I.These terms and conditions (the “Conditions”) form a legally binding contract (the “Agreement”) between Pavo Technologies PVT Ltd and the client (each as defined below). This Agreement will become effective when a Client creates an account on any Platforms provided by Pavo Technologies.
II.An account holder can not hold or make a Operative Account without accepting and agreeing to be bound by these terms and conditions. These Conditions will apply in addition to the general Terms and Conditions for using or creating a Operative Account with Pavo Technologies.
I.All use of Pavo Technologies’ services and products, and the terms of access and usage of any Pavo Technologies Platform are dependent to the terms and conditions intimated here after. Access to or use of any Pavo Technologies services or products by any Paavo Technologies Platform confirms the Client’s acceptance of, and agreement to abide and be bound by, these Conditions whether or not clearly being accepted. The Client, by creating a Operative Account, signing for any services or moreover using or availing any services or products from any Pavo Technologies Platform, shall be considered to have read, understood and accepted to be held accountable to these terms and Conditions.
II.Pavo Technologies may refurbish or make changes to these Conditions at any given time without prior notice by posting the renovated terms and conditions on its website or by updating the terms of its mobile application or other Pavo Technologies’ Platforms. Such revised or updated terms and conditions shall become effective at the time they are published or uploaded on the Pavo Technologies’ Platform, brought into notice that failure to receive such notifications shall not invalidate any such changes and would still render them applicable.
III.The Client is to be required to accept the revised or renovated terms and conditions in order to continue to use any services or products from Pavo Technologies.
IV.If the Client does not accept or agree to be bound by these Conditions, Pavo Technologies is to be entitled to:
(i) immediately terminate this Agreement,
(ii)Stop or suspend providing the Client further services,
(iii) deny the Client the access to the Pavo Technologies Platform; and/or
(iv) exercise any other remedy it may consider meaningful to the situation. Such termination of this Agreement, discontinuation or suspension of any services or denial of access shall be without prejudice to all rights, titles and interests of Pavo Technologies which have arisen or accrued against the Client prior to such action.
In this Agreement, the following capitalized terms shall have the meanings given to them as under (unless the context states otherwise);
I.“Applicable Laws” means all statutes, ordinances, regulations, rules or orders of any kind whatsoever of any Governmental or regulatory authority that may be in effect from time to time and applicable to the relevant activities contemplated by this Agreement.
II.“Payment Payment due date” means that the date on which any amount of funds, including any, markup charges or other charges, costs, fees, processing fees and expenses, become due and payable by the Client to Pavo Technologies.
III.“Finances” means any form of Finances permitted to be furnished by Pavo Technologies in accordance with the terms of its license and the terms of any Applicable Laws, which may from time to time be made available by Pavo Technologies wide a Pavo Technologies Platform on such terms and amounts shall be determined by Pavo Technologies in its complete discretion after a Client makes a formal application.
IV.“Pavo Technologies” is the business or trade name used by “Pavo Technologies Pvt Ltd, a non-banking Finances company duly licensed by the Securities and Exchange Commission of Pakistan as an investment Finances company.
V.“Pavo Technologies Platform” means the website, web portal, mobile application or any other platform through which Pavo Technologies may cater Finances or its Services to it Clients.
VI.“General Terms and Conditions” means the terms and conditions for creating, maintaining and using a Operative Account with Pavo Technologies, such terms and conditions may be renovated or changed by Pavo Technologies from time to time at their discretion.
VII.“Intellectual Property” means patents including reissues, divisions, continuations, extensions, utility models, registered and unregistered designs, copyrights, database rights, registered and unregistered trademarks, trade names and any other form of protection afforded by law to inventions, marks, models, designs, software, goodwill, trade secrets or information including technical or confidential information, in any form, and applications thereof, and shall include without bounds, any inventions, discoveries, formulas, know-how, processes, business methods, patents including reissues, divisions, continuations and extensions thereof, utility models, registered and unregistered designs, copyrights, database rights, registered and unregistered service marks, trademarks, trade names and any other form of protection afforded by law to inventions, marks, models, designs, software, source codes, software code regardless of its form, Client documentation, technical documentation, data, carriers of data and/or software, plans, goodwill, trade secrets or information including technical or unearthed private information, in any form, improvements and/or applications, and deprecated or future versions thereof.
VIII.“Operative Account” means the account maintained by the Client with Pavo Technologies for the purposes of availing any Finances or Services from Pavo Technologies.
IX.“Client” means any person who has registered and maintains an active Operative Account vide any Pavo Technologies Platform (also referred to as “customer” or “you”).
X.“Services” means any services availed by a Client from Pavo Technologies other than the provision of any Finances.
XI.“Pavo Technologies” and the “Client” shall together be referred to as the "Parties" and where the context requires individually as a "Party".
I.Subject to your compliance with this Agreement, Pavo Technologies grants the Client a restricted, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Pavo Technologies Platform on its personal device solely in connection with requesting or availing any Finances or Services; and (ii) access and use any content, information and related materials that may be made available through the Pavo Technologies Platform, in each case solely for the Client’s personal, non-commercial use.
II.Any rights not willingly granted herein are reserved by Pavo Technologies and Pavo Technologies’ licensors.
III.The Client hereby confirms, agrees and acknowledges that all Intellectual Property rights in the Pavo Technologies Platform, including know-how, software, source-code, information technology tools, artificial intelligence, and other technology used by Pavo Technologies has been developed exclusively for Pavo Technologies, its sponsors or affiliated companies or licensors. All rights in such Pavo Technologies Platforms are expressly reserved.
IV.The Client hereby unconditionally and without reservation confirms that all rights, interests, titles and benefits in and to any Intellectual Property which is developed by or for Pavo Technologies relating to the Pavo Technologies Platform, is the sole and exclusive property of the Pavo Technologies, its affiliates, sponsors or licensors, who are and shall remain, the sole legal and beneficial owner of such Intellectual Property. The Client shall have no rights to such Intellectual Property other than as a licensee with limited rights of use in accordance with these Conditions as permitted by Pavo Technologies.
V.The Client may not access, copy, reverse engineer, modify or otherwise seek to replicate /copy or utilize any Pavo Technologies Platform for any reasoning other than to avail any Finances or other Services in accordance with these Terms. A Client may not access any Pavo Technologies software in source-code form failure to do so will lead to severe Legal consequences.
I.In order to avail any Finances or Services, or otherwise use any product of the Pavo Technologies Platform, the Client must be at least at the age of twenty-one (21) years old.
II.The Client agrees to furnish, and to maintain at all times, accurate, complete, and up-to-date information when creating a Operative Account and to ensure that the Client’s account remains active. A Client’s failure to maintain accurate, complete, and up-to-date Client information may result in such Client’s account being de-activated, suspended or terminated without prior notice. Pavo Technologies shall be entitled to immediately terminate this Agreement with a Client if it finds the Client’s account information to be incorrect, incomplete or outdated.
III.The Client agrees that it shall at all times be responsible to maintain the security and secrecy of the Client’s account ,username and password. The Client agrees and understands that it is responsible for all activity that occurs from/by the Client’s account, even as a result of loss, damage or theft of the device through which the Client uses the Pavo Technologies Platform.
IV.The Client agrees that Pavo Technologies may disclose details relating to the Finances or any other Services availed by the Client to any of its affiliates, business partners, employees, shareholders, agents, consultants, to any third party including credit bureaus, Official or governmental authorities, if in Pavo Technologies’ opinion such disclosure is deemed to be necessary for reasons of investigating an application made to Pavo Technologies, such third Party or maintaining the Operative Account with Pavo Technologies or in good faith belief that such disclosure is reasonably necessary to enforce this Agreement / Privacy Policy, to further assist in the prevention, detection, investigation and prosecution of criminal activities such as fraudulent a acts or for any other reasoning as Pavo Technologies may deem rightful and necessary.
V.The Client accepts that Pavo Technologies may disclose details relating to Pavo Technologies including details of default/breach in providing the Operative Account to any third party including credit bureaus for the reasoning of evaluating the Client's credit worthiness/history or for any other lawful reasoning. The Client hereby expressly consents and allows Pavo Technologies to share personal data and file credit information to licensed credit bureaus, insurance companies, mobile financial service providers/banks and other partner companies of Pavo Technologies.
I.Pavo Technologies may refuse/reject to cater any applications submitted by a Client requesting the provision of any Finances including any roll-over of existing Finances availed by a Client or other Services without stating any reason. Nothing hereafter shall entitle or be deemed to allow the Client of any right, title or interest in or to any Finances or Services.
II.Pavo Technologies makes no representation and provides no surety to any Client regarding the continued availability of any Finances or Services provided by Pavo Technologies. All representations, warranties and other obligations and liabilities, whether express or implied, and whether arising under law, equity, statute or any other legal doctrine, in connection with the provision of any Finances or Services under these Conditions are hereby excluded and disregarded to the complete/full extent permitted by law.
I.The Client represents, warrants, undertakes and covenants with Pavo Technologies that it shall repay on time, on or no later than the Payment due date, all amounts of funds due and payable by such Client to Pavo Technologies in connection with any Finances or Services catered by Pavo Technologies, or the use of the Pavo Technologies Platform at any given time.
II.With respect to a Client’s use of the Pavo Technologies Platform and availing any Finances or Services, the Client agrees, accepts and undertakes that it will not:
(i) Impersonate any person or entity;
(ii) Stalk, threaten, or otherwise harass any personality including other Clients making simultaneous use of the Service or engage in any other activity which may constitute a crime under the Prevention of Electronic Crimes Act, 2016 and will be prosecuted accordingly with severe consequences;
(iii) Violation of any law, statute, rule, permit, ordinance or regulation in Pakistan;
(iv) interfere with or disrupt the Services of the Pavo Technologies Platform or the servers or networks connected to the Pavo Technologies Platform by any means;
(v) post information or interact on the Pavo Technologies Platform with regard to any Finances or Services offered by Pavo Technologies in a manner which is false, inaccurate, misleading directly or indirectly or failure to update information, defamatory, libelous, abusive, obscene, profane, offensive, harassing, or illegal in event of such event statutory action would be applicable on it;
(vi) Use the Pavo Technologies Platform for any sort of illegal activity, including money laundering, financing terrorist organisations or any other criminal or immoral activity;
(vii) Undertakes that any act which in any way infringes any of Pavo Technologies’ rights, including but not restricted to intellectual property rights, copyright, patent, trademark, trade secret, other proprietary rights, rights of publicity or privacy;
(viii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy, limit the functionality of any computer software , hardware, telecommunications equipment , surreptitiously intercept or expropriate any system, data or personal information;
(ix) forgery of headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Pavo Technologies Platform;
(x) “frame” or “mirror” any part of the Pavo Technologies Platform, without our prior written authorization or use meta tags , code or other devices containing any reference to us in order to direct any person to any other web site for any reasoning whatsoever;
(xi) modify, adapt, translate, reverse engineer, decipher, decompile, change, alter, renovate, refurbish or otherwise disassemble any portion of the Pavo Technologies Platform or any software used on or for the Pavo Technologies Platform;
(xii) rent, lease, lend, sell, redistribute, license or sublicense the Pavo Technologies Platform or access to any portion of the Pavo Technologies Platform;
(xiii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Pavo Technologies platforms or its contents;
(xiv) link directly or indirectly to any other web sites
(xv) transfer or sell your Operative Account, password and/or identification to any other party, client or consumers;
(xvi) cause any third party to engage in the restricted activities above directly, indirectly, deliberately or in deliberately
I.The Client accepts to pay any and all amounts of funds, including fees, costs, charges, expenses, penalties or processing fees charged by Pavo Technologies in consideration for catering any Financial or other Services. A general schedule of charges is set out on the mobile application and other Pavo Technologies Platforms for further reference of the client.
II.The Client hereby confirms that it has considered the charges, and other fees of Pavo Technologies as specified in these Conditions and fully understands that failure to reimburse any amounts on their Payment due date shall result in additional charges, costs & fees to be incurred And payable by the client. Failure to do so would lead to a breach/default.
III.In attachment to any other charges furnished to a Client by Pavo Technologies or as set out on the mobile application and other Pavo Technologies Platforms, the charges payable by a Client in connection to any Finances availed shall include:
•Markup charges on any payable arrears or rolled over Finances balance;
•Commitment fees, administrative processing fees, appraisal fees and other costs and charges related to the provision of any Finances;
•Processing fee payable in relation to any supplementary Services availed by a Client;
•In the event of default, all other costs, fees, charges and expenses bared by Pavo Technologies in relevance with the recovery of any amounts not paid on their Payment due date are to be recovered from the Client.
IV.The charges payable by a specific Client for availing any Finances or Services shall be furnished to the Client via the Pavo Technologies Platform at the time of the Finances or Services being offered to or availed by a Client.
V.The charges payable to Pavo Technologies shall be intimated to the Client via display on the screen of the Pavo Technologies Platform after the Client selects the type of Finances requested. Such charges shall be determined by Pavo Technologies on the basis of individual risk profile, credit bureau scores, tenor and the amount of the Finances requested, against an application by a Client requesting provision of Finances or Services.
VI.All payments to be made by the Client to Pavo Technologies under this Agreement shall be made in full without any set-off/discount or counter claim, free and clear of and without any deduction or withholding whatsoever. If a Client at any time is required under Applicable Laws to make any deduction or withholding from any payment to Pavo Technologies, such Client shall immediately pay Pavo Technologies the said additional amounts as will result in Pavo Technologies receiving the full amount it would have received had no such deduction or withholding been required.
VII.All payments to be made by a Client in connection with these Conditions are calculated without regard to any taxes in relation with the repayment of any Finances or the provision of any Services. If any taxes are applicable in connection with repayment of any Finances funds or the provision of any Services to a Client, such Client must be liable to pay Pavo Technologies such additional amount on account of the necessary applicable taxes to enable Pavo Technologies to pay such taxes to the relevant tax authorities.
VIII.The Client hereby undertakes and agrees/acknowledges that Pavo Technologies may at any time have the right to block/freeze any amounts held in a Client’s Operative Account on the instructions/orders of any tax, governmental or regulatory authority, in such an event Pavo Technologies has reasonable grounds/right to believe that it must block or freeze such funds to comply with Applicable Laws, or if Pavo Technologies considers that failure to block such amounts in a Client’s Operative Account will result in Pavo Technologies incurring any potential legal liability.
I.In the event of a
(i) payment default by the Client; or
(ii) in reasonable circumstances, such as any other material breach by you of any of these terms, or your failure to comply with or warrant compliance with any terms of notice given to you by Pavo Technologies, Pavo Technologies reserves the right to cancel in full without notice. of funds provided to such Customer and requiring immediate and full repayment of any unpaid amounts owed by Customer to Pavo Technologies under its operational account; Fees, charges, costs and fees are due immediately and failure to comply will result in severe legal action against the customer.
II.The Client shall also be held liable to pay all applicable reasonable costs, charges, attorney’s fees and expenses incurred by Pavo Technologies in full in regard to enforcing its legal rights and the terms and conditions of this Agreement in process of recovering the funds from a defaulted Client.
III.Without prejudice to the aforesaid, failure from the Client to comply with these Conditions shall entitle Pavo Technologies to take any one of more of the following actions:
•Immediate, temporary or permanent withdrawal, suspension or termination of the Client’s rights to use/access the Pavo Technologies Platform;
•Initiation of legal proceedings against the Client, including proceedings for recovery and reimbursement of all costs including, but not restricted to, reasonable administrative and legal costs resulting from the breach/default;
•Disclosure of such information to law enforcement authorities as Pavo Technologies deems necessary for the protection, enforcement and recovery of its legal rights and finances payable.
IV.During the occurrence and duration of any default by Customer, Pavo Technologies may, at any time and without notice to Customer, irrevocably and unconditionally. Unpaid amounts payable to the maximum extent permitted by law. It is approved by the customer to collect by automatically issuing the amount of Debit instructions from one or more mobile wallet accounts held by Pavo Technologies, its affiliates, or affiliated banks. without the need for further direction, approval or authorization from you;
I.You will at all times indemnify and hold Pavo Technologies, its affiliates, partners, directors, employees and agents harmless from and against any and all claims, claims, demands, liabilities, losses, damages, costs, charges and expenses of any kind. I agree with you. All legal fees and expenses arising out of or relating to your use of the Pavo Technologies Platform, including Pavo Technologies shall be accessible to obtain payment of all monies due from you.
II.The indemnity herein shall remain valid, subsisting and binding upon the Client notwithstanding termination of this Agreement, and for a period of Three (3) years following such termination.
I.Each Client shall be granted an Operative Account wherein all transactions relating to the Client, including the provision of Finances or any other Services availed by the Client shall be maintained by Pavo technologies.
II.Pavo Technologies shall maintain an account statement and an activity report for a Client’s Operative Account, which statement and report will be accessible from the Client’s Pavo Technologies’ Platform. The statement of account shall contain details of the transactions carried out in a Client’s Operative Account up to a maximum limit to be determined and set by Pavo Technologies.
III.Clients are responsible for checking their Operative Account statements from time to time and to bring into attention of Pavo Technologies immediately in case of any transaction or other entry therein incorrectly entered or any transaction has been carried out contrary to the Client’s instructions if failure to do so within 15 Days of the occurrence of the incorrect transaction the redemption or correction would solely be under the discretion of Pavo Technologies if it wills to correct or disregard it.
IV.Pavo Technologies is hereby expressly authorized to correct any errors, omissions or other discrepancies in a Client’s Operative Account statement from time to time as per its discretion which a Client will be intimated of in case any corrections or rectifications are made by Pavo Technologies to its Operative Account statement as soon as reasonably practical.
V.Clients will be notified periodically based on the mode chosen by Clients of all transactions made in their Operative Accounts in accordance with the notification provisions set out in these Conditions, and the Client shall be responsible for payment of all charges in connection with such value-added or supplementary Services if any are incurred.
VI.Save for a manifest error, an Operative Account statement maintained and issued by Pavo Technologies shall be conclusive and deemed to be final and complete evidence of all transactions carried out a Client through its Operative Account.
I.In no event will Pavo Technologies and/or any of its agents, employees, officers, parent company, affiliates, subsidiaries, successors, assigns, directors, and/or attorneys be liable to the Client for lost profits and/or punitive or exemplary incidental consequential, special and/or damages in any action arising out of , related to:
(i) this Agreement;
(ii) the rights granted hereunder;
(iii) any breach, termination, cancellation or non-renewal hereof;
(iv) the provision of any Finances or Services to the Client or its business; and/or
(v) any act, omission, error, mistake and/or other negligence of Pavo Technologies.
II.The maximum amount of liability which Pavo Technologies shall have towards any Client shall be limited to the fees, processing fees or other administrative and appraisal charges paid by the Client to Pavo Technologies. In any event, such liability shall not exceed the sum of PKR 5,000/= in aggregate in respect of a Client. Pavo Technologies shall not be liable/held responsible for any damages caused by failure or delay in providing any Finances or Services, or any periodic or recurring interruption of the same.
III.Without restricting the foregoing, neither Pavo Technologies nor any of its affiliations makes any representation or warranty of any kind, express or implied:
(i) as to the continued operations or availability of the Finances or Service, or the information, content, and materials or products included thereon;
(ii) that the Pavo Technologies Platform, or any Finances or Services offered thereunder, will be available uninterrupted or error-free;
(iii) as to the accuracy, reliability, or currency of any information or content provided through Pavo Technologies Platform;
(iv) that the Pavo Technologies Platform, its servers, the content, or e-mails sent from or on behalf of Pavo Technologies shall be free of viruses, scripts, trojan horses, worms, malware, time-bombs or other harmful components.
I.Pavo Technologies may at any time and without notice terminate / suspend this Agreement, cancel any of the Client’s right to utilize Pavo Technologies Platform, or to continue to avail any Finances or Services, entirely or partly with or without affecting the Client's obligations under this Agreement.
II.The Client may terminate this Agreement at any time by deleting its Operative Account and removing the Pavo Technologies Platform from its devices.
III.Any termination of this Agreement shall be without prejudice to any liabilities or obligations incurred by the Client prior to the date of termination. Termination by either the Client or Pavo Technologies shall not affect the Client's obligations to meet and fulfill any liabilities incurred before such termination and shall be payable to Pavo technologies regardless of the termination.
IV.Termination of this Agreement by you will not be effective unless you repay the full amount of all funds owed by you and any other fees, costs, charges or other amounts owed to Pavo Technologies at the time of termination and cancellation. Shall not. Effective until all outstanding debts under these terms are paid by you to her Pavo Technologies. These terms will continue to apply until you repay any amounts owed upon termination.
I.This Agreement shall be governed by and construed in all respects under the laws of Islamic Republic of Pakistan.
II.Any dispute, controversy, disagreement, disagreement or question that may arise between the parties, including the interpretation of the rights and obligations of either party, shall be governed by the Arbitration Act 1940 and all applicable rules under it shall be resolved by arbitration conducted in accordance with the rules of Arbitration shall be conducted by a single arbitrator as determined by agreement between the parties. The place of arbitration shall be Islamabad, Pakistan, or such other city within Pakistan as Pavo Technologies deems appropriate. The decision of such arbitrator shall be final and binding on both parties.
III.In case of any dispute, the Client must first submit any such complaints directly to the customer services department, contact details of which are available on the Pavo Technologies website or the Pavo Technologies Platform.
IV.Neither Party shall be entitled to commence or maintain an action in a court of law upon any matter in dispute until such matter shall have been submitted and determined as herein before provided and then only for the enforcement of the arbitration award or such matter as is permitted by law.
I.The Client may not assign or otherwise dispose of any of the Client's rights and obligations, in whole or in part, under this Agreement without Pavo Technologies’ prior approval. Pavo Technologies may transfer or assign its rights and obligations under this Agreement and such transfer or assignment shall be effective upon notification of the same to the Client.
II.Nothing herein shall create any joint venture, partnership, employment or agency relationship between any Client and Pavo Technologies.
III.If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement and shall be deleted, while the remainder of this Agreement’s legality, validity and enforceability of the other provisions shall remain in full force and effect according to its terms.
I.All communications to Customers under these Terms will be made via the short message system (SMS). A mobile phone number provided by you, or prepaid mail to your last known address, each waives Pavo Technologies' notice obligations under this Agreement. Further, any changes to these Terms or General Terms shall be deemed notified to Customer when updated on the Pavo Technologies Platform or on his website.
II.The Client shall regularly update their address in the profile page of the Pavo Technologies Mobile App or get it updated by calling the Pavo Technologies Customer Support Center.