Terms & Conditions

Welcome to BSM Mart!

Here you can find all the terms and conditions that we apply in order to perform our provided services at the highest level of our standards.

If you’re here, that means you’re smart enough to read them carefully before using our services.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES. GENERAL SCOPE BSM Mart provides software-based delivery services for goods such as food, beverages and other grocery products (collectively, Groceries). These terms (Terms of Service) apply when you use the BSM Mart mobile applications or websites (collectively, Services).The Services are restricted to the selected territory of Pakistan. By using the Services, you automatically agree to the Terms of Service. BSM Mart is a platform for facilitating the exchange of services between individuals (User) who are willing to order Groceries via our partners (Shops) that are willing to collect and deliver the ordered Groceries.

REGISTRATION and ORDERING PROCESS

1.1. Registration you are the sole authorized User of any account (Account) you create using the Services. Your action of registration constitutes your acceptance of the Terms of Service and the Privacy Policy, and your state that you are not less than 18 (eighteen) years of age. Registration is free of charge. No entitlement exists for admission to the Service. The data required for registration provided by the User must be complete and accurate. The User is responsible for updating his/her own data that can be amended at any time from the respective interface of the Service. BSM Mart has no responsibility over the use of the User account and expressly disclaims any liability therefrom. Should you suspect that any unauthorized party might be using your Account, you are obligated for your own security to notify BSM Mart immediately by emailing us at orders@bsmmart.com By providing your mobile phone number to BSM Mart pursuant to the use of the Service, you hereby affirmatively consent to our use of your mobile phone number for contacting you directly in order to perform the Services, including but not limited to occasionally send notifications, text messages with promotional offers, service updates and reach out to you to survey regarding the quality of our services.

1.2. Order placement / contractual relationship by placing an order, the User confirms the accuracy of all the information he/she provides. Orders are confirmed to the User within Service interface. No contractual relationship exists between User and BSM Mart. BSM Mart may decide for any reason whatsoever to not accept an order and to refuse to perform it. User may schedule the order for a selected time, date, week or month as per availability of Service.

1.3. Variety limitations the range and prices of Groceries may differ depending on the delivery location.

1.4. Volume limitations User might be contacted by BSM Mart to confirm the order in the following cases: If the total items in an order exceed 100 items or if an order contains 25 or more same items If the order placed requires more than one delivery personnel to be handled by due to volume limitations. In all cases, BSM Mart reserves the right to limit the delivery quantity for particular products or, if needed, not to deliver a particular product at all as per the availability of the Groceries.

1.5. Amending and cancelling orders The User may not be able to amend the order once it has been confirmed as per the technical features provided by the Service. A confirmed order is eligible for cancellation for a limited time period until it is disbursed for delivery post to its submission as per the technical specifications of the Service.

1.6. Incomplete order fulfillment / Substitution The primary objective of BSM Mart is to deliver all the products ordered in the right quantity and to a high quality standard. User acknowledges that the Groceries are subject to stock availability and to human errors. BSM Mart reserves the right to amend your order in whole or in part, at any time and without liability or compensation remove any item that is out of stock, damaged, spoiled, or unavailable for any other reason, to successfully complete your order. It’s in our best intention to maintain the replaced item’s price the same as per the brand you ordered but in case of a higher valued replacement, the price may increase. We do our best to ensure that all items shown on our website are available to order. If however any product you order is out of stock or unavailable we may send you a push notification enabling you to select a substitute. If an item is not delivered, despite being billed, the amount in question will be credited to the User at a reasonable time after BSM Mart becomes aware of this. No subsequent delivery is obligatory to be made, and the customer is not entitled to claim any further compensation. If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to the User. Please note that we will attempt to deliver substitute products in the event that selected products are unavailable, the User may reject these substitutes upon receiving the Groceries. Although we will always try to cater for your orders, an order of unusually large quantities of different or one product can only be fulfilled at the discretion of the Shop.

DELIVERY

2.1. Delivery of Groceries will be delivered directly to the delivery address specified by the User. Deliveries are performed either by the Shop personal delivery service or by a delivery partner, depending on the nature of the goods and the delivery location. Goods will be delivered to the front door of private residences (as far as accessible) and to the reception desk of business Users.

2.2. Delivery times and adherence to delivery periods BSM Mart endeavors to deliver Groceries within 60 (thirty) to 90 (Ninety) minutes average delivery time location dependent or as scheduled. BSM Mart does not and cannot guarantee that the delivery time frames will be met as there may be factors outside of BSM Mart’s control that may result in early or delayed deliveries. You agree that BSM Mart shall not be liable for any deliveries made outside the expected delivery time frame.

2.3. Delivery receipt after you have placed your order and the Shop has prepared all the items, we will send you a sms with the link to your electronic receipt whenever technologically possible. The receipt is intended to include the final items for which you are requested to pay. The customer may receive a physical copy as well after such a receipt is requested.

2.4. Cancellation of a delivery by BSM Mart If, for reasons beyond BSM Mart’s control – such as an incorrect delivery address, the recipient’s absence, lack of an access permit, bad weather conditions, or similar, it should prove impossible or possible only with great difficulty, to carry-out the delivery successfully, BSM Mart is entitled to cancel the User’s order. In this event, the User is not entitled to compensation or pecuniary of in kind. PRICES AND PAYMENT BSM Mart endeavours to provide you with accurate and up-to-date pricing, product availability and promotional information. Discrepancies are possible and you agree not to hold BSM Mart liable in such instances.

PRICES

3.1. All prices are quoted in PAKISTAN Rupee. Where goods may be charged by weight (fruit, meat, cheese, etc.), the basic price per unit applies. The quantity of such goods actually delivered, and therefore the price charged, may differ from the quantity originally ordered. For prepacked and price-labelled fresh products, the applicable price is the one in force when the order is prepared. BSM Mart reserve the right to change prices as to update them at any moment.

3.2. Payment methods / creditworthiness you can choose from the following ways of paying on delivery, depending on the products and the means of dispatch and as per technical availability: Cash on delivery any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of Pakistan. Pakistan is our country of domicile. Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website. If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. The cardholder must retain a copy of transaction records and Merchant policies and rules. The User can select which payment method is preferred. The payment methods available are displayed for selection when the order is finalized. If for any reasons it is impossible to perform the payment with credit card, BSM Mart is entitled to offer the User the only cash on delivery payment option.

PRODUCT DECLARATION

4.1. Product information we take care to update the product information in the Service regularly. In rare cases, the information may deviate from the details printed on the product packaging. In such an instance, the information on the packaging takes precedence. Because recipes may change anytime, we recommend that you regularly consult the ingredients list and allergy-related information on the packaging. GUARANTEE of DATA COMMUNICATION given the current state of the technology, no guarantee can be given that data communication via the internet will be error-free and/or available at all times. BSM Mart therefore accepts no liability in respect of the constant, uninterrupted availability of the online shop, nor for technical and electronic faults during a sales transaction, in particular for any delay in processing or accepting orders.

SPECIAL PRODUCT CONDITIONS

5.1. Prepay mobile phone credit BSM Mart sells mobile phone cards of various providers as for example: Mobilink, Zong & Warid. Mobile phone cards should be activated as soon as possible. The activation code is valid only once. No exchanges or refunds are permitted.

DISCOUNTS, PRIVILEGES & VOUCHERS

6.1. Special offers The User accepts that offers available from BSM Mart often differ from those available from Shop sales channels.

6.2. Loyalty bonuses BSM Mart may award loyalty bonuses in a form solely decided by BSM Mart and may withdraw loyalty bonuses at any point and without warning or liability CUSTOMER SERVICE & COMPLAINTS BSM Mart Customer Service provides information and personal advice regarding any questions, problems or complaints about BSM Mart services. E-mail: support@bsmmart.com Missing items must be reported immediately on reception of the Groceries, otherwise Groceries are considered to have been accepted by User as being in perfect condition. Latent defects must be reported to BSM Mart Customer Service immediately after they come to light, although in these cases there are limitations of error acknowledgement.

GENERAL TERMS

7.1. Data protection Data collected are treated as confidential and in good faith. When registration is made, your data is collected for business and marketing purposes in the form of personal information such as last name, first name, address, email address and phone number. In addition to data explicitly entered, information is gathered automatically from the log files when you access the Services interface. BSM Mart makes a distinction between master data (e.g. IP address, time and date of access) and activity data (e.g. name of file accessed, paths clicked on). For statistical purposes, this data is anonymously assessed.

7.2. Release YOU AGREE THAT NEITHER BSM MART NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY Shop. NEITHER BSM MART NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY Shop. IN THE EVENT YOU HAVE A DISPUTE WITH ANY Shop, YOU HEREBY RELEASE BSM MART AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES, LOSS OR DAMAGE OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

7.3. Shop license/ Submissions Service may now or in the future permit the submission, sharing or publishing of photographs, communications or other content submitted by you and other users (“User Submissions”). Other than personally identifiable information, which is covered under the BSM Mart Privacy Policy available at www.BSM Marts.com/privacy, any User Submission transmitted or posted to this Software Applications will be considered non-confidential. In addition, by submitting any User Submission to BSM Mart, you hereby grant BSM Mart a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submission in connection with the Services, the Support and BSM Mart’s business. We hereby grant each User of the Service a non-exclusive license to access their User Submissions through Service and to display and publicly perform such User Submissions as permitted through the functionality of Service and under these Terms and Conditions. In connection with the User Submissions, you agree that you will not submit material that:

(i) is copyrighted, subject to privacy or publicity rights or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the owner to submit the material and to grant BSM Mart all of the license rights granted herein; (ii) is unlawful, obscene, harassing, defamatory, libelous, pornographic, hateful, racially or ethnically offensive or is otherwise inappropriate; (iii) could damage the reputation of BSM Mart or any third party; or (iv) impersonates another person. BSM Mart reserves the right to remove any User Submissions at its sole discretion and without notice or liability to you or to any other person. BSM Mart does not endorse any User Submission or any opinion, recommendation or advice therein, and BSM Mart expressly disclaims any and all liability in connection with any User Submission. You understand and agree that you may be exposed to User Submissions that are inaccurate, offensive or otherwise objectionable, and you hereby agree to waive and hereby do waive any legal or equitable rights or remedies you may have against BSM Mart with respect thereto. BSM Mart may provide links to Software Applications owned or operated by third parties. BSM Mart does not endorse the content or any products or services available on such Software Applications and is not responsible for such content or its security. Your linking to any other Software Applications from this Service is at your own risk.

7.4. Disclaimer USE OF THE SUPPORT IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SOFTWARE APPLICATIONS AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SUPPORT IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BSM MART MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SUPPORT OR THE CONTENT OF ANY SOFTWARE APPLICATIONS LINKED TO THE BSM MART SOFTWARE APPLICATIONS. BSM MART ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE BSM MART SOFTWARE APPLICATIONS OR THE SUPPORT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF BSM MART’s SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION Shop THEREIN. BSM MART DOES NOT WARRANT THAT THE SOFTWARE APPLICATIONS WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE APPLICATIONS AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SOFTWARE APPLICATIONS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BSM MART SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. BSM MART, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. BSM MART MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, SUPPORT, SOFTWARE, TEXT, GRAPHICS OR LINKS. BSM MART AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

7.5. Limitation of Liability YOU AGREE THAT BSM MART SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF THE SUPPORT; (II) THE LIABILITY OR FITNESS OF ANY CUSTOMER (III) IN CONNECTION WITH THE PERFORMANCE OF OR BROWSING IN THE SOFTWARE APPLICATIONS OR YOUR LINKS TO OTHER SOFTWARE APPLICATIONS FROM THIS SOFTWARE APPLICATIONS, EVEN IF BSM MART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT BSM MART SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. IN NO EVENT SHALL BSM MART’s TOTAL LIABILITY TO YOU FOR ANY LOSSES ARISING HEREUNDER EXCEED THE AMOUNTS PAID BY YOU TO BSM MART HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SHOULD A JURISDICTION BE ADVERSE TO A LIMITATION OR EXCLUSION OF WARRANTIES, SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.

7.6. Waiver No waiver of any rights or remedies by BSM Mart shall be effective unless made in writing and signed by an authorized representative of BSM Mart. A failure by BSM Mart to exercise or enforce any rights conferred upon us by Terms of Service shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

7.7. Indemnity You agree to defend, indemnify and hold harmless BSM Mart and its officers, directors, employees, agents and affiliates (each, an Indemnified Party), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Software Applications or from any breach by you of Terms of Service, including without limitation any actual or alleged violation of any federal, provincial or local statute, ordinance, administrative order, rule or regulation. BSM Mart shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding.

7.8. Termination At its sole discretion, BSM Mart may modify or discontinue Service, or may modify, suspend or terminate your access to Service or the Support, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to Service or the Support, BSM Mart reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Support is terminated, you Account will remain enforceable against you. You may terminate Account at any time, however BSM Mart do not guarantee its termination due to technical availability. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of Account.

7.9. Dispute Resolution The parties shall first attempt to resolve any dispute related to this Agreement in an amicable manner by mediation with a mutually acceptable mediator. If unable to agree upon an acceptable mediator, either party may ask a mutually agreed upon mediation service to appoint a neutral mediator, and the mediation shall be conducted under the Commercial Mediation Rules of the mutually acceptable mediation service. Any disputes remaining unresolved after mediation shall be settled by binding arbitration conducted in Lahore, Pakistan utilizing a mutually agreed arbitrator or arbitration service. The arbitration shall be conducted under the Commercial Arbitration Rules of the mutually agreed arbitrator or arbitration service. Both parties shall be entitled in any arbitration to conduct reasonable discovery, including document production and a reasonable number of depositions not to exceed five per party. The prevailing party shall be entitled to recover its costs and reasonable attorney’s fees, as determined by the arbitrator. The arbitrator shall be required to follow the law.

7.10. Governing Law and Severability This Agreement is governed by the laws of Pakistan, The Pakistan courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts. Without regards to its conflict of laws principles. If any provision of this Agreement is found to be invalid in any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Any offer for any product, feature, service or application made on this Software Applications is void where prohibited.

7.11. No Agency No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

7.12. Changes to the Agreement BSM Mart reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement, effective with or without prior notice. Your continued use of the Software Applications or the Support following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.