Terms and Conditions

Introduction

Welcome to Butterfly Pakistan’s website, www.butterfly.com.pk. ("you" or "End User" or "your" or "Buyer" or "Customer") are required to read and accept all of the terms and conditions laid down in this Terms and Conditions ("Terms and Conditions" or "TERMS AND CONDITIONS" or "Terms" or "Agreement") and the linked Privacy Policy, before you may use www.butterfly.com.pk (hereinafter referred to as "Site" or “Santex” or “Butterfly” or “us” or "we" or "our"). This User Agreement is deemed effective upon your use of the Site which signifies your acceptance of these terms. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.

We require that by accessing the Site, you confirm that you can form legally binding contracts and therefore you confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian.

Intellectual Property Rights

Your use of the Website and its contents grants no rights to you in relation to any of the intellectual property rights or associated rights, including copyrights, trademarks, patents, design rights, trade names, database rights, and neighboring rights, as well as rights to know-how (“Intellectual Property Rights”), related to the Website. All text, user interfaces, visual interfaces, graphics, illustrations, photographs, trademarks, logos, computer code and other related material (together, “Content”), including but not limited to the design, arrangement, structure, selection, coordination, expression and “look and feel” of the content contained on the Website are owned or controlled by us or licensed to us by our third party licensors. All such rights are reserved. Nothing in the Terms constitutes the transfer of any Intellectual Property Rights from us to you or any third party.

You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the Content, services, web pages or materials on the Website or the computer codes of elements comprising the Website other than for your own personal use. You also may not use any automatic or manual device, program, algorithm or methodology, or any similar process on any portion of the Website or Content. Any use other than that permitted under this clause may only be undertaken with our prior written authorization.

We do not purport to use any name, logo or mark in any territory in which we are not so entitled, and will not supply or offer to supply products and/or services bearing any such name, logo or mark into any such territory.

Code of Conduct

By accessing or using any Site or any other feature provided through our Site, including but not limited to, when submitting a Submission to our Site, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to:

  • Use the Site in breach of these Terms;
  • Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of any Site or use or access to the Site;
  • Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity;
  • Impersonate another person or entity;
  • Promote, solicit, or participate in any multi-level marketing or pyramid schemes;
  • Solicit personally identifiable information from or exploit any individual under eighteen (18) years of age;
  • Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum or posting unrelated to a forum’s designated topic or theme;
  • Introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the website;
  • Gain unauthorized access to any computer system or nonpublic portion of the Sites or interfere with or disrupt the Sites, servers, or networks connected to the Sites;
  • Invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about the Sites’ users;
  • Engage in, encourage, advocate, provide instructions for or discuss with the intent to commit conduct that would constitute a criminal or civil offense or otherwise violate any federal, state, local, or international law or regulation.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. Santex cannot and does not assure that other Users are or will be compliant with the foregoing Code of Conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the content or communications featured or displayed on the Site ("Content"), including without limitation text, graphics, photographs, images, moving images, sound, illustrations, information, software, products or services and the arrangements thereof, except as expressly permitted here under. You acknowledge that any unauthorized use of any Content could cause irreparable harm to us and agree that in the event of any such unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity. Subject to any expressly stated restrictions or limitations on the Site relating to specific material, you may electronically copy and/or print hard copy portions of Content solely for your own noncommercial use, or to place an order with us. Any other use of Content, including the modification, reproduction, distribution, republication, display or transmission of any Content, without our prior written permission is strictly prohibited. You agree not to collect and/or use any product descriptions, images, listings or prices except for your own personal noncommercial use or to place an order with us.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be wrongly priced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Content

The information on this site has been included in good faith but is for general informational purposes only. It should not be relied on for any specific purpose and no representation or warranty is given as regards its accuracy or completeness.

All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to Santex through this web site will become and remain the exclusive property of Santex, including any future rights associated with such submissions, even if these terms and conditions are later modified or terminated.

This means that you disclaim any proprietary rights in such submissions, and you acknowledge Santex unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means Santex has no obligation to keep your submissions confidential.
We reserve the right to make any changes and corrections to this site as and when we consider it appropriate and without notice.

No warranties

While Santex uses reasonable efforts to include accurate and up-to-date information on the Site, Santex makes no warranties or representations as to its accuracy. Santex assumes no liability or responsibility for any errors or omissions in the content of the Site. Some of the materials contained in this website, including but not limited to the information contained in such materials, may be intended to serve as a guide and basis for general comparisons and evaluations, but not as the sole basis upon which any specific conduct is to be recommended or undertaken. The contents of this Site are for informational purposes only, and are not intended as medical advice. For medical care and advice, you should consult your physician or health care provider on a regular basis. If you have any problem which concerns you, consult your physician immediately.
The Site/Company takes no responsibility for the services or products that are sold or supplied by third party vendors. The Company makes no warranty to their end users for the quality, safety, usability, or other aspect of a product or service that is supplied by a Merchant and/for some services or activities that involve potential bodily harm, and for those activities, the Company takes no responsibility for the service or activity being offered, and the End User takes responsibility for his or her own actions in utilizing those services. The exact time of delivery is determined by the courier service used and it may be more or less than the determined time. Santex cannot be held responsible for the delays caused the Third-party services.

Limitation of liability

In no event shall Santex, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Santex, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
Santex makes no representation that the operation of its Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the site or any part of it at any time. The information, content and services on the site are provided on an "as is" basis. When you use the site and or participate herein, you understand and agree that you participate at your own risk.

Indemnification

You agree to indemnify, defend, and hold harmless Santex, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provision shall be deleted without affecting the remaining provisions herein.

Variation of Terms

Santex is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
Santex is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms constitute the entire agreement between Santex Products (Pvt) Ltd. and you in relation to your use of this Website, and supersedes all prior agreements and understandings.
The products referred to in this Site are available in Pakistan and may not be available in your country. This Site is controlled and operated by Santex Products (Pvt) Ltd. from Pakistan.
Santex makes no representation that the information and materials in this Site, including without limitation the information, performance claims and other materials promoting the products identified herein, are applicable or available for use in other countries.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby, irrevocably, submitted to the non-exclusive jurisdiction of the state and federal courts located in Pakistan. For any queries, please write to us at [email protected]