Terms of Service
These Terms of Service (“Terms”) govern your use of the websites, mobile applications and services (collectively, the “Services”) provided by Sirgarmi (as defined below).
These Terms applies to all users of the Services, including without limitation users who are sellers, buyers, merchants, or contributors of content, information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in this agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not permit.
These Terms are between you and “Sirgirmi” or between you and any different service provider identified for a particular Service. For ease of reference, each of “Sirgirmi”. and its subsidiaries are referred to in these Terms as only “Sirgirmi”.
By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink.
Sirgirmi reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.
If you have any questions, please refer to our Help Centre.
2. Use of the Services
Subject to your compliance with these Terms, “Sirgirmi” grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.
You shall use the Services in accordance with these Terms and shall not:
Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.
Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.
Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Services.
Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
Use the Services in violation of or to circumvent any sanctions or embargo.
Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of Sirgirmi or its affiliates, partners, suppliers or licensors.
Use the Services for any purpose for which it is not designed or intended.
Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by Sirgirmi.
Use any proprietary information or interfaces of Sirgirmi or any other intellectual property of Sirgirmi in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
Collect any information in respect of other users without their consent.
Commit any act to avoid paying any applicable fees and/or charges.
Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory.
Authorise or encourage anyone to do any of the foregoing. Sirgirmi reserves the right to claw back any cashbacks, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies.
You would need to have an account with Sirgirmi (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:
If you are an individual, you are at least 18 years of age.
If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.
You are capable of entering into and performing legally binding contracts under applicable law.
All information which you provide is accurate, up to date, truthful and complete.
If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You, therefore agree to:
Keep your password secure.
Keep your account information up to date at all times. Comply with Sirgirmi’s prevailing policies and guidelines (which form a part of these Terms) and all applicable laws with respect to your activities and the Content which you upload to the Services.
Unless expressly permitted by Sirgirmi and subject to these Terms and any other additional terms as Sirgirmi determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user's Account without their permission.
3.1 Sirgirmi Subscriptions
In addition, you may also claim, redeem and/or purchase subscriptions (“Subscriptions”) for access and use of additional features and Services via a subscription service on or via any of the Platforms (as defined below) or any of the methods as may be made available on the Platforms or as may be notified to you from time to time.
Any such purchases shall be in accordance with Sirgirmi’s prevailing subscription rules and fees which are as set out below and forms a part of these Terms.
4. Subscription Fees and Credits
You may subscribe to a paid account or purchase credits a “Credit” which enable you to place a listing in Top Spotlight (“Top Spotlight”) or a Top Spotlight in Priority ("Priority") for increased visibility for your listings in accordance with Sirgirmi’s prevailing listing and priority rules and charges, which can be found Pricing page in website, and forms a part of these Terms. Please also take the time to read the additional terms and conditions, as set out in Clause 11 below, that will apply when you choose to purchase Credits which may be used to pay for certain services like placing a listing in Top Spotlight (each, a “Top Spotlight Campaign”) and/or in Priority (each, a "Priority Campaign").
You acknowledge and agree that:
your listings may rise and fall in priority in relation to other users’ listings in accordance with Sirgirmi’s prevailing listing rules, formulae, and algorithms. Each Credit is an instant effect and all fees and/or charges paid by you to us for any Credit are non-refundable.
Sirgirmi does not represent or warrant that any Credit and/or any listing placed in Priority and/or Top Spotlight will lead to a like, offer, chat and by extension, sale. notwithstanding the above, there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms.
5. Fees and Payments
Depending on the type and/or number of listings you choose to post and any additional services you may request in relation to your Account or listing, you may be charged subscription fees or listing fees and/or fees and charges otherwise in relation to your Account or listing (collectively, the “Sirgirmi Fees”).
You may pay your Sirgirmi Fees using a credit card, debit card, cheque or by way of telegraphic or other electronic means of transfer. You may also pay your Sirgirmi Fees through any of the methods as may be made available on the Platforms or as may be notified to you from time to time.
You acknowledge and agree that: in the event of a subscription or recurring payment, you shall ensure that all payments are made and cleared by your bank before each monthly and/or annual recurring payment is due. For payments by credit card, your credit card account must be in good standing and remain valid for the monthly/annual charge(s) to be debited successfully. In the event of an unsuccessful payment, your Sirgirmi subscription or services will automatically be suspended and/or terminated if payments are not received within ten (10) days from due date.
If your credit card has expired, or if you wish to use a different credit card, please notify us promptly by sending us an email at least 14 days before your next subscription fee payment is due. Please indicate “Expiry/Change of CC details” at the subject header.
save as set out in Clause 4 above, all subscription fees, listing fees and/or other fees and charges paid by you to us with respect to your Account or otherwise for your access to and use of the Services, are non-refundable. For the avoidance of doubt, there will be no refunds of any Fees in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms;
You shall make prompt payment of all such Fees, in full before the due date stipulated by us for such payment (where applicable) and in accordance with our payment instructions. In the event of late payment or non-payment of amounts due to Sirgirmi, without prejudice to any other rights or remedies available to us, Sirgirmi shall be entitled to: (i) terminate and/or suspend your Account and/or your access to the Services; and/or (ii) charge you a late payment fee on the overdue amount at the rate of 1.5% per month, or, if lower, the maximum rate allowed by applicable law. You shall pay such fees together with the overdue Sirgirmi Fees and any legal fees and collection costs incurred by Sirgirmi in collecting any past due amounts. This fee will be applied on the day after the payment due date and will applied each month until the overdue amount is paid.
in the event your Account is suspended or terminated for any reason any amounts due on your Account will immediately become due and payable. Sirgirmi reserves the right to immediately charge any amounts you have not previously disputed to the billing method that you are using and shall be entitled to terminate your Account, without prejudice to any other rights or remedies available to us; and you are responsible for collecting and paying any taxes associated with using and making sales through the Services. Depending on the tax legislation of your country of residence, goods and services tax or similar consumption tax might apply in addition to your fees.
5.1 Listing Fees
You may be charged a listing fee in accordance with Sirgirmi’s prevailing listing fees’ rules and charges, which can be found in pricing section of the website.
You acknowledge and agree that: Sirgirmi does not represent or warrant that any Sirgirmi Fees paid or payable will lead to a like, offer, chat and by extension, sale; and there will be no refunds if: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms.
6. Sirgirmi is a Platform
The Services provide a venue for users to interact with each other, and to buy and sell services & activities. Sirgirmi does a basic pre-screening of a service provider and does the quality control based on user reviews. Consequently, Sirgirmi has no control over non-delivery of service and any damage such occurrence caused you in the process. In such an event if we find appropriate all fees will be refunded back to you. You agree that Sirgirmi is not responsible or liable for the truth or accuracy of the listings, the ability of sellers to sell the services or the ability of buyers to pay for services.
You are encouraged to use the features and functions available on the Services to communicate with other users and/or to find out more about an service which a user has put up for sale. However, please exercise common sense and good judgment in your interactions with other users. While Sirgirmi endeavours to keep the Services safe for everyone, your use of the Services and your interactions with other users is entirely at your own risk.
The Services allow users to create listings and share content, such as photos, videos, comments, data, text, links, and other information (“Content”).
You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility.
You acknowledge that Sirgirmi does only basic pre-screening of Content uploaded by users. Sirgirmi shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, Sirgirmi shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:
If the Content is in breach of these Terms. If Sirgirmi has received a complaint or notice of infringement in respect of the Content. If the Content is otherwise objectionable. Sirgirmi may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.
8. Selling and Buying on Sirgirmi
In using the Services to create a listing and offer a service for sale, you agree to comply with the following:
All listings must comply with these Terms and Sirgirmi's policies, which can be found here.
You must provide a fair, accurate and complete description of each item, including your price for the item.
Each offer of services must have its own listing.
Your listing for a service may only include text, descriptions, graphics, images, and other content relevant to the service. All Content contained in a listing must be true, complete, accurate and not misleading in any manner whatsoever.
All offer of services must be listed in the appropriate category. A service listing must comply with all applicable laws, regulations, guidelines or policies and any notices, guidelines and/or policies issued by the relevant authorities.
Where a specific attribute (“Specific Attribute”) in your service listing has to be included and where the Special Attribute may be viewed as discriminatory, you shall ensure that the Specific Attribute is a reasonable requirement for the service listed. You must provide the reason for requiring the Specific Attribute in your job listing.
No links included in your listing should lead to your personal or corporate website and must not include any links to third party websites.
Without prejudice to the rest of these Terms and Sirgirmi’s policies, you warrant, in respect of offer of service which you offer for sale on the Services (as the case may be), that:
You are the rightful provider of the service and have full legal rights to operate such service.
The service is not illegal and does not infringe upon any third party's rights, patent, trademark, trade secret or other proprietary or intellectual property rights.
The sale of the service complies with all laws and regulations which apply to that service.
The service is not dangerous, hazardous or subject to a advisory by the government or local authorities
All selection criteria stated in the service listing are clear, objective and relevant and does not refer to age, race, language, gender, marital status and religion of customers, except where it is a Specific Attribute.
The Content in any listing does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party. All offers made and accepted through the Services are binding.
If you are a seller who has accepted a buyer’s offer for a service:
You agree to bind by the deliverables mentioned in your listing and respond to the buyer in a prompt manner unless there is an exceptional circumstance, for instance, if the buyer fails to meet the terms of your listing (such as age or minimum/ maximum number of participants), or you cannot authenticate the buyer's identity.
You may charge reasonable additional fees to meet needs of customer. However, you must not charge excessive fees outside the platform. In doing so, you will not be eligible for Sirgarmi Customer service support and conflict resolution services
You may not alter the service's price after a sale, or misrepresent the service's location, includsions and price. If you are a buyer whose offer for a service has been accepted by a seller, you agree to make prompt payment for the service, unless there is an exceptional circumstance. In absence of payment the service will be considered as not confirmed and no legal binding will form between buyer and Sirgarmi
In communicating with a user through the Services for the offering of or acceptance of a service listing ( a “Transaction”), the platform may obtain personal information of that buyer, such as their email address, phone number and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.
9. Sirgirmi Protection
In process of providing the Services a seller will use the Sirgirmi’s in-app payment feature, Sirgirmi Protection (“Sirgirmi Protection”).Sirgirmi Protection allows you to use the following payment service (“Payment Service”) for purchase or sale of services on the Platform.
Ensuring users of the Services are protected while transacting on the Platform our top priority. For this reason, additional protection is available to sellers and buyers who transact through Sirgirmi Protection.
By using Sirgirmi Protection, you agree to comply with the following:
To transact on the Platform and ensure that all communications in relation to any Transaction and issues raised are kept within the Platform. Transactions performed outside of the Platform are not covered, and listings or users soliciting for transactions to happen outside of the Platform are subject to removal without notice.
To not use Sirgirmi Protection in connection with any Prohibited service or activites. Sirgirmi Protection does not cover Prohibited services & activities and does not support refunds or returns for such services.
To raise an issue within 48 hours of (the earlier of):
When service is marked delivered
Please note that once the buyer confirms that the service has been delivered the transaction is no longer protected by Sirgirmi Protection.
If you and the user are unable to agree or resolve any disputes in respect of service delivery and attempts to seek coverage and/or protection under Sirgirmi Protection, you agree that Sirgirmi will attempt in good faith to facilitate resolution of the dispute and reserves the right to deal with such disputes in such manner as it deems fit in its absolute discretion but is under no obligation to provide any recourse to the same.
Sirgirmi Protection allows a buyer to make payment for purchase of an service listed on the Platform using: (i) a credit or debit card the buyer registers with Sirgirmi; (ii) a Easi Paisa Account which the buyer successfully connects through the Platform.
All the payments that a seller has earned from selling items through Sirgirmi Protection will be accepted through the seller’s Account and reflected as a balance ("Balance"), after certain conditions have been met. Such conditions include the establishment and verification of information in respect of the following by Sirgirmi and/or its Payment Service Providers (as defined below), using reliable and independent sources, and retention of reference documents used in such verification:
11. Intellectual Property
You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Sirgirmi. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of Sirgirmi. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by Sirgirmi.
The Services may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.
You are not authorised by Sirgirmi to use Sirgirmi’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Sirgirmi, which may be withheld for any or no reason.
12. Reporting Unauthorised Content
Sirgirmi respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorised use of your intellectual property rights by a user, please contact us through email to report the same to us.
Sirgirmi reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.
13. Suspension and Termination
You may deactivate your Account at any time through the “Settings” section of your Account.
Sirgirmi reserves the right to, at its sole discretion, and without liability:
Suspend or terminate your Account and/or your access to the Services at any time, for any breach of these Terms, our guidelines, any additional terms and conditions and policies. Suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice.
Change, modify, suspend, or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice. You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to back up the Content which you upload to the Services.
Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
14. No Warranty
You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.
Sirgirmi does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and Sirgirmi’s servers are free of viruses or other harmful components.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). Sirgirmi is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
No advice or information, whether oral or written, obtained by you from Sirgirmi or from the Services shall create any representation, warranty, or guarantee. Furthermore, you acknowledge that Sirgirmi has no obligation to support or maintain the Services.
Sirgirmi disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third-party content and services. Sirgirmi is not responsible or liable in any manner for the third-party content and services associated with or utilized in connection with the Services, including the failure of such third-party content and services.
In addition, the Services may promote, advertise, or sponsor functions, events, offers, competition, or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your digression and risk. Sirgirmi does not accept any responsibility in connection with your participation in activities conducted by any other party.
15. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
IN NO EVENT SHALL SIRGIRMI OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SIRGIRMI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SIRGIRMI’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY SIRGIRMI IN RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMS OR, WHERE RELEVANT, SHALL NOT EXCEED THE AMOUNT OF PAKISTAN DOLLARS THEN STANDING TO THE SIRGIRMI COINS IN YOUR ACCOUNT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will indemnify and hold harmless Sirgirmi, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.
Sirgirmi does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment, or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that Sirgirmi and its subsidiaries, affiliates, partners, suppliers, and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
18. Sub-contracting by Sirgirmi
Sirgirmi reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services as Sirgirmi deems appropriate.
You and Sirgirmi are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.
Except as provided herein, any failure by Sirgirmi to exercise a right or require performance of an obligation in these Terms shall not affect Sirgirmi’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.
You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.
These Terms constitute the entire agreement between you and Sirgirmi and supersedes all prior or contemporaneous understandings and/or agreements between you and Sirgirmi.
20. Governing Law and Jurisdiction
You hereby agree that the laws of Pakistan shall govern these Terms and that the courts of Pakistan shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.