1.1. Asaan Retail is a software application (“Service”) provided by NeoShift Technologies Private Limited (“NeoShift,” “us,” “our,” or “we”) to you as our customer (“you” and “your”).
1.2. These Terms and Conditions (“Terms and Conditions”) apply to the order by you and supply of services by us to you (“Contract”). We reserve the right to amend these Terms and Conditions at any time. You should refer to the Terms and Conditions on our website from time to time.
1.3. Use of this Service and additional Services introduced by NeoShift and contained within the Asaan Retail application constitutes acceptance by you of these Terms and Conditions and any amended Terms and Conditions that may be published.
2.1. To create an account, you hereby affirm that you provide accurate information about your identity, address, and the products you sell via the connected platforms and agree to update this information regularly and promptly.
2.3. You cannot create an account, username, or password that is the personal information of another person, words that are the trademarks, or the property of another party (including ours). Text placed by you or on your behalf for the products offered for sale cannot be obscene, malicious, threatening, or in any other way inappropriate.
2.6. If you suspect that your username and password have been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username, password, or other details.
3.1. Upon confirmation of registration with Asaan Retail, you will be given a 14-day free trial period (excluding net usage charge or any third party cost) to use services offered by the software.
3.2. After completing the 14-day free trial, if you wish to continue using the services, you can upgrade to any paid plans offered by Asaan Retail. For further assistance regarding the upgrade, feel free to contact our customer support; they will be delighted to help you.
3.3. The functionality will automatically be disabled following the expiry of the free trial period, which might end up shorter than 14 days, according to the limits of the received orders.
3.4. Re-Subscription Policies:
3.4.1 Users will receive an email and SMS containing the billing details for the subsequent tenure.
3.4.2 Users will have 30 days to make payment before the database is archived and the application disabled.
4.1. You won’t need to provide credit card details while creating a free trial account.
4.2. You shall be charged for the Service on a month-to-month basis, at the concurred cost and plan as detailed at https://asaanretail.pk/pricing-plans. If you select a yearly method, you shall be charged for the Service at the concurred price plan described at https://asaanretail.pk/pricing-plans.
4.3. The service is billed monthly or annually in advance. The Users are eligible for a full refund for the first 14 days after upgrading to a paid account. In all other circumstances, the service is non-refundable.
4.4. No refunds will be provided for halfway months of Service, for months where you have not used the Service, and for any upgrades/downgrades.
4.5. If a credit or charge card payment request is made by us and is declined by your card company or bank (for any reason), access to your account or accounts may be suspended instantly. Until a valid payment has been prepared and a proper credit or debit card is related to your account or accounts.
4.6. We shall notify you of any additional charges applicable to your subscribed Services, and no charges will be added to your account without your express permission.
4.7. If you select to include any extra Service during your Starting or Recharging Period, payment terms for any additional Service shall be agreed upon with Asaan Retail. They will be set out in a new payment plan.
4.8. Asaan Retail reserves the right to increase prices at any time. Customers already subscribed to a plan will not have their fees increased unless they are moving to a higher or lower tier, in which case new prices apply. If you do not agree to any price increase, you may terminate this Agreement within the 30-day notice period.
5.1. You can cancel your subscription from the Subscriptions page in your Asaan Retail account. If you cancel the subscription before the end of your current paid month, the cancellation will take effect immediately, and you will not be charged again.
5.2. Asaan Retail has the right to suspend or terminate your account and current or future use of service for any reason. Termination or suspension will result in the deletion of your account.
7.1. As a user, you agree not to do any of the following but are not limited to;
7.1.1. Abuse, harass, threaten, stalk, defame, or seek to violate the rights of Asaan Retail, another service user, or a third party.
7.1.2. Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
7.1.3. Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organizations.
7.1.4. Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
7.1.5. To transmit or transfer any viruses, trojans, worms, or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or any other equipment.
7.1.6. Attempt to gain access to our servers or other equipment to disrupt, impair, overload, or otherwise hinder or compromise the safety, security, or privacy of any of the Services provided by or relied upon by users and us.
7.1.7. Load or provide access to content on the Service or link to other content from the Service which infringes the trademark, patent, trade secret, or any other proprietary right of a third party or infringes any intellectual property law.
7.1.8. Send junk or spam emails or emails or posts promoting pyramid schemes, chain letters, or any other activity that invites users and others to participate in wasting their time and/or money.
7.1.9. Use any robot, spider, scraper, or other technical means to access the Service or any content on the Service.
7.2. A breach of these Terms and Conditions by sending any unsolicited bulk email (spam) or other bulk communications will cause harm to the Service and us. Such damage is difficult to quantify, and as such, you agree to pay us the sum of PKR 5000 for every individual email or other communication sent to a user or third party.
7.3. The above list (7.1) is not intended to be exhaustive; we reserve the right to remove (without notice) any content and suspend or terminate (without notice) the account of any user who, in our sole judgment, is in the breach of these Terms and Conditions.
8.1. The Intellectual Property Rights in the Service and any hardware or software used in connection with the Service is and will always remain the property of Asaan Retail or Asaan Retail’s licensors.
9.1. As a user, you retain all ownership rights to content provided by you. You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable license to copy and modify any materials provided by you to us for the term of the Contract to provide the Services to you
9.2. You warrant that any content you provide does not belong to a third party whose rights have been violated by the content posted to the Service. Furthermore, if a third party owns any content, you agree to pay all royalties, fines, and settlements owed to that party without seeking any contribution from us.
9.3. You warrant that any content you provide does not belong to a third party whose rights have been violated by the content posted to the Service. Furthermore, if a third party owns any content, you agree to pay all royalties, fines, and settlements owed to that party without seeking any contribution from us.
10.1. We do not condone or encourage posting copyrighted or proprietary content or information by any users who are not the legal owners of such content.
12.1. We take all reasonable steps to ensure that the Service is available and fully functioning. However, we do not accept any responsibility for the “down-time” or poor performance of our servers or infrastructure. Service can be unavailable for any other reason, whether within or outside our direct control.
12.2. You are solely responsible for backing up your content or data entered onto the Service. Therefore, we strongly recommend that you regularly and thoroughly backup all your content and data on the Service.
14.1. Our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 75% of the total amount paid to us for the Services during the 12 months before the date on which the relevant liability was notified to us.
14.2. Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
14.2.1. Death or personal injury caused by negligence;
14.2.2. Fraud or fraudulent misrepresentation; and
14.2.3. Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
14.3. We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
14.3.1. loss of profits;
14.3.2. loss of sales or business;
14.3.3. loss of agreements or contracts;
14.3.4. loss of use or corruption of software, data, or information;]
14.3.5. loss of or damage to goodwill; and]
14.3.6. any indirect or consequential loss.
14.4. Unless you notify us that you intend to claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day you became, or ought reasonably to have become, aware that you have grounds to claim in respect of the event and shall expire 2 months from that date. The notice must be written and identify the event and the foundation for the claim in reasonable detail.