The following capitalized terms shall have the following meaning, except where the context otherwise requires:
11.1 Subject to Clause 5.2, these Terms, the Privacy Policy and any other expressly incorporated document constitute the entire agreement between you and the Company and neither party has relied on any representation made by the other party unless such representation is expressly included in these Terms. Nothing in this Clause 11.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.
11.2 The Company reserves the right to alter its terms of business from time to time. The Effective Date at the time the User is reading these terms is set out at the top of these Terms. Prior to using the Website again in the future, Users should check that the Effective Date has not changed. If it has, the User should examine the new set of terms and conditions and only use the Website if it accepts the new terms and conditions. If you do not accept the changes you should immediately discontinue your access to the Website and your use of the Service.
11.3 If any provision of these Terms or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
11.4 The Company reserves the right to assign or subcontract any or all of its rights and obligations under these Terms. The User may not assign or otherwise transfer its rights or obligations under these Terms without the Company’s prior written consent.
11.5 Any notice given pursuant to these Terms may be served personally or by email to the last known email address of the addressee. It is the responsibility of Users promptly to update the Company of any change of address or email address. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service or when sent by email 24 hours after the email has been sent.
11.6 The Company shall not be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.
11.7 Any delay or forbearance by the Company in enforcing any provisions of these Terms or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
11.8 The headings in these Terms are solely used for convenience and shall not have any legal or contractual significance.
11.9 These Terms shall be governed by and construed in accordance with the law of Pakistan, and the parties submit to the exclusive jurisdiction of the Courts of Lahore, save that the Company may take action in any relevant jurisdiction to enforce its Intellectual Property Rights. You agree that any cause of action brought by you arising out of or related to your use of the Service and/or the Website must commence within a reasonable time and in any event within one (1) year after the cause of action accrues.
11.10 These Terms shall inure to the benefit of and be binding upon each party’s successors.
11.11 If these Terms are translated into any other language and there is a discrepancy between the English text and the text of the other language, the English text version will prevail.