Terms of Service

1. Acceptance of Terms

Welcome to Barqat ("Company," "we," "us," "our," or "Service"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Barqat governing your access to and use of our mobile application, website, and associated services (collectively, the "Service").

By accessing, downloading, installing, or using the Service in any way, you acknowledge that you have read, understood, and agree to be bound by all provisions of these Terms.

1.1 Legal Authority

By using this Service, you represent and warrant that:

• You are at least 18 years old or the minimum age required in your jurisdiction
• You are legally capable of entering into binding contracts
• You are not a person or entity prohibited from using the Service under applicable laws
• All information you provide is accurate and truthful

2. Key Definitions

3. User Accounts & Registration

3.1 Account Creation

To use certain features of the Service, you must create an account by providing:

• Valid phone number (Note: Basic registration is used during pilot testing; OTP verification will be implemented later)
• Full name
• Email address
• Business details (if applicable)
• Additional information as requested

3.2 Account Responsibility

You are solely responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of unauthorized access
• Complying with all applicable laws in your use of the Service

Important: Barqat is not liable for any loss or damage resulting from your failure to protect your password or account.

3.3 Account Suspension & Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms
• You engage in fraud or illegal activity
• You abuse the Service or other users
• Payment is not received or is declined repeatedly
• You provide false or misleading information

3.4 Account Closure

You may request account closure at any time. Upon closure:

• Your account will be deactivated
• You will lose access to any pending orders or benefits
• Your personal data will be handled per our Privacy Policy
• Some data may be retained for legal/financial purposes

4. Usage Rights & License

4.1 Limited License

Subject to your compliance with these Terms and applicable laws, Barqat grants you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Service for its intended purpose
• Download the application to your personal device
• Store a local copy of Content for personal, non-commercial use

4.2 License Restrictions

Your license does NOT permit you to:

• Modify or alter the Service or Content
• Reverse engineer, decompile, or disassemble the Service
• Remove copyright notices or attribution
• Use the Service for commercial purposes (unless authorized)
• Sublicense or transfer your rights to others
• Use the Service on unlicensed or modified devices

4.3 Intellectual Property Rights

All Barqat Content is protected by copyright, trademark, and other intellectual property laws. All rights are reserved unless expressly granted in writing.

5. Prohibited Activities

You agree NOT to:

5.1 Illegal Activities

• Violate any federal, state, local, or international law
• Engage in fraud, scams, or deceptive practices
• Provide false identity or business information
• Money laundering or financial crimes
• Any activity that would constitute a criminal offense

5.2 Intellectual Property Violations

• Infringe on patents, copyrights, trademarks, or trade secrets
• Use Content without proper authorization
• Create competing services using our Content
• Plagiarize or misattribute Content

5.3 Technical Violations

• Hack, crack, or attempt unauthorized access
• Create bots, scrapers, or automated tools
• Bypass security measures or restrictions
• Interfere with server functionality
• Denial-of-service attacks

5.4 Abusive Behavior

• Harassment, bullying, or threats toward other users
• Hate speech or discriminatory content
• Spam, unsolicited marketing, or bulk messaging
• Defamatory or false statements
• Sexual exploitation or abuse content

5.5 Commercial Violations

• Resale or redistribution of the Service
• Price manipulation or market manipulation
• Unfair competition or tortious interference
• Collusion with other sellers to fix prices
• Multi-level marketing or pyramid schemes

6. Intellectual Property Rights

6.1 Ownership

Barqat retains all ownership and intellectual property rights to:

• The Service and all features
• Logo, branding, and trademarks
• Software code and algorithms
• Documentation and written materials
• Product descriptions and photographs
• Any Content created by Barqat or its licensors

6.2 User Content

You retain ownership of User Content you create. However, by submitting User Content, you grant Barqat a:

• Worldwide, royalty-free, non-exclusive license to use, copy, modify, and display your User Content
• Right to use your content for platform improvement and moderation
• Right to publicly display content (reviews, ratings, etc.)

6.3 Limited Reproduction

Users may:

• Print or save pages for personal, non-commercial use
• Make excerpts for review or commentary
• Share links to the Service

Unauthorized copying, distribution, or modification of Content is prohibited.

7. Limitation of Liability

7.1 "AS-IS" Disclaimer

THE SERVICE IS PROVIDED "AS-IS" AND "AS-AVAILABLE" without any warranties, express or implied. Barqat disclaims all warranties including:

• Merchantability or fitness for a particular purpose
• Non-infringement of third-party rights
• Uninterrupted, error-free, or secure operation
• Accuracy or completeness of Content

7.2 Limitation of Damages

IN NO EVENT SHALL BARQAT BE LIABLE FOR:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Lost goodwill or reputational harm
• Even if advised of the possibility of such damages

7.3 Liability Cap

Barqat's total liability shall not exceed the amount you paid to Barqat in the 12 months preceding the claim.

7.4 Exceptions

These limitations do not apply to:

• Personal injury or death claims
• Fraudulent or willful misconduct by Barqat
• Violations of law that cannot be waived
• Liability that cannot be limited by applicable law

8. Dispute Resolution

8.1 Informal Resolution

Before initiating formal proceedings, you agree to:

1. Contact us with a detailed written description of the dispute
2. Allow 30 days for Barqat to respond
3. Attempt good-faith negotiation to resolve the dispute
4. Email: [email protected]

8.2 Governing Law

These Terms are governed by and construed in accordance with the laws of Pakistan, without regard to conflict of law principles.

8.3 Arbitration

You and Barqat agree to resolve disputes through binding arbitration rather than court proceedings, except:

• Small claims court disputes (if available)
• IP infringement claims
• Enforcement of arbitration awards

8.4 Class Action Waiver

YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS. All disputes must be resolved individually.

8.5 Jurisdiction & Venue

Any legal action not subject to arbitration shall be filed exclusively in courts located in Pakistan.

9. Termination & Suspension

9.1 Termination by You

You may terminate these Terms at any time by:

• Deleting the Service from your device
• Requesting account closure via [email protected]
• Ceasing use of the Service

9.2 Termination by Barqat

Barqat may terminate or suspend your account immediately for:

• Violation of these Terms
• Illegal activity or fraud
• Non-payment of fees
• Abuse of the Service
• Any violation of this Agreement

9.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• You must delete the Service from your devices
• Survival clauses remain in effect (Limitation of Liability, Indemnification, etc.)
• Outstanding obligations must still be fulfilled

9.4 Survival

The following sections survive termination: IP Rights, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law.

10. Modifications to Terms

10.1 Right to Modify

Barqat reserves the right to modify these Terms at any time. Changes are effective:

• Immediately upon posting (for non-material changes)
• With 30 days notice (for material changes)
• As required by law (immediately)

10.2 Your Notification

We will notify you of material changes via:

• In-app notification
• Email notification
• Updated Terms posted on the Service

10.3 Continued Use

Your continued use of the Service after changes constitute acceptance of the modified Terms.

10.4 Service Modifications

Barqat may modify, suspend, or discontinue the Service or any features at any time with reasonable notice.

11. Payment & Refunds

11.1 Payment Terms

• All prices displayed are in PKR (Pakistani Rupee) unless otherwise stated
• Payment must be made via approved payment methods
• You authorize charges on your payment method
• All sales are final unless otherwise specified

11.2 Taxes

You are responsible for any applicable taxes. Barqat will collect and remit taxes as required by law.

11.3 Refunds

• Refund requests must be submitted within 30 days of purchase
• Refunds are processed within 5-10 business days
• Refunds are issued to the original payment method
• Barqat reserves the right to deny refunds for abuse

12. Indemnification

You agree to indemnify and hold harmless Barqat, its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any law or third-party rights
• Your User Content or submissions
• Your breach of representations and warranties

13. General Provisions

13.1 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Barqat regarding the Service.

13.2 Severability

If any provision is found to be invalid or unenforceable, the remaining provisions remain in full effect.

13.3 Waiver

Failure to enforce any right does not constitute a waiver of that right.

13.4 Assignment

You may not assign these Terms or your rights. Barqat may assign these Terms to any successor.

13.5 Notices

Legal notices must be sent to: [email protected]

13.6 No Third-Party Beneficiaries

These Terms are between you and Barqat only. No third party has any rights hereunder.

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