Terms & Conditions
Terms & Conditions Notice
Last Modified: [May 1, 2020]
a. The domain http://www.Bazaarbie.com including any web-pages thereof is the web-site (“Website”) of Zixon Enterprises Private Limited (hereinafter “Bazaarbie”, “we”, “us” or “our”) having its registered office at Sardhana, Meerut 250342, India.
Bazaarbie Mobile Applications ("Bazaarbie," "Bazaarbie.com," "us," "we," "our,"), a service from Bazaarbie, and its affiliates ("seller," "sellers," "merchant," "merchants," "business," "businesses," "vendor," "vendors") operate as subject to the Terms & Conditions Notice given hereunder. By visiting us at Bazaarbie.com, you ("your," "user," "users," "buyer," "buyers," "customer," "customers") accept these Terms & Conditions Notice. Please read them carefully. When you use any current or future Bazaarbie service (e.g. your account or profile, gift certificates, your reminder service, etc.) or visit/purchase from any business affiliated with Bazaarbie, whether or not included in Bazaarbie, you will be subject to these guidelines for such services or business. These Terms & Conditions Notice supersede all previous representations, understandings or agreements in variance with any other terms of any service or order provided by Bazaarbie. By shopping or using other Bazaarbie services you agree to be bound by these Terms & Conditions Notice. All products or services and information displayed on Bazaarbie constitute an "invitation to offer." Your order of purchase constitutes your "offer," which shall be subject to Terms & Conditions Notice as listed below. Bazaarbie reserves the right to reject or accept your offer at any time or under any circumstances. This electronic record is generated by a computer system and does not require any physical or digital signatures.
When you visit Bazaarbie or send emails to us or provide your feedback, it clearly states that you are communicating with Bazaarbie electronically. In return you are providing your consent to receive communications from Bazaarbie electronically. Our representatives shall communicate with you via email or by posting notices on Bazaarbie. You agree that all the agreements, notices, disclosures, and other communications that we provide to you electronically satisfy legal requirement that such communications be in writing.
a. Your access and use of the website and/or app signifies that you have read, understand, and agree to be bound by these Terms & Conditions Notice, whether or not you are a registered user of Bazaarbie, and is subject to your compliance with these Terms & Conditions Notice. Bazaarbie reserves the right to change, add, or delete any portions of the Terms & Conditions Notice from time to time without liability or prior notice to you. Your continued use of the website and/or app constitutes your acceptance of the agreement with all such changes. It is your responsibility to regularly check the website or app to determine if there have been changes to the Terms & Conditions Notice and to review such changes. If you do not agree to abide by these or any future Terms & Conditions Notice, please do not access or use (or continue to access or use) the website or app. In addition, Bazaarbie may post additional terms, conditions, rules, or requirements related to the website and/or app and/or the services and features of either.All such terms, conditions, rules, or requirements are/or will be incorporated by reference into these Terms & Conditions Notice and you agree to be bound by and subject to them. At its sole discretion, Bazaarbie also may offer other services or features governed by different Terms & Conditions Notice. If required by any Indian laws, the modified or revised Terms or any policy/policies shall be applicable to any products purchased prior to such modification or revision becoming effective.
b. Use of the Website is available only to persons who can form legally binding contracts under Indian laws. All persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 cannot use the Website. For example if your age is below 18 years or you are an un-discharged insolvent you are prohibited to use this Website or purchase any products from this Website or enter into any form of contract with Bazaarbie. The Website is also not available to persons whose membership has been suspended or terminated by Bazaarbie for any reason whatsoever. As a minor, if you wish to purchase any item, such purchases are to be completed by a parent or legal guardian who has already registered as a user of Bazaarbie or can use Bazaarbie as a guest user. Bazaarbie reserves the right to terminate your registration and refuse to provide you with access to Bazaarbie if it is brought to Bazaarbie's notice or if it is discovered that you are under age of 18 years.
c. You acknowledge that these Terms, policy/policies including any modification(s) thereof constitute a valid contract between you and Bazaarbie, even though it is in electronic form and is not physically signed by you and Bazaarbie. Thus you acknowledge and agree that by mere use of the Website, you shall be contracting with Bazaarbie and these Terms and various policies will be binding upon you.
In case of any conflict between Terms and any policy the provisions of such policy shall prevail.
d. If Indian courts, for any reason hold any of the condition of the Terms or policy/policies as invalid, void or unenforceable, to any extent or in any particular context, such condition of the Terms or policy/policies only shall be deemed to be severed/deleted only for such limited extent/context as determined by the Indian court provided however that, in such event these Terms or any policy shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by Indian laws, to the meaning and intention of the excluded condition of the Terms or policy/policies as determined by such Indian court and the validity and force of the remainder of this Agreement shall not be affected.
e. Except where additional terms and conditions are provided which are product specific, these Terms shall supersede all previous representations, understandings, arrangements or agreements.
g. If you have any queries about the Terms, various policies or have any comments, suggestions or grievances on or about our Website, please mail us your query at [email protected]
CHANGES TO WEBSITE CONTENTS:
a. Bazaarbie, its consultants, contracted parties, technology partners make no representations or warranties about the accuracy, reliability, suitability, timeliness, up-gradation and/or wholeness, of any content, graphics, images, information, software, text, audio, video, links or communications provided on or through the use of the Website or that the operation of the Website will be error free. While Bazaarbie uses reasonable efforts to keep the Website accessible and error free, but Bazaarbie cannot guarantee the same.
b. Changes are periodically made to the Website, product(s) and to the price/information/contents of the Website. Bazaarbie and/or its respective suppliers may make improvements and/or changes in the Website, product(s) at any time without any prior intimation or any liability to anyone.
a. You agree and accept, interalia, the following:
i You will abide by all intellectual property right notices, information, and restrictions contained in or associated with any of the products or the Website content;
ii Any products sold by Bazaarbie, its affiliates, any contractors, will be used by you for lawful purposes only and intended use of the products shall comply with all applicable Indian laws.
iii You shall monitor and restrict use of Internet by minors including minor’s access to the Website. You accept full responsibility for any unauthorized use of the Website by the minors including use of your credit card(s), debit card(s) or other payment instrument (e.g. PayPal) by minors to place any orders on Website. For avoidance of doubt, a minor means person who has not completed 18 years of age.
b. You agree and accept that, amongst others, you shall not, directly or indirectly:
i Breach any applicable Indian laws or these Terms while using the Website, purchasing any product through Website ;
ii Access the Website using a false identity or on behalf of anyone else other than yourself.
iii Use Bazaarbie's Website or its product(s) for non-personal use or for commercial use For example: use of the contents on the Website for any advertisement or solicitation or for gathering or transferring products purchased from Website for further sale.
iv Portray Bazaarbie, its product(s) in an offensive, hateful, defamatory, inaccurate or false manner.
v Commit or omit to do anything which will adversely tarnish goodwill or reputation of Bazaarbie, its associates, contracting parties, suppliers/designers, vendors etc.;
vi Gain or attempt to gain any unauthorised access to the Website or interfere with or attempt to interfere with any person’s use or enjoyment of the Website or any parts thereof or disrupt or attempt to disrupt in any way the operation of the Website or any parts thereof;
vii Create or submit a submission including any View that is unlawful, grossly offensive, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable Indian laws, rules, regulations or regulatory guidelines under the laws of India or that infringes or violates other parties' privacy rights or links to infringing or unauthorized content or pornographic content.
viii Send on behalf of Bazaarbie spam, chain-letters, pyramid schemes or any other unsolicited or unauthorized advertising or promotional materials to anyone including existing customers/vendors of Bazaarbie or users of the Website;
ix Harass, bully, stalk, harm, defame or disparage or otherwise cause mental or physical distress or injury to anyone, or engage in any other unlawful or objectionable conduct while using the Website, purchasing any product through the Website;
xi Violate any of the intellectual property rights or proprietary rights of Bazaarbie, its licensors, its associates, contracted parties, or any third party, etc. while using the Website, purchasing any product through the Website;
xii Use software or applications such as bots, crawlers, spiders, offline readers or other automated systems to access or use the Website for illegitimate purpose or for gain or attempt to gain any unauthorised access to the Website or interfere with or attempt to interfere with any person’s use or enjoyment of the Website or any parts thereof or disrupt or attempt to disrupt the operation of the Website or any parts thereof. For avoidance of doubt, Bazaarbie reserves its right to prevent anyone from using such software or application even if these software or applications are harmless;
xiii Misrepresent or suggest, whether expressly or impliedly, about your association with Bazaarbie as anything other than the user of Website or purchaser of Bazaarbie's product(s);
xiv Transmit any material that contains adware, malware, spyware, software viruses (such as time-bombs, cancel-bots, worms, trojan horses), or any other computer code, files, or programs designed to interfere, disrupt, interrupt, destroy, or limit the functionality of the Website, any computer software or hardware or telecommunications equipment of Bazaarbie;
xv Remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation to geo-IT filtering and/or encryption) associated with the Website or any Website features.
x Use the Website or purchase any product through Website Bazaarbie to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material, data or information, whether personally identifiable or not, posted by or concerning any other user of the Website;
Disclaimer of the Warranties & Limitation of Liability
Bazaarbie has made this service available to use as a matter of convenience. Bazaarbie expressly disclaims any liability arising out of the uploading of any obscene, vulgar, or pornographic images, or altering or distorting of images available under this service in an obscene manner.
Bazaarbie also disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability and/or fitness for particular purpose. Bazaarbie does not warrant that sites or applications, servers, or email sent from Bazaarbie are free of viruses or harmful components. Bazarbie will not be liable for damages of any kind arising from use of sites or applications, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Service(s) of Bazaarbie is/are provided on an "as is" basis without warranties, whether expressed/implied. Bazaarbie doesn't warrant or represent maintaining confidentiality of information, although Bazaarbie's current practice is to ensure reasonable efforts to maintain maximum confidentiality. It is clearly understood by users that all warranties and after sales services, expressed or implied, take place directly between vendors and customers as per terms of sale by vendor.
Bazaarbie is associated with all of our merchants for the supply and also service of goods directly to the customers. Bazaarbie is the marketplace in which its merchants' products are sold. After sales service and given warranty for products sold by our merchants, as duly applicable for respective products, will be undertaken and even handled by the respective merchants or through individual service centers.
Bazaarbie assumes no liability whatsoever for monetary or other damage suffered on account of:
The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of services;
Any interruption or errors in operation of services. You expressly understand and agree that Bazaarbie shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages. These include but are not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Bazaarbie has been advised of the possibility of such damages).
Users agree and acknowledge that users shall solely be responsible for users' conduct and that Bazaarbie reserves the right to terminate rights to use our service immediately. In no event shall Bazaarbie or its affiliates, consultants, employees, agents, or contracted companies be liable for any direct, incidental, indirect, punitive, special, consequential or any other damages whatsoever, without limitation, including damages for loss of use, data, or profits. Such damages include those arising out of or in any way connected to the use of or performance of Bazaarbie's site, application, or services, such as interrupted communications, delays, lost data, or lost profits arising out of or in connection with this agreement. Bazaarbie therefore neither offers nor endorses any judgment or warranty and accepts no responsibility for the availability or authenticity of any goods or services, or for any damage, loss, or harm..
Notwithstanding anything that is contained herein, Bazaarbie acts only as a booking agent or platform to facilitate or integrate transactions between buyers and sellers and shall in no way be responsible for the quality of products, damages, expenses, losses and/or taxes incurred by users for products, or if vendors, affiliates, or merchants are not able to service the orders of any user for any reason, or any misrepresentation of any sort by vendors, affiliates, or merchants. In no event shall Bazaarbie , its directors, officials, representatives, or employees be liable for any damages or claims related to products sold through its platforms. All prices, unless indicated otherwise, are in currency and Bazaarbie reserves the right to enhance currency offerings or limit currency offerings at any time without notice.
Bazaarbie shall not be liable for any delay or non-delivery of purchased goods by sellers due to floods, war, fires, natural disasters, acts of God, or any cause that is beyond control of Bazaarbie . It is therefore advisable that you place orders well in advance.
Bazaarbie and its affiliates reserve the right to cancel orders for products using sole discretion for any reason, which may include but is not limited to the product being out of stock, or for any other reason without any intimation to the user. Bazaarbie reserves the right to refuse or cancel orders placed for any product that is listed with an incorrect price that may be higher or lower than the published price. Cancellations may occur regardless of any order that has been confirmed or payment levied via credit card or other means. In the event payment has been processed by Bazaarbie the refund amount shall be credited to your credit card or bazaarbie cash, and you will be notified accordingly by email.
In the instance of debit or credit card transactions, you must use a debit card or credit card that is issued in the name of the user. Bazaarbie will not be liable for potential credit or debit card fraud.
Liability for fraudulent debit card, credit card, or net banking transactions shall lie solely upon the user to "prove otherwise."
All the products are accordingly screened and assured by vendors to completely ensure that products are of the composition, standard, quality, style, or model of/in which they are represented and displayed on Bazaarbie on behalf of the vendor. All and any additional information or description for/of a product that is displayed on Bazaarbie on behalf of the vendor is as provided to Bazaarbie by the aforementioned vendor. Bazaarbie does not take responsibility for any incorrect or inaccurate display of a product's information.
You cannot ask from Bazaarbie any special, incidental, indirect or consequential damages or compensation of any kind, for any reason, including but not limited to: any issue with courier companies or our delivery partners or their personnel;
With respect to reversal/refund of any payment by Bazaarbie under Section 7(b), Section 7(c) and Section 7(d), Bazaarbie will give necessary instructions to the payment gateway within 5 working days. It is pertinent to note that the payment gateways may take upto a month to credit such amount to your account.
Bazaarbie shall not be liable to you for any direct or indirect, punitive, incidental, special, consequential or exemplary loss suffered by you due to non-acceptance of your offer to purchase the products or delay in refund of your money or delay in informing you about non-acceptance of your order.
Use of Bazaarbie is available only to persons who can form legally binding contracts under the Contract Act, 1872. Persons who are considered "incompetent to contract" as defined in the Indian Contract Act, including minors, un-discharged insolvents, etc., are not qualified to use Bazaarbie . Minors (i.e. persons being under the age of 18 years) are not permitted to register as users of Bazaarbie and shall not purchase any of the items displayed on the application or website by vendors.
Users agree, undertake and confirm that goods purchased by placing an order on all platforms of Bazaarbie are purchased for personal consumption or use by you, and/or your family members, and/or your friends, and that such goods may not be re-sold by you.
Business entity registration: If you are registering as business entity, you represent that you are duly authorized by the aforementioned business entity to accept these Terms & Conditions Notice and that you have authority to bind that business entity to these Terms & Conditions Notice.
The logo or image of Bazaarbie on the homepage of its website, mobile site, application, or any other location as used in communication to users is registered by Bazaarbie and may not be used, communicated, or distributed without first obtaining the express written consent of Bazaarbie .
License & Site Access
Bazaarbie grants you a limited license to access and make personal use of its websites, mobile sites, and applications, and not to download (other than the page caching) or modify it or any of the portion of it, except in the case that Bazaarbie gives consent for the same. License does not include any re-sale or commercial use of the site or its contents; any collection and use of any product listings, descriptions, or prices ; any derivative use of these websites, mobile sites, or the application or its contents; any downloading or copying of account information for benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. These sites or applications or any portion of these sites or applications may not be reproduced, extraction, duplicated, sold, re-sold, copied, visited, or otherwise exploited for any commercial purpose without the express written consent of Bazaarbie . You may not frame or use any framing techniques to enclose any of the trademark, logo, or any proprietary information (including page layout, images, text or form) of Bazaarbie and our affiliates without express written consent. You may not use any meta tags or any other "the hidden text" and Bazaarbie's name or our trademarks without the express written consent of Bazaarbie. Any unauthorized use terminates the permission or license granted by Bazaarbie. You are granted a limited, non-exclusive, and revocable right to create any hyperlink to the homepage of bazaarbie.com as long as the link does not portray the services or products of Bazaarbie or its affiliates in a false, derogatory, misleading, or otherwise offensive matter, or as you having the right to ownership of the same in any form. You may not use our trademark, or any Bazaarbie logo or other proprietary graphic as part of link without express written consent and our acceptance
It is clarified that limited licence to access Website shall exclude:any extraction, reproduction, duplication, downloading or copying in any manner, any Information, either in whole or in part, including account details of Bazaarbie's employees/ customers/suppliers/designers/models for sale, resale or for the benefit of third parties by you;
Bazaarbie reserves itself right to temporarily or indefinitely suspend or terminate your membership and refuse to provide you with access to the Website without any liability if you make any unauthorised use of the Website or breach these Terms or any policy or violate any applicable Indian laws while accessing Website or purchasing products from Bazaarbie.
ACCESS TO WEBSITE:
a. Website and/or any facilities made available on the Website, in whole or partially, may not be available from time to time for any reason including, without limitation, upgrading of the Website/technology, introduction of new product(s), computer resource repairs and Website maintenance, etc.
b. In no event shall Bazaarbie be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
i use or the inability to use or delay in use of the Website;
ii unauthorized access to or alteration of the user's transmissions or data;
iii any other matter, including without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website;
iv provision of or failure to provide access to Website or any information, products through the Website;
v non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or pursuant to directives from government authorities or for any reason beyond Bazaarbie's control.
c. Interruptions in the Website shall not serve as a basis to terminate your subscription, purchase order or demand in full or partial refund of any payment made or any reductions in future payments to be made.
USER ACCOUNT, PASSWORD, SECURITY AND COMMUNICATION:
a. Please ensure that the details provided to us during registration process for your user account or while placing an order as a guest are correct and complete.
b. Registered users are requested to update any account information to enable us to serve you better.
c. If you are registering as a business entity (i.e. limited company, partnership, limited liability partnership, trust, society, association of persons, etc.), you represent that you have the authority to bind such entity which you are representing with these Terms.
d. You will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Website to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity.
e. If you use Bazaarbie,You are solely responsible for maintaining the confidentiality of the password and account details. You shall be fully responsible for all activities that occur through your account. Bazaarbie shall not be liable to any person for any loss or damage arising as a result of your failure to maintain confidentiality of your account details, password and even comply with these Terms.
f. You will ensure to exit/sign off from your account at the end of each session.
g. If you know or suspect that there has been an unauthorised use of your account or password you shall immediately notify Bazaarbie at [email protected]
h. If Bazaarbie has a reason to believe that there was an unauthorised access of your account or misuse of the Website, we may, for security reasons either (i) request you to change your password or (ii) we may suspend your account without any liability to Bazaarbie.
i. You understand that Bazaarbie will never ask you to disclose or share your password. Please ignore any such e-mail or correspondence requesting disclosure of your password.
j. You also agree and confirm as under
(i) While registering yourself or while placing an order as a guest, you shall provide accurate, correct, complete and up to date information about yourself as requested over the Website. Please note that sale of product(s) to be rendered to you will be dependent upon the Information provided by you. Thus Bazaarbie will not be responsible if the information provided by you is inaccurate, false, incomplete or not up to date;
(ii) Bazaarbie has the right to verify and confirm the Information provided by you at any time. If upon verification it is found that the Information shared with Bazaarbie either as a registered user or a guest, is inaccurate, false, incomplete or not up to date in accordance with the Terms, Bazaarbie reserves the right to:-
Where you are a registered user: Temporarily or indefinitely suspend or terminate your membership and refuse to provide you with access to the Website without any liability; and/or Reject your purchase order or stop delivery of the products, without any liability;
Where you are a guest user: Reserves the right to reject your purchase order or refuse to deliver the products to the address provided by you without any liability;
Bazaarbie and our affiliates have the right to cancel any order or service by/to any user at any time. Bazaarbie and our affiliates reserve the right to terminate accounts, refuse service, remove or edit content, or cancel orders any time at our sole discretion.
Bazaarbie does sell products for children, but it sells them to adults, who can purchase said products using their credit card or other monetary means on behalf of children. If you are under the age of 18 years old, you may use Bazaarbie only with the involvement of your parent or legal guardian.
Bazaarbie is associated with all of our merchants for the supply and also service of goods directly to the customers. Bazaarbie is the marketplace in which its merchants' products are sold. After sales service and given warranty for products sold by our merchants, as duly applicable for respective products, will be undertaken and even handled by the respective merchants or through individual service centers.
Material Submitted by Users
Certain elements of Bazaarbie websites, mobile sites or applications will contain material submitted by users. Bazaarbie accepts no responsibility for the accuracy, nature, or conformity to applicable laws of any of such material.
Reviews, Comments,Feedbacks, Communications, & other Contents
a. Visitors may post reviews,feedbacks comments, and other content, and submit suggestions, comments, ideas, questions, or any other mentioned information, as long as the content is not violating any Indian laws ,invasive of privacy, threatening, obscene, defamatory, infringing on intellectual property rights, or otherwise injurious or objectionable to any third parties, does not consist or contain any software viruses, political campaigning, mass mailings, commercial solicitation, chain letters, or any form of "spam." You may not use any false email address, impersonate any person or entity, or otherwise mislead users pertaining to your personal identity.
b. For avoidance of doubt, Views on the content of the Website, products, etc. are individual opinions of the visitors based on their knowledge or experience. Thus these Views are personal opinions of the author. Bazaarbie neither subscribes to them nor does Bazaarbie assume any responsibility or liability for the same.
c. You represent and warrant that the Views submitted on the Website are your personal Views and do not violate any Indian laws or do not hurt any person or entity including that the Views are not defamatory. If you provide Views which violate Indian laws or are contrary to these Terms, Bazaarbie, without any liability or prior intimation, reserves the right (but not an obligation) to remove, delete, edit or refuse to retain on Website any such View that in the sole judgment of Bazaarbie violates these Terms or any Indian laws. Bazaarbie may, if deemed fit, even suspend your access or deny you an access to the Website.
Bazaarbie regularly reviews and monitors content posted by users and reserves the right (but not obligation) to publish and delete content. Bazaarbie encourages users to engage and communicate within the app by liking, sharing, and following, but there is no tolerance for any kind of objectionable content. Users may report any inappropriate content they encounter by emailing Bazaarbie at [email protected] Necessary action will be taken within 24 hours of the information's receipt. Such action my include deleting content, suspending a user's account, or any other appropriate legal actions.
If you post content or submit material, until and unless we indicate otherwise, you grant Bazaarbie and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, distribute, publish, translate, create derivative works from, and display such content throughout the world in any media. Bazaarbie and its affiliates retain the right to use the name that you submit in connection with such content, if they so choose. You represent and also warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate any Bazaarbie policies and will not cause injury to any person or entity, and that you will indemnify Bazaarbie or any of its affiliates for all the claims resulting from content that you supply. Bazaarbie also has the right but no obligation to monitor, as well as edit and/or remove any activity or content. Bazaarbie neither takes any responsibility nor assumes any liability for the content posted by you or any third party.
d. You agree to indemnify Bazaarbie and its associates, consultants, contracted parties, etc. for any claim against Bazaarbie or its associates due to posting of Views on the Website in breach of these (i) Terms or (ii) any of these representation or warranties or (iii) any applicable Indian laws.
Suspension due to Non-Compliance with Agreement
Notwithstanding other legal remedies that may be available to Bazaarbie, Bazaarbie may at its sole discretion limit user activity by immediately removing the user temporarily or indefinitely, suspending or terminating the user's membership, and/or refusing to provide the user with the access to sites or applications if:
The user is in breach of Bazaarbie's Terms & Conditions Notice as the result of any usage;
The user has provided incomplete, inaccurate, or incorrect information;
The user attempts to defraud Bazaarbie by using functionalities on its websites, mobile sites, or applications;
Your actions cause harm, damage or any loss to other users or Bazaarbie
Illegal or unauthorized use of the Bazaarbie's websites, mobile sites, or applications, including any unauthorized framing or linking to Bazaarbie, will be investigated. Such an investigation may lead to the subsequent pursuit of appropriate legal action, including and without any limitation, civil, injunctive redress.
Risk of Loss
All Bazaarbie orders are made pursuant to our shipment contract. The contract stipulates that the risk of loss and also title for such items will be passed to you upon delivery to the carrier by the vendor.
Bazaarbie and its affiliates attempt to be as accurate as possible. However, Bazaarbie doesn't warrant that product descriptions, prices, given amounts or other content on Bazaarbie are accurate, complete, error-free, and reliable. If a product offered by an affiliate on Bazaarbie websites, mobile sites or applications is not as described, your sole remedy is to return it in unused/new condition.
The selling price, list price, offer price, MRP, or MOP displayed for products on our websites, mobile sites, or applications represent full in detail retail price listed on the product itself, and suggested or offered by manufacturer or the supplier or one of merchants or affiliates, or estimated in accordance with the standard industry practice and/or estimated in retail value for comparably featured item offered else anywhere. The selling price, list price, offer price, MRP, or MOP is a comparative price estimate and may or may not represent prevailing price in every area on any particular day. For certain items that are offered as a set, pack, combo or arrangement, selling price or list price may represent an "open-stock" price, which is determined by the aggregate of manufacturers' price estimations or any suggested retail price for each of the items included in the set, pack, combo, or arrangement. Final price will be applicable to the user's purchase and the required payment will be that which is displayed in the customer's shopping cart. This price may be inclusive or exclusive of any other charges in Bazaarbie's Terms & Conditions Notice.
Statutory taxes: In the event of any applicable taxes being levied on the seller, it is the seller that is responsible for meeting all of the statutory obligations toward the same, which inter-alia, include the deposit of all applicable taxes and any of the short taxes collected from the customer with authority of government.
Part of Bazaarbie websites, mobile sites, and applications contain advertising or other materials submitted to Bazaarbie by third parties. Responsibility for ensuring the materials submitted for inclusion on Bazaarbie platforms comply with applicable international and national law is the sole responsibility of advertisers and other content providers. Bazaarbie will not be responsible for any of the claims, errors, or inaccuracies in the advertising material. Bazaarbie reserves the right to omit, or change the position of any advertising material submitted for insertion.
a. You shall indemnify and hold harmless Bazaarbie and its affiliates, third parties, subsidiaries, , associates, consultants, contracted parties, etc., and their respective officers, directors, agents and employees from any claim, demand, actions, or penalties, including the reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, Terms & Conditions Notice, laws, rules, regulations or rights of the third party.
b. You hereby expressly release Bazaarbie and/or its associates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of Bazaarbie's suppliers, fashion designers, vendors, courier companies or other parties and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
Neither party will be held liable for any loss or failure to perform any obligation (other than your payment obligation where you are still receiving all or part of any products purchased under these Terms), due to events such as storms, tsunami, fire, floods, earthquake, outbreak of any contagious diseases, or any other acts of God or any governmental act or industrial dispute(s), strikes, labour unrest, civil commotion, riots, terrorist attack, war, poor environment/weather conditions, mechanical break-down, obstruction of any public or private road/highway, of any circumstances (other than insolvency of the party) beyond any party’s reasonable control (“Force Majeure event”).
If any dispute arises between you and Bazaarbie in connection with validity, interpretation, implementation, or alleged breach of any provision of the User Agreement and/or Terms & Conditions Notice, said dispute shall first be referred to a sole arbitrator who shall be an independent and neutral third party identified by Bazaarbie.
This site is created and controlled by Bazaarbie. The laws Republic of India apply in respect of all Terms & Conditions Notice and disclaimers. Bazaarbie reserves the right to make changes to the Terms & Conditions Notice and disclaimers at any time, without any notice to users of Bazaarbie services. Users are advised to regularly check for any amendments or updates to the Terms & Conditions Notice contained herein.
Any dispute or difference either in interpretation or otherwise, of any conditions of the Terms hereto, the same shall be referred to the courts in Meerut, which shall have exclusive jurisdiction
a. If you breach the Terms or any policy and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms or any policy.
b. Bazaarbie shall not be deemed hereby to have given any authorisation or deemed to have waived any rights or remedies it may have in law or equity or under these Terms or under any policy, unless and only to the extent, it does so by a specific writing signed by a duly authorized officer of Bazaarbie.
INFRINGEMENT OF INTELLECTUAL PROPERTIES:
a. The contents on the Website shall also contain information provided by Bazaarbie's suppliers, fashion designers, vendors or other parties whose merchandise Bazaarbie invites you to purchase. Generally Bazaarbie tries to verify the information coming from its suppliers, vendors, fashion designers, etc. before publishing it on the Website. However on certain occasions, Bazaarbie may have to take such information on face value and publish it without any further verification. Thus if any of the material is found to be objectionable or is found to have violated any intellectual property rights, the responsibility of this would be with Bazaarbie’s suppliers, vendors, fashion designers, etc. who provide Bazaarbie with information as well as merchandise.
b. Bazaarbie respects the intellectual property rights of others and expects its users to do the same. In particular, if you are an intellectual property owner and believe that any content on the Website infringes upon your intellectual property rights, you may submit a Notice Form of the same to [email protected] or write to us at the address mentioned in ‘Notice’ clause. with the following information in writing:
i A physical or digital signature of a person authorized to act on behalf of the owner of an intellectual property right that is allegedly infringed.
ii A legibly scanned copy of the relevant registration certificate obtained from the relevant authority or evidence relating to the claim of your ownership in the intellectual property for which you (the complainant) seek to enforce against the allegedly infringing work(s).
iii Identification of the intellectual property claimed to have been infringed, or, if multiple intellectual properties/works at a single online site is covered by a single notification, a representative list of such intellectual properties/work at that site.
iv Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an e-mail is the best way to help us locate the content quickly.
v Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
vi A statement that the complaining party has a good faith in belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
vii A statement that the information in the Notice Form is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
c. Before you file such a Notice Form, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and Attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an Attorney.
Important Warning: giving false, misleading or inaccurate information in the Notice Form to Bazaarbie may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to Bazaarbie the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Bazaarbie for all claims brought by a third party against Bazaarbie arising out of or in connection with the submission of a Notice Form.
Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on Bazaarbie and are posted solely at the direction of Third Party Sellers.So Seller assumes all responsibility for the products listed and sold . If you want to report an intellectual property right violation of any product, please Contact Us.
NOTICES AND COMMUNICATION:
a. Any notice to Bazaarbie under this Agreement may be delivered by prepaid post to following address Zixon Enterprises Private Limited,Sardhana, Meerut 250342. E-mail: [email protected]
b. Bazaarbie shall send notices to you electronically to the e-mail address provided by you or may send a physical notice either by recognized courier service or prepaid post to the address provided by you. For avoidance of doubt, it is clarified that sending of notice by Bazaarbie either by e-mail or prepaid post/courier service shall be deemed to be valid and effective service of notice by Bazaarbie.
c. Without prejudice to clause 16(b) above, you will be required to provide a valid phone number while placing an order with us. Bazaarbie may communicate with you either by e-mail, short message services (SMS), phone calls or by posting notices on the Website or by any other mode of communication to fulfill your order. Thus for contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order or any offers or promotions.
a. Bazaarbie requests you to abstain from referring bazaarie to your friends or relatives who do not wish to purchase our products.
b. Bazaarbie requests you to abstain from providing wrong, invalid or fictitious e-mail address and thereby cause Bazaarbie send invitations to wrong recipients. You agree to indemnify Bazaarbie for any harassment claim made against Bazaarbie due to such wrong, invalid or fictitious e-mail addresses provided by you.
c. In addition to the Terms and various policies, Bazaarbie reserves to set out separate terms and conditions for any gift vouchers, offers or discounts offered by Bazaarbie on any of its product(s).
d. In case of a conflict in the Terms, the decision of Bazaarbie shall be final and concluding, and you irrevocably withdraw your right to make any claim or demur on this ground.
e. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer resource or loss of data that results from the download of such material and/or data.
f. In case of any grievances with respect to (i) the Website or any contents of the Website please contact us by sending e-mail to com [email protected] ; or (ii) products purchased on the Website, please contact us by sending email to [email protected]