Please read these terms and conditions carefully before using our Website.

Interpretation and Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

For the purposes of these Terms and Conditions:

• “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to KhaoSway, which is the brand that owns and operates this website.
• “Country” refers to Pakistan.
• “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
• “Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
• “Service” refers to the Website.
• “Terms and Conditions” (also referred as “Terms” or “Terms of Use”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• “Website” refers to this website, accessible at https://khaosway.pk/.
• “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Content

Form Submissions

When You submit a form with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

When submitting a form, you are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

Reviews & Testimonials

For the purpose of this section, ‘Content’ refers to review or testimonial Content posted by you on the website to reflect your experience of using Our Service.

By posting any Content as a testimonial or a review to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
• Impersonating any person or entity including the Company and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content of any importance to you in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to Us via email (hello@khaosway.pk) and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact Us via email at (hello@khaosway.pk). Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By filling the contact form on our website: https://khaosway.pk/#contact
• By sending us an email: hello@khaosway.pk

Please read through our Exchanges & Refunds Policy on this page to understand our return procedures and make sure your item is eligible for return.

What qualifies for a refund?

At least one of the following conditions must be met for your order to qualify for a refund:

• You did not receive your order.
• You did not receive your order within 30 minutes of the estimated time of delivery.
• You received the order containing any spoiled food not fit for human consumption.

In any of these cases, if you can either request your order to be delivered to you again, or fully refunded.

What qualifies for an exchange?

At least one of the following conditions must be met for your order to qualify for an exchange:

• You did not receive the correct order.
• You received the order with certain items missing.
• You received the order in damaged packaging that caused the items to spill.

In either of these cases, we will send you the correct order or the missing items without any additional charges.

In case of incorrect order delivered, the rider will pick the previously delivered items from you when delivering the correct order.

All exchange requests must be made within one day of placing the order.

What does not qualifies for an exchange or a refund?

Anything not covered above does not qualify for an exchange or a refund, including but not limited to the following:

• You or any of your representatives were not available at the time of delivery.
• You placed the order that you received, be it by mistake.
• You received the correct order but did not like it.
• You changed your mind after preparation for your order had already started.
• You changed your mind about the delivery date or time after the delivery process was initiated.

No exchange or refund requests will be entertained in any of these circumstances, as well as any other possible circumstances not mentioned here.

How to request an exchange or refund?

You can request to initiate an exchange or refund by contacting our helpline at +923456789012 to confirm that your product is eligible for return. We will ask for details to validate that your order qualifies for an exchange or refund, and then proceed accordingly.

When requesting an exchange or refund, please be prepared to give the following pieces of information:

1. Your order number.
2. The reason for exchange or refund.
3. The method of refund that you would like and the necessary information associated (bank account number, bank name, and account title.)

If my refund request gets validated, how and when will I get reimbursed?

As a refund, you can either claim a store credit Refund Voucher of the amount you paid for your item or you could ask for a complete cash refund.

In case of a store credit voucher, you can use the store credit voucher for a new purchase on the website subtracting that amount from the new total.

In case of a cash refund, if you had paid cash for your order, the amount will be refunded via an online bank transfer into your bank account, and if you had paid for your order using a debit or credit card, the refund will be processed via transaction reversal, which may take up to two weeks to process at the payment service provider’s end.

What is a refund voucher?

A Refund Voucher is a return mechanism of equal worth to the value paid for the item that you have returned. You can use a Refund Voucher at checkout to discount the amount of the voucher from your next purchase. This Refund Voucher can be used on multiple purchases (if the purchase value is less than the amount of the refund voucher) until your refund voucher balance amount is Rs.0.

A refund voucher is valid for 180 days you need to use your voucher during this period, after which the voucher will expire and cannot be used.

How do I use my refund voucher?

If you have been issued a Refund Voucher, you will receive a discount voucher code via email. Please enter this code in the discount code box and click “Apply Code” during checkout at payment step. A corresponding deduction will be applied to your total amount.

I have bought an item on promotion or with a discount code. What amount will you refund me?

For items purchased on sale, if a refund is allowed on the sale item, the amount refunded will be the exact amount paid for the item, and not its original value. For example: If you purchased an item on sale for Rs. 500 and its original value was Rs. 1000, we will refund you Rs. 500 only. If you purchased an item with a Refund voucher, we will refund you the sum of the amount you paid (including the amount of the refund voucher used).

By visiting this website, you consent to our Privacy Policy as described below.

Form Submissions

When visitors submit a form on the site, we save the data collected in the form, and also the visitor’s IP address and browser user agent string to help with spam detection.

Cookies

If you submit a form on our site, you may opt-in to saving your name and email address in cookies. These are for your convenience so that you do not have to fill in your details again when you submit another form. These cookies will last for one year.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, analytics code, tracking pixel etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Who we share your data with

We don’t directly share any of your data with any third-party, but any of your data tracked by the embedded Google Analytics and Facebook Pixel code is shared with third-party partners by Google and Facebook as per their respective policies.

How long we retain your data

If you submit a form, the submission data and its related metadata are retained indefinitely. This is so that we can recognize and approve any follow-up with you automatically and link all your submissions to you.

What rights you have over your data

If you have submitted a form on this website, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where your data is sent

Visitor form submissions may be checked through an automated spam detection service.