Terms and Conditions
Welcome to Ghumo.pk
Ghumo.pk is a project of Uhostay (Pvt.) Ltd, a Company duly registered
under the Company Act 2017, under the laws of The Islamic Republic of Pakistan.
Ghumo.pk (the “App or Website”), provides a number of
services (collectively the "Services") and the use of the Services
(including any of the content or any services offered) is subject to these
terms and conditions.
By accessing the Ghumo.pk or using the Services, you are you
expressly (without any limitation or qualification) agreeing to the Terms and
Conditions and Privacy Policy. Please do not use Ghumo.pk if you do not agree
to these Terms and Conditions and the Privacy Policy. If you have any
questions, please contact us at support@ghumo.pk.
The term “you” “your” “customer” (or a similar reference)
and “User” refers to the user of the App or website and the term “us” “our”
“we” refers to the Operator.
These Terms of Use (Terms and Conditions) shall govern and
be applicable to and your use of it. It is important to note that these Terms
of Use shall be deemed to apply to anyone viewing Ghumo.pk and not only those
that are using, browsing or registered Users on Ghumo.pk.
The Operator may add to or change or update these, from time
to time entirely at its own discretion. The User must read these Terms and
Conditions periodically or every time the User accesses Ghumo.pk to remain in
compliance with these terms. The User’s use of Ghumo.pk after any amendment to
the Terms of Use shall constitute the User’s acceptance of these Terms and
Conditions as amended, revised or modified.
Ghumo.pk is a free to use Website and App. Ghumo.pk offers a
variety of services on the Website and App, including but not limited to, Hotel
bookings, Car rentals and Home rentals.
By accessing, downloading, copying, and/or using Ghumo.pk,
including the Website and App, and/or the Services, you agree to these User
Terms. THESE USER TERMS CREATE A BINDING
LEGAL AGREEMENT BETWEEN YOU AND GHUMO.PK. PLEASE READ THEM CAREFULLY.
1.
Definitions
a.
When the following words are used in these
Terms, this is what they will mean:
i. App: the mobile application of Ghumo.pk
ii. Device: a User's, Personal Computer, mobile
telephone, Smartphone or handheld device.
iii. EasyPay: a PCI DSS compliant payment
gateway to store, process and transmit a User's credit or debit card payment
data.
iv. Intellectual Property Rights: The term
“Intellectual Property Rights” (hereinafter referred to as the ‘IP’) means all
(i) patents, patent applications, patent disclosures and inventions, (ii)
Internet Domain names, trademarks, service marks, trade dress, trade names,
logos and corporate names and registrations and applications for registration
thereof together with all of the goodwill associated therewith, (iii)
copyrights (registered or unregistered) and copyrightable works and
registrations and applications for registration thereof, (iv) mask works and
registrations and applications thereof, (v) computer software, data, databases
and documentation thereof, (vi) trade secrets and other confidential
information (including ideas, formulas, compositions, inventions (whether
patentable or unpatentable and whether or not reduced to practice), know-how,
manufacturing and production processes and techniques, research and development
information, drawings, specifications, designs, plans, proposals, technical
data, and copyrightable works, financial and marketing plans and customer and
supplier lists and information, and (vii) copies and tangible embodiments
thereof (in whatever form or medium).
v. Notification: the email/alerts/SMS sent
from Ghumo.pk to a User.
vi. Reservation: the order, purchase,
payment, booking or reservation of a property, room and or car rental.
vii. Ghumo.pk: A project of Uhostay (Pvt.)
Ltd, a registered Company under the laws of Islamic Republic of Pakistan.
viii.
Terms:
the terms and conditions set out in this document.
ix. User(s): People who sign up with Ghumo.pk,
use the website and download and/or use the App.
b.
The words "writing" or
"written" in these Terms will include e-mail, unless specified
otherwise.
c.
These are the terms and conditions on which Ghumo.pk
supplies the App, website and Services to you.
d.
By downloading the App and/or using the website
you accept and agree to be bound by these Terms and the license contained
within them, including the Ghumo.pk Privacy policy. We may at any time modify
these Terms.
e.
These Terms and any dispute or claim arising out
of or in connection with them or their subject matter or formation (including
non-contractual disputes or claims) shall be governed by and construed in
accordance with the laws of Pakistan.
2.
Using Our Services
a.
You may use our Services only if you can form a
binding and enforceable contract/agreement with Ghumo.pk, no use of the
Services is permitted by those under the age of majority as defined in the
Majority Act 1875. In no event is use of the Services permitted by those under
the age of 18. If you are using the Services on behalf of any entity, then you
are agreeing to the Terms of Use on behalf of that entity. Where you use the
Service in the course of your employment or business, you enter into this
Agreement both on your own behalf and in your individual capacity as an
employee, officer, agent, partner, etc. of such organization which you
represent, and references in this Agreement to "you" shall mean both
you as the individual user of the Service and you in your capacity as a
representative of your organization. Without prejudice to any other rights and
remedies of Ghumo.pk under these Terms and Conditions or at law, Ghumo.pk
reserves the right to limit or withdraw access to the Website, App and/or its
Services or the registration of any person if Ghumo.pk believes that person is
under the age of 18 years or is of unsound mind.
b.
Using our Services does not give you ownership
of any intellectual property rights in our Services or the content you access.
Except in the context of browsing or accessing our Services in accordance with
these Terms of Use, you may not use content from our Services unless you obtain
permission from its owner or are otherwise permitted by law. These terms do not
grant you the right to use any branding or logos used in our Services.
c.
Submissions, opinions or reviews expressed on
this platform are those of the individual posting such content and do not
necessarily reflect our opinions. Certain services and related features that
may be made available on the Website may require registration or subscription.
Should you choose to register or subscribe for any such services or related
features; you agree to provide accurate and current information about yourself,
and to promptly update such information if there are any changes. Every user of
Ghumo.pk is solely responsible for keeping passwords and other account
identifiers safe and secure. The account owner is entirely responsible for all
activities that occur under such password or account. Furthermore, you must
notify us of any unauthorized use of your password or account. Ghumo.pk shall
not be responsible or liable, directly or indirectly, in any way for any loss
or damage of any kind incurred as a result of, or in connection with, your
failure to comply with this section.
d.
During the registration process you agree to
receive promotional emails and or SMS alerts from Ghumo.pk. You can
subsequently opt out of receiving such promotional e-mails by clicking on the
link at the bottom of any promotional email.
3.
User Eligibility and Website/App Access
a.
Use of Ghumo.pk is available only to persons who
can form legally binding contracts under Pakistan Contract Act, 1872. Persons
who are "incompetent to contract" within the meaning of the Pakistan
Contract Act, 1872 including minors, un-discharged insolvents, of unsound mind
are not eligible to use the Site. If you are a minor i.e. under the age of 18
years, you cannot register as a member of Ghumo.pk and shall not make use of
the Website and App. As a minor if you wish to use the services on the Website
and App your legal guardian or parents who have registered as users of Ghumo.pk
may make such use of the services on your behalf. We reserve the right to
terminate your membership and refuse to provide you with access to the Website
and App if it is brought to our notice or if it is discovered that you are
under the age of 18 years.
b.
We grant you a limited license to access and
make personal use of Ghumo.pk and the Services. This license does not include
any downloading or copying of account information for the benefit of another
vendor or any other third party; caching, unauthorized hypertext links to the Services
and the framing of any content available through the Services uploading,
posting, or transmitting any content that you do not have a right to make
available (such as the intellectual property of another party); uploading,
posting, or transmitting any material that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment; any action that imposes or may impose (in our sole discretion) an
unreasonable or disproportionately large load on our infrastructure; or any use
of data mining, robots, or similar data gathering and extraction tools. You may
not bypass any measures used by us to prevent or restrict access to Ghumo.pk.
Any unauthorized use by you shall terminate the permission or license granted
to you by us.
4. Registration Information
a.
When you register with Ghumo.pk (Website and or App), You
will be asked to provide certain information including, without limitation,
name, Computerized National Identity Card Number and or Passport Number, a
valid email address, Mobile Phone Number etc. In addition to the Terms and
Conditions and any privacy policy applicable to Ghumo.pk. You understand and
agree that Ghumo.pk may disclose to third parties, on an anonymous basis,
certain aggregate information contained in your registration application.
Subject to the Terms and Conditions herein, Ghumo.pk will not disclose to any
third party your name, address, e-mail address or telephone number without your
prior consent, except to the extent necessary or appropriate to comply with applicable
laws or in legal proceedings where such information is relevant. However, You
agree and acknowledge that Ghumo.pk shall have the right to provide to its User
using Ghumo.pk, the information provided by You including your mobile number,
while the User search for similar profiles such as Yours at Ghumo.pk. Ghumo.pk
shall not be liable for any claims, liability (direct / indirect) or damages in
this regard, should such an eventuality arise as a result of Ghumo.pk sharing
the information provided by You to the User.
b.
Sign up to Ghumo.pk will not be confirmed until the
following information has been provided and verified:
i. Valid
e-mail;
ii. Computerized
National Identity Card (CNIC) Number;
iii. Passport
Number
iv. Valid
Mobile number.
c.
Upon confirmation of the details in Clause 4b (i), (ii),
(iii) and (iv) above, Users will be connected to Ghumo.pk. If the mobile number
or e-mail provided cannot be verified by us, Ghumo.pk reserves the right to
refuse the User access to the Website and or App and in turn it’s Services.
5.
Using Ghumo.pk
a.
Ghumo.pk will supply the Services to you from
the date that the details in clause 4 are confirmed.
b.
Ghumo.pk will make every effort to ensure the
Website and App is operational 24 hours a day, 7 days a week. However, there
may be issues or delays due to events outside Ghumo.pk control.
c.
Ghumo.pk may have to suspend the Website and or
App and in turn its Services if it has to deal with technical problems, or to
make improvements. Ghumo.pk will contact you to let you know in advance where
this occurs, unless the problem is urgent or an emergency.
d.
In the unlikely event that there is any defect
with the Website and or App:
i. Please
contact Ghumo.pk as soon as reasonably possible;
ii. Please
give Ghumo.pk a reasonable opportunity to repair or fix any defect;
iii. Ghumo.pk
will use every effort to repair or fix the defect as soon as reasonably
practicable. You will not have to pay for Ghumo.pk to repair or fix a defect
with the Website and or App under this clause 5.
e.
By using Ghumo.pk you warrant that:
i. are
capable of forming legally binding contracts;
ii. will
not provide your Ghumo.pk login credentials to any third party;
iii. will
not use Ghumo.pk in a way that breaches these terms of use, any laws or
infringes any rights of third parties;
iv. will
not interfere with anyone else’s use of Ghumo.pk, including sending spam; and
v. will
not copy, scrape or reproduce content from Ghumo.pk including information about
third parties without their consent.
f.
In consideration of the circumstances, and
where We think it is reasonable to do so, We may suspend or terminate your
access to Ghumo.pk and reserve the right to take any appropriate steps at law
to protect Our interests or those of third parties.
6.
Registration and Password
a.
At the time of registration on Ghumo.pk you
will be able to generate a password and an account upon completing the
registration process. You are responsible for maintaining the confidentiality
of the password and account and are fully responsible for all activities that
occur under your password or account.
b.
You are
responsible for maintaining the confidentiality of your account access
information and passwords. You shall be responsible for all uses of your
registrations and passwords, whether or not authorized by you. The log in
information created for the purpose of accessing Ghumo.pk is to be used solely
by the person who has registered with us. We reserve the right to store the
access information including the IP address of the computer / device from where
the Website and or App was accessed. You are not authorized to share your
password or other account access information with any other party, temporarily
or permanently, and breach of this obligation may tantamount to disabling your
account at the sole discretion of Ghumo.pk and terminating the contract with
You. You agree to:-
i. immediately notify Ghumo.pk of any
unauthorized use of your password or account or any other breach of security,
ii. ensure that you log out from your account at
the end of each use of the website and or App,
iii. You shall also ensure that you access the
Website and or App from an authorized source and connection. Ghumo.pk cannot
and will not be liable for any loss or damage arising from your failure to
comply with this Section and or the Terms of use.
7.
Terms for Users
Users availing Services offered on
Ghumo.pk shall have the following terms (Including the full Terms and
Conditions) applicable to them.
a.
Bookings
i. The
following terms apply to all applicable bookings that can be made by using
Ghumo.pk, including but not limited to, Room bookings, Property bookings and
Car bookings.
ii. Once the
user has met all the requirements on Ghumo.pk (Including User verification
process) set by Ghumo.pk the User can continue to book a listing by the booking
process available on Ghumo.pk
iii. By making a booking through Ghumo.pk, you make an offer to book a
reservation at the price that is listed and the other terms and condition’s
stated on the booking page (for example, including but not limited to,
Free-cancellation, Check-in and Check-out Time, etc). This in turn shall become
a binding contract between you and the host formed in Pakistan which will be in
line with the Terms and Conditions and when the offer is accepted by the host
and Ghumo.pk. You will receive proof of the confirmed booking through an e-mail
confirmation which in turn will mean that the reservation has been accepted by
the host.
iv. In the case of post-payment bookings our role is limited to the
transmission of information between you and the host. In the case of
prepayment, we also manage the payment between you and the host.
v. While we try to ensure all information on our website, including rates
and availability are accurate and up to date at all times, we cannot guarantee
accuracy as such information is managed by Hosts and other third-parties. Both Hosts
and similar third-parties have access to manage and update information pertaining
to their Host and travel, hence they are responsible for providing correct
information in this regard and failure to provide accurate information or
non-delivery of information cannot be held against us. Furthermore, we cannot
be held responsible for any interruptions, breakdown, repair, upgrade or
maintenance of Ghumo.pk, using the website or App is at your own risk and the
user should be aware that specific accommodation and travel information is
solely the responsibility of the Host. This website neither claims to be,
nor should users use this website as recommendation of the quality, value,
service level or rating of any services provided by the Hosts.
vi. The Host’s
terms of use/Terms and Conditions and privacy policies apply to your booking,
so you must agree to, and understand those terms. Further, the terms of the
accommodation where you plan to stay, if different from the Host, will also
apply to your booking, so you must also agree to, and understand those terms.
Your interaction with any Host accessed through our Platform is at your own
risk, and Ghumo.pk does not have any responsibility should anything go wrong
with your booking. Ghumo.pk has no control over the Accommodation, cars or Hosts.
vii. Ghumo.pk
hosts content, including prices, images and other information, made available
by or obtained from Hosts (known as “Provider Content”), as well as content
provided by users, such as comments, ratings and other information (“User
Content” and together with the Provider Content, the “Content”). Ghumo.pk is in
no way responsible or liable for the accuracy, quality, completeness,
reliability, timeliness or trustworthiness of the Content, and Ghumo.pk has no
influence over the Content. In particular, we do not guarantee that Provider
Content, in particular the prices reflected therein, will be updated in real
time or that a particular Host Product will be available. As a result, the
price displayed by a Host may not correspond to that displayed on our Platform.
Accommodation and or Car ratings displayed on this Platform are intended as
only general guidelines, and we do not guarantee the accuracy of the ratings or
of any User Content that is on Ghumo.pk.
viii.
In
addition to Clause Vii, Ghumo.pk will use reasonable skill and care in
performing our Booking Service, we will not verify if, and cannot guarantee
that, all information is accurate, complete or correct, nor can we be held
responsible for any errors (including manifest and typographical errors), any
interruptions (whether due to any (temporary and/or partial) breakdown, repair,
upgrade or maintenance of our Website and or App otherwise), inaccurate,
misleading or untrue information or non-delivery of information. Each Host
remains responsible at all times for the accuracy, completeness and correctness
of the (descriptive) information (including the rates/fees/prices, policies
& conditions and availability) displayed on Ghumo.pk. We do not constitute
and should not be regarded as a recommendation or endorsement of the quality,
service level, qualification or (star) rating of any Host (or its facilities,
venue, vehicles, (main or ancillary) products or services) made available.
ix. The
default ranking of Hosts is based on an automated algorithm which may be
updated or amended from time to time, and which takes into account different
factors including but not necessarily limited to availability, promotions and
rates, historical popularity, conversion (the ratio of reservations made to
Site visits), sales of room nights, cancellations, quality of content, guest
review scores, star ratings etc. Ghumo.pk currently has a “Boost” program
whereby certain selected Hosts have the opportunity improve their visibility on
the Ghumo.pk Platform. Such Preferred Host listings will be marked or contain
wording for clarity. Under certain circumstances, Ghumo.pk may also offer Hosts
the option to get a sponsored listing, i.e. to pay for a top spot. Such
sponsored listing will be marked or contain wording for clarity.[AKZ1]
x. Sometimes
cheaper rates are available on Ghumo.pk for a specific stay, product or
service; however, these rates made available by Hosts may carry special
restrictions and conditions, for example non-cancelable and non-refundable.
Please check the relevant product, service and booking conditions and details
thoroughly for any such conditions prior to making your reservation.
xi. The right
to reject or not accept customers or bookings for any (legal) reason without
the need for justification remains with Ghumo.pk. Reasons for rejection can
include but are not limited to: Reselling (i.e. reselling of Accommodations or
Cars booked through the Site (both on individual or mass basis) without prior
written authorization), breach of the Terms & Conditions, communication
problems, practical obstacles, fraud or theft or suspicion
of fraud or theft, suspected criminal activity, suspicious bookings, submission
of misleading, misidentifying or erroneous information (once or multiple
times), credit card problems, failure to connect with relevant bank,
inappropriate behavior (including but not limited to, threats, insults,
violence, etc), trade or economic sanctions, embargoes, legal
restrictions, blacklisting by governments, blacklisting by international
organizations (UN, EU, any Countries Government etc) and obvious errors (see
below).
i.
Obvious errors: An obvious error may also lead to the cancelling, rejection or
change of a booking that has been made. An obvious error is a mistake on the website
and or App (this includes but is not limited to terms of price, conditions,
points, etc) which a reasonable person would not consider to be normal. In such
a case, Ghumo.pk reserves the right to adjust or reimburse where relevant the
amount charged without any charges on the part of the user. The discretion to
cancel or reject booking for obvious errors remains solely in Ghumo.pk
discretion.
ii.
Refunds for rejected/cancelled booking: Where a
booking is rejected or cancelled by Ghumo.pk and payment has already been made,
the user is entitled to a refund of the total booking value, except in the case
of unauthorized Reselling (as explained above) or in any other appropriate case
that we determine in our sole and absolute discretion where we reserve the
right not to refund the total booking value or any part thereof.
iii.
No refund for Reselling: Where
unauthorized Reselling occurs, refunds will not be issued, this is because of
the clear restriction on such negative practices and to compensate for the
disadvantages such practices incur for Ghumo.pk and authorized/contracted
affiliate partners. The disadvantages caused to Ghumo.pk include, but are not
limited to negative brand impact, loss of trust between Ghumo.pk and contracted
affiliate partners, undercutting Ghumo.pk business through placing resold
inventory on sites run by competitors without our knowledge, misusing information
without Ghumo.pk consent.
iv.
Blacklist:
Ghumo.pk
reserves the right to bar/blacklist users from the Site, permanently or
temporarily at our discretion. A user that has been blacklisted should not
attempt to use the Site under any other name or through any other user.
b.
Pricing on Ghumo.pk
i. Prices on Ghumo.pk
are highly competitive and contain no hidden charges. Please Note: Some booking
destinations may have government tourism tax which will be payable to the
Accommodation of your stay.
ii. The price shown is the total price payable for the relevant
booking as advertised, including VAT/Sales Tax and all other taxes (subject to
change of such taxes) and fees, unless stated differently on Ghumo.pk or the
confirmation email.
iii. At times
cheaper prices are available on Ghumo.pk for a specific stay, product, booking
or service, however, these prices are made available by Hosts and may carry
special restrictions and conditions, for example non-cancelable and
non-refundable. Please check the relevant product, service, booking and or
reservation conditions and details thoroughly for any such conditions prior to
making your booking.
iv. Please
Note that the Hosts may offer optional facilities and activities at an
additional charge and Ghumo.pk does not cover these charges unless stated
otherwise.
v. All special offers and promotions are marked as such. If they are not
labeled as such, you cannot derive any rights in the event of obvious errors or
mistakes.
vi. Our
Platform currently shows the pricing in Pakistani Rupee (PKR)
c.
Payment Methods
i. You can
pay with all the Payment Mechanisms mentioned below. Other options may be made
available or existing may be changed from time to time.
ii. Ghumo.pk
uses a number of different Payment mechanisms which are:
i.
Credit Card (Visa and Master)
ii.
Jazz Cash
iii. Many Hosts
offer the option, or require, to pay fully at the time of confirming your
booking. Online payments can be made with Credit or Debit cards through our
secure third party online payment provider, Jazz Cash Payment Gateway. Cards
which are accepted include Mastercard, and Visa, but this is dependent on your
country of origin.
iv. We take
measures to prevent and detect credit card fraud. In the event of credit card
fraud most banks or credit cards bear the risk and cover charges associated
with such misuse (sometimes subject to a deductible). If you believe you have
been a target of credit card fraud on Ghumo.pk, please contact us and we will
assist wherever we can to minimize your losses.
d.
Cancellation and No-Show Policy
i. When
you book with a Host through Ghumo, you hereby accept the cancellation and the
no-show policies of the said Host you are booking with. It must be noted that
the cancellation and no-show policy of each Host differs and It is made clearly
available on our website prior to your booking. It is your duty to ensure that
you have read the cancellation and no-show policy prior to making a booking
with the Host/s on Ghumo.pk.
ii. You
must note that certain rates, fees or special offers that are running, they may
not be eligible for a cancellation, refund or change when you have made your
booking
iii. in
the situation where you fail to check-in to with/your Host on time on the day
of your booking and you fail to alert the Host, the remaining part of your
booking may be cancelled and you may not be entitled to a refund, this Is
dependent on the terms and conditions which are applicable with the Host that
you have booked.
iv. Regardless
of the Host cancellation or No-Show policy, Hosts listed on Ghumo.pk reserve
the right to charge a cancellation fee; this will be indicated on the Ghumo.pk
website and or App, It is your duty to check the fine-print and policy of each
Host prior to making your booking. Please note that some Hosts may charge extra
on early or late check-outs.
v. In
case you wish to review, adjust or cancel your Booking, you may revert to the
confirmation email you have received and may follow the instructions in that
e-mail or you may contact us at support@ghumo.pk.
8.
Prohibited Use of Ghumo.pk
a.
We specifically prohibit any other use of Ghumo.pk,
and all Users agree not to do any of the following, including without
limitation while providing the User Content (defined below):
i. not
use GHumo.pk or the services therein in order to host, display, upload, modify,
publish, transmit, update, distribute, share, store or destroy material,
including without limitation Ghumo.pk, (a) in violation of any applicable law
or regulation, (b) in a manner that will infringe the copyright, trademark,
trade secret or other intellectual property or proprietary rights of others or
violate the privacy, publicity or other personal rights of others, (c) that belongs
to another person and to which the user does not have any right or has been
copyrighted by another person, (d) making available pirated computer programs
or links to them, providing or making available information to circumvent
manufacture-installed copy-protect devices, or providing or making available
pirated music or other media or links to pirated music or other media files (e)
that is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, pedophilic, libelous, invasive of another’s privacy, threatening,
abusive or hateful or racially, ethnically objectionable, disparaging, relating
encouraging money laundering or gambling or otherwise unlawful in any manner
whatsoever, (f) harm minors in any way, (g) deceives or misleads the addressee
about the origin of such message or communicates any information which is
grossly offensive or menacing in nature, (h) impersonate another person or
entity, (i) contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of the
Company’s computer systems or site or the Company’s users, customer’s computer
systems or site, (j) threatens the unity, integrity, defense, security or
sovereignty of Pakistan, friendly relations with foreign states or of public
order or causes incitement to the commission of any cognizable offence or
prevents investigation of any offence or insulting any other nation.
ii. Users
are also prohibited from violating or attempting to violate the security of
Ghumo.pk, directly or indirectly, including, without limitation the following
activities: (a) accessing data not intended for such user or logging into a
server or account which the user is not authorized to access; (b) attempting to
probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization; (c)
attempting to interfere with service to any user, host or network, including,
without limitation, via means of submitting a virus to Ghumo.pk, overloading,
"flooding", "spamming", "mail bombing" or
"crashing"; or (d) forging any TCP/IP packet header or any part of
the header information in any e-mail or newsgroup posting. Violations of system
or network security may result in civil or criminal liability. The Company will
investigate occurrences which may involve such violations and may involve, and
cooperate with, law enforcement authorities in prosecuting users who are
involved in such violations.
iii. Defer
any contact from an employer to any agent, agency, or other third party;
iv. set
fraudulent bookings with our Hosts;
v. Solicit
passwords or personally identifiable information from other Users;
vi. Post
any jobs on Ghumo.pk for any competitor of the Company or posting jobs or other
content that contains links to any site competitive with Ghumo.pk;
vii. Post
jobs or content on Ghumo.pk that contain any hyperlinks, email addresses, HTML
Tags, "hidden" keywords or any keywords that are irrelevant to the
job description or are otherwise misleading contained in a job description are
prohibited;
viii.
Use Ghumo.pk Platform Database for any purpose
other than as a consumer booking an Accommodation, including but not limited to
using the information in the Platform Database to sell or promote any products
or services;
ix. Post
or submit to Ghumo.pk any incomplete, false or inaccurate biographical
information or information which is not your own or any misleading information;
x. Post
on Ghumo.pk any franchise, pyramid scheme, "club membership",
distributorship or sales representative agency arrangement or other business
opportunity which requires an upfront or periodic payment, pays commissions
only (except for postings that make clear that the available job pays
commission only and clearly describes the product or service that the job
seeker would be selling, in which case such postings are permissible), requires
recruitment of other members, sub-distributors or sub-agents;
xi. Post
the names, logos or trademarks of unaffiliated companies unless expressly
agreed by the Company;
xii. Post
the names of colleges, cities, states, towns or countries that are unrelated to
the posting;
xiii.
Post any material or links to material that
exploits people in a sexual, violent or other manner, or solicits personal
information of any kind.
xiv. Post
job descriptions that require citizenship of any particular country or lawful
permanent residence in a country as a condition of employment, unless otherwise
required in order to comply with law, regulations, executive order, or federal,
state or local government contract;
xv. Request
the use of human body parts or the donation of human parts, including, without
limitation, reproductive services such as egg donation and surrogacy;
xvi. Endorse
a particular political party, political agenda, political position or issue;
xvii.
Promote a particular religion, faith or belief;
xviii.
Send unsolicited mail or e-mail, making
unsolicited phone calls or send unsolicited faxes regarding promotions and/or
advertising of products or services to a user of Ghumo.pk;
xix. Delete
or revise any material posted by any other person or entity;
xx. Take
any action that imposes an unreasonable or disproportionately large load on
Ghumo.pk;
xxi. Use
any data mining, robots or similar data gathering or extraction methods.
Notwithstanding anything to the contrary contained herein, use or attempt to
use any engine, software, tool, agent or other device or mechanism (including
without limitation browsers, spiders, robots, avatars or intelligent agents) to
navigate or search Ghumo.pk other than the search engine and search agents
available from the Company on Ghumo.pk.
xxii.
Attempt to decipher, decompile, disassemble or
reverse engineer any of the software comprising or in any way making up a part
of Ghumo.pk;
xxiii.
Frame or link to any of Ghumo.pk Content or
information available;
xxiv.
The Company also specifically prohibits any use
/ insertion of any of the User’s URL, web link, e-mail address and website
while posting any job description on Ghumo.pk and all Users agree not to use /
insert any of the User’s URL, web link, e mail address and website while booking
with any Host on Ghumo.pk.
xxv. On
non-conformance by users of any of the aforesaid terms as envisaged in this
section 8, Ghumo.pk may in its sole discretion, restrict or terminate the
offending User's ability to access the Ghumo.pk and determine whether to take
any other actions or to remove or request the removal of the User Content. Ghumo.pk
has no liability or responsibility to Users for performance or non-performance
of such activities. Additionally, Ghumo.pk has the right to initiate
appropriate proceedings against the offending user as per law.
9.
Further Correspondence
a.
By
completing a booking, signing up or by voluntarily giving your personal details
to one of our agents and or Hosts while using GHumo.pk, including, but not
limited to, promotional events, field activations and social media campaigns,
you agree to receiving a) emails associated with finalizing your booking, which
may contain relevant offers from third parties, and b) emails asking you to review
Ghumo.pk and your accommodation and c) promotional emails, sms and push
notifications from Ghumo.pk or trusted partners. You may unsubscribe from
promotional emails via a link provided in each email. If you would like us to
remove your personal information from our database, unsubscribe from emails
and/or SMS, please email us at support@ghumo.pk.
Unsolicited commercial communications are sent to consumers at no cost.
For more details on how we may contact you, please see our privacy policy.
b.
By
providing us with your mobile phone number when you sign up with Ghumo.pk and
create an Account, you are expressly opting-in to receive SMS and text messages
from Ghumo.pk relating to the Services. For example, we may send you SMS or
text messages about your account and booking requests you make through the
Services.
c.
You
acknowledge that messaging and data rates may apply depending on your mobile
phone service provider and that you are solely responsible for paying for any
such SMS text messaging fees.
10.Booking through Ghumo.pk
a.
Ghumo.pk
offers you the ability to search for, select, and book with third-party
suppliers, our listed Accommodations, without leaving Ghumo.pk. By booking with
Ghumo.pk you will become a Ghumo.pk member if you are not one already.
b.
Ghumo.pk
is not a travel agency and does not provide or own transportation services or
Accommodations. Although Ghumo.pk displays information about properties or cars
owned by third-party suppliers and facilitates reservations with certain
suppliers through Bookings and affiliate sites, such actions do not in any way
imply, suggest, or constitute Ghumo.pk sponsorship or approval of third-party
suppliers, or any affiliation between Ghumo.pk and third-party suppliers.
Although Ghumo.pk members may rate and review particular properties based on
their own experiences, Ghumo.pk does not endorse or recommend the products or
services of any third-party suppliers. You agree that Ghumo.pk is not
responsible for the accuracy or completeness of information it obtains from
third-party suppliers and displays on its website and or App.
c.
If you book
a reservation with a third-party supplier, you agree to review and be bound by
the supplier’s terms and conditions of purchase and site use (the “Terms of
Use” and or “Terms and Conditions”), Privacy Policy, and any other rules or
policies related to the supplier’s site or property. Your interactions with
third-party suppliers are at your own risk. Ghumo.pk has no liability with
respect to the acts, omissions, errors, representations, warranties, breaches
or negligence of any third-party suppliers or for any personal injuries, death,
property damage, or other damages or expenses resulting from your interactions
with third-party suppliers. Ghumo.pk may link you to supplier sites or other
websites that Ghumo.pk does not operate or control.
11.Intellectual
Property Rights
a.
In
consideration of you agreeing to abide by these Terms, Ghumo.pk grants you a
non-transferable, non-exclusive license to use the App or Website on the
Device, subject to these terms, the Privacy Policy and any other applicable
rules. Ghumo.pk reserves all other rights.
b.
You may
download or stream a copy of the App onto your Device, to view, use and display
the App on the Device for your personal purposes only.
c.
You
acknowledge that all Intellectual Property Rights in the Website and or App
anywhere in the world belong to Ghumo.pk or its licensors, that rights in the
App are licensed (not sold) to you, and that you have no rights in, or to, the
App, other than the right to use it in accordance with these Terms. You
acknowledge that you have no right to have access to the Website and or App in
source-code form.
12.Termination of Users who infringe the
Copyright or Other Intellectual Property Rights of Others
a.
Ghumo.pk
and its affiliated companies respect the intellectual property of others, and
we ask our users, account holders and content partners to do the same. The
unauthorized reproduction, copying, distribution, modification, public display
or public performance of copyrighted works constitutes infringement of the
copyright owners’ rights. As a condition to your use of Ghumo.pk, You agree not
to use Ghumo.pk to infringe the intellectual property rights of others in any
way, directly or indirectly. We at our sole discretion, will terminate the
accounts of any Ghumo.pk account holders, and block access to Ghumo.pk of any
Users who to the knowledge of Ghumo.pk are infringers of the copyrights, or
other intellectual property rights, of others. We reserve the right to take
these actions at any time, in our sole discretion, with or without notice, and
without any liability to the account holder who is terminated or to the User
whose access is blocked. Notwithstanding the foregoing, in the event that You
believe in good faith that a notice of copyright infringement has been wrongly
filed against You or your copyrighted work that has been uploaded, posted or
copied to any Ghumo.pk Website and or App and is accessible on Ghumo.pk in a
way that constitutes copyright infringement, please contact us at
support@ghumo.pk
13.Limitation
of Liability
a.
Ghumo.pk
makes no representations about the suitability of the Content displayed on our
Platform for any purpose. The display on our Platform of a Host Provider or
Product or any Content does not in any way imply, suggest, or constitute a
recommendation by Ghumo.pk of that Host Product or that Content, or any
sponsorship or approval of such Host Product or such Content by such Host
Provider, or any affiliation between such Host Provider and Ghumo.pk. All
Content and any other information provided on our Platform are provided “as is”
without warranty of any kind. Ghumo.pk disclaims all warranties and conditions
that this Platform, its servers or any email sent from Ghumo.pk are free of
viruses or other harmful components. Ghumo.pk hereby disclaims all warranties
and conditions with regard to any Content or any other information provided on
our Website and or App, including all implied warranties and conditions of
merchantability, fitness for a particular response, title and
non-infringement.
b.
The Host
Providers are independent from Ghumo.pk and are not agents or employees of Ghumo.pk.
Ghumo.pk is not liable for the acts, errors, omissions, representations,
warranties, breaches or negligence of any Host Provider, including for
injuries, death, property damage, or other damages or expenses resulting
therefrom. Ghumo.pk will not be liable for any cancellation, overbooking,
strike, force majeure or other causes beyond its direct control. Ghumo.pk does
not accept responsibility for the uninterrupted accessibility to our Platform
and may carry out technical or maintenance work on the Platform at any of its
choosing.
c.
In no
event shall Ghumo.pk be liable for any direct, indirect, punitive, incidental,
special or consequential damages arising out of, or in any way connected with,
your access to, display of or use of this Platform or with the delay or
inability to access, display or use this Platform (including, but not limited
to, your reliance upon opinions appearing on this Platform; any computer
viruses, information, software, linked sites, products and services obtaining
through this Platform; or otherwise arising out of the access to, display of or
use of this Platform) whether based on a theory of negligence, contract, tort,
strict liability, consumer protection statutes, or otherwise, and even if Ghumo.pk
has been advised of the possibility of such damages.
d.
The
limitation of liability reflects the allocation of risk between the parties.
The limitations specified in this section will survive and apply even if any
limited remedy specified in these Terms found to have failed of its essential
purpose. The limitations of liability provided in these Terms inure to the
benefit of Ghumo.pk.
14.Disclaimer
of Warranty
a.
THE COMPANY DOES NOT WARRANT THAT ANY GHUMO.PK
PLATFORM WILL OPERATE ERROR-FREE OR THAT ANY GHUMO.PK PLATFORM AND ITS SERVERS
ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOU’RE USE OF ANY GHUMO.PK
CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE
COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE GHUMO.PK CONTENT ARE PROVIDED
ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE
FULLEST EXTENT POSSIBLE BY LAW, GHUMO.PK DOES NOT WARRANT THAT ANY GHUMO.PK
PLATFORM SERVICES WILL OPERATE ERROR-FREE OR THAT ANY GHUMO.PK SITE AND ITS
SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOU’RE USE
OF ANY GHUMO.PK CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA OR ANY OTHER COSTS, GHUMO.PK IS NOT RESPONSIBLE FOR THOSE
COSTS. GHUMO.PK CONTENT IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. GHUMO.PK, TO THE
FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR
PURPOSE AND NON-INFRINGEMENT. GHUMO.PK MAKES NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE GHUMO.PK CONTENT, SERVICES,
SOFTWARE, TEXT, GRAPHICS, AND LINKS.
15.Indemnity
a.
You agree to defend, indemnify, and hold
harmless the Company, its affiliates, and their respective officers, directors,
employees and agents, from and against any claims, actions or demands,
including without limitation reasonable legal and accounting fees, alleging or
resulting from (i) any User Content or other material You provide to Ghumo.pk,
including for the purpose of Job Descriptions Service (ii) Your use of any Ghumo.pk
Content, or (iii) Your breach of these Terms. Ghumo.pk shall provide notice to
you promptly of any such claim, suit, or proceeding.
16.Children
a.
Our Services are not intended for use by
children under the age of 18, and such use is prohibited by our Terms of
Service. We do not knowingly collect Personal Information from children under
18. If you become aware that a child has provided us with Personal Information,
please contact us as set forth in this Terms and Conditions.
17.Termination
a.
We may at any time, under any circumstances and
without prior notice, immediately terminate or suspend all or a portion of your
account and/or access to Ghumo.pk. Cause for such termination shall include,
but not be limited to: (a) violations of these Terms of Use; (b) a request by
you to cancel or terminate your account; (c) discontinuance or material
modification to the Service or any part thereof; (d) a request and/or order
from law enforcement, a judicial body, or other government agency; (e)
provision of Ghumo.pk to you becoming unlawful; (f) unexpected technical or
security issues or problems; or (g) your participation in fraudulent or illegal
activities. Any such termination or suspension shall be made by us in our sole
discretion, without any refund to you of any prepaid fees or amounts, and we
will not be responsible to you or any third party for any damages that may
result or arise out of such termination or suspension of your account and/or
access to Ghumo.pk. If you want to terminate your account, you may notify Ghumo.pk
in writing via email at support@ghumo.pk
18.General
a.
ASSIGNMENT: You may not assign or sub-license the
rights, duties or obligations under the Terms of Use, in whole or in part, to
any person or entity without the prior written of Ghumo.pk.
b.
RELATIONSHIP
BETWEEN PARTIES: It is expressly agreed that Ghumo.pk and You are
independent contractors.
c.
GOVERNING
LAW AND JURISDICTION: Any disputes arising between You and Ghumo.pk is to
be governed by and construed in accordance with the laws of Pakistan.
d.
SEVERABILITY
AND WAIVER: If any provisions of these Terms of Use are found to be invalid
by any court having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms of
Use, which shall remain in full force and effect. No waiver of any term of
these Terms of Use shall be deemed a further or continuing waiver of such term
or any other term.
e.
ENTIRE
AGREEMENT: The Terms of Use including the Ghumo.pk Privacy Statement
constitute the entire agreement between You and the Company with respect to the
use of Ghumo.pk.
19.Questions
a.
If you have any additional questions or concerns
related to this statement and/or our practices, please email us at support@ghumo.pk
This Terms of Use was last updated on 16th April
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