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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
This Terms of Use Agreement (the "Agreement") describes the terms and conditions
applicable to your use of the web site which is identified by the uniform
resource locator www.PakistaniExporters.com (the "Site"). This Agreement is
entered into between you as the user of the Site (the "User") and
PakistaniExporters.com
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1.
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Application of and Acceptance of Terms and Conditions. |
| 1.1 |
For purposes of this Agreement, a "User" is any person who accesses the Site
for whatever purpose, regardless of whether such User has registered with
PakistaniExporters.com as a registered user or whether such User is a paying
customer for a specific service provided by PakistaniExporters.com. A User
includes the person using this Site and any legal entity which may be
represented by such person under actual or apparent authority. |
| 1.2 |
By accessing or using the Site, you hereby agree to accept the terms and
conditions set forth in this Agreement as a User. You shall be bound by the
terms and conditions of this Agreement with respect to your access or use of
this Site and any further upgrade, modification, addition or change to this
Site. If you do not accept all of the terms and conditions of this Agreement,
please do not use this Site.
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| 1.3
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This Agreement applies to each Paid Service (as defined below) in addition to
any terms and conditions that may be applicable to such specific Paid Service. |
| 1.4
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PakistaniExporters.com may amend this Agreement at any time by posting the
amended and restated Agreement on the Site. The amended and restated Agreement
shall be effective immediately upon posting. Posting by PakistaniExporters.com
of the amended and restated Agreement and your continued use of the Site shall
be deemed to be acceptance of the amended terms. This Agreement may not
otherwise be modified, except in writing by an authorized officer of
PakistaniExporters.com.
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2.
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Charges and Fees; Paid Services
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| 2.1
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Access to the Site and certain of its features are provided to all Users free
of charge. However, PakistaniExporters.com reserves the right, without prior
notice, to charge each User fees for the use of or access to the Site or its
features.
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| 2.2
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PakistaniExporters.com provides certain services to Users who have undergone a
specific registration process and agreed to pay for such services ("Paid
Services"). Access to and use of certain features and content of the Site that
are part of a Paid Service are governed by additional terms and conditions
under separate agreements in addition to this Agreement. |
| 2.3
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The following features of the Site, among other things, are part of Paid
Services
a) Submit, edit and display of company information in a
Company Profile
b) Submit, edit and display of product related information
(including product images) in a Product Catalog or Showroom
c) Submit, edit and display of offers to sell products or
services or general advertising messages as Trade Leads
d) Access to PakistaniExporters.com Global Buyer and sellers
Database |
| 2.4
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PakistaniExporters.com reserves the right to deny Paid Services to any User for
whatever reason in order to protect PakistaniExporters.com interests.
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3.
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Users Generally.
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| 3.1
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Users may use this Site solely for their own personal or internal purposes.
Each User agrees that it shall not copy, reproduce or download any information,
text, images, video clips, directories, files, databases or listings available
on or through the Site (the " PakistaniExporters.com Content") for the purpose
of re-selling or re-distributing the PakistaniExporters.com Content, mass
mailing (via emails, wireless text messages, physical mail or otherwise),
operating a business that competes with PakistaniExporters.com, or otherwise
commercially exploiting the PakistaniExporters.com Content.
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| 3.2
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Some of the PakistaniExporters.com Content displayed on this Site is provided
or posted by third parties ("Third Party Content"). Neither
PakistaniExporters.com nor any of our affiliates, directors, officers or
employees has entered into any sales agency relationship with such third party
by virtue of PakistaniExporters.com display of the Third Party Content on the
Site. Any Third Party Content is the sole responsibility of the party who
provided the content. PakistaniExporters.com is not responsible for the
accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and
shall not be liable to any User in connection with such User's reliance of such
Third Party Content. In addition, PakistaniExporters.com is not responsible for
the conduct of any User's activities on the Site, and shall not be liable to
any person in connection with any damage suffered by any person as a result of
such User's conduct.
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| 3.3
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PakistaniExporters.com may allow Users access to content, products or services
offered by third parties through hyperlinks (in the form of word link, banners,
channels or otherwise) to such third party's web site. User acknowledges that
PakistaniExporters.com has no control over such third party's web site and
PakistaniExporters.com shall not be responsible or liable to anyone for such
web site, or any content, products or services made available on such web site.
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| 3.4
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Messages or information sent by a User through communication systems provided
by the Site, or through emails, fax or letters to addressees obtained from the
Site, shall not contain any of the materials described in the provisions of
Section 5.5 below.
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| 3.5
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PakistaniExporters.com reserves the right to limit, deny or create different
access to the Site and its features with respect to different Users, or to
change any of the features or introduce new features without prior notice. Each
User acknowledges that inability to use the Site wholly or partially for
whatever reason may have adverse effects on its business. Each User hereby
agrees that in no event shall PakistaniExporters.com be liable to the User or
any third parties for any inability to use the Site (whether due to disruption,
limited access, changes to or termination of any features on the Site or
otherwise), any delays, errors or omissions with respect to any communications
or transmission, or any damage (direct, indirect, consequential or otherwise)
arising from the use of or inability to use the Site or any of its features.
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| 3.6
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No User shall undertake any scheme to undermine the integrity of the computer
systems or networks used by PakistaniExporters.com and/or any other User and no
User shall attempt to gain unauthorized access to such computer systems or
networks. |
| 3.7
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We urge that you read PakistaniExporters.com Privacy Policy [link] which
governs the protection and use of each User's information in
PakistaniExporters.com possession. Each User hereby accepts the Privacy Policy
and any updates and amendments thereto. Each User acknowledges that
PakistaniExporters.com may change the Privacy Policy from time to time provided
that PakistaniExporters.com shall make available the updated version of the
Privacy Policy on the Site at all times. Your continuation of use of the Site
shall be deemed to be your acceptance of the Privacy Policy which is then
displayed on the Site at the time of such use.
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4.
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Registered Users |
| 4.1
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Each User who has filled out an on-line registration form on the Site by giving
its information (such as name, address, telephone and fax number, email
address, details of its business, etc.) is a registered user of
PakistaniExporters.com (a "Registered User"). PakistaniExporters.com will
establish an account ("Account") for each Registered User and each Registered
User is assigned a user alias ("User ID") and password ("Password") for log-in
access to its own Account. |
| 4.2
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Registered Users shall not access or enjoy the benefits of any Paid Services
without payment for such services; provided, however, that
PakistaniExporters.com may permit such free access or enjoyment of Paid
Services by a Registered User on a case-by-case basis; provided, further, that
PakistaniExporters.com reserves the right at any time to deny access to any
Paid Service (including but not limited to termination of the Account of such
Registered User) if the Registered User has not paid PakistaniExporters.com the
relevant charges and fees under the terms of such Paid Service.
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| 4.3
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PakistaniExporters.com may suspend or terminate a Registered User's Account at
any time by giving no less than 24-hour notice to the Registered User;
provided, however, that notice is not required for such termination if, in
PakistaniExporters.com determination, there is any breach of the provisions of
this Agreement by the Registered User.
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| 4.4
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Notwithstanding Section 4.1 above, PakistaniExporters.com may refuse
registration and deny the issuance of an Account and associated User ID and
Password to any User for whatever reason.
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5.
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Users Who Post Information on PakistaniExporters.com
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| 5.1
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You must be a Registered User in order to post information on the Site using
the self-help submit and edit tools provided through the Site. Your status as a
Registered User is governed by the provisions of Section 4 above. |
| 5.2
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No sales agency relationship is created between any User and
PakistaniExporters.com, our affiliates, directors, officers or employees by
virtue of PakistaniExporters.com display of any of the User's information on
the Site.
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| 5.3 |
Each User hereby represents, warrants and agrees to (a) provide
PakistaniExporters.com with true, accurate, current and complete information to
be displayed on the Site and (b) maintain and promptly amend all information to
keep it true, accurate, current and complete. Each User hereby grants an
irrevocable, perpetual, worldwide and royalty-free license to
PakistaniExporters.com to display and use all information provided by such User
in accordance with the purposes set forth in this Agreement. Each User further
agrees that by posting any material or information anywhere on the Site it
surrenders its copyright and any other proprietary right in the posted material
or information.
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| 5.4
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Each User hereby represents, warrants and agrees that it has obtained all
necessary third party copyright or trademark licenses and permissions and shall
be solely responsible for ensuring that any material or information it posts on
the Site or provides to PakistaniExporters.com or authorizes
PakistaniExporters.com to display does not violate the copyright, trademark,
trade secret or any other personal or proprietary rights of any third party or
is posted with the permission of the owner(s) of such rights. |
| 5.5
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Each User hereby represents warrants and agrees that information submitted to
PakistaniExporters.com for display on the Site shall not:
a) contain fraudulent information or make fraudulent offers of
items or involve the sale or attempted sale of counterfeit or stolen items or
items whose sales and/or marketing is prohibited by applicable law, or
otherwise promote other illegal activities;
b) Be part of a scheme to defraud other Users of the Site or
for any other unlawful purpose;
c) relate to sale of products or services that infringe or
otherwise abet or encourage the infringement or violation of any third party's
copyright, patent, trademarks, trade secret or other proprietary right or
rights;
d) Violate any applicable law, statute, ordinance or
regulation (including without limitation those governing export control,
consumer protection, unfair competition, anti-discrimination or false
advertising);
e) Be defamatory, libelous, unlawfully threatening or
unlawfully harassing;
f) be obscene or contain or infer any pornography or
sex-related merchandising or any other content or otherwise promotes sexually
explicit materials or is otherwise harmful to minors;
g) Promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation or age;
h) contain any material that constitutes unauthorized
advertising or harassment (including but not limited to spamming), invades
anyone's privacy or encourages conduct that would constitute a criminal
offence, give rise to civil liability, or otherwise violate any law or
regulation;
i) Solicit business from any Users in connection with a
commercial activity that competes with PakistaniExporters.com; or
j) Contain any computer viruses or other destructive devices
and codes that have the effect of damaging, interfering with, intercepting or
expropriating any software or hardware system, data or personal information.
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| 5.6
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PakistaniExporters.com reserves the right in it sole discretion to remove any
material displayed on the Site which it reasonably believes is unlawful, could
subject PakistaniExporters.com to liability, violates this Agreement or is
otherwise found inappropriate in PakistaniExporters.com opinion.
PakistaniExporters.com reserves the right to cooperate fully with governmental
authorities, private investigators and/or injured third parties in the
investigation of any suspected criminal or civil wrongdoing. In connection with
any of the foregoing, PakistaniExporters.com may suspend or terminate the
Account of any User as PakistaniExporters.com deems appropriate in its sole
discretion. |
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6.
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Transactions between Buyers and Suppliers
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| 6.1
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Through the Site, PakistaniExporters.com provides an electronic web-based
platform for exchanging information between buyers and suppliers of products
and services. PakistaniExporters.com does not represent the seller or the buyer
in specific transactions and does not charge any commissions from completing
any transactions. As a result, PakistaniExporters.com does not control and is
not liable to or responsible for the quality, safety, lawfulness or
availability of the products or services offered for sale on the Site or the
ability of the suppliers to complete a sale or the ability of buyers to
complete a purchase. |
| 6.2
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Each User acknowledges that it is fully assuming the risks of purchase and sale
transactions when using the Site to conduct transactions, such risks shall
include, but not limited to, mis-representation of products and services,
fraudulent schemes, unsatisfactory quality, failure to meet specifications,
defective products, delay or default in delivery or payment, cost
mis-calculations, breach of warranty, breach of contract and transportation
accidents ("Transaction Risks"). Each User agrees that PakistaniExporters.com
shall not be liable or responsible for any damages that may arise a result of
or in connection with any Transaction Risks.
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| 6.3
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Users are solely responsible for all of the terms and conditions of the
transactions conducted on, through or as a result of use of the Site,
including, without limitation, terms regarding payment, returns, warranties,
shipping, insurance, fees, taxes, title, licenses, fines, permits, handling,
transportation and storage.
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| 6.4
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In the event that any User has a dispute with any party to a transaction, such
User agrees to release and indemnify PakistaniExporters.com (and our agents,
affiliates, directors, officers and employees) from all claims, demands,
actions, proceedings, costs, expenses and damages (including without limitation
any actual, special, incidental or consequential damages) arising out of or in
connection with such transaction.
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7.
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Limitation of Liability
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| 7.1
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THE FEATURES AND SERVICES ON THE PAKISTANIEXPORTERS.COM SITE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS, AND PAKISTANIEXPORTERS.COM HEREBY EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY,
RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH
WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY
EXCLUDED.
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| 7.2
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PAKISTANIEXPORTERS.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE
VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS
OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. |
| 7.3
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Any material downloaded or otherwise obtained through the Site is done at each
User's sole discretion and risk and each User is solely responsible for any
damage to its computer system or loss of data that may result from the download
of any such material. No advice or information, whether oral or written,
obtained by any User from PakistaniExporters.com or through or from the Site
shall create any warranty not expressly stated herein.
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| 7.4
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Under no circumstances shall PakistaniExporters.com be held liable for an delay
or failure or disruption of the content or services delivered through the Site
resulting directly or indirectly from acts of nature, forces or causes beyond
its reasonable control, including without limitation, Internet failures,
computer, telecommunications or any other equipment failures, electrical power
failures, strikes, labor disputes, riots, insurrections, civil disturbances,
shortages of labor or materials, fires, flood, storms, explosions, Acts of God,
war, governmental actions, orders of domestic or foreign courts or tribunals or
non-performance of third parties.
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| 7.5
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Each User hereby agrees to indemnify and save PakistaniExporters.com, its
affiliates, directors, officers and employees harmless, from any and all
losses, claims, liabilities (including legal costs on a full indemnity basis)
which may arise from such User's use of the Site (including but not limited to
the display of such User's information on the Site) or from its breach of any
of the terms and conditions of this Agreement. Each User further agrees that
PakistaniExporters.com is not responsible and shall have no liability to it,
for any material posted by others; including defamatory, offensive or illicit
material and that the risk of damages from such material rests entirely with
each User.
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| 7.6
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PakistaniExporters.com shall not be liable for any special, direct, indirect,
punitive, incidental or consequential damages or any damages whatsoever
(including but not limited to damages for loss of profits or savings, business
interruption, loss of information), whether in contract, negligence, tort or
otherwise or any other damages resulting from any of the following:
a) The use or the inability to use the Site;
b) Any defect in goods, samples, data, information or services
purchased or obtained from a User or a third-party service provider through the
Site;
c) Unauthorized access by third parties to data or private
information of any User;
d) Statements or conduct of any User of the Site; or
e) Any matters relating to Paid Services however arising,
including negligence.
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8.
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Intellectual Property Rights |
| 8.1
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PakistaniExporters.com is the sole owner or lawful licensee of all the rights
to the Site and the PakistaniExporters.com Content. The Site and
PakistaniExporters.com Content embody trade secrets and intellectual property
rights protected under worldwide copyright and other laws. All title, ownership
and intellectual property rights in the Site and PakistaniExporters.com Content
shall remain with PakistaniExporters.com, its affiliates or licensors of the
PakistaniExporters.com Content, as the case may be. All rights not otherwise
claimed under this Agreement or by PakistaniExporters.com are hereby reserved. |
| 8.2
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"PAKISTANIEXPORTERS.COM" and related icons and logos are registered trademarks
or trademarks or service marks of PakistaniExporters.com in various
jurisdictions and are protected under applicable copyright, trademark and other
proprietary rights laws. The unauthorized copying, modification, use or
publication of these marks is strictly prohibited.
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9.
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Notices
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| 9.1
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All notices or demands to or upon PakistaniExporters.com shall be effective if
in writing and shall be duly made when sent to PakistaniExporters.com in the
following manner: 66C. 3rd Floor, Commercial Area “A”, Phase II DHA – Karachi,
Pakistan-75500, 9.2 All notices or demands to or upon a User shall be effective
if either delivered personally, sent by courier, certified mail, by facsimile
or email to the last-known correspondence, fax or email address provided by the
User to PakistaniExporters.com. Notice to a User shall be deemed to be received
by such User if and when (a) PakistaniExporters.com is able to demonstrate that
communication, whether in physical or electronic form, has been sent to such
User, or (b) immediately upon PakistaniExporters.com's posting such notice on
an area of the Site that is publicly accessible without charge. |
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10.
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General
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| 10.1
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Subject to any additional agreements relating to Paid Services, this Agreement
and the Privacy Policy constitute the entire agreement between the User and
PakistaniExporters.com with respect to access to and use of the Site,
superseding any prior written or oral agreements in relation to the same
subject matter herein.
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| 10.2
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If any provision herein is held to be invalid or unenforceable, such provision
shall be struck and the remaining provisions shall be enforced.
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| 10.3 |
Headings are for reference purposes only and in no way define, limit, construe
or describe the scope or extent of such section.
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10.4 PakistaniExporters.com failure to enforce any right or failure to act with
respect to any breach by a User under these terms and conditions will not waive
that right nor waives PakistaniExporters.com right to act with respect with
subsequent or similar breaches.
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| 10.5 |
PakistaniExporters.com shall have the right to assign its obligations and
duties in this Agreement and in any agreement relating to Paid Services to any
person or entity.
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| 10.6
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This Agreement shall be governed by the laws of the Islamic Republic of
Pakistan without regard to its conflict of law provisions.
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