Terms and Conditions
Last Updated: 21 Apr. 2025
- Introduction
- This website, https://acumensites.com/ (hereinafter and throughout this website referred to as “Website” and “Site”), is owned and operated by Acumen Technologies (SMC-PVT.) Limited (hereinafter referred to as “we,” “us,” “our,” or “Company”).
- Our registered office and principal place of business is located at House No. 315/28, Opp. Usmania Mosque, Nishat Colony, Jail Road, Bahawalpur, Punjab, Pakistan.
- By accessing and using this Website, including all information, tools, products, and services available herein, you (the "User") agree to comply with and be bound by these terms and conditions (“Terms and Conditions”).
- The Company and the User shall each be referred to as a ‘Party’ and collectively as the ‘Parties’.
- Applicability
- By visiting our Site and/or purchasing services, tools, or products from us, you engage in our “Service” and agree to be bound by these Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
- These Terms and Conditions apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
- In consideration of your use of our Website, services, tools, and products, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services, tools, or products under the laws of the Islamic Republic of Pakistan or other applicable jurisdiction.
- Terms of Usage
- You are strictly prohibited from using this Website or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state laws, regulations and rules;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or interfere with or circumvent the security features of our service, any related website, other websites, or the internet;
- to collect or track the personal information of others or spam, phish, pharm, pretext, spider, crawl, or scrape; or
- for any obscene, immoral, or fraudulent activities.
- We reserve the right to terminate your access to our Website and services if you violate any of these prohibited uses.
- You are strictly prohibited from using this Website or its content:
- Intellectual Property
- This Website, including its software, content, images, and designs, is the exclusive intellectual property of Acumen Technologies (SMC-PVT.) Limited.
- The structure, organization, and code of the Website and its related software contain valuable trade secrets and confidential information. Except as expressly stated herein, these Terms and Conditions do not grant you any intellectual property rights whatsoever in the Website and its related software, and all rights are reserved by Acumen Technologies (SMC-PVT.) Limited.
- Indemnity and Limitation of Liability
- You agree to indemnify us, defend and hold us harmless and 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 and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- Neither we nor any third party provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
- To the extent permitted by law, we also disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
- We reserve the right to not process or cancel an order that you place on our Website or with us through other means. This is usually for the following reasons:
- We no longer hold stock of the services or products that you ordered from us.
- We are unable to deliver services or products to you due no communication from you.
- The services or products that you have ordered are no longer available due to any reason.
- Any reason outside of our control.
- Termination
- We may change or terminate your access to our products, services and this Website, or any online membership(s) with us, with or without notice, at any time, without liability to you, any other user or any third party.
- We reserve the right to terminate your access if, without limitation, you have:
- provided us with false or misleading registration information;
- interfered with other users or the administration of our services or websites;
- upon a request by law enforcement or other governmental authorities; or
- otherwise violated these Terms and Conditions.
- Force Majeure
- Neither the Company nor the User shall be liable for any delay or failure to perform its obligations under these Terms and Conditions if such failure or delay is directly caused by circumstances beyond its reasonable control, including but not limited to acts of God, wars, riots, strikes, accidents, explosions, fires, shortages of labor or materials, labor disputes, government restrictions, equipment failures, acts of terrorism, epidemics, pandemics, cyber-attacks, regulatory changes, or any other unforeseen circumstances beyond the reasonable control of the affected Party (each, a “Force Majeure Event“).
- If a Party is affected by a Force Majeure Event, it shall:
- Promptly notify the other Party in writing upon the occurrence of a Force Majeure Event.
- Take all reasonable steps to mitigate its impact and resume performance as soon as practicable.
- If a Force Majeure Event continues uninterrupted for thirty (30) consecutive days, the non-affected Party may terminate these Terms and Conditions by providing fourteen (14) days’ written notice to the affected Party.
- Modifications to these Terms and Conditions
These Terms and Conditions are effective as of March 25, 2025, and will remain in effect unless modified. Any future changes will take effect immediately upon being posted on this page. We reserve the right to update these Terms and Conditions at any time without any notice. Users are encouraged to review these Terms and Conditions periodically, as continued use of our services after updates implies acceptance of the revised Terms and Conditions.
- Arbitration
The Parties shall attempt in good faith to resolve any controversy or claim through senior level of management. If they are unable to do so within one (1) month, and regardless of the cause of action alleged, any dispute which is not resolved shall be referred to arbitration by a sole arbitrator appointed by mutual agreement of the Parties under the Pakistan Arbitration Act, 1940 as amended and failing such mutual agreement the arbitrator shall be appointed by the Court. Thereafter, the arbitral award shall be binding on the Parties. Each Party shall bear its own attorney’s fees and costs related to the arbitration. The arbitration shall take place in Bahawalpur, Pakistan, and the language of the proceedings shall be English or Urdu.
- Trademark
The User shall not, without the prior written consent of the Company, use the Company’s name, trademarks, logos, or any other brand identifiers, whether registered or not, in any advertising, marketing, or public communications, in any format (verbal, visual, or written).
- Relationship Between The Parties
- The relationship between the Parties is one of independent entities and nothing contained in these Terms and Conditions shall be construed as constituting or establishing joint venture or relationship of principal and agent between the Parties.
- The Parties will have no authority to make statements, representations or commitments of any kind or take any other action binding the other Parties, except as specifically provided in these Terms and Conditions.
- Entire Understanding
These Terms and Conditions constitute the entire understanding between the Parties and supersede all prior communications, proposals, understandings, and agreements, whether written or oral, related to the subject matter herein.
- Governing Law and Disputes
- These Terms and Conditions are governed by the laws of the Islamic Republic of Pakistan.
- Subject to the arbitration provisions above, in relation to any legal action or proceedings arising out of or in connection with these Terms and Conditions, each Party irrevocably submits to the civil jurisdiction of the competent courts of law at Bahawalpur, Pakistan.
- Severability
If a court of competent jurisdiction declares any provision in these Terms and Conditions invalid or unenforceable, such invalidity or unenforceability shall have no effect on the remainder of the Terms and Conditions which shall remain in full force and the invalid provision will subsequently be declared to be severed from these Terms and Conditions. If such invalidity or unlawfulness becomes known or apparent to either Party, then both Parties agree to negotiate promptly in good faith in an attempt to make appropriate changes and adjustments to achieve as closely as possible, consistent with applicable law, the intent and spirit of such invalid or unlawful provision.
- Assignments and Transfers
The Parties acknowledge that they may be consolidated or amalgamated with, merged with or into, or acquired. Only in the event of such consolidation, amalgamation, merger or acquisition, the Parties shall be entitled to assign, novate, delegate, sub-contract, outsource, transfer, charge or otherwise dispose of all or any of its rights and responsibilities under these Terms and Conditions to the resulting entity or acquiring institution at any time without the prior consent of Parties.
For any questions regarding these Terms and Conditions, please contact us at info@acumensites.com.
