Payments Terms of Service

Please read these Payments Terms of Service (“Payments Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By using the Payment Services (as defined below), you agree to comply with and be bound by these Payments Terms.

Please note: Section 22 of these Payments Terms contains an arbitration clause and class action waiver that applies to all Chkar L&E Members. If your country of residence is the Pakistan, this provision applies to all disputes with Chkar L&E Payments. If your country of residence is outside of the Pakistan, this provision applies to any action you bring against Chkar L&E Payments in the Pakistan. It affects how disputes with Chkar L&E Payments are resolved. By accepting these Payments Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

Last Updated: September 15, 2021

Payments (as defined below) governing the Payment Services (defined below) conducted through or in connection with the Chkar L&E Platform.

When these Payments Terms mention “Chkar L&E,” “Chkar L&E Payments,” “we,” “us,” or “our,” it refers to the Chkar Lodging & Experiences Private Limited you are contracting with for Payment Services, which may be a bank, payment gateway or Chkar itself.

The Chkar L&E Terms of Service (“Chkar L&E Terms”) separately govern your use of the Chkar L&E Platform. All capitalized terms have the meaning set forth in the Chkar L&E Terms unless otherwise defined in these Payments Terms.

In certain situations, customers may be required to enter into unique payment processing agreements with Chkar L&E. To the extent that there is a conflict between these Payment Terms and terms and conditions set forth in any relevant payment processing agreement, the latter terms and conditions will take precedence, unless specified otherwise.

Our collection and use of personal information in connection with your access to and use of the Payment Services is described in Chkar L&E’s Privacy Policy.

Table of Contents

Scope and Use of the Payment Services
Key Definitions
Modification of these Payments Terms
Eligibility, Member Verification
Account Registration
Payment Methods and Payout Methods
Financial Terms for Hosts
Financial Terms for Guests
Appointment of Chkar L&E Payments as Limited Payment Collection Agent
General Financial Terms
Security Deposits
Currency Conversion
Abandoned Property
Prohibited Activities
Intellectual Property Ownership, Rights Notices
Feedback
Disclaimers
Liability
Indemnification
Termination, Suspension, and other Measures
Applicable Law and Jurisdiction
Dispute Resolution and Arbitration Agreement
General Provisions
Contacting Chkar L&E Payments

1. Scope and Use of the Payment Services

1.1 Chkar L&E provides payments services to Members, including payment collection services, payments and payouts, in connection with and through the Chkar L&E Platform (“Payment Services”). Please note that “Payment Services” include Chkar L&E Payments services associated with free Listings provided through Chkar L&E’s Open Homes Program.

1.2 Chkar L&E Payments may temporarily and under consideration of the Members’ legitimate interests (e.g., by providing prior notice), restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. Chkar L&E Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. Chkar L&E Payments will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.

1.3 The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. Chkar L&E Payments is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Chkar L&E Payments of such Third-Party Services.

1.4 You may not use the Payment Services except as authorized by the Pakistan law, the laws of the jurisdiction that is your country of residence, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used to send or receive funds.

1.5 Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.

2. Key Definitions

“Payout” means a payment initiated by Chkar L&E Payments to a Member for services (such as Listing Fees or Co-Host Services Fees) performed in connection with the Chkar L&E Platform.

“Payment Method” means a financial instrument that you have added to your Chkar L&E Account, such as a credit card, debit card, or PayPal account.

“Payout Method” means a financial instrument that you have added to your Chkar L&E Account, such as a PayPal account, direct deposit, a prepaid card, or a debit card (where available).

3. Modification of these Payments Terms

Chkar L&E Payments reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the Chkar L&E Platform and update the “Last Updated” date at the top of these Payments Terms. We will also provide you with notice by email of the modification at least thirty (30) days before the date they become effective. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.

4. Eligibility, Member Verification

4.1 You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services, you represent and warrant that you are 18 or older.

4.2 If you are agreeing to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

4.3 Chkar L&E Payments may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.

4.4 We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. Towards this end, you authorize Chkar L&E Payments to screen you against third party databases or other sources and request reports from service providers. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a form of government identification (e.g., CNIC, driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or (iii) attempting to screen your information against third-party databases. Chkar L&E Payments reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

5. Account Registration

5.1 In order to use the Payment Services, you must have a Chkar L&E Account in good standing. If you or Chkar L&E closes your Chkar L&E Account for any reason, you will no longer be able to use the Payment Services.

5.2 You may authorize a third party to use your Chkar L&E Account in accordance with the Chkar L&E Terms. You acknowledge and agree that anyone you authorize to use your Chkar L&E Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.

6. Payment Methods and Payout Methods

6.1 When you add a Payment Method or Payout Method to your Chkar L&E Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to Chkar L&E Payments or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods will depend on the particular Payout Method and may include:

Your residential address, name on the account, account type, routing number, account number, email address, payout currency, and account information associated with a particular payment processor.

6.2 When you add or use a new Payment Method, Chkar L&E Payments may verify the Payment Method by authorizing a nominal amount or by authenticating your account via a third-party payment service provider. For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts, and ask you to confirm these amounts, or (ii) require you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payout Method. When you add a Payment Method during checkout, we will automatically save that Payment Method to your Chkar L&E Account so it can be used for a future transaction.

6.3 Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Chkar L&E Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.

6.4 You authorize Chkar L&E Payments to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your Chkar L&E Account.

6.5 You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. Chkar L&E Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.

7. Financial Terms for Hosts

7.1 Generally

Generally speaking, Chkar L&E Payments will collect the Total Fees from a Guest at the time the Guest’s booking request is accepted by the host, or at any other time mutually agreed between the Guest and Chkar L&E Payments.

7.2. Payouts

7.2.1 In order to receive a Payout you must have a valid Payout Method linked to your Chkar L&E Account. Chkar L&E Payments will generally initiate Payouts to your selected Payout Method: (i) for Accommodations within 24 hours of the Guest’s scheduled check-in time (or within 24 hours of 3:00pm local time - or 3:00pm UTC if local time is unknown - if the check-in time is flexible or not specified); (ii) for Experiences and Events within 24 hours of the start of the Experience or Event; and (iii) for all other Host Services at the time specified via the Chkar L&E Platform. In certain jurisdictions or instances, Chkar L&E Payments may offer you a different time or trigger for payment. For example, in certain cases, eligible Hosts may be able to receive a Payout for a booking prior to the Guest’s scheduled check-in. Any such alternative Payout option may be subject to additional terms and conditions.

7.2.2 The time it takes to receive Payouts once released by Chkar L&E Payments may depend upon the Payout Method you select and the Payout Method provider’s processing schedule. Chkar L&E Payments may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.

7.2.3 Your Payout for a booking will be the Listing Fee less applicable Host Fees and Taxes.

7.2.4 In the event of a Guest’s cancellation of a confirmed booking, Chkar L&E Payments will remit a Payout of any portion of the Total Fees due to you under the applicable cancellation policy.

7.2.5 Chkar L&E Payments will remit your Payouts in your currency of choice, depending upon your selections via the Chkar L&E Platform and as further set out in Section 12. Amounts may be rounded up or down as described in the Chkar L&E Terms.

7.2.6 For compliance or operational reasons, Chkar L&E Payments may limit the value of each individual Payout. If you are due an amount above that limit, Chkar L&E Payments may initiate a series of Payouts (potentially over multiple days) in order to provide your full payout amount.

8. Financial Terms for Guests

8.1 You authorize Chkar L&E Payments to charge your Payment Method the Total Fees for any booking requested in connection with your Chkar L&E Account. Chkar L&E Payments will collect the Total Fees in the manner agreed between you and Chkar L&E Payments via the Chkar L&E Platform. Chkar L&E Payments will generally collect the Total Fees after the Host accepts your booking request. However, if you pay with a push Payment Method (credit transfer), Chkar L&E Payments will collect the Total Fees at the time of your booking request or after the Host accepts your booking request. Chkar L&E Payments may offer alternative options for the timing and manner of payment. For example, in some cases, Guests may be required to pay or have the option to pay for Host Services in multiple installments. Any additional fees for using offered payment options will be displayed via the Chkar L&E Platform and included in the Total Fees, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If Chkar L&E Payments is unable to collect the Total Fees as scheduled, Chkar L&E Payments will collect the Total Fees at a later point. Once the payment transaction for your requested booking is successfully completed, you will receive a confirmation email.

8.2 When you request to book a Listing, Chkar L&E Payments may also (i) obtain a pre-authorization via your Payment Method for the Total Fees,(ii) charge or authorize your Payment Method a nominal amount, to verify your Payment Method, or (iii) authenticate your account via a third-party payment service provider to verify your Payment Method.

8.3 If a requested booking is cancelled either because it is not accepted by the Host or you cancel the booking request before it is accepted by the Host, any amounts collected by Chkar L&E Payments will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.

8.4 You authorize Chkar L&E Payments to perform the Payment Method verifications described in Sections 6 and 8, and to charge your Payment Method for any bookings made in connection with your Chkar L&E Account. You hereby authorize Chkar L&E Payments to collect any amounts due, by charging the Payment Method provided at checkout, either directly by Chkar L&E Payments or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the Chkar L&E Platform (such as gift cards).

9. Appointment of Chkar L&E Payments as Limited Payment Collection Agent

9.1 Each Member collecting payment for services provided via the Chkar L&E Platform (such as Host Services, Co-Host Services, or certain transactions facilitated through the Resolution Center) (“Providing Member”) hereby appoints Chkar L&E Payments as the Providing Member’s payment collection agent solely for the limited purpose of accepting funds from Members purchasing such services (“Purchasing Members”).

9.2 Each Providing Member agrees that payment made by a Purchasing Member through Chkar L&E Payments, shall be considered the same as a payment made directly to the Providing Member, and the Providing Member will provide the purchased services to the Purchasing Member in the agreed-upon manner as if the Providing Member has received the payment directly from the Purchasing Member. Each Providing Member agrees that Chkar L&E Payments may refund the Purchasing Member in accordance with the Chkar L&E Terms. Each Providing Member understands that Chkar L&E Payments’ obligation to pay the Providing Member is subject to and conditional upon successful receipt of the associated payments from Purchasing Members. Chkar L&E Payments guarantees payments to Providing Members only for such amounts that have been successfully received by Chkar L&E Payments from Purchasing Members in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Providing Member, Chkar L&E Payments assumes no liability for any acts or omissions of the Providing Member.

9.3 Each Purchasing Member acknowledges and agrees that, notwithstanding the fact that Chkar L&E Payments is not a party to the agreement between you and the Providing Member, Chkar L&E Payments acts as the Providing Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Providing Member. Upon your payment of the funds to Chkar L&E Payments, your payment obligation to the Providing Member for the agreed upon amount is extinguished, and Chkar L&E Payments is responsible for remitting the funds to the Providing Member in the manner described in these Payments Terms, which constitute Chkar L&E Payments’ agreement with the Purchasing Member. In the event that Chkar L&E Payments does not remit any such amounts, the Providing Member will have recourse only against Chkar L&E Payments and not the Purchasing Member directly.

10. General Financial Terms

10.1 Fees

Chkar L&E Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to Members via the Chkar L&E Platform.

10.2 Payment Authorizations

You authorize Chkar L&E Payments to collect from you, amounts due pursuant to these Payment Terms or the Chkar L&E Terms. Specifically, you authorize Chkar L&E Payments to collect from you:

Any amount due to Chkar L&E (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Guest, Co-Payer, Host or Co-Host or user of the Chkar L&E Platform), including reimbursement for costs prepaid by Chkar L&E on your behalf, by charging any Payment Method on file in your Chkar L&E Account (unless you have previously removed the authorization to charge such Payment Method(s)) or by withholding such amounts from your future Payouts. Any funds collected by Chkar L&E Payments will set off the amount owed by you to Chkar L&E and extinguish your obligation to Chkar L&E.
Any amount due to a Providing Member from a Purchasing Member which Chkar L&E collects as the Providing Member’s payment collection agent as further set out in Section 9 above.
Taxes, where applicable and as set out in the Chkar L&E Terms.
Any amount you pay through the Resolution Center in connection with your Chkar L&E Account. Chkar L&E Payments may do so by charging the Payment Method associated with the relevant booking, or any other Payment Method on file in your Chkar L&E Account (unless you have previously removed the authorization to charge such Payment Method(s)), or by withholding the amount from your future Payouts.
Overstay Fees payable under the Chkar L&E Terms. In addition, Chkar L&E Payments may recover any costs and expenses it incurs in collecting the Overstay Fees by charging any Payment Method(s) you have on file in your Chkar L&E Account (unless you have previously removed the authorization to charge such Payment Method(s)).
Any Service Fees or cancellation fees imposed pursuant to the Chkar L&E Terms (e.g., if, as a Host, you cancel a confirmed booking). Chkar L&E Payments will be entitled to recover the amount of any such fees from you, including by subtracting such refund amount out from any future Payouts due to you.
Fees improperly paid to you as a Host or Co-Host. If, as a Host or Co-Host, your Guest cancels a confirmed booking or Chkar L&E decides that it is necessary to cancel a confirmed booking, and Chkar L&E issues a refund to the Guest in accordance with the Chkar L&E Terms, Guest Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, Chkar L&E Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
Fees, costs and/or expenses associated with a Damage Claim, including any Security Deposit, as set out in the Chkar L&E Terms. If Chkar L&E Payments is unable to collect from your Payment Method used to make the booking, you agree that Chkar L&E Payments may charge any other Payment Method on file in your Chkar L&E Account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s)). Chkar L&E Payments also reserves the right to otherwise collect payment from you and pursue any remedies available to Chkar L&E Payments in this regard in situations in which you are responsible for a Damage Claim pursuant to the Chkar L&E Terms, including, but not limited to, in relation to any payment requests made by Hosts under the Chkar L&E Host Guarantee.
Fees payable by Co-Payers as part of the Group Payment Service by charging any Payment Method on file in your Chkar L&E Account (unless you have previously removed the authorization to charge such Payment Method(s)), or by withholding such amounts from your future Payouts. Any funds collected by Chkar L&E Payments will set off the amount owed by you to Chkar L&E and extinguish your obligation to Chkar L&E.

In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

10.3 Refunds

10.3.1 Any refunds or credits due to a Member pursuant to the Chkar L&E Terms, Extenuating Circumstances Policy, and Guest Refund Policy will be initiated and remitted by Chkar L&E Payments in accordance with these Payments Terms.

10.3.2 Chkar L&E Payments will process refunds immediately, however, the timing to receive any refund will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.

10.4 Recurring Payments

10.4.1 For certain bookings (such as for Accommodation Bookings of twenty-eight (28) nights or more), Chkar L&E Payments may require a Guest to make recurring, incremental payments toward the Total Fees owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the Chkar L&E Platform if applicable to a booking.

10.4.2 If Recurring Payments apply to a confirmed booking, then the Guest authorizes Chkar L&E Payments to collect the Total Fees, and the Host agrees that Chkar L&E Payments will initiate Payouts, in the increments and at the frequency agreed to and identified via the Chkar L&E Platform.

10.4.3 Guests may stop payment of a Recurring Payment by notifying Chkar L&E Payments orally or in writing at least three (3) business days before the scheduled date of the payment. Chkar L&E Payments may require that you give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within fourteen (14) days as requested, Chkar L&E Payments is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact Chkar L&E Payments pursuant to Section 25.

10.5 Payment Processing Errors

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount. This may be performed by Chkar L&E Payments or a third party such as your financial institution.

10.6 Collections

If Chkar L&E Payments is unable to collect any amounts you owe under these Payments Terms, Chkar L&E Payments may engage in collection efforts to recover such amounts from you. Chkar L&E Payments will deem any owed amounts overdue when: (a) for authorized charges, ninety (90) days have elapsed after Chkar L&E Payments first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, one hundred and eighty (180) days have elapsed after the adjustment is made to the Host’s account or the associated services have been provided, whichever is later. Any overdue amounts not collected within one hundred and eighty (180) days after they become overdue will be deemed to be in default. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to Chkar L&E and/or Chkar L&E Payments by you. Such communication may be made by Chkar L&E, Chkar L&E Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.

11. Security Deposits

11.1 If you as a Guest (i) agree to pay the Host in connection with a Damage Claim, or (ii) Chkar L&E determines that you are responsible for damaging an Accommodation or any personal or other property located at an Accommodation pursuant to the Chkar L&E Terms, you authorize Chkar L&E Payments to charge the Payment Method used to make the booking in order to collect any Security Deposit associated with the Listing, as well as any amount of the Damage Claim exceeding any Security Deposit. If the Listing does not have a Security Deposit, Chkar L&E Payments may charge the Payment Method used to make the booking for the amount of the Damage Claim! If we are unable to collect from your Payment Method used to make the booking, you agree that Chkar L&E Payments may charge any other Payment Method on file (and not otherwise unauthorized) in your Chkar L&E Account at the time of the Damage Claim.

11.2 Chkar L&E Payments also reserves the right to otherwise collect payment from you and pursue any remedies available to Chkar L&E Payments in situations in which you are responsible for a Damage Claim pursuant to the Chkar L&E Terms, including, but not limited to, in relation to any payment requests made by Hosts under the Chkar L&E Host Guarantee.

12. Currency Conversion

Chkar L&E Payments will process each transaction in the currency the Member selects via the Chkar L&E Platform. The currencies available to make and receive payments for any given transaction may be limited for regulatory or operational reasons based on factors such as the Member’s selected Payment Method or Payout Method and/or the Member’s country of residence or Chkar L&E contracting entity(ies). Any such limitations will be communicated via the Chkar L&E Platform, and you will be prompted to select a different currency, Payment Method or Payout Method. Note that a Member’s third-party payment service provider may impose transaction, currency conversion or other fees based on the currency or Payment Method the Member selects to make or receive payments, and Chkar L&E Payments is not responsible for any such fees and disclaims all liability in this regard.

13. Abandoned Property

If we cannot initiate a Payout, refund, or pay other funds due to you for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting such funds to the appropriate governing body as required by law.

14. Prohibited Activities

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:

breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or the Chkar L&E Terms, Policies, or Standards;
use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
register or use any Payment Method or Payout Method with your Chkar L&E Account that is not yours or you do not have authorization to use;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Chkar L&E Payments or any of Chkar L&E Payments’ providers or any other third party to protect the Payment Services;
take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
Violate or infringe anyone else’s rights or otherwise cause harm to anyone.

15. Intellectual Property Ownership, Rights Notices

15.1 The Payment Services are protected by copyright, trademark, and other laws of the Pakistan. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of Chkar L&E, Chkar L&E Payments and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of Chkar L&E or Chkar L&E Payments used on or in connection with the Payment Services are trademarks or registered trademarks of Chkar L&E or Chkar L&E Payments in the Pakistan. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with Payment Services are used for identification purposes only and may be the property of their respective owners.

15.2 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Payment Services, except as expressly permitted in these Payments Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Chkar L&E, Chkar L&E Payments, or its licensors, except for the licenses and rights expressly granted in these Payments Terms.

16. Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Payment Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the Chkar L&E Platform, or pursuant to Section 25 (“Contacting Chkar L&E Payments”). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

17. Disclaimers

17.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.

17.2 Notwithstanding Chkar L&E Payments’ appointment as the limited payment collection agent of Providing Members for the purposes of accepting payments from Purchasing Members through the Chkar L&E Platform, Chkar L&E Payments explicitly disclaims all liability for any act or omission of any Member or other third party. Chkar L&E Payments does not have any duties or obligations as agent for each Providing Member except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.

17.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

17.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.

18. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Chkar L&E Account in any way, you are responsible for the actions taken by that person. Neither Chkar L&E Payments nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Chkar L&E Payments has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Providing Members pursuant to these Payments Terms or an approved payment request under the Chkar L&E Host Guarantee, in no event will Chkar L&E Payments’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed the amounts you have paid or owe for bookings via the Chkar L&E Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host or Co-Host, the amounts paid by Chkar L&E Payments to you in the twelve (12) month period prior to the event giving rise to the liability, or ten thousand Pakistani Rupees, if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Chkar L&E Payments and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the Pakistan, this does not affect Chkar L&E Payments’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

19. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Chkar L&E Payments’ option), indemnify, and hold Chkar L&E Payments and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) Chkar L&E Payments’ Collection and Remittance of Occupancy Taxes; or (iv) your breach of any laws, regulations, or third-party rights.

20. Termination, Suspension, and other Measures

20.1 You may terminate this Agreement at any time by sending us an email, or by following the termination procedures specified in the Chkar L&E Terms. Terminating this Agreement will also serve as notice to cancel your Chkar L&E Account pursuant to the Chkar L&E Terms. If you cancel your Chkar L&E Account as a Host, Chkar L&E Payments will provide a full refund to any Guests with confirmed booking(s). If you cancel your Chkar L&E Account as a Guest, Chkar L&E Payments will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy.

20.2 Without limiting our rights specified below, Chkar L&E Payments may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email or by giving you a call (two (2) months’ prior notice for Members contracting with Chkar L&E Payments).

20.3 Chkar L&E Payments may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under this Agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Chkar L&E Payments believes in good faith that such action is reasonably necessary to protect other Members, Chkar L&E, Chkar L&E Payments, or third parties (for example in the case of fraudulent behavior of a Member).

20.4 In addition, Chkar L&E Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, or if (ii) you have breached these Payments Terms, the Chkar L&E Terms, applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, or (iv) Chkar L&E Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of Chkar L&E, its Members, Chkar L&E Payments, or third parties, or to prevent fraud or other illegal activity.

20.5 In case of non-material breaches and where appropriate, you will be given notice of any measure by Chkar L&E Payments and an opportunity to resolve the issue to Chkar L&E Payments' reasonable satisfaction.

20.6 If Chkar L&E Payments takes any of the measures described in this Section you may appeal such a decision by contacting customer service.

20.7 If you are a Host and we take any of the measures described in this Section we may refund your Guests in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

20.8 If your access to or use of the Payment Services has been limited or this Agreement has been terminated by us, you may not register a new Chkar L&E Account or attempt to access and use the Payment Services through other an Chkar L&E Account of another Member.

21. Applicable Law and Jurisdiction

If you are contracting with Chkar L&E Payment, these Payments Terms will be interpreted in accordance with the laws of the Pakistan, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 23 must be brought in state or court of Gilgit, Gilgit-Baltistan Pakistan, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Gilgit, Gilgit-Baltistan Pakistan.

22. Dispute Resolution and Arbitration Agreement

22.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) are contracting with Chkar L&E Payments

22.2 Overview of Dispute Resolution Process. Chkar L&E Payments is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payments Terms provide for a two-part process for individuals to whom Section 23.1 applies: (1) an informal negotiation directly with Chkar L&E’s customer service team, and (2) a binding arbitration administered by the Aga Khan Arbitration Board Gilgit, using its specially designed Consumer Arbitration Rules (as modified by this Section

22 and except as provided in Section 22.6). Specifically, the Consumer Arbitration Rules provide:

Arbitrators must be neutral and no party may unilaterally select an arbitrator;
Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
Parties retain the right to seek relief in small claims court for certain claims, at their option;
The initial filing fee for the consumer is capped at whatever amount set by Arbitration Board will be paid prior;
The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under PKR 25,00,000 (Twenty Five Lac) , by the submission of documents;
The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

22.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Chkar L&E Payments each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Chkar L&E’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the Aga Khan Arbitration Board Gilgit and the written Demand for Arbitration provided to the other party, as per rules of the Arbitration Board.

22.4 Agreement to Arbitrate. You and Chkar L&E Payments mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Payment Services (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Chkar L&E Payments agree that the arbitrator will decide that issue.

22.5 Exceptions to Arbitration Agreement. You and Chkar L&E Payments each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

22.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by Aga Khan Arbitration Board Gilgit in accordance with the Consumer Arbitration.

22.7 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

22.8 Jury Trial Waiver. You and Chkar L&E Payments acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

22.9 No Class Actions or Representative Proceedings. You and Chkar L&E Payments acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Chkar L&E Payments both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.

22.10 Severability. Except as provided in Section 22.9, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

23. General Provisions

23.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire Agreement between Chkar L&E Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Chkar L&E Payments and you regarding the Payment Services.

23.2 No joint venture, partnership, employment, or agency relationship exists between you or Chkar L&E Payments as a result of this Agreement or your use of the Payment Services.

23.3 If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

23.4 Chkar L&E Payments’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.

23.5 You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without Chkar L&E Payments’ prior written consent. Chkar L&E Payments may without restriction assign, transfer, or delegate this Agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice (or two (2) months’ prior notice for Members contracting with Chkar L&E Payments). Your right to terminate this Agreement at any time remains unaffected.

23.6 This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of this Agreement for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to this Agreement.

23.7 Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by Chkar L&E Payments via email, Chkar L&E Platform notification, or messaging service (including SMS / WhatsApp and WeChat). For notices made to Members residing outside of Pakistan, the date of receipt will be deemed the date on which Chkar L&E transmits the notice.

24. Contacting Chkar L&E Payments

You may contact Chkar L&E Payments regarding the Payment Services using the information below:

Chkar Lodging & Experiences : MFSYS, Software Technology Park, Service Rd N, I-9/3, Islamabad Pakistan
Email : dpo@chkar.com
Phone : +92 311 4819506