Terms of Service.

1 — Definitions

In these Terms, the following terms shall have the meanings set out below:

• “Applicable Laws” means all statutes, regulations, orders, ordinances, and rules of any governmental or regulatory authority applicable to activities under these Terms, including but not limited to the Non-Banking Finance Companies (Establishment and Regulation) Rules, 2003 and the Non-Banking Finance Companies and Notified Entities Regulations, 2008 by the SECP, the Anti-Money Laundering Act 2010, the Prevention of Electronic Crimes Act 2016, and all amendments thereto.
• “Account” means the account created by the User on the Platform for the purpose of accessing the Services and Finance.
• “Finance” or “Financing” means financial products provided by SFSPL in accordance with its NBFC license and Applicable Laws.
• “Operative Account” means the account maintained by the User with SFSPL for the purpose of accessing Financing Services and recording all transactions thereunder.
• “Services” means the financing and related services offered by SFSPL through the Platform.
• “User” means any individual who creates and maintains an active account on the Platform. The terms “User”, “you”, and “your” refer to the user of the Platform and/or the Services.
• “SFSPL” means Shaamilkar Financial Services (Private) Limited, a non-banking finance company licensed by the Securities and Exchange Commission of Pakistan (SECP).
• “Website” means the official website of SFSPL located at Shaamilkar.com, through which SFSPL offers information, tools, and Services to Users.

2 — Platform Terms

By agreeing with these Terms of Service, you represent that you are at least the age of majority in your province of residence, or that you have given us your consent to allow any of your minor dependents to use the Platform.

You may not use our Service for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of your Service.

3 — General Conditions

We reserve the right to refuse our Service to anyone for any reason at any time. You agree not to reproduce, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the Platform through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

4 — Registration and User Accounts

You are the sole authorized user of any account (“Account”) you create using the Platform. Your successful registration constitutes your acceptance of these Terms. Registration is free of charge. Mere registration creates no entitlement for provision of the Service. The data you provide for registration must be complete and accurate, and you are responsible for keeping it updated through the Platform. We have no responsibility over the use of the Account and expressly disclaim any liability therefrom. Should you suspect that any unauthorized party might be using your Account, you must notify us immediately at info@shaamilkar.com.

By providing personal details at the time of registration and during your use of the Platform, you affirmatively consent to our use of your personal details for contacting you directly to perform the Service, including occasionally sending notifications, text messages with promotional offers, service updates, and quality surveys. Notwithstanding anything contained herein, we reserve the right, at our sole discretion, to restrict, suspend, or terminate your Account if we believe you are or may be in breach of these Terms or law, or are misusing the Service.

Except with our approval, you may only register one account on the Platform. We may cancel or terminate your Account if we have reason to suspect you have concurrently registered or are controlling two or more Accounts, and we may reject your application for registration for any other reason.

Upon registration, we shall assign an account and issue a User ID and password (the latter chosen by you) to each User (“User ID”). Each User ID is unique to each Account. You are solely responsible for maintaining the confidentiality and security of your User ID and for all activities under your Account. You must not share, assign, or permit the use of your User ID by another person, and you must notify us immediately of any unauthorized use or breach of security.

5 — User Undertakings, IP Licence and Sanctions

By opening an Account and using the Services, you represent, warrant, and undertake on a continuing basis that:

• you are not a person barred from receiving services under any Applicable Laws;
• your use of the Platform and Services complies with all Applicable Laws and regulations in your jurisdiction;
• you will not use the Services or Platform to defraud any person or entity, impersonate any person, or engage in spamming, phishing, harassment, or any other unlawful activity;
• you will not attempt to copy, reproduce, exploit, or expropriate SFSPL’s proprietary directories, databases, or listings, or deploy computer viruses, destructive code, or schemes to undermine the integrity of SFSPL’s systems or networks;
• you are not subject to any economic sanctions, fraud sanctions, or other restrictive measures imposed by any governmental, international, or regulatory authority; and
• you are not a Politically Exposed Person (PEP) or an associate/family member of a PEP, unless you have disclosed this to SFSPL prior to registration and SFSPL has approved your Account with enhanced due diligence.

By submitting any information, data, or content to SFSPL through the Platform, and to the extent permitted by Applicable Laws, you grant SFSPL an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable license to use, display, reproduce, adapt, modify, translate, distribute, and create derivative works from such information for any purpose connected with the operation of the Platform, the provision of Services, credit assessment, risk management, regulatory compliance, and SFSPL’s business operations — provided that any personal data shall be anonymized or processed strictly in accordance with SFSPL’s Privacy Policy and Applicable Laws. You confirm that you have all rights, power, and authority necessary to grant the above license.

You agree to provide all necessary information, materials, and approvals, and to render all reasonable assistance necessary for SFSPL’s provision of the Services, including in connection with any compliance review, complaint handling, or regulatory inquiry. Failure to do so may result in suspension or termination of Services without liability to SFSPL.

6 — Separate Agreements and Documents

Through the Platform, and for the use of respective Services, you may be required to enter into separate agreements or sign other similar documents with third parties. You agree to be bound by these Terms of Service. SFSPL does not guarantee and claims no liability for the content of the separate agreements with third parties through the Platform.

7 — Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Platform is not accurate, complete, or current. The material on this Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Platform is at your own risk.

This Platform may contain certain historical information, which is necessarily not current and is provided for your reference only. We reserve the right to modify the contents of this Platform at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our Platform.

8 — Modifications to the Service

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Service.

9 — Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor control, nor have any input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the Platform is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which they are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the Platform, which shall also be subject to these Terms.

10 — User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries), or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials (collectively, ‘comments’), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.

11 — Personal Information

Your submission of personal information through the Platform is governed by our Privacy Policy.

12 — Errors, Inaccuracies and Omissions

Occasionally there may be information on our Platform or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information in the Service or on any related Platform is inaccurate at any time without prior notice.

We undertake no obligation to update, amend, or clarify information in the Service or on any related Platform, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Service should be taken to indicate that all information has been modified or updated.

13 — Prohibited Uses

In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the Platform or its content: (a) for any unlawful purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) for any obscene or immoral purpose; or (g) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service or any related Platform for violating any of the prohibited uses.

14 — Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without giving notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service is (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

15 — Trademarks and Copyrights

The Shaamilkar logo, Shaamilkar.com, and Shaamilkar, and other marks indicated on our Platform are trademarks or registered trademarks in the relevant jurisdiction(s). Our graphics, logos, page headers, button icons, scripts, and Service names are trademarks or trade dress and may not be used in connection with any service that does not belong to us, or in any manner likely to cause confusion, or that disparages or discredits us. All other trademarks that appear on this Platform are the property of their respective owners.

All intellectual property rights, whether registered or unregistered, in the Platform, its content, and all design — including but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations and underlying source code — shall remain our property. The entire contents of the Platform are protected by copyright as a collective work under Pakistani copyright laws and international conventions. All rights are reserved.

You may use the Platform’s software (“Software”) solely to enable your use of our Service as permitted by these Terms. You may not incorporate any portion of the Software into 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 it. You may not use the Software for any illegal purpose. You may not, and will not encourage, assist, or authorize any other person to copy, modify, reverse-engineer, decompile, disassemble, or otherwise tamper with our Software, or create any derivative works from it.

16 — Indemnification

You agree to indemnify, defend, and hold harmless SFSPL and/or our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

17 — Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

18 — Termination

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 your rights granted under these Terms. Upon any termination, you shall immediately cease all access to and use of the Platform, and we shall immediately revoke all password(s) and account identification issued to you. Any termination shall not affect the respective rights and obligations (including payment obligations) of the parties arising before the date of termination.

SFSPL may also, without prior notice, terminate or suspend your Account and access to all or part of the Services where: (a) required by the order of a competent authority or in compliance with Applicable Laws (including those pertaining to AML/CFT/KYC/CDD); (b) SFSPL reasonably suspects unauthorized or fraudulent use of your Account or that any of its security features have been compromised; or (c) SFSPL has reason to believe that you are in violation of Applicable Laws.

Termination shall not affect any accrued rights or obligations of either party. You further agree that we shall not be liable to you or any other person because of any such suspension or termination. If you are dissatisfied with the Platform or with any terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Platform.

19 — Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Platform constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

20 — KYC, AML and CFT Compliance

SFSPL is required by Applicable Laws to verify the identity of its Users and to comply with anti-money laundering (“AML”) and counter-terrorism financing (“CFT”) regulations. By registering on the Platform, you consent to SFSPL conducting identity verification, Know Your Customer (“KYC”), and Customer Due Diligence (“CDD”) checks, which may include verification of your CNIC, biometric data, source of funds, and other personal information as required by Applicable Laws.

SFSPL reserves the right to: (a) refuse account opening or suspend/terminate an account pending satisfactory completion of KYC/CDD requirements; (b) carry out AML/CFT and fraud checks before disbursing any Finance or processing any withdrawal of funds, including in relation to returning funds after Account closure; (c) block, freeze, or reverse transactions where fraud, money laundering, terrorism financing, or other criminal activity is suspected; and (d) report any suspicious transactions or activities to the Financial Monitoring Unit (FMU) or other relevant law enforcement authorities as required under the Anti-Money Laundering Act, 2010 and the Prevention of Electronic Crimes Act, 2016.

SFSPL shall not be liable to you for any loss or damage resulting from any action taken in good faith pursuant to its AML/CFT/KYC obligations. SFSPL reserves the right to cooperate fully with governmental authorities and may disclose your identity, contact information, and Account information if required by a government or law enforcement authority or as a result of a subpoena or other legal process.

21 — Payments, Finance Charges and Default

Users must ensure that all information regarding payments and monetary transactions in the Account is always accurate and up to date. SFSPL may at any time ask the User to confirm or verify the accuracy of payment information or transaction details, and to provide supporting documents or evidence.

Each payment shall be assigned a unique transaction ID on the Platform, visible in the transaction history. In the event of any irregularities in the transaction history, the User shall report the same to SFSPL immediately by contacting customer service.

Users agree to pay all fees, profit charges, and expenses associated with Finance or Services as per SFSPL’s schedule of charges, communicated through the Platform. SFSPL calculates charges based on risk profile, credit score, financing tenure, and requested amount. All charges payable shall be deducted from the User’s Account balance, and the User authorizes SFSPL to affect such deductions. Disbursement of financing shall not include upfront charges unless separately disclosed. Payments must be made without deduction or withholding unless required by Applicable Laws.

Users shall also be liable for all applicable taxes, duties, and levies on Finance or Services as required under Applicable Laws. SFSPL may block funds for non-compliance with tax obligations. SFSPL may block or reverse any transaction, even after funds have been credited, where: (a) fraud or criminal activity is suspected; (b) required by a court or regulatory order; or (c) the transaction exceeds payment limits set by SFSPL.

In the event of a payment default or breach of these Terms, SFSPL shall have the right to: (a) suspend or terminate the User’s Account; (b) cancel the Financing facility and demand immediate repayment of all outstanding amounts; (c) restrict or downgrade access to any or all Services; and (d) take any other corrective action or legal remedy available under Applicable Laws.

22 — Operative Account, Statements and Assignment

Each User shall maintain an Operative Account for the purpose of availing Financing Services. SFSPL shall maintain account statements reflecting all transactions, accessible through the Platform.

Users are obligated to review their account statements regularly and to report any discrepancies or unauthorized transactions to SFSPL within thirty (30) days of the relevant statement date. SFSPL may correct any clerical or computational errors in account statements at any time. Subject to any errors reported within the above period, Operative Account statements shall constitute conclusive evidence of the transactions recorded therein.

Users will receive periodic transaction notifications through the Platform or via SMS/email. SFSPL always maintains full rights over your Account. SFSPL reserves the right to assign, transfer, or novate any part of these Terms and the associated Services, in whole or in part, without the User’s prior written consent, to any successor entity, assignee, acquirer, or third-party service provider. You may not assign your rights or obligations under these Terms without SFSPL’s prior written consent.

23 — Governing Law

These Terms of Service and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of Pakistan. The Parties hereby submit to the exclusive jurisdiction of the Courts of Pakistan.

In the event of any dispute arising out of or in connection with these Terms, the Parties shall endeavor to resolve the matter amicably. If the dispute cannot be resolved amicably within thirty (30) days of written notice, it shall be submitted to binding arbitration in accordance with the Arbitration Act, 1940 (as amended from time to time). The seat of arbitration shall be determined by SFSPL, and the language of arbitration proceedings shall be English. The arbitral award shall be final and binding on both Parties.

You agree that you will not bring or participate in any class action, collective action, or representative proceeding against SFSPL.

24 — Events Beyond Our Control

Under no circumstances shall we be held liable for any delay, failure, or disruption of the content or Service delivered through the Platform resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including without limitation internet failures; computer, telecommunications, or 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; epidemics or pandemics; orders of domestic or foreign courts or tribunals; or non-performance of third parties.

25 — Changes to Terms of Service

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our Platform. Updates will be communicated to you through SMS, email, or Platform notifications, and become effective upon notification. Your continued use of or access to our Platform or the Service following the posting of any changes constitutes acceptance of those changes. If you do not agree to the revised Terms, you must discontinue use of the Platform and Services.

26 — Contact Information

Questions about the Terms of Service should be sent to us at info@shaamilkar.com.