, publish, submit or transmit the user's content. By making available Any User Content on or via the Platform, you hereby grant to Kam Kaj a whole world, irrevocable, perpetual, non-exclusive, transferable, free of rights license, with the right to sub-license, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, broadcast, access, visualize and otherwise exploit this user content on, through, by means of or to promote, market or advertise the platform or services pro, or for any other purpose at our sole discretion except that private messaging via the platform will not be used by Kam Kaj in public advertising. In In the interest of clarity, the license granted to Kam Kaj will survive the termination of the contract. Platform or your account. Kam Kaj does not claim any ownership rights over your user The content and nothing in these conditions will be deemed to restrict the rights you may have to use and exploit such User Content submitted, posted, downloaded, published, or transmitted on or via the platform by you.
You acknowledge and agree that you are solely responsible for all User content that you make available on or through the platform. Accordingly, you represent and warrant that: (a) you are the sole and exclusive owner of all the user content that you make available on or via the Platform where you have all the rights, licenses, consents and versions necessary to grant Kam Kaj the rights to the content of this user, as provided in These conditions; and (b) neither the user's content nor your display, download, publication, submission or transmission of the user Content or Kam Kaj's use of your user Content (or any part of it) on, via or through the platform will be infringe, misappropriate or violate the patent, copyright, trademark, trade secret of any third party, moral rights or other proprietary or intellectual property rights, or publicity rights or confidentiality, or result in the violation of any applicable law or regulation. You agree that Kam Kaj may re-read, summarize or otherwise, edit and / or remove your user content, and you understand that this remains your only responsibility to monitor your user content and make sure that the modified content is accurate and in accordance with your representations and warranties in these Terms.
Kam Kaj reserves the right, at any time and without notice, to remove or disable access to the user content we consider, in our sole discretion, reprehensible for any reason, in violation of these Terms or harmful to the platform or users, or for any other reason.
As a user of the Platform, you may not:
(a) unreasonably increases the platform Infrastructure;
(b) interferes with or attempts to interfere with the proper functioning of the Platform or any third party involvement;
(c) bypasses the measures used to prevent or restrict access to the platform;
(d) circumvents, disables or interferes with security features of the platform;
(e) distributes viruses or any other technology could harm Kam Kaj or users;
(f) uses the platform in a way that infringes copyrights, trade secrets or other rights of third parties, including the rights of confidentiality or publicity; or
(g) circumvents or manipulates the fee structure (as defined herein), billing or charges of;
In the context of the use of the Kam Kaj platform, Kam Kaj accuses some fees ("Kam Kaj fees" or "fees"). Ongoing charges for the purchase of credits ("Kam Kaj Credits") used by members of the service for various purposes will be displayed when purchasing these credits. Costs for additional products or services, including current products or services, you will be provided before using these products or services.
Kam Kaj may also charge fees for fraud, misconduct or other these conditions, as determined in our sole discretion. Information on the current penalty available in the policy or support center.
You agree to pay these expenses. Information on current penalties is available in the policy or support center. You agree to pay any applicable fees or charges based on fees and billing terms whether or not you have an active account. The fees must be charged to your credit card, PayPal or other designated method of payment at the time you make a purchase or register for a service. If you do not pay on time or Kam Kaj can not claim a credit card, PayPal or other means of payment for any reason, Kam Kaj reserves all rights authorized by law to collect the payment and all costs and expenses incurred, including the reasonable fees of lawyers, in our pursuit of payment. You explicitly agree all communications relating to overdue accounts or fees due will be made by email or phone. This communication can be made by Kam Kaj or by any person on its behalf, including, but not limited to, a third party collection agent. If you cancel your account at any time, you will not receive a refund. If you have a balance due on an account, you agree that Kam Kaj may charge such unpaid fees to your credit card or charge you otherwise for these unpaid charges. You understand and agree that you are solely responsible for determining your own tax returns and sales taxes collection requirements in consultation with tax advisors and that we can not and do not do not offer specific tax advice to service members or client members. All sales on Kam Kaj are final and non-refundable, unless otherwise stated herein.
Kam Kaj is a limited payment collection agent of a member of the service and is authorized to cash the payment of the customer's members on behalf of a member of the service. Payment made by a customer Kam Kaj member in connection with Pro Services will be considered a payment make directly to a member of the service. As a member of the service, you name Kam Kaj as your Payment Collection Agent limited only for the purpose of accepting payment from the Client Members connected with Pro Services. You agree that the payment made to Kam Kaj be considered a payment made directly to you. You further understand that, as payment collection agent for its members of the service, Kam Kaj's obligation to you, as a Member of the service, is subject and conditional to the successful receipt of the customer's payment Member. By accepting an appointment as a limited payment collection agent, Kam Kaj does not take any responsibility for your acts or omissions as a member of the service.
If a Member does not make a payment on the market on time or if Kam Kaj can not to charge a credit card or other means of payment for any reason, Kam Kaj reserves all rights permitted by law to recover payment and all costs and the costs incurred, including the reasonable fees of lawyers, in our pursuit of payment. You explicitly agree that all communications relating to accounts that are past due or payments due will be made by email or telephone. Such communication can be by Kam Kaj or anyone else on his behalf, including but not limited to a third party collector. If you have a balance due on an account, you agree that Kam Kaj may charge such unpaid payments on your credit card or in any other way charge you for such unpaid payments.
Kam Kaj appreciates our pros and our customers, and we understand that sometimes conflicts can arise between or among them. Our goal is to provide tools to help users resolve these disputes independently. In the rare case of a dispute initiated by a service member or a client member can not be resolved independently, you agree, at the request of Kam Kaj, to participate in good faith, to the extent that you are reasonably able to do so in a neutral resolution, mediation or arbitration proceeding conducted by Kam Kaj or a third party mediator or neutral arbitrator chosen by Kam Kaj. Notwithstanding the foregoing, you acknowledge and agree that Kam Kaj is under no obligation to involve or impose a resolution in any dispute between users or any third party.
The content of Kam Kaj is protected by copyright, trademark and other laws of Pakistan, foreign countries and international conventions. Except as expressly In these circumstances, Kam Kaj and his licensors hold all the rights, title and title interest in and for Kam Kaj's platform and content, including all associated intellectual property rights. property rights. All trademarks, service marks, logos, trade names and other proprietors The Kam Kaj designations used herein are trademarks or registered trademarks of Kam Kaj. All other brands, service marks, logos, trade names and other proprietary designations are trademarks or registered trademarks of their respective owners.
By sending us comments, comments, questions or suggestions about Kam Kaj or our services, including the platform (collectively, "Feedback"), you represent and warrant ,
(a) that you have the right to disclose comments
(b) comments do not violate rights any other person or entity and
(c) your comments do not contain the confidential or proprietary information of third parties or parties. By sending us comments, you continue
(i) accept that we are under no obligation of confidentiality, express or implied, with respect to to feedback
(ii) recognize that we can have something similar to the feedback already under review or under development
(iii) we make an irrevocable, non-exclusive commitment, Worldwide license, royalty-free, perpetual, to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and
(iv) irrevocably waive and ensure that against Kam Kaj and his users any claim and affirmation of moral rights contained in these Feedback. This feedback section will survive any termination of your Account or platform.
We expect users to respect copyright. In appropriate circumstances, we will terminate the account of any user who violates or is repeatedly rehearsed infringe the rights of copyright holders.
Kam Kaj does not endorse any member, user or professional service, and Kam Kaj is not party to any agreement between or among users, members or third parties. No an agency, partnership, joint venture or employment is created as a result of the use by the user or the member of any part of the platform, including but not limited to planning or other services. Neither Kam Kaj nor any member or user of the platform can direct or control the daily activities of the other, or create or assume any obligation on in the name of the other. Members are bound by these conditions to provide accurate information, and although Kam Kaj can undertake additional checks and processes designed to help verify or verify the identities or backgrounds of users, we make no representation about, confirming or approving any user or their identity or alleged background, regardless of Kam Kaj's specific services they use or any involvement of Kam Kaj's personnel in provide or schedule these services.
Any reference on the Platform to a user being licensed or credentialed in some manner, or "badged," "best of," "top," "background checked" or "gold," "silver," or "bronze" (or similar language) designations indicates only that the user has completed a relevant account process or met user review standards, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Kam Kaj and is not verification of their identity and whether they or their Pro Services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other user. Kam Kaj offers a non-exhaustive list of safety to consider when hiring a Service Member. Kam Kaj is not responsible for any damage or harm resulting from your interactions with other users.
Mutual Content may contain links to third party sites, offers, or other events / activities not owned or controlled by Kam Kaj. We do not approve or take responsibility for such links, and if you access them, you do it as you please risk.
By using the platform, you understand and agree that any legal or responsibility you seek for actions or omissions of other users or third parties the parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on Kam Kaj or to seek legal recourse from respect for these actions or omissions.
Without limiting the other rights reserved in this document, Kam Kaj may, in his only discretion, take any action permitted by law for any breach of these Terms or any other policy or agreement between you and Kam Kaj, including, but not limited to, deleting the user Content that you have posted, limiting your access to the account, forcing you to forgo certain funds or You paid the fees, assessed the monetary penalties or costs, terminated your account, decreased your search status or rank, canceling estimates or publications, blocking access, investigating you and / or cooperate with law enforcement agencies in an investigation or investigation pursuit.
We can, at our discretion, with or without reason, with or without notice and at any time, decide to limit, block, suspend, disable or cancel your Kam Kaj Account in whole or in part. If we exercise our discretion under these conditions to do so, all or all of the following situations may occur with or without notice or explanation:
(a) your The account will be disabled or suspended, your password will be disabled and you will not be able to access the platform or your user content, or receive assistance from Kam Kaj's assistance teams;
(b) where appropriate in our sole discretion, we may communicate to other users that your The account has been terminated, blocked, suspended, deactivated or canceled, and why this action has been taken; and
(c) you will not be entitled to any compensation for the services of the platform. or Pro Services canceled or delayed following the termination of the account. You can cancel your use the platform and / or terminate your account at any time by following the "Settings" link in your profile, by clicking on "Account" and clicking on "Disable Account". Please note that if your account is canceled, we do not have the obligation to delete or return you any content that you have posted on the platform, including, but not limited to, notices.
Please read this section carefully. Affects your legal rights, including your right to file a claim in the court.
You and Kam Kaj agree that these Terms affect interstate commerce and that the Federal Arbitration Law governs the interpretation and enforcement of these Arbitration provisions.
This section is intended to be widely interpreted and governs each and every one disputes between us, which include but are not limited to claims that arise from or relate to any aspect of the relationship between us, whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, among others, claims related to advertising); and says that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and lawsuits of the small court, as indicated below.
By accepting these Terms, you agree to resolve any dispute with Kam Kaj as follows:
Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Kam Kaj's support department at support@kamkaj.pk. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Kam Kaj support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Changes to this section: Kam Kaj will provide notice of thirty (30) days on any change to this section by publication in the Kam Kaj Terms of Use website , send you a message or notify you otherwise when you log in to your account. The amendments will take effect thirty (30) days after they are posted on the Kam Kaj Terms of Use website or sent to you.
Changes to this section will otherwise apply prospectively only to claims that arise after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to this section "is not applicable or valid, then this subsection will be separated from the section entitled "Disclaimer of Arbitration and Class Action", and the court or arbitrator should apply the first section of Arbitration Waiver and Class Action that exists after it has begun using the platform.
Survival : this exemption from arbitration and collective action section will survive the termination of your Account or Platform.
The Terms and the relationship between you and Kam Kaj will be governed in all respects, by the laws of the State of Pakistan, regardless of their conflict of laws provisions.
Your use of the platform, pro services, or content will only be at your own risk. You acknowledge and agree that kam kaj has no obligation, but reserves the right for any reason, to (a) monitor or review the content of the user; or (b) for any authorization purpose, verification of identity of conduct, context (including criminal context) or control of sex offenders registered on all members, including, but not limited to, members of the service and client members. The platform is provided "as is", without warranty of any kind, express or express or implied. Without limiting the above, kam kaj and its subsidiaries and subsidiaries, and their directors, directors, employees and respective agents expressly disclaim any warranty of merchantability, fitness for a particular purpose, quiet enjoyment or non-violation; all guarantees arising from the processing or use of or in trade; any guarantee, representations or warranties relating to this platform or pro services offered on or through this platform; and any warranty regarding quality, convenience, truth, accuracy or completeness of any information or material contained or presented on this platform, including without limitation all mutual contents. Kam kaj makes no guarantee that the platform or pro services will meet your needs or will be available on uninterruption, base secured or error free. Kam kaj assumes no responsibility and will not be responsible for all damages to your computer equipment or other ownership on the account of your access or use platform. Kam kaj will not be liable for any defamatory, offensive or illegal conduct of a third party, or any loss or damage of any nature which results from the use of public data, information, materials, substances or content, published, transmitted, or available via the platform. No advice or information, oral or written, obtained de kam or by the platform, will create a warranty not expressly made here.
You are sole responsible for all your communications and interactions with other users or members of the platform and other people with whom you communicate result of your use of the platform, including, but not limited to, any member of the customer, service members or recipients of service. You understand that kam kaj does not attempt to verify declarations by users of the platform or review or vet pro services. Kam kaj makes it no representation or warranty regarding the conduct of users of the platform or their compatibility with any current or future user of the platform. You agree to take reasonable precautions in all communications and interactions with other users of the platform and with other persons communicating or interacting following your use of the platform, in particular if you decide to meet offline or in person and give or receive pro services. kam kaj expressly disclaims any liability for any act or omission by any user or third.
You acknowledge and agree that, to the maximum extent permitted by law, all risks arising from your access to the platform and its content and use offering or providing pro services, or requesting or receiving pro services by the platform and all contact with other users of kam kaj or third parties, person or online, stay with you. Ni kam kaj or any other party involved in the creation, the production or delivery of the platform will be responsible ( warranty, contract, tort (including negligence), product liability or any other legal theory, and if has kaw kaj been advised of the possibility of these damages, even if limited remedy provided herein is found to have defected its essential purpose) for:
(a) all incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of good will;
(b) service interruption, damage or computer system failure;
(c) the cost of replacement products or services;
(d) all damages for personal or personal injuries or emotional distress arising from or in connection with these terms;
(e) use or inability to use platform, pro or collective services content;
(f) any communication, interaction or meeting with other users of the platform or other people with whom you communicate or interact as a result your use of platform; or
(g) your offering or providing pro services, or requesting or receiving pro services by the platform.
In no event shall the comprehensive and complete liability of kam kaj and ses affiliates and subsidiaries, and their responsables, directors, employees and agents, arising from or related to terms, platform, pro and / or collective services content, or use or inability to use the platform or content or in relation to all pro services or interactions with every other users exceed the total amount of costs currently paid to kam kaj by you below or 100 us dollars if no such payment was made, in force. IN FORCE.
Force Majeure : other than payment obligations, neither Kam Kaj nor you will be responsible towards the other for any delay or failure in the execution under conditions arising out of a cause beyond his control and without his fault or negligence. These causes may include, but are not limited to, fires, floods, earthquakes, strikes, unavailability of necessary public services, power cuts, force majeure, declared or unregistered acts war, the acts of regulators or national disasters.
No third party beneficiary : you agree that, unless expressly provided otherwise in these Terms, no third party beneficiaries of these conditions.
Contacting You and E-SIGN Consent: You agree that Kam Kaj may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. With your consent, Kam Kaj or Service Members may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from Kam Kaj or Service Members, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to support@kamkaj.pk with "Revoke Electronic Consent" in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access; and (b) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, send an email to support@kamkaj.pk with contact information and the address for delivery.
Entire agreement : these terms, as well as the Privacy Policy and other legal notices or supplemental terms or conditions policies published by Kam Kaj on the platform, constitute the totality agreement between you and Kam Kaj regarding the platform or the professional services obtained through the platform. Unless explicitly stated in this document, if a provision of the conditions are deemed invalid by a competent court, the invalidity of these provision does not affect the validity of the remaining provisions of the Conditions, which stay in full force and effect.
Waiver : No waiver of any provision of these Terms shall be considered an additional or continued waiver of this clause or any other condition, and Kam Kaj's failure to enforce any right or provision under these Terms does not constitute a waiver of this right or provision.
Section Headers : The section titles of these Conditions are for convenience only and have no legal or contractual effect.
Contact Information: If you have any questions about these Terms or the Platform, please contact us by sending an email to support@kamkaj.pk.