Welcome to mkhata.pk also hereby known as “we”, “us” “they” “our” or “mKhata”. We are an online book keeping platform enabling our Retailers and Customers, potential Retailers and Customers and the users simply accessing our site (collectively “Users” and individually “User”) to come into contact with each other to connect to each other and record their transactions (“Service/Services”) using our site along with its related sub-domains, sites, mobile app, services and tools (“Site/Sites”).
Please read the following terms and conditions (“Terms” / “User Agreement”) which govern your access and use of mKhata. These also contain important information about your rights and obligations, as well as limitations and exclusions that apply to your use of mKhata.
By using the Site, you hereby accept these Terms (including the linked information herein) and represent that you agree to comply with these Terms. This User Agreement is deemed effective upon your use of the Site which signifies your acceptance of these Terms. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.
A. CONDITIONS OF USE
Users must be registered on the Site to access or use our Services. Except with the mKhata’s approval, one User may only register one Account on the Site. mKhata may cancel or terminate a User’s Account if it has reasons to suspect that a User has concurrently registered or is controlling two or more Accounts. Further, mKhata may reject User’s application for registration for any other reason.
Upon registration on the Site, mKhata shall assign an account and issue a User ID and password (the latter shall be chosen by a User during registration) to each User (“User ID”). An Account may have a web-based email account with limited storage space for the User to send or receive emails.
Each User ID is unique to each Account. Each User shall be solely responsible for maintaining the confidentiality and security of their User ID and for all activities that occur under their Account. No User must share, assign, or permit the use of its/his/her User ID by another person outside of the User’s own business. Users agrees to notify mKhata immediately if they become aware of any unauthorized use of their password or account or any other breach of security of their Account.
User agree that all the activities that occur under their Account (including without limitation, posting any business-related information, clicking to accept any additional agreements or rules, subscribing to or making any payment for any Services, sending emails using the email account or sending short messaging services) will be deemed to have been authorized by the User.
Users acknowledge that sharing of their Account with other persons(s), or allowing multiple User to use their Account (“Multiple use”), may cause irreparable harm to mKhata or other Users of the Sites. Users shall completely indemnify mKhata, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the Multiple use of their Account. Users also agree that in case of the Multiple use of their Account or User’s failure to maintain the security of their Account, mKhata shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate User’s Account without liability to the respective User.
If you download or use our software or mobile application, you give us permission to download and install updates to the software where available.
Each Retailer represents, warrants and agrees that:
Each Retailer shall be required to provide information or material about their entity, business or Services as part of the registration process on the Sites or their use of any of the Services or the Retailer’s Account. Each Retailer represents, warrants and agrees that:
Each Retailer represents, warrants and agrees that:
Each Retailer further represents, warrants and agrees that they shall:
If Retailers provide a business referee or they represent, warrant and agree that they have obtained all necessary consents, approvals and waivers from their business partners and associates to:
Retailers agree to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for mKhata’s provision of the Services, evaluating whether the Retailer has breached the Terms and/or handled any complaint against other Users. If Retailer’s failure to do so results in delay in, or suspension or termination of, the provision of any Services, mKhata shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension, or termination.
Retailers acknowledge and agree that mKhata shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessed through the Services or Sites. mKhata does not endorse, verify or otherwise certify the contents of any comments made and other material or information shared by any User. Each Retailer is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
Retailers acknowledge and agree that the Services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.
Retailers acknowledge and agree that he/she/it is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Sites and Services are in compliance with the same.
We grant you a limited permission to access and make personal use of this Site, but not to download (excluding page caches) or modify the Site or any portion of it in any manner. This permission does not include any resale or commercial use of this Site or its contents; any collection and use of any descriptions of Services; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another User; or any use of data mining, robots, or similar data gathering and extraction tools.
This Site or any portion of it (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent by us as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other text utilizing our name or trademark without our express written consent, as applicable. Any unauthorized use terminates the permission granted by us to you for access to the Site with no prior notice. You may not use our logo or other proprietary graphic or trademark as part of an external link for commercial or other purposes without our express written consent, as may be applicable.
You agree and undertake not to perform restricted activities listed within this section; undertaking these activities will result in an immediate cancellation of User Account, Services, reviews, or any existing incomplete transaction with us and in severe cases may also result in legal action on:
You agree not to undertake any action to undermine the integrity of the computer systems or networks of mKhata and/or any other User nor to gain unauthorized access to such computer systems or networks.
You also agree not to undertake any action which may undermine the integrity of mKhata feedback system, such as leaving positive feedback for yourself using secondary User IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
By posting or displaying any information, content or material on the Sites or providing any user content to mKhata or our representative(s), and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to mKhata to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the user content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Sites, the provision of any Services and/or the business of the User. You confirm and warrant to mKhata that you have all the rights, power and authority necessary to grant the above license. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You must not engage in activities that could harm or potentially harm the Site, its employees, officers, representatives, stakeholders or any other party directly or indirectly associated with the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not us, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only. You are strictly prohibited from using the Site.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any submissions. We may, but shall not be obligated to, remove or edit any submissions without any notice or legal course applicable to us in this regard.
mKhata reserves the right in their sole discretion to remove, modify or reject any user content that Users submit to, post or display on the Sites which they reasonably believe is unlawful, violates the Terms, or could subject mKhata or their affiliates to a certain liability, and is otherwise found inappropriate in mKhata’s reasonable opinion.
If any User breaches any Terms, or if mKhata has reasonable grounds to believe that a User is in breach of any Terms, mKhata shall have the exclusive right to take such disciplinary actions as they deem appropriate, including without limitation:
Without limiting the generality of the provisions of the Terms, a User would be considered as being in breach of the Terms in any of the following circumstances:
mKhata reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, mKhata may disclose the User’s identity, contact information and/or information regarding the User’s Account(s), transactions or activities carried out on or via the Sites, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. mKhata shall not be liable for damages or results arising from such disclosure, and Users agree not to bring any action or claim against mKhata for such disclosure.
mKhata may, at any time and in their reasonable discretion, impose limitations, suspend or terminate the User’s use of any Services or the Sites without being liable to the Users if mKhata has received notice that the User is in breach of any agreement or undertaking with any affiliate of mKhata such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. mKhata shall not be required to investigate such breach or request confirmation from the User.
Each User agrees to indemnify mKhata, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any user content, from your use of the Sites or Services, or from your breach of the Terms.
Each User further agrees that mKhata is not responsible, and shall have no liability to you or anyone else for any user content or other material transmitted over the Sites, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User. mKhata reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Users, in such event the Users shall cooperate with mKhata in asserting any available defenses.
B. RELATIONSHIP BETWEEN THE USERS
Through the Sites, mKhata provides electronic web-based platforms for exchanging information between Users of the Services. mKhata additionally provides electronic web-based transaction platforms for Users to carry the Services online within the Site subject to the Terms of the transaction services agreement. However, for any Services, Services does not represent either the Retailer or the Customer in specific transactions.
Users are hereby made aware that there may be risks of dealing with people acting under false pretences. mKhata uses several techniques to verify the accuracy of certain information our Users provide us when they register for the Sites. However, because user verification on the internet is difficult, mKhata cannot and does not confirm each User’s purported identity. We encourage you to use various means, to evaluate with whom you are dealing with.
Each User acknowledges that he/she/it is fully assuming the risks of conducting any transactions in connection with using the Sites or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating Services that are the subject of transactions using the Sites. Such risks shall include, but are not limited to, mis-representation of Services, delay or default in payment, cost mis-calculations, breach of warranty, and breach of contract. Each User agrees that mKhata shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any transaction risks.
Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Sites or Services, including, without limitation, terms regarding payment, returns, warranties, insurance, fees, taxes, title, licenses, fines and permits.
Users agrees to provide all information and materials as may be reasonably required by mKhata in connection with their transactions conducted on, through or as a result of use of the Sites or Services. mKhata has the right to suspend or terminate any User’s Account if the User fails to provide the required information and materials.
In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify mKhata (and their agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
C. REPRESENTATIONS AND WARRANTIES
We do not make or give any representation or warranty, respectively as to specifics (such as quality, value, salability, etc.) of the Services are used by the Users. We accept no liability for any errors or omissions, whether on behalf of ourself or third parties.
We are not responsible for any non-performance or breach of any contract entered into between Users. We cannot and do not guarantee any actions, those of the Users as they conclude transactions on the Site. We are not required to mediate or resolve any dispute or disagreement arising out of the transactions occurring on our Site.
We do not at any point of time during any transaction as entered into by and between the Users on our Site, gain title to or have any rights or claims over the Services offered. Therefore, we do not have any obligations or liabilities in respect of such contract(s) entered into the Users. We are not responsible for unsatisfactory or delayed performance of Services.
D. DISCLAIMERS AND LIABILITIES
You agree, understand and acknowledge that the Site is an online platform that enables you to use the Services indicated therein at any time from any location using a payment method of your choice. You further agree and acknowledge that we are only a facilitator and cannot be a party to or control in any manner any transactions on the Site or on a payment gateway as made available to you by an independent service provider. Accordingly, the contract of Services between the Users on the Site, shall be a strictly bipartite contract, while the payment processing occurs and in case of prepayments with electronic cards, your issuer bank. Accordingly, the contract of payment on the Site shall be strictly a bipartite contract between the Users as listed on our Site.
In pursuance of the Services conducted through Site, we will be sending a SMS / text message notification(s), to the contacts as provided by the Users. mKhata shall, however, not be held responsible and liable if no such notification(s) is received by the Users.
We will do our utmost to ensure that access to the Site is consistently available and is uninterrupted and error-free. However, due to the nature of the internet and the nature of the Site, this cannot be guaranteed. Additionally, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or Services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
If you believe that any content on the Site is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Pakistan or friendly relations with foreign states; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“Objectionable Content”), please notify us immediately by following by writing to us on email@example.com. We will make all practical endeavors to investigate and remove valid objectionable content complained about within a reasonable amount of time.
Please ensure to provide your name, address, contact information and as many relevant details of the claim including name of objectionable content party, instances of objection, proof of objection amongst other. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes.
We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at firstname.lastname@example.org and we will make all reasonable efforts to address your concern within a reasonable amount of time. Please ensure to provide your name, address, contact information and as many relevant details of the claim including name of infringing party, instances of infringement, proof of infringement amongst other. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes. In addition, providing false or misleading information may be considered a legal offense and may be followed by legal proceedings.
While we cannot provide legal advice, nor share private information as protected by the law, we recommend that any questions or concerns regarding your rights may be routed to a legal specialist.
You acknowledge and undertake that you are accessing the Services on the Site and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Site. We shall neither be liable nor responsible for any actions or inactions of Users nor any breach of conditions, representations or warranties by the Users and hereby expressly disclaim any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between Users of the Services.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the Services transacted on the Site. While we have taken precautions to avoid inaccuracies in content of this Site, all content, information, software, Services and related graphics are provided as is, without warranty of any kind.
We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site.
Any material downloaded or otherwise obtained through the Sites is done at each User’s sole discretion and risk and each User is solely responsible for any damage to mKhata computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from mKhata or through or from the Sites shall create any warranty not expressly stated herein.
You agree that mKhata nor its employees, directors and personnel 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 Site, (ii) the liability of any User, and (iii) in connection with the Services availed through the Site. You further agree that mKhata 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.
You agree to defend, indemnify and hold harmless mKhata 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 Site or from any breach by you of these Terms, including without limitation any actual or alleged violation of any federal, provincial or local statute, ordinance, administrative order, rule or regulation. mKhata 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. You agree that this clause shall survive termination of this agreement.
E. TRADEMARKS AND COPYRIGHTS
mkhata.co, mkhata.pk, khata.pk, khata.com.pk, mKhata logo and all other marks indicated on our Site are trademarks or registered trademarks in the relevant jurisdiction(s). Our graphics, logos, page headers, button icons, scripts and Service names are the trademarks or trade dress and may not be used in connection with any service that does not belong to us or in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits us. All other trademarks that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Pakistani copyright laws and international conventions. All rights are reserved.
Our software includes any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Site (“Software”).
You may use the Software solely for purposes of enabling you to use and enjoy our Services as permitted by these Terms and any related applicable terms as available on the Site. You may not incorporate any portion of the Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. You may not use the Software for any illegal purpose. We may cease providing you Services and we may terminate your right to use the Software at any time. Your rights to use the software will automatically be terminated without notice from us if you fail to comply with any of the Terms listed herein or across the Site. Additional third-party terms contained within the Site or distributed as such that are specifically identified in related documentation may apply and will govern the use of such Software in the event of a conflict with these Terms. All Software used in any of our Services is our property and/or our affiliates or its Software suppliers and protected by the laws of Pakistan including but not limited to any other applicable copyright laws.
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with our Software whether in whole or in part, or create any derivative works from or of the Software.
F. GENERAL PROVISIONS
When you visit the Site, or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, short messaging service, and phone call or by posting notices on the Site or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website (and/or placement of your order) and agree to treat all modes of communication with the same importance.
We reserve the right to make changes to the Site, its policies, these Terms and any other publicly displayed condition or service promised at any time. You will be subject to the policies and Terms in force at the time you used the Site unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you).
mKhata reserve the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these Terms, effective immediately without prior notice. Your continued use of the Site following any revision to these Terms shall constitute your complete and irrevocable acceptance of any and all such changes. Contact us if you have any comments or questions, please do not hesitate to reach out to us at email@example.com.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause or reason which is beyond our reasonable control.
Under no circumstances shall mKhata be held liable for any delay or failure or disruption of the content or Services delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
You acknowledge that if you breach the Terms stated on our Site and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these Terms.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate these Terms or revoke any or all of your rights granted under these Terms. Upon any termination of this agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and Account identification issued to you and deny your access to and use of the Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
This Terms of Service is governed by the laws of Pakistan, The Pakistani courts in Lahore, Pakistan shall have the exclusive jurisdiction and venue over any dispute arising out of or relating to this Terms of Service, and each party hereby consents to the jurisdiction and venue of such courts. If any provision of this Terms of Service 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 Terms of Service, which shall remain in full force and effect.
G. REFUND POLICY
Products and services sold by mKhata and affiliates on this website / mobile application consist of mobile recharge / mobile top-up, bundles and related services.
You must ensure all information provided to us in relation to your top up including the mobile number and amount is correct. Any mistakes made by you which results in an unsuccessful top up cannot be refunded or exchanged by mKhata.
mKhata or mobile khata helps you manage credit, send automated collection reminders and allows you to make real-time data-based decisions on credit sales. mKhata or mobile khata is an easy to use application that is designed to simplify the process of buying and selling on credit. Replace your outdated, inefficient book-based ledger with mKhata, the leading digital ledger and credit management tool in the world!
NICL, SBASSE, Lahore University of
Management Sciences, DHA Phase V,
Lahore - Pakistan.