Terms of Service
OVERVIEW
This website is operated by KHUDA BAKSH CREATIONS®. Throughout the site, the terms “we”, “us” and “our” refer to KHUDA BAKSH CREATIONS®. KHUDA BAKSH CREATIONS® offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you should not access the website or use any Services.
Any new features or tools which are added to the current store shall also be subject to these Terms of Service.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.
It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 — ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependants to use this site.
You may not use our products or Services for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any applicable laws in your jurisdiction, including but not limited to copyright, trademark and intellectual property laws.
You must not transmit any worms, viruses, malware or any code of a destructive nature.
A breach or violation of any of these Terms may result in immediate termination of your Services.
SECTION 2 — GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any lawful reason at any time.
You understand that your content, excluding credit card information, may be transferred unencrypted and involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service or any contact on the website through which the Service is provided without express written permission from KHUDA BAKSH CREATIONS®.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this website is inaccurate, incomplete or not current.
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information.
Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is necessarily not current and is provided for reference only.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information except where required by applicable law.
You agree that it is your responsibility to monitor changes to our site.
SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify, suspend or discontinue the Service, or any part or content thereof, without notice, subject to applicable law.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service except where liability cannot lawfully be excluded.
SECTION 5 — PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website.
These products or services may have limited quantities and are subject to return or exchange only in accordance with our applicable Return and Refund Policy.
We have made every reasonable effort to display as accurately as possible the colours and images of our products that appear on the store. However, we cannot guarantee that the display of any colour on your device will be completely accurate.
We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region or jurisdiction, subject to applicable law.
We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or Services that we offer.
All descriptions of products and product pricing are subject to change at any time without notice, at our discretion.
We reserve the right to discontinue any product at any time.
Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information or other material purchased or obtained by you will meet your individual expectations.
SECTION 6 — TERRITORIAL AVAILABILITY
Products and services offered through this website are not offered for sale or delivery in Pakistan.
Pakistan is not a supported sales or delivery territory for this website.
KHUDA BAKSH CREATIONS® does not accept orders for delivery to addresses located in Pakistan through this website.
We reserve the right to determine, restrict, modify, add or discontinue the countries, regions or territories in which our products and Services are offered or delivered.
The availability of this website on the internet does not mean that our products or Services are offered in every country or jurisdiction from which the website may be accessed.
For the avoidance of doubt, access to or viewing of this website from Pakistan does not constitute an offer by KHUDA BAKSH CREATIONS® to sell, supply or deliver products or Services within Pakistan.
Any attempt to place an order using a delivery address in an unsupported territory may be declined or cancelled.
SECTION 7 — ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us, subject to applicable law.
We may, in our discretion, limit or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the same customer account, the same payment method and/or orders that use the same billing or shipping address.
If we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address and/or telephone number provided when the order was placed.
We reserve the right to limit or prohibit orders that, in our reasonable judgment, appear to be placed by unauthorised dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our store.
You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you when required.
For more information, please review our applicable Return and Refund Policy.
SECTION 8 — OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement, except where otherwise required by applicable law.
We shall have no liability arising from or relating to your use of optional third-party tools except to the extent that such liability cannot legally be excluded.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion.
You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.
We may also offer new Services and/or features through the website in the future. Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 9 — THIRD-PARTY LINKS
Certain content, products and Services available through our Service may include materials or services provided by third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with KHUDA BAKSH CREATIONS®.
We are not responsible for examining or evaluating the content or accuracy of third-party websites and do not warrant or accept responsibility for third-party materials, websites, products or Services except where required by applicable law.
We shall not be liable for harm or damages arising from the purchase or use of goods, Services, resources or content, or any other transactions made in connection with third-party websites, except where such liability cannot legally be excluded.
Please carefully review the third party's policies and practices before engaging in any transaction.
Complaints, claims, concerns or questions regarding third-party products or Services should be directed to the relevant third party.
SECTION 10 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us comments, feedback, creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise, you agree that we may use such submissions as permitted by applicable law and subject to any applicable privacy rights.
We may monitor, edit or remove content that we determine, acting reasonably, to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.
You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.
You further agree that your comments will not contain unlawful, abusive or obscene material, computer viruses, malware or other malicious code that could affect the operation of the Service, related websites or other systems.
You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any comments.
You are responsible for the comments you make and their accuracy.
SECTION 11 — PERSONAL INFORMATION
Your submission and our processing of personal information through the store is governed by our Privacy Policy.
Please review the Privacy Policy published on the KHUDA BAKSH CREATIONS® website for information about how we collect, use, store and otherwise process personal information.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website or in the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability or other matters.
We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information in the Service or on any related website is inaccurate, subject to applicable consumer law.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law.
No specified update or refresh date applied to the Service or any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 — PROHIBITED USES
In addition to other prohibitions set out in these Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate applicable international, national or local laws, regulations or rules;
(d) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, threaten, defame, intimidate or unlawfully discriminate against another person;
(f) to submit false or misleading information;
(g) to upload or transmit viruses, malware or any other malicious or destructive code;
(h) to unlawfully collect or track personal information belonging to others;
(i) to spam, phish, pharm, pretext, spider, crawl or scrape the website contrary to applicable law or our authorisation;
(j) for any unlawful, obscene or fraudulent purpose; or
(k) to interfere with or circumvent security features of the Service, related websites, other websites or the internet.
We reserve the right to terminate or restrict your use of the Service for violating any prohibited use, subject to applicable law.
SECTION 14 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of the Service will always be uninterrupted, timely, secure or error-free.
We do not warrant that results obtained from the use of the Service will always be accurate or reliable.
You understand that from time to time we may remove the Service for periods of time or cancel or modify the Service, subject to applicable law.
To the fullest extent permitted by applicable law, the Service and products and Services delivered through the website are provided on an “as is” and “as available” basis, except for warranties, guarantees or rights that cannot legally be excluded.
Nothing in these Terms is intended to exclude or restrict any liability or consumer right that cannot lawfully be excluded or restricted.
To the maximum extent permitted by applicable law, KHUDA BAKSH CREATIONS®, its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors shall not be liable for indirect, incidental, special or consequential losses arising from your use of the Service or products obtained through the Service where such liability may lawfully be excluded.
This limitation does not apply to liability that cannot legally be excluded or limited.
SECTION 15 — INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless KHUDA BAKSH CREATIONS®, its parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from claims or demands arising from your material breach of these Terms of Service, your violation of applicable law or your infringement of the rights of a third party.
SECTION 16 — SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law.
Any unenforceable portion shall be deemed severed from these Terms of Service.
Such determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 17 — TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive termination of this agreement where applicable.
These Terms of Service remain effective unless and until terminated by either you or us.
You may terminate these Terms by notifying us that you no longer wish to use our Services or by ceasing to use our website.
If, in our reasonable judgment, you materially fail to comply with these Terms, we may suspend or terminate your access to our Services, subject to applicable law.
Any amounts properly due before termination shall remain payable.
SECTION 18 — ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service, together with policies and operating rules posted by us on this website in respect of the Service, constitute the agreement between you and us concerning your use of the Service, subject to any rights that cannot be excluded under applicable law.
They supersede prior versions of these Terms of Service relating to your use of this website.
Any ambiguity in the interpretation of these Terms shall not automatically be construed against the drafting party.
SECTION 19 — INTELLECTUAL PROPERTY AND TRADEMARKS
The KHUDA BAKSH CREATIONS® name, brand identity, logos, trademarks, designs, graphics, photographs, product imagery, website content and other intellectual property displayed on this website are owned by or licensed to their respective rights holder(s), except where otherwise stated.
The use of the KHUDA BAKSH CREATIONS® name or associated registered trademarks without authorisation is prohibited to the extent provided by applicable intellectual property law.
Nothing contained on this website should be interpreted as granting, by implication or otherwise, any licence or right to use any trademark, brand name, logo, design, photograph or other intellectual property displayed on the website without the prior written permission of the relevant rights holder.
Unauthorised reproduction, copying, distribution, commercial exploitation or use of protected intellectual property may result in enforcement action.
SECTION 20 — GOVERNING LAW
These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with the applicable governing law stated by KHUDA BAKSH CREATIONS® and any mandatory consumer protection laws applicable to the customer.
Nothing in these Terms is intended to deprive a consumer of mandatory legal protections that apply to them and cannot lawfully be excluded by contract.
SECTION 21 — CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes.
Your continued use of or access to the website or Service following the posting of changes constitutes acceptance of those changes to the extent permitted by applicable law.
SECTION 22 — CONTACT INFORMATION
Questions regarding these Terms of Service should be sent to the official customer service or legal contact details displayed on the KHUDA BAKSH CREATIONS® website.
TERRITORIAL NOTICE
KHUDA BAKSH CREATIONS® DOES NOT OFFER PRODUCTS OR SERVICES FOR SALE OR DELIVERY IN PAKISTAN THROUGH THIS WEBSITE.
PAKISTAN IS NOT A SUPPORTED SALES OR DELIVERY TERRITORY FOR THIS WEBSITE.
Accessing or viewing this website from Pakistan does not constitute an offer to sell or supply products or services in Pakistan.
- Choosing a selection results in a full page refresh.