Terms and Conditions
Terms and Conditions
1. Introduction and Acceptance of Terms
Welcome to the digital platforms operated by dMAC (“dMAC”, “we”, “us”, “our”), including websites, mobile applications, social media channels, and any other online services (collectively, the “Digital Platforms”). These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User”, “you”, “your”) and dMAC governing your use of our Digital Platforms. By accessing or using our Digital Platforms, you confirm that you have read, understood, and agree to be bound by these Terms and any additional policies referenced herein. If you do not agree with any part of these Terms, please do not use our Digital Platforms.
2. Definitions
For the purposes of these Terms, the following definitions apply:
- “Content”: All materials provided on the Digital Platforms, including but not limited to text, images, graphics, logos, videos, audio, software, data compilations, and other digital assets.
- “Services”: Any features, functions, or services provided on or through the Digital Platforms.
- “Account”: A user profile created by a User to access restricted features of the Digital Platforms.
- “User-Generated Content”: Any content submitted by Users, including comments, reviews, posts, images, and other contributions.
- “Third-Party Content”: Content, links, or services provided by third parties that may appear on or be accessible through our Digital Platforms.
- “Agreement”: These Terms and any additional terms, policies, or guidelines incorporated herein by reference.
3. Eligibility and Registration
- Eligibility: You represent and warrant that you are at least 18 years old or, if under 18, have obtained the consent of a parent or legal guardian to use our Digital Platforms. You further affirm that you are legally capable of entering into these Terms and complying with all applicable local, national, and international laws—including the laws of Pakistan.
- Registration: Certain features of our Digital Platforms require account registration. You agree to provide accurate, current, and complete information during registration and to promptly update such information if it changes. Failure to do so may result in suspension or termination of your account.
4. User Accounts and Security
- Account Security: You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify dMAC of any unauthorized access or any other breach of security.
- Account Termination: dMAC reserves the right, in its sole discretion, to suspend or terminate any account or access to the Digital Platforms at any time, without prior notice, for conduct that dMAC deems to be in violation of these Terms or for any other reason.
5. Permitted Use of the Digital Platforms
- License Grant: Subject to your compliance with these Terms, dMAC grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Digital Platforms and view the Content solely for personal, non-commercial purposes.
- Limited Rights: This license does not permit you to reproduce, modify, distribute, publicly display, perform, or create derivative works from any part of the Digital Platforms or Content without prior written consent from dMAC, except where such actions are expressly allowed under these Terms or by law.
6. Prohibited Conduct and Restrictions
You agree not to engage in any of the following activities:
- Illegal or Unauthorized Activities: Use the Digital Platforms for any purpose that is unlawful or prohibited by these Terms, including activities that may violate any applicable local, national, or international laws.
- Interference: Interfere with, disrupt, or attempt to gain unauthorized access to any part of the Digital Platforms, including using automated tools such as bots, scrapers, or data mining techniques.
- Harmful Conduct: Transmit viruses, malware, or other harmful code; engage in phishing, spamming, or any form of fraudulent behavior; or conduct any activity that could damage, disable, overburden, or impair the Digital Platforms.
- Impersonation and Misrepresentation: Impersonate any person or entity, misrepresent your affiliation with any person or entity, or falsify any information in order to gain unauthorized access or mislead others.
- Circumvention: Bypass or attempt to bypass any security or access control mechanisms implemented on the Digital Platforms.
7. Intellectual Property Rights
- Ownership: All Content, trademarks, service marks, logos, and other intellectual property on the Digital Platforms are the exclusive property of dMAC or its licensors and are protected by copyright, trademark, and other intellectual property laws, including those of Pakistan.
- Restrictions: No part of the Digital Platforms or Content may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed without the prior written consent of dMAC, except as expressly permitted by these Terms or under applicable law.
- Feedback License: Any suggestions, comments, or feedback you provide regarding the Digital Platforms is non-confidential and becomes the property of dMAC, which may use it without any compensation or attribution.
8. User-Generated Content
- Submission and License: By submitting User-Generated Content to the Digital Platforms, you grant dMAC a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media or platform.
- Content Standards: You agree that any User-Generated Content you submit does not violate any laws, infringe on any intellectual property rights, or contain defamatory, obscene, or otherwise harmful material. dMAC reserves the right to remove any content that violates these Terms or is deemed inappropriate in its sole discretion.
- Ownership of Submissions: You retain ownership of any intellectual property rights that you hold in the content you submit; however, you grant dMAC the rights described herein.
9. Privacy and Data Protection
- Data Collection and Use: dMAC collects and processes your personal data in accordance with our Privacy Policy, which is incorporated herein by reference. Your use of the Digital Platforms is subject to the terms of the Privacy Policy.
- Security Measures: While dMAC implements reasonable security measures to protect your data, we cannot guarantee absolute security. By using our Digital Platforms, you acknowledge and accept this risk.
- Data Rights: Depending on your jurisdiction, you may have rights regarding the access, correction, or deletion of your personal data. Please, refer to our Privacy Policy for more details on how to exercise these rights.
10. Third-Party Content, Links, and Services
- External Links: The Digital Platforms may contain links to third-party websites or services that are not owned or controlled by dMAC. These links are provided for your convenience only. dMAC does not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites.
- Third-Party Services: In some cases, dMAC may integrate or offer access to third-party services. Your use of such services is subject to the terms and conditions of the respective third-party providers.
11. Disclaimers and Limitation of Liability
- Disclaimer of Warranties: The Digital Platforms and all Content are provided on an “as is” and “as available” basis without any warranties, whether express, implied, statutory, or otherwise. dMAC expressly disclaims any warranties of merchantability, fitness for a particular purpose, or non-infringement.
- No Guarantee of Accuracy: dMAC does not warrant that the Digital Platforms or Content will be error-free, secure, or available at all times. You use the Digital Platforms at your own risk.
- Limitation of Liability: To the fullest extent permitted by law, dMAC and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, arising out of or in connection with your access to or use of the Digital Platforms—even if dMAC has been advised of the possibility of such damages.
12. Indemnification
You agree to indemnify, defend, and hold harmless dMAC, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) arising out of or related to:
- Your use of the Digital Platforms,
- Your violation of these Terms,
- Your infringement of any intellectual property or other rights of any third party,
- Any conduct that violates applicable laws or regulations.
13. Modifications, Suspension, and Termination of Services
- Modifications: dMAC reserves the right to modify, suspend, or discontinue any aspect of the Digital Platforms or these Terms at any time, with or without notice. Any changes will be effective immediately upon posting on the Digital Platforms.
- Termination: dMAC may, at its sole discretion, terminate or suspend your access to the Digital Platforms immediately if you breach any provision of these Terms or if deemed necessary for any other reason. Upon termination, all licenses and rights granted to you under these Terms will immediately cease.
- Effect of Termination: Termination of your access does not relieve you of any obligations incurred prior to termination, including payment of any fees (if applicable) and indemnification obligations.
14. Governing Law and Jurisdiction
- Applicable Law: These Terms shall be governed by and construed in accordance with the laws of Pakistan, without regard to its conflict of laws principles.
- Jurisdiction: Any disputes arising out of or in connection with these Terms or your use of the Digital Platforms shall be exclusively subject to the jurisdiction of the courts in Lahore, Pakistan. By using the Digital Platforms, you consent to the personal jurisdiction of these courts and waive any objections based on forum non convenience.
15. Dispute Resolution
- Good Faith Negotiation: In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the Digital Platforms, or the breach, termination, or invalidity thereof, the parties shall attempt to resolve the matter amicably through negotiation in good faith.
- Mediation and Arbitration: If a resolution cannot be reached within a reasonable period, the dispute may be submitted to mediation. Should mediation fail, the dispute shall be resolved by binding arbitration in accordance with the applicable arbitration rules in Pakistan. The arbitration award shall be final and binding upon both parties.
16. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the extent necessary to render it enforceable, and the remaining provisions shall continue in full force and effect.
17. Entire Agreement
These Terms, together with any additional policies, guidelines, or agreements referenced herein (including the Privacy Policy Link), constitute the entire agreement between you and dMAC regarding your use of the Digital Platforms and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
18. Waiver and Assignment
- Waiver: No waiver by dMAC of any breach of these Terms shall be deemed a waiver of any subsequent breach, and any failure by dMAC to enforce any provision of these Terms shall not constitute a waiver of that provision.
- Assignment: dMAC may assign or transfer these Terms, in whole or in part, without notice to you. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of dMAC.
19. Force Majeure
dMAC shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is due to causes beyond its reasonable control, including but not limited to acts of Almighty ALLAH, natural disasters, war, terrorism, labor disputes, or governmental actions.
20. Notices
Any notices or communications required or permitted under these Terms shall be in writing and shall be deemed delivered when sent via email to the address provided by you during registration or when posted on the Digital Platforms. dMAC may also provide notice to you via the conventional courier service.
21. Changes to Terms
dMAC reserves the right to update or modify these Terms at any time without prior notice. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Digital Platforms after the posting of any modifications constitutes acceptance of those changes.
22. Contact Information
For any questions, concerns, or requests regarding these Terms or the Digital Platforms, please contact us at:
- Email: complaints@dMAC.ac.pk
- Address: 9 Noon Avenue, Block C, Canal Road, Muslim Town, Lahore.
- Phone: +92 3326 113 555
Conclusion
These Terms and Conditions establish the legal framework under which you may access and use dMAC’s Digital Platforms. They outline your rights, responsibilities, and the limitations imposed on both parties. By using our Digital Platforms, you acknowledge your acceptance of these Terms. Please review this document periodically for updates, and contact us if you have any questions or require further clarification.