Marketplace

Section A: Market Place

The Terms and Conditions (T&Cs) for using Marketplace are given in this section. The Customer must read these carefully and accept before purchasing any item/service/policy featured on the Marketplace in SimSim.

Limitation of Liability

Limitation of Liability: SimSim hereby limits all liabilities for any transaction by the Customer, investors or subscribers at the Marketplace of SimSim. All services, products or investment at the Marketplace of SimSim are offered through independent entities and role of the SimSim is only confined to provide payment-processing services for the Marketplace. SimSim holds no responsibility for any services, products or investment options provided under the Marketplace of SimSim. SimSim shall not (at any time) be held liable or responsible to any Customers, investors or subscribers for any consequential, special or indirect losses or damages, including but not limited to loss of business, revenue or profits or anticipated profits, losses or damages arising out of claims from Customers, investors or subscribers use of the services, products or investments provided through the Marketplace howsoever arising and whether under contract, tort or otherwise (including without limitation third party claims, loss of profits, loss of revenue or damage to reputation or goodwill etc.).

Electronic Communication

Customer will consent to receive communications from SimSim, such as e-mails, texts, mobile push notifications, and copies of these communications will be retained in the SimSim wallet for Customer records.

Copyright

All content included in or made available through SimSim Marketplace, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is either exclusive or joint property of FMBL and FINJA, or the entities who supply this its content and the same is protected by Pakistan's and international trademark and copyright laws.

User Privacy and Confidentiality

FMBL and its technology vendor FINJA understand that Customer information is private and confidential. Therefore, Customer's purchase history will be kept private and will not be used by FMBL, FINJA or shared with/sold to any third parties in any way. Customer trust is valued and great care is taken to ensure customer data is protected via multiple encryption layers and is visible only to the Customer.

Customer Information and Usability

Information given by Customer: Various types of information is collected when Customers place an order on the SimSim Marketplace. Information is collected, stored and processed, solely for processing the purchase and any possible claims later. Personal information including, but not limited to, Customer title, name, gender, date of birth, email address, postal address, delivery address (if different), telephone number, mobile number, fax number, payment details, will be collected.
Use of Information: This information will be used to process orders and to provide the services and information offered through SimSim requested by the Customer. Further, this information provided by the Customer will be used to maintain records, improve the user interface of SimSim Marketplace and customize it for users, carry out research on users' demographics, send information Customer may find useful or which has been requested, including information about our products and services, provided Customer has indicated that he/shedoes not object to being contacted for these purposes.
Promotional Offers and Feedback: Subject to obtaining Customer consent, contact will be by email with details of products and services. The Customer can choose to opt out of receiving marketing communications from SimSim. The Customer can be sent periodic emails of satisfaction surveys as well.
Third Party Service Providers: Customer name and address is passed on to a third party in order to make the delivery of the product (for example a courier or supplier). Customer must only submit the information which is accurate, updated and not misleading. Customer details are stored by SimSim but cannot be retrieved directly by anyone. However, the Customer can add or update the information as required.

Customer Privacy: Appropriate technical and security measures to prevent unauthorized, or unlawful access to, or accidental loss of, or destruction or damage to, Customer information are in place. Information is collected on secure servers. SimSim security procedures may occasionally request proof of identity of Customer before personal information is disclosed. The Customer is responsible for protecting unauthorized access to his/her SimSim wallet.

Risk of Loss

All purchases of physical items from the SimSim Marketplace are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to the Customer upon delivery to the carrier. The Customer is also responsible for ensuring the product is undamaged in case he/she wants to return it.

Product Descriptions

SimSim attempts to be as accurate as possible. However, SimSim does not warrant that product descriptions or other content of any Marketplace product/service is accurate, complete, reliable, current, or error-free, neither SimSim assumes any liability for any difference in the product description and the actual product.

Shipping Rates and Policies

Shipping and delivery is the sole responsibility of the Merchant and neither FMBL nor FINJA is responsible for the delivery or return of the product. The final price paid from the SimSim wallet will include shipping and delivery charges as determined by the Merchant, based on the Customer's location. The Customer should be aware that merchants might be able to make changes to an order if they have not yet shipped it, but some merchants begin processing orders almost as soon as they are placed. If the Customer wants to change or cancel order, he/she should contact the SimSim helpline 042-111-111-562 immediately, assuch requests will not be processed after 24 hours of placing order. SimSim team will take up the matter with concern vendor if the request received within 24 hours. The decision of reversal or cancelation order will be on the discretion of vendor/merchant.SimSim itself cannot cancel or change an order on the Customer's behalf and will not refund for shipping charges.

Pricing

"List Price" means the price of a product at which an item is offered for sale by a manufacturer, supplier, or seller exclusive of shipping/freight/transportation/delivery charges but which may or may not include the applicable taxes. On purchase, the total amount payable by the customer (list Price plus tax plus freight/transportation charges) will be shown to the customer. The shipping process will start on payment of the total amount by the customer. Please note that dollar price conversion for product on the SIMSIM application is based on the date of the product, the day it was bought by the manufacturer, supplier or seller.

Disputes

The Customer can submit disputes/complaints from within SimSim. If he/she wishes, an email can be sent directly to callcenter@finca.org.pkor a call be placed to 042-111-111-562. The comments will be considered carefully and a response will be given in 10 business days. Customer's complaint will be fully resolved within 15 business days of date of receipt.

1.1.1. The Customer can raise a dispute/complaint within 30 days of submitting payment. Any dispute or claim relating in any way to the use of any products or services sold or distributed by SimSim will be resolved by referring to the Merchant Agreement. The dispute,if any will be handled by the merchant/seller as per its customer complaint policy and will be between the merchant/seller and the customer. The laws of Pakistan will govern the dispute between the merchant /seller and the customer. SimSim in no event will be liable to refund or return any amount.

1.1.2. In case a complaint is received when FED is deposited to concerned authorities, the Customer will bear the FED charges. In case a complaint is received when FED is with the bank, same will be refunded to the Customer.

1.1.3. Cases of Dispute

The item was materially different: Customer should wait 14 business days for the delivery of tangible items or services before filing a complaint. However, a complaint needs to be submitted within 30 days of making payment. If a merchant has clearly misrepresented the condition or details of an item in a way that affects its value or utility, it is "materially different" and that merchant should be willing to offer a refund or exchange within 30 days of shipment. If the merchant does not accept the return of an item that is made in accordance with the Merchant's Return Policy in the Merchant Agreement, the Customer may qualify for a refund.
Items are considered "materially different" in these circumstances:
1. Wrong version
2. Item condition or details not as described
3. Wrong item
4. Missing parts or components
5. Defective item
6. Damaged item
When submitting a dispute within SimSim with the reason "materially different," the Customer will need to select one of the reasons above and provide comments explaining why the item received is materially different from the item purchased.

The payment was debited from SimSim but order was not confirmed: Customer must immediately report the dispute from within SimSim. As part of the dispute resolution process, Marketplace Operations will contact both parties in the transaction. If it is determined that the Customer is not responsible for the problem, he/she will bereimbursed exclusive of FED. In case customer lodged complaint when FED is deposited to concerned authorities, the Customer will bear the FED charges. In case customer lodged the complaint when FED is with the bank, same will be refunded to the Customer.Although Marketplace Operations will try to complete the investigation as soon as possible, it can take up to 15 business days before reaching a conclusion. During this time, the Customer might be contacted to obtain additional information about the situation.

Merchant does not cooperate in case of a dispute: Any merchant that fails to cooperate in good faith to resolve a Customer's complaint may have its account privileges restricted or terminated from the Marketplace. Further, settlement amount to the Merchant may be stopped from being transferred. Marketplace Operations Team also expects merchants to respond to email correspondence concerning complaints against them within 10 days. Finally, a hold on funds in a merchant's account could be placed if the merchant does not respond timely to a dispute or does not honor a commitment made to resolve a dispute within a reasonable amount of time.

1.1.4. Requirements to Submit a Dispute

The dispute must be timely submitted.
The reason must be clearly mentioned.
The required information on the dispute form must be provided.
If the error is proven to be due to the Customer's behavior, no refund or coverage will be given to the Customer.

Return, Replacement and Refund

1.1.5. Return

The Customer can return any item sold on the SimSim Marketplace by submitting request for return through SimSim. The Customer should then pack the item securely, inserting any paperwork that was included when the product was requested. Ensuring that the product is eligible for return is the Customer's responsibility and SimSim will not reimburse the Merchant if the product is damaged.
The Customer will ship the return based on the return shipping option he/she selected.
1. Leopard's drop-off: Customer takes the package for return to an authorized Leopard's shipping location. This option allows the Customer to track his/her package on its way back to the Merchant.
2. Categories for return:-

Category	Return Window & Exception Cases
Phones, Tablets, Earphones & Headsets	7 Days, replacement only Not eligible for return if the item is "No longer needed" If your item arrived in defective/damaged or incorrect/incomplete condition, it is eligible for a free replacement, provided the exact item is available with the same seller. If the same item is not available from the same seller, a refund will be issued. For device-related issues after usage please contact the brand warranty provider directly (if applicable).
Mobile & Tablet Accessories	7 Days, return and refund Not eligible for return if the item is "No longer needed" For device-related issues after usage please contact the brand warranty provider directly (if applicable).

Category	Return Window & Exception Cases
Clothing, Apparel, Bags & Shoes	7 Days, return and refund. No questions asked Custom made items, women's intimate apparel and men's innerwear labeled as non-returnable on the product detail page cannot be returned.
Eyewear, Jewelry & Watches	7 Days, replacement only Not eligible for return if the item is "No longer needed" If your item arrived in defective / damaged or incorrect / incomplete condition, it is eligible for a free replacement, provided the exact item is available with the same seller. If the same item is not available from the same seller, a refund will be issued.
Shoe-care	7 Days, return and refund Not eligible for return if the item is "No longer needed"

Category	Return Window & Exception Cases
Beauty, Personal Care & Health	Non-returnable
Hair Removal & Electronic Accessories	7 Days, replacement only Not eligible for return if the item is "No longer needed" If your item arrived in defective / damaged or incorrect / incomplete condition, it is eligible for

Category	Return Window & Exception Cases
	a free replacement, provided the exact item is available with the same seller. If the same item is not available from the same seller, a refund will be issued. For device-related issues after usage please contact the brand warranty provider directly (if applicable).

Category	Return Window & Exception Cases
Large & Small Appliances	7 Days, replacement only Not eligible for return if the item is "No longer needed" If your item arrived in defective / damaged or incorrect / incomplete condition, it is eligible for a free replacement, provided the exact item is available with the same seller. If the same item is not available from the same seller, a refund will be issued. For device-related issues after usage please contact the brand warranty provider directly (if applicable).

Category

Return Window & Exception Cases

Large & Small Appliances

7 Days, replacement only Not eligible for return if the item is "No longer needed" If your item arrived in defective / damaged or incorrect / incomplete condition, it is eligible for a free replacement, provided the exact item is available with the same seller. If the same item is not available from the same seller, a refund will be issued. For device-related issues after usage please contact the brand warranty provider directly (if applicable).

Category	Return Window & Exception Cases
Laptops, Certified Refurbished Laptops, Components, Processors, Projectors, Storage, Printers, Scanners, Headsets, Headphones, Speakers, Consoles & PC/Video Games	7 Days, replacement only Not eligible for return if the item is "No longer needed" If your item arrived in defective / damaged or incorrect / incomplete condition, it is eligible for a free replacement, provided the exact item is available with the same seller. If the same item is not available from the same seller, a refund will be issued. For device-related issues after usage please contact the brand warranty provider directly (if applicable).
Other Peripherals & Accessories	7 Days, return and refund Not eligible for return if the item is "No longer needed" For device-related issues after usage please contact the brand warranty provider directly (if applicable).
Software	Non-returnable. For software-related technical issues or installation issues in items belonging to the software category, please contact the brand directly.

Category	Return Window & Exception Cases
Televisions, Headphones, Speakers, Cameras, Lenses, Flashes, Filters & Musical Instruments	7 Days, replacement only Not eligible for return if the item is "No longer needed" If your item arrived in defective / damaged or incorrect / incomplete condition, it is eligible for a free replacement, provided the exact item is available with the same seller. If the same item is not available from the same seller, a refund will be issued. For device-related issues after usage please contact the brand warranty provider directly (if applicable).
Other Accessories	7 Days, return and refund Not eligible for return if the item is "No longer needed" For device-related issues after usage please contact the brand warranty provider directly (if applicable).
Movies & Music	Non-returnable

Category	Return Window & Exception Cases
Bedding, Bath & Home Decor	7 Days, return and refund. No questions asked Custom made items labeled as non-returnable on their product detail pages can't be returned.
Lawn & Garden, Home Improvements, Household & Home Storage Supplies	7 Days, return and refund Not eligible for return if the item is "No longer needed"
Kitchen & Dining, Furniture & Lighting	7 Days, replacement only Not eligible for return if the item is "No longer needed" If your item arrived in defective / damaged or incorrect / incomplete condition, it is eligible for a free replacement, provided the exact item is available with the same seller. If the same item is not available from the same seller, a refund will be issued.

Category	Return Window & Exception Cases
Clothing, Apparel & Shoes	7 Days, return and refund. No questions asked
Outdoor Equipment,Team & Racket Sports	7 Days, return and refund Not eligible for return if the item is "No longer needed"
Fitness & Other Sports Equipment	7 Days, replacement only Not eligible for return if the item is "No longer needed" If your item arrived in defective / damaged or incorrect / incomplete condition, it is eligible for a free replacement, provided the exact item is available with the same seller. If the same item is not available from the same seller, a refund will be issued. For device-related issues after usage please contact the brand warranty provider directly (if applicable).
Supplements	Non-returnable

Category	Return Window & Exception Cases
Clothing, Apparel & Shoes	7 Days, return and refund. No questions asked
Toys & Games, Baby Care & Hygiene	7 Days, return and refund Not eligible for return if the item is "No longer needed" Toy vehicles are not eligible for refund

Category	Return Window & Exception Cases
Books & Stationery	7 Days, return and refund Not eligible for return if the item is "No longer needed"
Pet Supplies	Non-returnable
Automotive & Motorcycles	7 Days, return and refund Not eligible for return if the item is "No longer needed"
Medical & Industrial Equipment	7 Days, return and refund Not eligible for return if the item is "No longer needed"
Events & Tickets	Non-returnable & Non-refundable
Vouchers	Non-returnable & Non-refundable
International Shipping	Non-returnable & Non-refundable

Category	Return Window & Exception Cases
Lifestyle Products	7 Days, return and refund Not eligible for return if the item is "No longer needed"

1.1.6. Replacement

Customer can replace an item if the replacement meets certain criteria. The item being replaced must meet the following criteria:
1. Shipped to an address in Pakistan
2. Not received as a gift
3. Bought from SimSim Marketplace
4. Wasn't purchased with a promotion
5. Received as damaged, defective or wrong
If the Customer needs to replace the item for a different size or color within the same category of products, he/she can exchange qualifying items by submitting request for replacement through SimSim. Replacements are available for apparel, sports, shoes, baby products, jewelry, and watch items that have a size or color variation. The exchange item must be:
1. A different size or color than the return item
2. o Bought from SimSim Marketplace
For replacements regarding an item in the Customer's cart, the item must be:
1. Added in a quantity of one to the Cart
2. Bought from SimSim Marketplace
3. Not identical to the item being returned

1.1.7. Refunds

After initiating a payment from SimSim, it can't be canceled. If necessary, the merchant to whom the payment was submitted can issue a refund. Refunds for services displayed on the SimSim Marketplace will be dealt with as per the SLA with the concerned merchant.

When the Customer returns an item, the refund and how it is issued may differ based on the condition of the item, and how long the customer has had it.
It will take up to 15 business days for a refund to be processed. 3-5 additional days can be taken in case of certain circumstances.

Payment Method	Refund Method	Refund Time (Once Refund Is Processed)
SimSim Wallet	SimSim Wallet	3-5 business days

Marketplace Operations team may determine that a refund can be issued without requiring a return. If the Customer isn't required to ship the item back for a refund, he/she will be notified.

Applicable Law

By using the SimSim Marketplace, the Customer agrees that the laws of the Islamic Republic of Pakistan will govern these T&Cs and any dispute of any sort that might arise between the Customer and merchant/seller at SimSim Marketplace.

Any person opening or operating an account is deemed to have read, understood and accepted these Terms and the applicable schedule of charges of FINCA issued and amended from time to time by FINCA

I/we hereby acknowledge the Terms & Conditions of the Bank and undertake to comply with and act in accordance with all the requirements of the bank makes from Time to Time.

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