Welcome to SIMOSA!
Overview
These terms are between you and Pakistan Mobile Communications Limited, a company registered under the laws of Pakistan (“PMCL” “We”, “Us”, “Our”) providing the SIMOSA mobile application (the “SIMOSA Platform”) owned by Us to you on your location. Your SIMOSA Platform service provider may change from time to time, with or without prior notice (unless required by applicable law). Please read these SIMOSA Terms of Use, or as amended by the Additional Terms or the Additional Terms and Conditions (as the case may be) (the “Terms”), along with the privacy notice accessible at Privacy Notice applicable to you, and all other rules and policies related to the SIMOSA Platform. The versions of these notice(s)/Terms applicable to you are available for your review to understand how we handle your personal information. Each time you visit, browse, or use the SIMOSA Platform you accept these Terms and Privacy Notice on behalf of yourself and all members of your household.
By accepting these Terms in any manner, or accessing or using the SIMOSA Platform and/or the Services or Content (defined infra) through the SIMOSA Platform, you agree that you have read, understood, and expressly consent, agree and undertake to abide, be bound by and adhere to these Terms, the Privacy Notice and any other written terms and conditions or policies specified on the SIMOSA Platform (including terms governing the processing of your payments by a third party). You also permit to enable certain functions of the device(s) to find the location of your device, use any sensors such as altimeter, accelerometer, compass or other magnetic or GPS sensors, alter memory/storage contents, phone statistics and identity, mount and un-mount file systems contacts saved in your device, conferencing/call logs and history and association and/or ancillary functions, including camera and SMS inbox access. You also consent to permit the SIMOSA Platform to access the Wi-Fi connections on your device. In order to provide you with an enhanced experience, the SIMOSA Platform may automatically turn on Wi-Fi on your device as and when it detects availability of a trusted Wi-Fi network owned and operated by Us and/or Our affiliates.
If you do not agree to these Terms, the Privacy Notice or any other applicable terms or policies, you must not use the SIMOSA Platform or access the content thereon.
1. Modifications, Updated and Amendaments
1.1. PMCL reserves the right to change these Terms under which the Services are offered, including but not limited to the charges, if any, associated with the use of the Services. The Terms may be further modified based on changes in the business, legal and regulatory requirements and will be updated online. You are encouraged to periodically visit this page to review these Terms and any changes to it. PMCL reserves the right to add, modify or delete any content or features available in the SIMOSA Platform at any time at its sole discretion.
1.2. PMCL reserves the right to suspend or discontinue the Services or any part thereof, at any time and without notice (except as required pursuant to applicable law) and PMCL will not be liable to you should it exercise such rights, even if your ability to use the Service is impacted by the modification or change.
1.3. PMCL reserves the right to make changes to these Terms and the Privacy Notice for legal or regulatory reasons; for security reasons; to enhance existing features and/or add additional features to the Services; to reflect advancements in technology; to make reasonable technical adjustments to the Services; and to ensure the ongoing operability of the Service at any time by posting the revised terms in connection with the Services. To the maximum extent permitted by law, your continued use of the Services or the SIMOSA Platform following any changes will constitute your acceptance of such changes.
2. Our Services
2.1. The SIMOSA Platform provides a comprehensive range of services (collectively the “Services”), which include (a) ability to acquire all network bundles; (b) recharge options for all networks; (c) mobile bill payments; (d) balance sharing functionalities; (e) streaming capabilities through Tamasha; (f) access to a diverse collection of songs via Bajao; and (g) Islamic content featuring prayer timings, tasbih counter, and a Qibla direction locator. Additionally, the SIMOSA Platform offers account management tools, customer support services, the ability to download tax certificates, and the option to view detailed usage information. We also endeavour to continuously improve the SIMOSA Platform and Services and your experience with them.
2.2. All rights, including intellectual property rights without limitation, copyright, database rights and trademark rights in the SIMOSA Platform and its contents, whether audio, text, images, video or any other form (“Content”), are owned by or licensed to PMCL, or otherwise used by PMCL as permitted by applicable law. The Content is protected by copyright laws and treaties around the world. All such rights are reserved to PMCL and/or our licensors.
2.3. We give you permission to use the Services and stream, access and view the Content integrated on the SIMOSA Platform, provided you comply with these Terms. You agree that your permission to use the Services and stream, access and view the Content on the SIMOSA Platform is solely for your own private, personal and domestic use and not for any commercial, business or public use purposes. You agree that you may not copy, reproduce, republish, download (except where expressly permitted), post, adapt, create a derivative work from, distribute, store in any medium (including in any other website), broadcast, transmit, re-transmit, modify, or show in public all or any part of the Content without the prior written permission of PMCL. In addition, you may not display any of the Content surrounded or framed or otherwise surrounded by material not originating from Us without Our consent. Any use of the Service and/or the Content not expressly permitted by these Terms is prohibited unless authorised in writing by PMCL.
2.4. You may not (i) transfer, copy or display the Content, except as permitted herein; (ii) sell, rent, lease, distribute, or broadcast any right to the Content; (iii) remove any proprietary notices or labels on the Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Service; or (v) use the Content for any commercial or illegal purpose.
2.5. If you copy or download any part of the Content in breach of these Terms, your right to use the SIMOSA Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Similarly, any use of the Services in breach of these Terms may result in the termination of your account and/or legal action against you.
2.6. You agree not to make Content available on unauthorised websites or software applications and not to share content on P2P networks without our permission. We remind you that such conduct is prohibited and PMCL retains the unequivocal right to initiate immediate legal action in response to any such occurrence.
2.7. The names, images and logos identifying PMCL and its businesses, affiliates or third parties and their products and services are proprietary marks of PMCL and/or the respective affiliates or third parties. Nothing contained in these Terms shall be construed as conferring any licence or right under any trademark of PMCL or the respective affiliates or any other third party.
2.8. By using Our Service(s) you hereby agree to ensure that the explicit prohibitions mentioned herein are at all times adhered to. You may not access the SIMOSA Platform if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service or any Services under the laws of Pakistan.
2.9. In addition to the restrictions set forth above, you must not use the SIMOSA Platform to:
(a) post, upload or otherwise transmit or link to content that, inter alia, is unlawful; threatening; abusive; obscene; vulgar; sexually explicit; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
(b) harass or harm another person;
(c) exploit or endanger a minor;
(d) impersonate or attempt to impersonate any person or entity;
(e) violate any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
(f) introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
(g) attempt to decipher, decompile, disassemble or reverse engineer any of the software, applications and/or any element comprising the SIMOSA Platform and/or the Content;
(h) interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the SIMOSA Platform or PMCL or PMCL’s affiliates’ or PMCL’s service providers’ servers, networks or accounts;
(i) cover, remove, disable, manipulate, block or obscure advertisements or other portions of the SIMOSA Platform or the Content;
(j) delete or revise any information provided by or pertaining to any other user of the SIMOSA Platform;
(k) deceive or mislead the addressee about the origin of the message or knowingly and intentionally communicate any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the government, is identified as fake or false or misleading by such fact check unit of the government as the ministry may, by notification publish in the official gazette;
(l) use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the SIMOSA Platform or circumvent, delete, deactivate, decompile, reverse engineer, disassemble or modify any security technology or software that is part of the SIMOSA Platform;
(m) send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the SIMOSA Platform;
(n) solicit, collect or request any personal information for commercial or unlawful purposes or any purpose not specifically permitted herein;
(o) post, upload or otherwise transmit an image or video of another person without that person’s consent;
(p) engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising basis any portion of the Content; or building a business using the Content) without PMCL’s prior written consent;
(q) use technology or other means to access, index, frame, or link to the SIMOSA Platform or the Content that is not authorized by PMCL;
(r) access the SIMOSA Platform or the Content through any automated means, including “robots”, “spiders”, or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the SIMOSA Platform and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
(s) use the SIMOSA Platform or the Content to advertise or promote services which compete with the SIMOSA Platform;
(t) use the SIMOSA Platform for any commercial or business related use or in any commercial establishment or area open to the public (e.g., lobby, bar, restaurant, diner, stadium, casino, club, cafe, theatre, etc.) or build a business utilising the SIMOSA Platform and/or Content, whether or not for profit; use the SIMOSA Platform or the Content in a manner inconsistent with or in contravention of any and all applicable law;
(u) attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing; and/or
(v) violates any law for the time being in force.
3. Use Limitation
3.1. The SIMOSA Platform is merely intended for your personal use.
3.2. As a condition of your use of the SIMOSA Platform, you warrant to PMCL that you will not use the SIMOSA Platform for any purpose that is commercial, unlawful, or prohibited by these terms. You may not use the SIMOSA Platform in any manner which could damage, disable, overburden or impair the SIMOSA Platform service and/or any other service(s) provided by PMCL or interfere with any other party’s use and right to enjoyment of the application.
3.3. You are not entitled to use any kind of measures, mechanisms or tools (software or hardware) that could interfere with the functioning of the SIMOSA Platform or any of its Services.
4. Accessing the Simosa Platform
4.1. You acknowledge and agree that PMCL may employ specific technologies for monitoring user activities, as outlined separately in the Privacy Notice. PMCL may offer access to its Services and Content through various models.
4.2. You agree and recognize that the SIMOSA Platform, including its features, layout, and interface, as well as the Services and Content, may vary depending on location, time, and device, and are subject to various parameters such as device specifications, internet availability, speed, bandwidth, and more and factors that affect or influence the operation or use of the SIMOSA Platform. The SIMOSA Platform is continuously evolving and may change over time. PMCL reserves the right to make these changes or, if necessary, discontinue the SIMOSA Platform. If required by law, PMCL may also suspend, restrict, or terminate/bar user access to the SIMOSA Platform.
4.3. The SIMOSA Platform can be accessed through the operating systems authorized by PMCL, which are listed in the Google Play Store (https://play.google.com/store/apps/details?id=com.jazz.jazzworld&hl=en&gl=US) and App Store (https://apps.apple.com/pk/app/jazz-world-manage-my-number/id1441912305) as current compatible systems. Whether a device qualifies as a compatible systems may, in some cases, depend on software or platforms provided or maintained by the device manufacturer or other third parties. Users are responsible for procuring, maintaining, and paying for all necessary hardware, telecommunications, and other services required for SIMOSA Platform usage. When accessing the SIMOSA Platform via a mobile network, users are subject to their network or roaming provider’s calls, messaging, data, and other rates and fees. Downloading, installing, or using the SIMOSA Platform may be restricted or prohibited by the user’s network provider or user’s organisation (as applicable).
4.4. PMCL may temporarily suspend user access to all or part of the SIMOSA Platform at its discretion. PMCL will make reasonable efforts to restore access to the SIMOSA Platform or the affected portion thereof as soon as practicable after temporary suspension. PMCL is not liable for any delays, delivery failures, damages, or losses resulting from limitations, delays, or other inherent problems associated with internet use and electronic communications, including user or third-party provider device faults, lack of connectivity, out-of-range issues, power-off conditions, or malfunctioning.
4.5. The Services and/or certain Content on the SIMOSA Platform may not be accessible or available for streaming or downloading at any given time, including during maintenance or update periods, technical issues, removal of content under instructions of relevant authority, power or server outages, or due to reasons beyond PMCL’s reasonable control, such as Force Majeure events (e.g., acts of God, wars, diseases, epidemics, pandemics, lockdowns, quarantines, revolutions, riots, civil commotions, strikes, lockouts, floods, fires, technical failures, failure of public utilities, man-made disasters, changes or introductions of laws or regulations, governmental orders, etc.) (each a “Force Majeure” event). PMCL disclaims any liability in such Force Majeure events. There may be instances where PMCL has to remove specific features, functionality, devices, or platforms from accessing the SIMOSA Platform or the Services and/or Content. PMCL will endeavour to communicate any such changes, usage rules, and restrictions but acknowledges the right to make such changes at its sole discretion and without notice.
4.6. In the ongoing assessment of the SIMOSA Platform, PMCL may periodically experiment with, modify, or offer certain features or elements of the SIMOSA Platform, including promotional features, user interfaces, plans, and pricing, for some or all users. PMCL may require users to upgrade or reinstall the application to continue using the SIMOSA Platform, and users agree to comply with such requirements. Usage of updates, modifications, or replacement versions of the SIMOSA Platform is governed by these Terms , the Additional Terms or the Additional Terms and Conditions (as the case may be) agreed to during installation or acceptance of new terms.
4.7. Content available on the SIMOSA Platform may provoke varying reactions among users. Users may encounter Content they find offensive, indecent, explicit, or objectionable. Users acknowledge these risks and assume responsibility for their choices regarding the appropriateness of Content for themselves and their families when using the SIMOSA Platform.
4.8. Content on the SIMOSA Platform may include flashing light sequences or patterns that could affect users susceptible to photosensitive epilepsy or other photo sensitivities or related conditions. Additionally, 4K and/or Ultra HD content versions (including HDR content) may feature increased brightness and colour saturation, potentially affecting users. Users acknowledge these features and their corresponding risks or impacts.
4.9. Various technologies are employed to deliver an optimal viewing experience, including SD, HD, and 4K and Ultra HD quality options for specific Content. However, the playback quality of Content, including resolution, may be influenced by factors such as Content format, user location, internet bandwidth, internet service terms, subscription plans, and device configurations, among others. The time required to commence viewing Content varies based on factors such as user location, subscription plan, internet bandwidth, the number of devices concurrently connected to the same network, selected Content, and device settings. Consequently, no warranties can be provided by PMCL concerning Content in these aspects.
4.10. Users must not access or use the SIMOSA Platform or its Services and/or Content through mechanisms or technologies that conceal their actual geographic location, provide inaccurate location details, or through virtual private networks (or similar mechanisms). PMCL assumes no responsibility or liability for the collection, storage, or processing of user personal information or data if users employ mechanisms or technologies to access or use the SIMOSA Platform or its Services and/or Content while concealing their actual geographic location.
5. Using the Simosa Platform
5.1. To be able to use to the SIMOSA Platform, you must have reached the age of majority and be competent to contract under the applicable laws.
5.2. If you permit anyone else to use, view, or access the SIMOSA Platform and/or the Content using your account, you acknowledge that: (1) some content offered on the SIMOSA Platform may not be suitable for children or for some viewers and therefore discretion is advised; and (2) these Terms as well as any consents you may have provided also applies to their access, use, and disclosure of information.
5.3. Only persons of the majority age and above are allowed to register any account on the SIMOSA Platform and will always be responsible for the operation of any such account. Your access to and use of the SIMOSA Platform is subject to these Terms.
5.4. By accessing or using the SIMOSA Platform:
(a) You confirm and warrant that all the data and information you supply to PMCL and or any PMCL’s affiliates (“Registration Data”) is accurate in all respects and at all times.
(b) You agree to promptly update your Registration Data as necessary, so that your Registration Data remains accurate at all times.
(c) You acknowledge that PMCL contracts with you and is responsible for distributing the SIMOSA Platform in Pakistan and that PMCL is the data controller as set out in detail in the Privacy Notice accessible at Privacy Notice
5.5. When you use the SIMOSA Platform, you may be given the opportunity to consent to or opt out from receiving communications from us through email, text, and/or mobile push notifications or any other method as PMCL may provide. Standard text and calling rates will apply. You agree that texts, calls, or pre-recorded messages may be generated by automatic telephone dialling systems. For details on opting out of marketing material, kindly refer to the Privacy Notice accessible at available at Privacy Notice. You acknowledge that you are not required to consent to receive promotional texts, emails, or calls or any other communication as a condition of using the SIMOSA Platform.
5.6. When you use the SIMOSA Platform, you may grant certain permissions to PMCL for your device and/or accounts. Most mobile device platforms provide additional information regarding these permissions and how, if possible, to change your permission settings. By downloading, installing, or using the SIMOSA Platform, you agree to receive automatic software updates (as applicable).
5.7. You understand that the SIMOSA Platform is for your personal, non-commercial use and is intended for informational and/or entertainment purposes only; the Content and/or the Services available do not constitute legal, financial, professional, medical, or healthcare advice or diagnosis and cannot be used for such purposes.
5.8. Except as expressly licensed, we do not allow uses of the SIMOSA Platform, Content, Services or other PMCL or PMCL affiliate’s intellectual property that are commercial or business-related, including used in marketing or branding, or that advertise or offer to sell or promote products or Services (whether or not for profit), or that solicit others (including solicitations for contributions or donations).
5.9. You are responsible for maintaining the confidentiality of your user identification, password, account details and related private information. This is to ensure that your account and its related details are maintained securely at all times and all necessary steps are taken to prevent misuse of your account. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree and acknowledge that any use of the SIMOSA Platform and related services offered and/or any access to private information, data or communications using your account and password shall be deemed to be either performed by you or authorized by you as the case may be.
5.10. You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage the SIMOSA Platform or connected network, or interfere with any person or entity’s use or enjoyment of the SIMOSA Platform.
6. Payments
6.1. You may be required to provide personal information to PMCL and may be required to make payment(s) for certain Services through credit card, digital wallet, or other payment method accepted by PMCL (“Payment Method”) that you have selected.
6.2. You agree, understand and acknowledge that PMCL facilitates a third-party payment gateway for processing of payments. This facility is managed by a third-party payment gateway provider. For certain Payment Methods, you are required to follow all the terms and conditions of such third-party payment gateway provider which are referred to on the SIMOSA Platform and/or such third-party platform, if specified therein. You acknowledge, that you are additionally bound by the terms and conditions of the third-party payment gateway and/or such third-party platform as per the Payment Method used for the payment of the Subscription Fees.
6.3. You are responsible for the accuracy and authenticity of the payment information you provide including the bank account number/credit card details and any other information requested during the subscription process. You represent and warrant that you have the right to use any credit card or other payment information (including relating to any Payment Method) that you submit. You agree and acknowledge that PMCL shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental, or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.
6.4. Upon payment being received by PMCL through any of the Payment Method, PMCL shall make the relevant Service available to you through any of the approved modes of delivery that PMCL adopts.
6.5. The fees specified for each Service are inclusive of all applicable taxes. We will not be able to notify you of any changes in applicable taxes. You are responsible for all third-party internet access charges, bank charges and taxes not included within the fee in connection with your use of the SIMOSA Platform, which may differ based on your service provider. Please check with your internet provider, bank, Payment Method service provider for information for such charges.
7. Links to Third Party Site and Applications
7.1. The SIMOSA Application may contain links to other web sites/applications, whether in the form of a separate tab and/or facility within the Application or otherwise (“Linked Sites”). The Linked Sites may not be under the control of PMCL and PMCL is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site or any information transmitted on a Linked Site. The inclusion of any link does not imply endorsement by PMCL of the site or any association with its operators.
7.2. Any dealings with third parties (including advertisers) included within or available via the Linked Sites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. PMCL shall not be responsible or liable for any part of any such dealings or promotions.
7.3. You acknowledge and agree that the use of any Linked Sites is governed by the terms of use, license agreement, privacy policy, or other such agreement stipulated by the relevant offeror of each such Linked Site. PMCL disclaims any and all responsibility for any disclosure of information or any other practice of an offeror of a linked site. PMCL expressly disclaims any warranty with respect to your personal or other information that may be collected, processed, shared or retained by an offeror of a linked site.
7.4. PMCL reserves the right to suspend and/or remove any Linked Site or disable any content forming part thereof at its sole discretion without any prior notice to you.
8. Advertisements, Contests and Promotions
8.1. PMCL does not represent and warrant that advertisements of the products or Services on the SIMOSA Platform or the (third party) content made available / hosted on the third-party sites are true and correct. Accordingly, PMCL takes no responsibility over and expressly disclaims any liability arising out of, the advertisements or usage of such advertised products or services. Any dealings you have with advertisers due to your use of the products or services advertised on the SIMOSA Platform are between you and the advertiser, and you agree that PMCL is not liable for any loss or claim that you may have against an advertiser.
8.2. PMCL may notify additional terms and conditions (“Additional Terms and Conditions”), from time to time, in connection with your: (a) participation in any contest, game, or other promotion on the SIMOSA Platform conducted by PMCL and/or PMCL’s affiliates and/or any third party partner authorized by PMCL, and/or, (b) participation in any contest, or promotion, in connection with SIMOSA Platform integrated with a third-party website, service, application, platform, and/or, (c) viewing of certain Content. If such Additional Terms and Conditions conflict with these Terms or the Additional Terms, the provisions contained in the Additional Terms and Conditions will govern and control, to the extent of the inconsistency or conflict (as applicable).
9. No Warranty
9.1. The SIMOSA Platform and all information, materials, services and functions contained therein including, software programs, data, databases, texts, graphics, photographs, animations, audio, music, video, links or other materials are provided “as is” and “as available”. No warranty of any kind, implied, express or statutory including but not limited to any warranties of title, non-infringement of third party, merchantability, satisfactory quality, compatibility, error-free, reliable, fitness for a particular purpose and freedom from computer virus or other malicious, destructive or corrupting code, agent, program or macros, is given in conjunction with the SIMOSA Platform or service.
9.2. Without prejudice to the generality of the foregoing, PMCL, SIMOSA Platform and its affiliates does not warrant;
(a) the accuracy, timelines, adequacy or completeness of the information, material, services and/or functions provided through the SIMOSA Platform;
(b) that your use of and/or access to the SIMOSA Platform, service or any information or any materials provided through the SIMOSA Platform or the operation of the same will be uninterrupted, secure or free from errors or omissions or that any identified defect will be corrected; and
(c) that the SIMOSA Platform, service or any information or materials provided through the SIMOSA Platform will meet your requirements or are free from any virus or other malicious, destructive or corruption code, agent, program or macros.
9.3. In addition, PMCL, SIMOSA Platform and its affiliates makes no warranty regarding any applications, products or services that may be or which are purchased or obtained, or any transactions entered into, through SIMOSA Platform.
9.4. PMCL, SIMOSA Platform and its affiliates neither endorses nor assumes any responsibility for the contents of the User transmissions or communications through the SIMOSA Platform and/or Service and the user is solely responsible therefor.
10. Indemnity
10.1. You agree to defend, indemnify and hold harmless PMCL, its affiliates, officers, directors, employees and agents, from and against any and all claims, actions, proceedings, suits, settlements, penalties, fines, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fee(s) or any other legal fee(s)) arising from: (i) your use of and access to the SIMOSA Platform and/or Content and/or the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any publicity, privacy, or intellectual property right; (iv) your breach of any applicable laws; and/or (v) any unauthorized, improper, illegal or wrongful use of your account by any person, including a third party, whether or not authorized or permitted by you.
10.2. You agree to hold PMCL, SIMOSA Platform and its affiliates or any of its officers, representative, employees or agents responsible or liable, in contract, tort (including negligence or breach of statutory duty), equity or otherwise, for any such access or disclosure or for any damages, losses, expenses or costs(whether direct or indirect, or whether foreseeable or not) suffered or incurred by the user(s) as a result of any such access or disclosure.
10.3. You agree to cooperate fully in the defences of any allegations or third party legal proceedings. PMCL, SIMOSA Platform and its affiliates reserves the right to assume the exclusive control and defence of any indemnified matter under this clause.
11. Disclaimers and Limitation of
Liability
11.1. In no case shall PMCL, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the services or any content or material thereof or for any other claim related in any way to your access of or use of the PMCL products and/or services or any content or material thereof, including, but not limited to, any errors or omissions in any content or material, or any loss or damage of any kind incurred as a result of the use of the PMCL products and/or services or any content or material thereof, even if advised of their possibility. To the extent permitted under laws, PMCL’S monetary liability for the services or the content or material thereof on the SIMOSA platform shall be limited to the subscription fee paid. Where the laws do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, PMCL’S liability shall be limited to the extent permitted by law.
12. Termination of Service
12.1. PMCL reserves the right to immediately terminate, suspend, limit, or restrict your use of the PMCL Products and/or access to the SIMOSA Platform and/or Content and/or the Services at any time, without notice or liability to you or any other person, if you breach these Terms, violate any law, rule, or regulation, or engage in any inappropriate conduct in relation to the SIMOSA Platform including the Content and/or the Services.
12.2. Without limiting the above, PMCL may restrict or suspend your access to your SIMOSA Platform account for cause without notice to you, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if PMCL reasonably believes that your SIMOSA Platform account has been created fraudulently, or anyone uses your SIMOSA Platform account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto.
12.3. To the fullest extent permitted by law, you agree that PMCL and/or its affiliates will not be liable to you or to any third party for any such restriction, suspension or termination of your access to your SIMOSA Platform account and/or Content/Services.
12.4. Termination of these Terms for any reason shall not affect the user obligation to make full payment of any fees payable if such fee has not already been paid.
12.5. Upon termination of these Terms for any reason whatsoever, all rights and/or licenses granted to the user under these Terms shall immediately cease and terminate and the user shall forthwith cease the access and use of SIMOSA Platform and the Services in any way whatsoever.
13. Information or Complaints
13.1. If you have any questions about these Terms, the Privacy Notice, or your dealings with PMCL, or a question or a complaint about the SIMOSA Platform, the Content and/or the Services, you can contact customer support services by also providing us with your phone number used for accessing your SIMOSA Platform, as below:
WhatsApp Support: 0300-300-8000
Email: jazzworld@jazz.com.pk
14. Governing Law, Dispute Resolution and Limitaion of Liability
14.1. These Terms, including any dispute, controversy, proceeding, or claim of whatever nature which may arise out of or in connection with these Terms, are governed by the laws of Pakistan without regard to the conflict of laws principle, and are subject to the disclaimer of warranties and limitation of liability as set out herein.
14.2. You agree to these Terms on behalf of yourself and all members of your household and others who use the SIMOSA Platform under your account by using the SIMOSA Platform.
14.3. Without limiting the disclaimer of warranties and limitation of liability in these Terms: (i) in no event shall our or our licensors’ total liability to you for any and all damages arising out of or related to your use or inability to use the SIMOSA Platform exceed the amount of Pakistani Rupees One Thousand (PKR 1,000); and (ii) in no event shall our or our total liability to you for all damages arising from your use of the SIMOSA Platform, or information, materials or products included on or otherwise made available to you through the SIMOSA Platform, exceed the amount you paid to us over the past 01 month, in relation to your claim for damages.
15. Additional Provisions
15.1. If any provision of these Terms is or are held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.
15.2. PMCL reserves the right, at any time and from time to time, upon notification to you, to update, revise, supplement, and otherwise modify these Terms including the Privacy Notice and to impose new or additional rules, policies, terms, or conditions on your use of the SIMOSA Platform (“Additional Terms”).
15.3. Subject to PMCL complying with these requirements, your continued use of the SIMOSA Platform will be deemed to constitute your acceptance of any and all such Additional Terms. If you do not agree with any Additional Terms, you should cease using the SIMOSA Platform and cancel your subscription before the Additional Terms take effect. If you cancel your Subscription for this reason, the cancellation will take effect on the expiry of the current subscription.
15.4. Any Additional Terms will not apply to any dispute between PMCL and you arising prior to the date on which such Additional Terms became effective.
15.5. The provisions of these Terms, other than the obligations on PMCL to provide you with access to the SIMOSA Platform the Content or the Services will survive the termination of these Terms.
15.6. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and PMCL.
15.7. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without PMCL’s express prior written consent. PMCL may assign, transfer or sublicense any or all of its rights or obligations under these Terms to any person or entity at any time.
15.8. No waiver by you or PMCL of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
15.9. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision.
15.10. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
15.11. Notices to you (including notices of changes to these Terms) may be made via posting to the SIMOSA Platform or by issuing e-mail or messages to your designated phone number (example: SMS), push notifications, in-app notifications (including in each case via links), or by regular post.
15.12. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
15.13. These Terms and the Privacy Notice constitute the entire agreement between you and PMCL governing your use of the SIMOSA Platform, superseding any prior agreements between you and PMCL regarding such use. Further, your acceptance of these Terms constitutes a valid and binding agreement between you and PMCL. Should these Terms require to be stamped under any applicable stamp duty laws, you should bear such stamp duty payable and comply with relevant stamping obligations and PMCL shall not be responsible for such stamp duty payments.
Last updated: 21-03-24
Get the ultimate maestro app for all your needs.
