Terms & Conditions

1. Our Service

Asaan Retail is a software application (“Service”) provided by NeoShift Technologies Private Limited (“NeoShift,” “us,” “our,” or “we”) to you as our customer (“you” and “your”).

These Terms and Conditions (“Terms and Conditions”) apply to the order by you and supply of services by us to you (“Contract”). We reserve the right to amend these Terms and Conditions at any time. You should refer to the Terms and Conditions on our website from time to time.

Use of this Service and additional Services introduced by NeoShift and contained within the Asaan Retail application constitutes acceptance by you of these Terms and Conditions and any amended Terms and Conditions that may be published.

2. Registration and Account Integrity

To create an account, you hereby affirm that you provide accurate information about your identity, address, and the products you sell via the connected platforms and agree to update this information regularly and promptly.

You confirm that you will not use the software to offer products for sale on any platform that is illegal and demoralizes public decency.

You cannot create an account, username, or password that is the personal information of another person, words that are the trademarks, or the property of another party (including ours). Text placed by you or on your behalf for the products offered for sale cannot be obscene, malicious, threatening, or in any other way inappropriate.

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through Asaan Retail by us to provide the Service are trademarks or trade dress of Asaan Retail. Asaan Retail’s trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Asaan Retail. All other trademarks not owned by Asaan Retail that appear in the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Asaan Retail.

Asaan Retail cannot accept registered accounts through automated methods.

Users need to provide Asaan Retail with all requested information to enable full use of the software.

If you suspect that your username and password have been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username, password, or other details.

3. Free Trial Period

Upon confirmation of registration with Asaan Retail, you will be given a 14-day free trial period (excluding net usage charge or any third party cost) to use services offered by the software.

After completing the 14-day free trial, if you wish to continue using the services, you can upgrade to any paid plans offered by Asaan Retail. For further assistance regarding the upgrade, feel free to contact our customer support; they will be delighted to help you.

The functionality will automatically be disabled following the expiry of the free trial period, which might end up shorter than 14 days, according to the limits of the received orders.

4. Plans, Account Charging, Invoicing, and Refunds

You won’t need to provide credit card details while creating a free trial account.

You shall be charged for the Service according to the selected subscription plan as detailed at https://asaanretail.io/pricing-plans. If you subscribe to the yearly package, you shall be billed annually for the entire year at the agreed-upon rate. If you subscribe to the quarterly package, you shall be billed every three months at the agreed-upon rate.

No refunds will be provided for halfway months of Service, for months where you have not used the Service, and for any upgrades/downgrades.

If a credit or charge card payment request is made by us and is declined by your card company or bank (for any reason), access to your account or accounts may be suspended instantly. Until a valid payment has been prepared and a proper credit or debit card is related to your account or accounts.

We shall notify you of any additional charges applicable to your subscribed Services, and no charges will be added to your account without your express permission.

If you select to include any extra Service during your Starting or Recharging Period, payment terms for any additional Service shall be agreed upon with Asaan Retail. They will be set out in a new payment plan.

Asaan Retail reserves the right to increase prices at any time. Customers already subscribed to a plan will not have their fees increased unless they are moving to a higher or lower tier, in which case new prices apply. If you do not agree to any price increase, you may terminate this Agreement within the 30-day notice period.

Re-Subscription Policies:

• Users will receive an email and SMS with billing details for the next period. At the start of each new billing period, users will be invoiced for any over-usage from the past period plus the current period's charges per their subscription plan.
• Incase of non-payment. The application will be blocked on the 15th day after the invoice due date if unpaid, and data will be archived if unpaid for 30 days.

5. Cancellation and Termination

You can cancel your subscription from the Subscriptions page in your Asaan Retail account. If you cancel the subscription before the end of your current paid month, the cancellation will take effect immediately, and you will not be charged again.

Asaan Retail has the right to suspend or terminate your account and current or future use of service for any reason. Termination or suspension will result in the deletion of your account.

6. Technical Support

Technical support is provided via email and other means as we decide to provide good service to users.

We reserve the right not to provide technical support service to free or trial account users or any user if we deem the request unreasonable.

7. Specific Service Rules

As a user, you agree not to do any of the following but are not limited to:

• Abuse, harass, threaten, stalk, defame, or seek to violate the rights of Asaan Retail, another service user, or a third party.
• Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
• Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organizations.
• Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
• To transmit or transfer any viruses, trojans, worms, or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or any other equipment.
• Attempt to gain access to our servers or other equipment to disrupt, impair, overload, or otherwise hinder or compromise the safety, security, or privacy of any of the Services provided by or relied upon by users and us.
• Load or provide access to content on the Service or link to other content from the Service which infringes the trademark, patent, trade secret, or any other proprietary right of a third party or infringes any intellectual property law.
• Send junk or spam emails or emails or posts promoting pyramid schemes, chain letters, or any other activity that invites users and others to participate in wasting their time and/or money.
• Use any robot, spider, scraper, or other technical means to access the Service or any content on the Service.

A breach of these Terms and Conditions by sending any unsolicited bulk email (spam) or other bulk communications will cause harm to the Service and us. Such damage is difficult to quantify, and as such, you agree to pay us the sum of PKR 5000 for every individual email or other communication sent to a user or third party.

8. Intellectual Property Rights and Restricted Content

The Intellectual Property Rights in the Service and any hardware or software used in connection with the Service is and will always remain the property of Asaan Retail or Asaan Retail’s licensors.

9. Content Ownership

As a user, you retain all ownership rights to content provided by you. You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable license to copy and modify any materials provided by you to us for the term of the Contract to provide the Services to you.

You warrant that any content you provide does not belong to a third party whose rights have been violated by the content posted to the Service. Furthermore, if a third party owns any content, you agree to pay all royalties, fines, and settlements owed to that party without seeking any contribution from us.

10. Copyright

We do not condone or encourage posting copyrighted or proprietary content or information by any users who are not the legal owners of such content.

Where notified of breaches by the owner, we will remove the content from the Service as soon as practicable. But only where we can reasonably ascertain the valid owner of such content.

If you believe your rights have been infringed as the owner of such content, you should contact us as soon as possible and provide all relevant information in writing.

Any copyrightable materials protected under applicable law included in or made available through Asaan Retail by us to provide the Service, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Asaan Retail (or that respective materials supplier) and protected by international copyright laws.

11. Content Monitoring

Users can freely add content to the Service. We do not monitor or assume any responsibility for content posted onto the Service. Suppose we decide to monitor the Service on any occasion; in that case, it does not mean that we assume responsibility for removing any content.

12. Access and Backups

We take all reasonable steps to ensure that the Service is available and fully functioning. However, we do not accept any responsibility for the “down-time” or poor performance of our servers or infrastructure. The Service can be unavailable for any other reason, whether within or outside our direct control.

You are solely responsible for backing up your content or data entered onto the Service. Therefore, we strongly recommend that you regularly and thoroughly backup all your content and data on the Service.

13. Indemnity

You agree to indemnify and hold our subsidiaries and us, affiliates and partners, and their respective officers and employees harmless from any loss, fines, fees, liability, or claim made by any third party arising from your breach of these Terms and Conditions while using the Service or any other Service provided by us.

14. Limitation of Liability

Our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 75% of the total amount paid to us for the Services during the 12 months before the date on which the relevant liability was notified to us.

Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

• Death or personal injury caused by negligence;
• Fraud or fraudulent misrepresentation; and
• Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

• loss of profits;
• loss of sales or business;
• loss of agreements or contracts;
• loss of use or corruption of software, data, or information;]
• loss of or damage to goodwill; and]
• any indirect or consequential loss.

Unless you notify us that you intend to claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day you became, or ought reasonably to have become, aware that you have grounds to claim in respect of the event and shall expire 2 months from that date. The notice must be written and identify the event and the foundation for the claim in reasonable detail.

15. License

• (a) Our License Grant to You. We own all right, title, and interest in and to the Service, Asaan Retail, and all related software, technology, and intellectual property rights. Subject to these Terms and during your use of the Service, we grant you a limited, royalty-free, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferrable license to access and use the Service as permitted in these Terms. All rights not expressly granted to you in this Section are reserved and retained by Asaan Retail or its licensors, suppliers, publishers, rightsholders, or other content providers.
• (b) Our License Restrictions. You will not use the Service in any manner or for any purpose other than as expressly permitted by these Terms. You will not attempt to (i) modify, distribute, alter, tamper with, repair, or create derivative works of any materials included in the Service (except to the extent such materials are provided to you under a separate license that expressly permits the creation of derivative works); or (ii) reverse engineer, decompile or disassemble, tamper with, or bypass any security measures associated with your use of the Service, whether in whole or in part.
• (c) Your License Grant to Us. You grant us a worldwide, royalty-free, sublicensable, assignable, transferable, non-exclusive, perpetual license to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display any and all materials provided by you to us, for the purpose of providing the Service to you, and to sublicense the foregoing rights to our affiliates.

16. Disclaimer of Warranties

• (a) Our Service, including all content, software, functions, materials, and information made available on the Asaan Retail website or made available to you are provided “AS-IS.” We make no representations or warranties of any kind, express or implied. To the fullest extent permissible by law, we and our affiliates disclaim: (i) any implied warranties of merchantability, fitness for a particular purpose, or non-infringement; (ii) any implied warranties arising out of course of dealing or performance; and (iii) any obligation, liability, right, claim or remedy in tort, whether or not arising from our negligence.
• (b) We do not warrant (i) that the functions contained on the Asaan Retail or Service will meet your requirements and be available, timely, secure, uninterrupted, or error free; (ii) that materials or content made available on the Asaan Retail are accurate; (iii) the Service, information, content, materials, products (including software), electronic communications sent from us, or other services included on or otherwise made available to you through the Service are free of viruses or other harmful components; or (iv) the Service will operate without system failures or other interruptions that may affect the receipt, processing, acceptance, completion, or settlement of any transactions.

17. Miscellaneous

Waiver:

• Failure by us to enforce any accrued rights under these Terms is not to be taken as a waiver of those rights unless we acknowledge the waiver in writing.