i. Welcome to cubeonline.pk also hereby known as “we”, “us” or “CUBE”. We are an e-commerce portal, and these are the terms and conditions governing your access and use of ‘’CUBE’’ along with its related sub-domains, sites, mobile app, services and tools (the “Site”). By using the Site, you hereby accept these terms and conditions (including the linked information herein) and represent that you agree to comply with these terms and conditions (the “User Agreement”). This User Agreement is deemed effective upon your use of the Site, which signifies your acceptance of these terms. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.
ii. The Site reserves the right to change, modify, add, or remove portions of these Terms and Conditions at any time without any prior notification. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to Terms and Conditions of use constitutes your acceptance of those changes.
iii. We have tried to keep our Terms and Conditions as clear as possible, and give you all the information we can (but not too much) about your online transactions so that you completely understand the whole process, from order to delivery and beyond including payments. It’s really important to us that your online shopping experience meets expectations, so please spend a few minutes and read on the Terms and Conditions in detail.
2. YOUR ACCOUNT:
i. To access certain services offered by cubeonline.pk, we may require you to create an account with us or provide personal information to complete the creation of an account. We may at any time in our sole and absolute discretion, invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered or caused by, arising out of, in connection with or by reason of such request or invalidation.
ii. You are responsible for maintaining the confidentiality of your user identification, password, account details and related private information. You agree to accept this responsibility and ensure your account and it’s related details are maintained securely at all times and all necessary steps are taken to prevent misuse of your account. You should inform us immediately at firstname.lastname@example.org if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
iii. You agree and acknowledge that any use of the Site and related services offered and/or any access to private information, data or communications using your account and password shall be deemed to be either performed by you or authorized by you as the case may be.
iv. You agree to be bound by any access of the Site and/or use of any services offered by the Site (whether such access or use are authorized by you or not).
v. You agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you.
vi. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses arising from the use of or access to the Site through your account.
vii. Please ensure that the details you provide us with are correct and complete at all times. You are obligated to update details about your account in real time by accessing your account online.
viii. We reserve the right to refuse access to the Site, terminate accounts, remove or edit content at any time without prior notice to you. We may at any time in our sole and absolute discretion, request that you update your personal Data or forthwith invalidate the account or related details without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation.
ix. You hereby agree to change your password from time to time and to keep your account secure and also shall be responsible for the confidentiality of your account and liable for any disclosure or use (whether such use is authorized or not) of the username and/or password.
4. CONTINUED AVAILABILITY OF THE SITE:
We will do our utmost to ensure that access to the Site is consistently available and is uninterrupted and error-free. However, due to the nature of the Internet and the nature of the Site, this cannot be guaranteed. Additionally, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will however try our best to limit the frequency and duration of any such suspension or restriction.
5. AGE RESTRICTION TO ACCESS THE SITE:
We require that by accessing the Site, you confirm that you can form legally binding contracts and therefore you confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian.
6. LICENSE TO ACCESS THE SITE:
i. We grant you a non-transferable, revocable and non-exclusive license to use the Site, in accordance with the Terms and Conditions described herein, for the purposes of shopping for personal items and services as listed to be sold on the Site.
ii. We grant you a limited access and make personal use of this Site, but not to download (excluding page caches) or modify the Site or any portion of it in any manner. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
iii. 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 from us as may be applicable.
7. RESTRICTED ACTIVITIES:
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. Following are some of the restricted activities:
a) 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.
b) Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity.
c) Use the Site for illegal purposes.
d) Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Site.
e) Interfere with another’s utilization and enjoyment of the Site;
f) Post, promote or transmit through the Site any prohibited materials as deemed illegal by Laws of the Land of Pakistan.
g) 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.
8. OUR CONTRACT AFTER YOU HAVE ORDERED:
i. Once you have submitted an order you will be given an Order Reference Number and details of the products (and/or services) you have ordered. You will then receive an email headed Order Acknowledgement recognizing receipt of your order.
ii. We will then send a further email headed Order Confirmation. This second email also lets you know how your products will be delivered to you. If we have to cancel all or part of your order for any reason, we will email you to let you know.
iii. If your order is dispatched in more than one package, you may receive separate dispatch confirmations.
9. PRICES AND PAYMENTS:
i. As you would expect all our prices are in Pakistani Rupee and inclusive of GST. The total cost of your order will be the price of the products you order, the delivery charges, plus any additional services you choose. You will see the breakup of charges in your Shopping Basket before you submit an order.
ii. Items in your Shopping Cart will always reflect the most recent price displayed on the ‘item’s product detail page’. Please note that this price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart does not reserve the price shown at that time. It is also possible that an item’s price may increase or decrease between the time you place it in your cart and the time you purchase the same.
iii. We take all reasonable steps to ensure all details, descriptions and prices of products and services are correct at the time the information was entered onto the system. Sometimes we have to hold our hands up and admit we have made a mistake by unintentionally publishing inaccurate information on the site (e.g. the price, description or availability of a product you have ordered). Order can be canceled if price of the product not displayed accurately or the product is unavailable.
10. MODE OF PAYMENT:
The mode of payment will be instant cash on delivery (COD) and Cube will not accept payment through any other mode.
i. You will get estimated time of delivery at the time of order confirmation. You can also track your order from the tracking number provided to you.
ii. Please note however that dispatch timings are approximate and not confirmed as we are dependent on third party courier service providers. So, the Cube shall not take the responsibility of any delay intentional or unintentional on the part of courier service provider.
12. THE CONTRACT:
i. Your order is a legal offer to Cube to buy the product or service displayed on our Site. When you place an order to purchase a product, any confirmations or status updates received prior to the dispatch of your order serves purely to validate the order details provided and in no way implies the confirmation of the order itself.
ii. The acceptance of your order is considered confirmed when the product is dispatched to you. If your order is dispatched in more than one package, you may receive separate dispatch confirmations.
iii. Cube retains the right to cancel any order at its sole discretion prior to dispatch. We will ensure that there is timely intimation to you of such cancellation via an email. However any delay will not constitute any breach in the part of Cube.
iv. You confirm that products ordered by you are purchased for your internal / personal consumption and not for commercial re-sale.
v. Cube may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the Cube and may vary from individual to individual.
vi. Please Note that we sell products only in quantities, which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprises a quantity typical for a normal household.
13. WAYS TO CANCEL YOUR PURCHASE:
You can cancel your order from my account page using cancellation request button or by emailing at email@example.com.
14. INTELLECTUAL PROPERTY RIGHTS:
i. cubeonline.pk, Cube logo, Cube and other marks indicated on our Site are trademark or registered trademarks in the relevant jurisdiction(s). Our graphics, logos, page headers, button icons, scripts and service names are the trademarks or Copy Rights and may not be used in connection with any product or service that does not belong to us or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks that appear on this site are the property of their respective brand owners, who may or may not be affiliated with, connected to, or sponsored by us.
ii. All intellectual property rights not limited to Copy Rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property under the Intellectual Property Organization of Pakistan Act, 2012 and other relevant laws.
iii. The entire contents of the Site also are protected by Copyright as a collective work under Intellectual Property Organization of Pakistan Act, 2012 and other relevant laws. All rights are reserved otherwise.
iv. The content of the Site is protected by Copyright, Trademarks, Database and other Intellectual Property Rights. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from ‘Cube’.
i. You acknowledge and undertake that you are accessing the services on the Site and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Site.
ii. We shall neither be liable nor responsible for any actions or inactions of products manufacturers nor any breach of conditions,
representations or warranties by the manufacturers of the products and hereby expressly disclaim any/all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the manufacturers of the products.
i. You shall indemnify and hold harmless CUBE, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms and Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
ii. You hereby expressly release Cube or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the manufacturers or other service providers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
17. LIMITATION OF LIABLILITY:
i. Cubeonline.pk shall not be liable for any direct, indirect, incidental, special or consequential damages in connection with this Policy/Agreement or the products in any manner, including liabilities resulting from the following:
a. The use or the inability to use the website content or products;
b. The cost of procuring substitute products or content;
c. Any products purchased or obtained or transactions entered into through the website;
d. Any lost profits customer alleges.
ii. Notwithstanding above, Cube’s entire liability, and customer’s exclusive remedy in law and/or in equity, shall be limited to the amount customer paid, less shipping and handling, for products purchased via the website.
18. COMMUNICATING WITH US:
i. When you visit the Site, or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone/ cell number while placing an order with us. We may communicate with you by either e-mail, Facebook, what’s app, SMS, phone call or by any other mode of communication we choose to employ.
ii. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website (and/or placement of your order) and agree to treat all modes of communication with the same importance.
19. AMENDMENTS TO CONDITIONS:
We reserve the right to make changes to the Site, its policies, these terms and conditions and any other publicly displayed condition or service promise at any time. You will be subject to the policies and terms and conditions in force at the time you used the Site unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
20. EVENTS BEYOND OUR CONTROL:
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause, which is beyond our reasonable control. This condition does not affect your statutory rights.
You acknowledge and recognize that we are a private 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.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination
23. GOVERNING LAW AND JURISDICTION:
These terms and conditions are governed by and construed in accordance with the laws of Pakistan. You agree, as we do, to submit to the exclusive jurisdiction of the courts in Lahore-Pakistan.
i. Our software includes any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Site (the “Software”). You may use the software solely for the purposes of enabling you to use and enjoy our services as permitted by the Terms and Conditions and any related applicable terms as available on the Site.
ii. You may not incorporate any portion of the Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part.
iii. You may not use the Software for any illegal purpose.
iv. We may cease providing you service and we may terminate your right to use the Software at any time.
v. Your rights to use the Software will automatically terminate without notice from us if you fail to comply with any of the Terms and Conditions listed here or across the Site.
vi. All software used in any of our services is our property and/or our affiliates or its software suppliers and protected by the laws of Pakistan including but not limited to any other applicable copyright laws.
vii. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with our software whether in whole or in part, or create any derivative works from or of the Software. In order to keep the Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
25. YOUR SUBMISSION:
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions without any notice or legal course applicable to us in this regard.
26. CLAIMS AGAINST OBJECTIONABLE CONTENT:
We list various products for sale offered by numerous manufactures on the Site and host multiple comments on listings, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, we operate on a “claim, review and takedown” basis. If you believe that any content on the Site is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, or menacing; ethnically objectionable, disparaging; or is otherwise injurious; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Pakistan or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“objectionable content”), please notify us immediately by following by writing to us on firstname.lastname@example.org. We will make all practical endeavours to investigate and remove valid objectionable content complained about within a reasonable amount of time. Please ensure to provide your name, address, contact information and as many relevant details of the claim including name of objectionable content party, instances of objection, proof of objection amongst other. Please note that providing incomplete details will render your objection invalid and unusable for legal purposes.
27. RESELLING CUBE PRODUCTS:
Reselling Cube products for business purpose is strictly prohibited. If any unauthorized person is found committing the above act, legal action may be taken against him/her.
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.
29. REPRESENTATIONS AND WARRANTIES:
i. We do not make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services listed to be sold on the Site. We do not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Site. We accept no liability for any errors or omissions.
ii. We are not responsible for any non-performance or breach of any warranty terms/contract entered into between you and the manufacturer of the products displayed online.
iii. We are not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products, which are out of stock, unavailable or back ordered.
iv. It is further reiterated that ‘Pricing’ on any product(s) or related information as reflected on the Site may due to some technical issue, typographical error or other reason be incorrect and as a result you accept that in such conditions we may cancel your order without prior notice or any liability arising as a result.
30. CONTACT US:
To enable us to answer your query as quickly as possible, please contact us at email@example.com. Kindly provide your name and phone number along with any other relevant information such as your order number or other purchase details. Thank you.