Terms and Conditions

1. Preamble and acceptance

1. 1.1Perfect Care Foundation (the “Foundation”, “we”, “us” or “our”) is a philanthropic body constituted for charitable, educational, medical-relief and social-welfare purposes, operating principally within the Province of Sindh, Pakistan, and maintaining the website located at the domain pcf.org.pk together with each of its sub-domains, pages, forms, application programming interfaces and associated electronic facilities (collectively, the “Platform”).
2. 1.2These Terms and Conditions (the “Terms”), read together with the Privacy Policy, the Cookie Policy, the Refund and Return Policy, the Cancellation Policy, the Shipping and Delivery Policy and the Legal Disclaimer, each of which is incorporated into these Terms by reference and forms an integral part of them, constitute the entire agreement (the “Agreement”) between you and the Foundation in relation to the subject matter described herein.
3. 1.3Acceptance of the Agreement occurs, and is conclusively evidenced, upon the earliest of: (a) your accessing, browsing or otherwise availing yourself of any part of the Platform; (b) your submission of any electronic form, enquiry, subscription or registration; (c) your initiation, authorisation or completion of a Transaction; or (d) your affirmative indication of assent by any check-box, button, toggle or equivalent interface element. Acceptance so given is an acceptance in writing for the purposes of the Contract Act, 1872, and the resulting electronic record is valid, enforceable and admissible pursuant to the Electronic Transactions Ordinance, 2002.
4. 1.4You acknowledge that you have been afforded a genuine and unhurried opportunity to read these Terms in full before accepting them, that they are published in the English language which you confirm you read and understand, and that no representation, inducement, assurance or statement not expressly recorded in the Agreement has been relied upon by you in entering into it.
5. 1.5Clause headings are inserted for navigational convenience only. They do not circumscribe, enlarge or otherwise affect the construction of the clauses beneath them.

2. Definitions and interpretation

In the Agreement, the following capitalised expressions bear the meanings assigned to them below, and cognate expressions are construed accordingly.

“Applicable Law” — All statutes, ordinances, rules, regulations, circulars, directives, notifications, judicial precedents and administrative guidance for the time being in force in the Islamic Republic of Pakistan, including subordinate instruments issued by the Securities and Exchange Commission of Pakistan, the State Bank of Pakistan, the Federal Board of Revenue and the Government of Sindh, each as amended, replaced or re-enacted.

“Beneficiary” — Any natural person, household, class of persons or institution selected by the Foundation, in the exercise of its independent charitable discretion, to receive assistance under a Programme.

“Business Day” — A day other than a Saturday, Sunday or public holiday notified by the Government of Pakistan or the Government of Sindh, on which scheduled banks are open for general business at Karachi.

“Contribution” — Any sum of money, in any currency, transferred or caused to be transferred to the Foundation through the Platform or through any banking channel notified on the Platform, whether unrestricted, restricted, single or recurring.

“Donor” — Any natural or juridical person who makes, attempts to make, or is recorded as having made, a Contribution.

“In-Kind Deliverable” — Any tangible article, commodity, foodstuff, ration parcel, medical consumable, educational material, sacrificial service or other non-monetary output procured, assembled, performed or distributed by the Foundation in the discharge of a Programme.

“Payment Service Provider” — Any bank, payment gateway, aggregator, switch, wallet operator or electronic money institution authorised under the Payment Systems and Electronic Fund Transfers Act, 2007, engaged by the Foundation to initiate, authorise, route, clear or settle a Transaction.

“Programme” — Any charitable initiative, appeal, campaign, project, facility or service operated or supported by the Foundation, whether or not identified by name on the Platform.

“Restricted Fund” — A Contribution accepted by the Foundation subject to an express designation by the Donor as to the purpose, class of Beneficiary, or Shariah character of its application.

“Transaction” — Any instruction, authorisation, mandate or payment initiated through the Platform, including a Contribution, a recurring mandate, and any reversal, refund or chargeback arising from it.

“you” or “User” — Any person accessing the Platform in any capacity, whether or not a Contribution is made.

1. 2.1The singular includes the plural and the converse; a gender includes every gender; and a reference to a person includes a natural person, a body corporate, an unincorporated association, a partnership, a trust and a governmental authority.
2. 2.2The words “including”, “includes” and “in particular” are words of illustration and not of limitation, and shall not be construed ejusdem generis so as to restrict the generality of any preceding words.
3. 2.3A reference to any statute or statutory provision includes that provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced, and every subordinate instrument made under it.
4. 2.4Where a period is expressed to run from a given day, that day is excluded from the computation; where a period would expire on a day that is not a Business Day, it expires on the next following Business Day.
5. 2.5In the event of an irreconcilable conflict between these Terms and any other constituent document of the Agreement, these Terms prevail, save that the Privacy Policy prevails on any question concerning the processing of personal data and the Refund and Return Policy prevails on any question concerning the reversal of a Contribution.

3. Capacity, eligibility and territorial reach

1. 3.1You represent and warrant that you are of the age of majority under the law to which you are personally subject, that you are of sound mind, and that you are not disqualified from contracting by any law to which you are subject, as contemplated by Section 11 of the Contract Act, 1872.
2. 3.2Where you access the Platform or make a Contribution on behalf of a company, firm, trust, society or other juridical entity, you represent and warrant that you are duly authorised to bind that entity, and the expressions “you” and “User” are construed as referring to that entity jointly and severally with you personally.
3. 3.3The Platform is directed at, and its Programmes are administered within, the territory of Pakistan. The Foundation makes no representation that the Platform, its content or its Programmes are appropriate, available or lawful in any other jurisdiction. Users who access the Platform from outside Pakistan do so on their own initiative and are solely responsible for compliance with the laws of the territory from which access occurs, including any exchange-control, sanctions, charitable-solicitation and tax-reporting requirement applicable to them.
4. 3.4The Foundation does not solicit Contributions in any jurisdiction in which such solicitation would require a registration, licence or consent that the Foundation does not hold, and nothing on the Platform is to be construed as such a solicitation.
5. 3.5The Platform is not intended for use by minors, and the Foundation does not knowingly accept a Contribution from a person who is a minor under Applicable Law. Clause 15 of the Privacy Policy governs the treatment of data inadvertently received from such a person.

4. Character of the Platform

1. 4.1The Platform is an instrument of charitable solicitation and philanthropic administration. It is not a marketplace, not a retail storefront, and not a facility for the sale or supply of goods or services for valuable consideration, save to the limited extent expressly identified as such at the point of Transaction.
2. 4.2A Contribution is a voluntary and gratuitous disposition of property made animo donandi. It is not the price of any good, service, benefit, advantage, entitlement, preference or expectation, and confers upon the Donor no proprietary, contractual, beneficial, reversionary or supervisory interest whatsoever in the sum contributed, in any asset acquired with it, or in the affairs of the Foundation.
3. 4.3Save where the Platform expressly denominates a Transaction as a purchase of a good or service, no Donor acquires the status of a consumer vis-à-vis the Foundation in respect of a Contribution, and the reciprocal obligations characteristic of a contract of sale do not arise. Nothing in this Clause purports to exclude or restrict any right that the Sindh Consumer Protection Act, 2014, or any other Applicable Law, confers upon a person who is in fact a consumer and which cannot lawfully be excluded or restricted.
4. 4.4Descriptions of Programmes, appeals, targets, impact figures, unit costs and beneficiary numbers appearing on the Platform are indicative statements of charitable intention prepared in good faith on information available at the time of publication. They are not warranties, guarantees, offers capable of acceptance, or representations as to future performance, and Clause 3 of the Legal Disclaimer applies to them in full.
5. 4.5The Foundation reserves the absolute right to add, amend, suspend, consolidate, re-scope or withdraw any Programme at any time, without notice and without liability, in the exercise of the fiduciary duties owed by its governing body.

5. Donations: offer, acceptance and appropriation

1. 5.1The display of a Programme, appeal, donation form or suggested amount on the Platform constitutes an invitation to treat and not an offer. The Donor’s completed instruction constitutes the offer. The Agreement in respect of a Contribution is concluded only upon the Foundation’s acceptance of that offer, which occurs at the moment the Foundation’s records register irrevocable and unconditional receipt of cleared funds, and not upon authorisation, pre-authorisation, or the generation of any on-screen or emailed acknowledgement.
2. 5.2The Foundation reserves the unqualified right to decline, in whole or in part, any Contribution, without assigning a reason, where in its sole judgement acceptance would be inconsistent with its charitable objects, its constitutional documents, Applicable Law, its obligations under the Anti-Money Laundering Act, 2010, or the reputational interests of the Foundation and its Beneficiaries. A declined Contribution is returned to source and the Refund and Return Policy governs the mechanics of that return.
3. 5.3Subject to Clause 6, every Contribution vests in the Foundation absolutely upon acceptance, free of any trust, condition subsequent, resulting trust or equity in favour of the Donor. The application of the Contribution thereafter lies within the exclusive administrative discretion of the governing body of the Foundation.
4. 5.4The Donor irrevocably acknowledges that a proportion of every Contribution is necessarily and properly applied towards the administrative, governance, audit, compliance, banking, payment-processing, staffing, monitoring and fundraising costs without which no Programme could be delivered, and that such application is a legitimate charitable application and not a diversion, deduction or shortfall.
5. 5.5Where a Contribution is designated to a Programme and the Foundation determines, acting reasonably and in furtherance of its charitable objects, that the Programme has been fully funded, has concluded, has become impracticable, has ceased to be capable of lawful or effective delivery, or would be better served by reallocation, the Foundation may apply that Contribution to a Programme as nearly as practicable resembling the original designation. The Donor’s designation is accordingly directory as to preference and not mandatory as to application.
6. 5.6The Donor is exclusively responsible for the accuracy of every particular submitted, including the amount, the designation, the payment instrument and the contact details. The Foundation is under no duty to detect, query or correct an erroneous instruction, and bears no liability for the consequences of an instruction that is accurate on its face.
7. 5.7Recurring Contributions continue in accordance with the mandate given until cancelled in the manner prescribed by the Cancellation Policy. The Donor is responsible for maintaining sufficient funds and a valid instrument, and for the consequences of a failed collection, including any charge levied by the Donor’s own bank.
8. 5.8An acknowledgement, receipt or certificate issued by the Foundation records the fact and amount of a Contribution. It is not a negotiable instrument, is not transferable, and confers no right of action against the Foundation in respect of the application of the sum acknowledged.

6. Restricted, Zakat and Shariah-designated funds

1. 6.1Where a Donor designates a Contribution as Zakat, the Foundation accepts it in the capacity of wakeel (agent) of the Donor for the purpose of disbursement to persons eligible under the heads prescribed by the Shariah, and undertakes to maintain such Contribution in a manner permitting its identification and its application to eligible Beneficiaries.
2. 6.2Zakat Contributions are not applied towards administrative overhead save to the extent permitted by the juristic opinion adopted by the Foundation and disclosed in its published accounts. Contributions designated Sadaqah, Sadaqah Jariyah, Khairat, Fitrana, Fidya, Kaffarah or as general donations are not subject to the restriction in this Clause.
3. 6.3The determination of a Beneficiary’s eligibility, of the juristic school or opinion to be followed, and of the timing and manner of disbursement, rests exclusively with the Foundation and its advisers. The Donor acknowledges that reasonable scholars differ, that the Foundation cannot warrant conformity with every juristic position, and that the discharge of the Donor’s personal religious obligation is a matter upon which the Foundation offers no assurance.
4. 6.4Where a Donor has elected a deduction of Zakat at source under the Zakat and Ushr Ordinance, 1980, or claims exemption from such deduction, the responsibility for making and substantiating that election rests with the Donor and the Foundation assumes no obligation in respect of it.
5. 6.5A Restricted Fund that cannot lawfully or practicably be applied in accordance with its restriction is dealt with under Clause 5.5, save that a Zakat Contribution is in all circumstances reallocated only to another Zakat-eligible application.

7. Payment processing and settlement

1. 7.1Transactions are initiated, authorised, routed and settled by one or more Payment Service Providers. The Foundation does not itself collect, transmit, process or store the primary account number, expiry date, verification value or personal identification number associated with any payment instrument, and no such data element traverses or resides upon the Foundation’s own systems.
2. 7.2Your use of a Payment Service Provider is additionally governed by that provider’s own terms, which form a separate contract between you and it. The Foundation is not a party to that contract and is not the agent, partner or guarantor of any Payment Service Provider.
3. 7.3The Foundation is not liable for any declination, delay, interruption, duplication, mis-routing, settlement failure, currency conversion, interchange charge, correspondent-bank deduction or other act or omission of a Payment Service Provider, of your issuing bank, or of any intermediary in the payment chain.
4. 7.4Where a Contribution is made in a currency other than the Pakistan Rupee, conversion is effected by the relevant financial institution at a rate determined by it. The Foundation receives, and is accountable only for, the converted sum actually credited to it net of all charges, and any difference between the sum debited to the Donor and the sum so credited is not recoverable from the Foundation.
5. 7.5The Foundation’s own books of account, and the settlement records of its Payment Service Providers, constitute the primary evidence of the fact, date, amount and designation of a Transaction. In the absence of manifest error demonstrated by the Donor, those records prevail over any screenshot, cached page, unverified electronic communication or oral assertion.
6. 7.6Direct bank transfers may be made to the Foundation’s designated account maintained with United Bank Limited, account number 374276591, IBAN PK57UNIL0109000374276591. The Foundation will never notify a change of banking particulars by unsolicited message, and any communication purporting to do so should be verified by telephone on 021-36924455 before any sum is remitted. The Foundation accepts no liability for a sum remitted to an account other than the account particulars published on the Platform.

8. Donor warranties and source of funds

1. 8.1You represent, warrant and undertake on each occasion on which you initiate a Transaction that: (a) the funds contributed are lawfully yours or are contributed with the lawful authority of their owner; (b) the funds do not represent, directly or indirectly, the proceeds of any offence, and are not derived from, applied to or connected with money laundering, terrorism financing, proliferation financing, corruption, tax evasion or any predicate offence under the Anti-Money Laundering Act, 2010 or the Anti-Terrorism Act, 1997; (c) you are not a person designated under any sanctions or proscription list administered by the Government of Pakistan, the United Nations Security Council or any other competent authority; and (d) the payment instrument used is lawfully held and used by you.
2. 8.2The Foundation is entitled, and where required by Applicable Law is obliged, to conduct customer due diligence, enhanced due diligence, sanctions screening and source-of-funds enquiry in respect of any Donor or Transaction, and to require documentary evidence in support. Pending satisfactory completion of such enquiry the Foundation may withhold a Contribution from application.
3. 8.3The Foundation is obliged in certain circumstances to report a suspicious transaction to the Financial Monitoring Unit and to other competent authorities, and is prohibited by law from disclosing that it has done so. You acknowledge that the making of such a report, and the withholding of information about it, is a compliance with law and not a breach of any duty owed to you.
4. 8.4A breach of any warranty in this Clause entitles the Foundation to reverse, freeze, retain or surrender the Contribution as directed by a competent authority, and to recover from you every cost, penalty and loss thereby occasioned.

9. Acceptable use and prohibited conduct

You shall not, and shall not permit or procure any other person to:

1. 9.1use the Platform for any purpose that is unlawful, fraudulent, defamatory, obscene, seditious, hateful, harassing, or calculated to incite violence or communal disaffection;
2. 9.2gain or attempt to gain unauthorised access to the Platform, any server, database, account or network connected to it, or interfere with its integrity or availability, including by the transmission of any virus, worm, logic bomb, ransomware, or other malicious code, such conduct being an offence under the Prevention of Electronic Crimes Act, 2016;
3. 9.3employ any robot, spider, scraper, harvesting tool, headless browser or automated means to access, copy, index or extract any part of the Platform or its underlying data, save for a bona fide search-engine crawler complying with the Platform’s robots exclusion directives;
4. 9.4test, probe, scan, penetrate, reverse-engineer, decompile or circumvent any security, rate-limiting, authentication or access-control measure, or any technological protection measure;
5. 9.5submit a Transaction using a stolen, cloned, counterfeit or unauthorised instrument, or with the intention of testing the validity of card credentials, or of generating a chargeback, or of any other deception;
6. 9.6impersonate any person, misrepresent an affiliation with the Foundation, or hold out any authority to solicit funds on the Foundation’s behalf without its prior written authorisation;
7. 9.7use the Platform or any data obtained from it for unsolicited commercial communication, or to compile a directory, database or mailing list;
8. 9.8upload, transmit or link to material infringing any intellectual-property right, right of privacy, right of publicity or obligation of confidence; or
9. 9.9engage in any act or omission that imposes, or may impose, an unreasonable or disproportionate load upon the Platform’s infrastructure.

10. Accounts and credentials

1. 10.1Certain facilities require the creation of an account. You are responsible for the confidentiality of your credentials and for every activity occurring under your account, whether or not authorised by you, until you have notified the Foundation of a suspected compromise in accordance with Clause 20.
2. 10.2You shall provide accurate, current and complete information on registration and shall maintain it as such. The Foundation may suspend or terminate an account containing information it reasonably believes to be inaccurate, incomplete, fictitious or maintained in breach of the Agreement.
3. 10.3Accounts are personal and may not be sold, assigned, shared or otherwise transferred.
4. 10.4Administrative access to the Platform is restricted by technical control. Any attempt to discover, guess or brute-force an administrative access path is conduct falling within Clause 9.4.

11. Intellectual property

1. 11.1All copyright, trade marks, service marks, trade names, logos, database rights, design rights and other intellectual-property rights subsisting in or in relation to the Platform and its content are owned by the Foundation or licensed to it, and are protected under the Copyright Ordinance, 1962, the Trade Marks Ordinance, 2001, and the international conventions to which Pakistan is a party.
2. 11.2You are granted a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and display the Platform’s content for your own personal, non-commercial informational use. Every right not expressly granted is reserved.
3. 11.3You shall not reproduce, republish, adapt, translate, frame, mirror, distribute, sell, licence or create derivative works from any part of the Platform without the Foundation’s prior written consent, save to the extent permitted by the fair-dealing provisions of the Copyright Ordinance, 1962.
4. 11.4The name “Perfect Care Foundation”, the abbreviation “PCF” and the Foundation’s device marks may not be used in any manner suggesting sponsorship, endorsement or affiliation without prior written authorisation.
5. 11.5A person asserting that material on the Platform infringes their right may give notice under Clause 20 identifying the material, the right asserted and the basis of the assertion. The Foundation will investigate and, where the assertion is substantiated, will remove or disable access to the material.

12. User-submitted material

1. 12.1Where you submit any testimonial, comment, photograph, review, enquiry, suggestion or other material (“User Material”) you grant the Foundation a worldwide, perpetual, irrevocable, royalty-free, transferable and sub-licensable licence to use, reproduce, adapt, publish, translate, distribute and display that material in any medium for any purpose connected with the Foundation’s charitable objects, including fundraising and reporting.
2. 12.2You warrant that you own or control every right necessary to grant that licence, that the User Material is accurate and not misleading, and that its use by the Foundation will not infringe any right of any third party.
3. 12.3The Foundation is under no obligation to publish, retain or attribute User Material, and may edit or remove it at its discretion.
4. 12.4An unsolicited idea, proposal or concept submitted to the Foundation is submitted on a non-confidential basis, and the Foundation incurs no obligation of confidence, compensation or attribution in respect of it.

13. Third-party services and linked resources

1. 13.1The Platform incorporates or links to services operated by third parties, including payment gateways, donation-management software, mapping services, font and content-delivery services, analytics providers and social-media platforms.
2. 13.2A link is provided for convenience and does not constitute an endorsement, verification or assumption of responsibility. The Foundation neither controls nor monitors third-party resources and excludes all liability arising from their content, availability, security or practices.
3. 13.3Your dealings with a third party reached through the Platform are exclusively between you and that third party.

14. Disclaimers

1. 14.1The Platform and its content are provided on an “as is” and “as available” basis. To the fullest extent permitted by Applicable Law the Foundation excludes every warranty, condition, term and representation, whether express, implied, statutory or arising from a course of dealing, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, non-infringement, uninterrupted availability or freedom from error or malicious code.
2. 14.2The Foundation does not warrant that the Platform will be continuously available, that defects will be corrected, or that any content is complete, current or free from error. Content is liable to change without notice.
3. 14.3Nothing on the Platform constitutes financial, taxation, legal, accounting, medical, nutritional, educational or religious advice, and the Legal Disclaimer applies in full.
4. 14.4Nothing in this Clause operates to exclude or restrict liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or restricted.

15. Limitation and exclusion of liability

1. 15.1The Foundation, its trustees, directors, officers, employees, volunteers, agents, advisers and Programme partners shall not be liable, whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise, for any indirect, incidental, special, consequential, punitive or exemplary loss, or for any loss of profit, revenue, business, opportunity, goodwill, anticipated saving, data or reputation, in each case however arising and whether or not foreseeable.
2. 15.2The aggregate liability of the Foundation to any User in respect of all claims arising out of or in connection with the Agreement, whether arising from a single event or a series of connected events, shall in no circumstances exceed the lesser of (a) the total amount of the Contributions actually received from that User during the period of ninety (90) days immediately preceding the event giving rise to the claim, and (b) Pakistan Rupees fifty thousand (PKR 50,000).
3. 15.3The limitation in Clause 15.2 reflects the non-commercial character of the Foundation, the gratuitous nature of a Contribution, and the fact that the Foundation’s resources are held upon charitable purposes for the benefit of its Beneficiaries. You acknowledge that the allocation of risk effected by this Clause is reasonable in that context.
4. 15.4No claim may be brought against the Foundation unless notice of it has been given under Clause 20 within ninety (90) days of the claimant becoming aware, or being reasonably capable of becoming aware, of the circumstances giving rise to it. Nothing in this Clause extends any period of limitation prescribed by the Limitation Act, 1908.
5. 15.5Clause 14.4 applies equally to this Clause 15.

16. Indemnity

1. 16.1You shall indemnify, defend and hold harmless the Foundation and each of the persons identified in Clause 15.1 against every claim, demand, action, proceeding, liability, loss, damage, penalty, cost and expense (including legal costs on a full indemnity basis) arising out of or in connection with: (a) your breach of the Agreement; (b) your breach of Applicable Law; (c) your User Material; (d) any Transaction initiated through your account or instrument; or (e) any misrepresentation made by you.
2. 16.2The Foundation shall notify you of any claim to which this indemnity applies and shall be entitled, at your cost, to assume the conduct of its defence and settlement.
3. 16.3This indemnity survives the termination of the Agreement.

17. Force majeure

1. 17.1The Foundation is not in breach of the Agreement, and incurs no liability, for any failure or delay in performance attributable to an event beyond its reasonable control, including act of God, flood, earthquake, drought, epidemic or pandemic, war, insurrection, terrorism, civil commotion, strike, lockout, fire, failure of power or telecommunications, failure of the internet or of any Payment Service Provider, cyber-attack, embargo, sanction, currency restriction, or any act, order, restriction or requirement of a governmental or regulatory authority.
2. 17.2Where such an event subsists for more than sixty (60) consecutive days, the Foundation may re-designate any affected Restricted Fund in accordance with Clause 5.5.

18. Suspension, refusal and termination

1. 18.1The Foundation may, at its sole discretion and without prior notice or liability, suspend, restrict, refuse or terminate your access to the Platform or to any facility within it, or decline any Transaction, where it reasonably suspects a breach of the Agreement, a risk to the Platform, a compliance obligation, or conduct prejudicial to the Foundation or its Beneficiaries.
2. 18.2You may terminate the Agreement at any time by ceasing to use the Platform and cancelling any subsisting recurring mandate in accordance with the Cancellation Policy.
3. 18.3Termination does not affect any accrued right or liability, does not give rise to any entitlement to the return of a Contribution already accepted, and does not affect the continued operation of Clauses 2, 5.3, 11, 12.1, 14, 15, 16, 20, 21 and 22, which survive termination indefinitely.

19. Variation of these Terms

1. 19.1The Foundation may amend the Agreement at any time by publishing an amended version on the Platform bearing a revised version number and effective date. The amended version takes effect upon publication, or upon such later date as it specifies.
2. 19.2A Transaction is governed by the version of the Agreement in force at the moment the Transaction was initiated. Continued use of the Platform after an amendment takes effect constitutes acceptance of the amended version.
3. 19.3You are responsible for reviewing the Agreement periodically. The Foundation is under no obligation to give individual notice of an amendment, save where Applicable Law requires it.
4. 19.4The Foundation retains an archival copy of each superseded version and will supply the version in force on a specified date upon written request made under Clause 24.

20. Notices and service

1. 20.1Every notice to the Foundation must be in writing in the English or Urdu language and must be sent to info@pcf.org.pk or delivered to the registered office at WS-17, Sector 16-B, North Karachi Industrial Area, Karachi. A notice sent by any other channel, including a social-media message, a comment on any page, or an oral communication to any member of staff, is not effective service.
2. 20.2A notice to you is validly given if sent to the postal or electronic address most recently supplied by you, and is deemed received on the second Business Day after posting or, in the case of electronic transmission, at the time of transmission where sent on a Business Day before 5:00 p.m. Pakistan Standard Time, failing which on the next Business Day.
3. 20.3You consent to the service of notices, records, receipts and disclosures in electronic form, and agree that such service satisfies any requirement of writing under Applicable Law.

21. General provisions

1. 21.1Severability. If any provision of the Agreement is held by a competent authority to be invalid, unlawful or unenforceable, that provision is severed to the minimum extent necessary and the remaining provisions continue in full force. Where severance would defeat the purpose of the provision, the parties shall substitute a valid provision achieving as nearly as possible the same result.
2. 21.2Waiver. No failure or delay in exercising a right operates as a waiver of it, and no single or partial exercise precludes any further exercise. A waiver is effective only if in writing and signed by an authorised officer of the Foundation.
3. 21.3Assignment. You may not assign or otherwise deal with your rights under the Agreement. The Foundation may assign, novate or transfer its rights and obligations to any successor entity or to any body with substantially similar charitable objects, including upon amalgamation, reconstitution or transfer of undertaking.
4. 21.4No partnership or agency. Nothing in the Agreement creates a partnership, joint venture, employment or agency relationship between you and the Foundation.
5. 21.5Third-party rights. Save for the persons identified in Clauses 15.1 and 16.1, who may enforce the benefit of those clauses, no person who is not a party to the Agreement has any right to enforce any of its terms.
6. 21.6Entire agreement. The Agreement supersedes every prior understanding, representation and arrangement relating to its subject matter, save that nothing excludes liability for fraudulent misrepresentation.
7. 21.7Language. Where the Agreement is translated, the English text prevails in the event of any inconsistency.
8. 21.8Record. The electronic record of your acceptance, maintained in the Foundation’s systems and those of its Payment Service Providers, constitutes the definitive record of the Agreement between you and the Foundation.

22. Governing law and jurisdiction

1. 22.1The Agreement, its subject matter, its formation and any non-contractual obligation arising out of or in connection with it are governed by and construed in accordance with the laws of the Islamic Republic of Pakistan, without regard to any conflict-of-laws principle that would apply the law of another jurisdiction.
2. 22.2Subject to Clause 22.3, the courts at Karachi, Sindh, have exclusive jurisdiction to determine any dispute arising out of or in connection with the Agreement, and you irrevocably submit to that jurisdiction and waive any objection on the ground of venue or forum non conveniens.
3. 22.3Before commencing proceedings, a party shall first exhaust the grievance procedure in Clause 23. If the dispute remains unresolved sixty (60) days after the grievance was lodged, either party may refer it to arbitration by a sole arbitrator appointed by agreement, or failing agreement within thirty (30) days, by the competent court, under the Arbitration Act, 1940. The seat and venue of the arbitration shall be Karachi and the language shall be English. This clause does not preclude either party from seeking urgent interim or injunctive relief from a competent court.
4. 22.4Any claim must be brought in an individual capacity and not as a plaintiff or class member in any purported representative or collective proceeding, to the extent such a limitation is permissible under Applicable Law.

23. Grievance redressal

1. 23.1A grievance must be submitted in writing to info@pcf.org.pk bearing the subject line “Grievance – Terms and Conditions” and must set out the complainant’s name and contact particulars, the Transaction reference where applicable, a statement of the facts relied upon, the relief sought, and copies of supporting documents.
2. 23.2The Foundation will acknowledge a grievance within seven (7) Business Days and will communicate a reasoned determination within thirty (30) Business Days of acknowledgement, save where the matter requires enquiry of a third party, in which case the complainant will be informed of the expected timeline.
3. 23.3A complainant dissatisfied with the determination may request internal review by the Foundation’s governing body within fifteen (15) Business Days, whereupon a further reasoned determination will be issued within thirty (30) Business Days.
4. 23.4Nothing in this Clause restricts a complainant’s right to approach a competent regulatory authority or court.

24. How to contact us

Perfect Care Foundation
WS-17, Sector 16-B, North Karachi Industrial Area, Karachi, Sindh, Pakistan

Email: info@pcf.org.pk
Telephone: 021-36924455

Constitution: not-for-profit association licensed under Section 42 of the Companies Act, 2017
Corporate Universal Identification Number: to be confirmed

Correspondence is attended to between 10:00 and 17:00 Pakistan Standard Time, Monday to Friday, excluding public holidays notified by the Government of Pakistan.