Bazaars

USER AGREEMENT & PRIVACY POLICY

1. Introduction

This User Agreement sets out the terms on which the Bazaars app offers you access to and use of its sites, servers, applications, and tools (collectively 'Services'). You agree to comply with all the terms when accessing or using the Services.

Irrespective of where you reside, you are entering into a contract with Bazaars Limited BVI.

2. About Bazaars App

Bazaars is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations.

Bazaars does not have possession of anything listed or sold through Bazaars and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller. Bazaars is not a party to the transaction.

While the Bazaars app may provide pricing, postage, listing and other guidance in its Services, such guidance is solely informational, and you may decide to follow it or not. Bazaars does not review users' listings or content. While Bazaars may help facilitate the resolution of disputes through various programmes, Bazaars has no control over, and does not guarantee the existence, quality, safety, or legality of, items advertised; the truth or accuracy of users' content, listings, or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will complete a transaction or return an item.

3. Using Bazaars App

In connection with using or accessing the Services you will not:

• post, list or upload content or items in inappropriate categories or areas on the app;

• breach or circumvent any laws, third-party rights or Bazaars’s systems or policies;

• sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;

• use the Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using the Bazaars app;

• fail to pay for items purchased by you, unless you have a valid reason as set out in the Bazaars’s policy, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller;

• fail to deliver items sold by you, unless you have a valid reason as set out in Bazaars’s policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;

• manipulate the price of any item or interfere with any other user's listings;

• post false, inaccurate, misleading, defamatory, or libellous content;

• take any action that may undermine the Feedback or ratings systems;

• use the contact information of other users for any purpose other than in relation to a specific Bazaars’s transaction;

• distribute viruses or any other technologies that may harm the Bazaars app, or the interests or property of Bazaars’s users;

• use any robot, spider, scraper or other automated means to access the Services for any purpose;

• interfere with the working of the Services, or impose an unreasonable or disproportionately large load on Bazaars’s infrastructure;

• infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Bazaars;

• infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;

• harvest or otherwise collect information about users, without their consent; or

• circumvent any technical measures Bazaars uses to provide the Services.

If you are registering with the Bazaars app as a business entity or on behalf of a business entity, you represent that you have the authority to legally bind that entity.

You agree that Bazaars will commence supplying Services to you as soon as you accept this User Agreement.

You can cancel this User Agreement by uninstalling the Bazaars app.

Bazaars reserves the right to vary or terminate all or part of its Services and/or not provide all or part of its Services to anyone for any reason and/or period of time, at its discretion.

4. Abusing Bazaars

Without limiting other remedies, Bazaars may limit, suspend, or terminate your user account(s) and access to the Services, restrict or prohibit access to, and your activities on, the Services, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, and take technical and legal steps to keep you from using the Services if:

• Bazaars thinks that you are creating problems or possible legal liabilities for it, its users, suppliers or other third parties;

• Bazaars thinks that such restrictions will improve the security of the Bazaars community or reduce its or another Bazaars’s user's exposure to financial liabilities;

• Bazaars thinks that you are infringing the rights of third parties;

• Bazaars thinks that you are acting inconsistently with the letter or spirit of this User Agreement or its policies or abuse its employees or users;

• you fail to make, or it is evident that you are unable to make, full payment of any fees due for the Services by your payment due date.

When a buyer or seller issue arises, Bazaars may consider the user's performance history and the specific circumstances in applying its policies. Bazaars may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.

5. Fees

Seller fees for using the Services are provided at time of listing. Bazaars may change its fees or introduce new fees from time to time by sending you a notification.

If you are a seller, you are liable for transaction fees arising out of all sales made using some or all the Services, even if sales terms are finalised or payment is made outside of the Bazaars app.

Seller fees don't purchase exclusive rights to item exposure on the Bazaars app. Bazaars may display third party advertisements (including links and references thereto) or other content in any part of its Services, at its sole discretion.

6. Listing Conditions

When listing an item, you agree that:

• you are responsible for the accuracy, content and legality of the item listed and agree not to list any prohibited items in your location;

• your listing may not be immediately searchable by keyword or category for up to 24 hours. Bazaars does not guarantee exact listing durations;

• unless otherwise specified by law, you are responsible for all taxes (including but not limited to the tax amount itself, as well as any penalties, fines, charges, or late payment interest) related to your sales on the Bazaars app, where applicable, and you agree to use the Services in accordance with your local tax laws;

• content that violates any of Bazaars’s policies may be modified, obfuscated or deleted at its discretion;

• Bazaars may revise product data associated with listings to supplement, remove, or correct information;

Bazaars is striving to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:

o buyers' location, search query, browsing site and history;

o item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;

o seller's history, including listing practices, seller ratings; and

o number of listings matching the buyer's query

• to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer;

7. Purchase Conditions

When buying an item, you agree that:

• you are responsible for reading the full item listing before making a commitment to buy;

• you enter into a legally binding contract to purchase an item when you commit to buy an item;

• for motor vehicles and real estate (property), a bid or offer is not binding, but expresses a buyer's serious interest in the item.

Buyer requested cancellations

Buyers can request to cancel an order within one hour of their purchase and the seller will have 3 days to accept or decline the request. If the seller declines the cancellation request, or already posted the order, buyers will need to wait until they receive the item and then decide if they want to start a return. Sellers can also cancel orders in certain circumstances up to 30 days after the sale.

Buyer requested returns

Buyers can request to return an item. Bazaars has the right to accept or decline the request. Any money back will exclude postage and crypto transaction fees.

8. International buying, selling and translation

Bazaars is location agnostic. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.

You authorise Bazaars to use automated tools to translate your Bazaars content and member to member communications, in whole or in part, into local languages where such translation solutions are available. Bazaars may provide you with tools which will enable you to translate content at your request. The accuracy or availability of any translation is not guaranteed.

9. Content

When providing Bazaars with content (including causing content to be posted using the Services), you grant Bazaars a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including, without limitation, creating and using derivative works). Bazaars may in particular use your content, including any photographs you upload, for marketing and promotional purposes. This includes (i) offering it to other sellers to use in their listings, and (ii) displaying it to other users as part of the browsing experience. Bazaars will also be allowed to keep a copy of any content (including photographs) you upload in Bazaars’s product catalogue for subsequent use for these purposes. You authorise Bazaars to exercise all copyright, trademark, publicity, database, or other intellectual property rights you have in or to the content in any media known now or developed in the future for these purposes. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against Bazaars, its sublicensees or its assignees.

Bazaars may offer catalogue and/or product data (including images, descriptions and specifications) that are provided by third parties (including Bazaars users).

Bazaars tries to offer reliable data but cannot promise that the content provided through the Services will always be available, accurate, complete, and up to date. You agree that Bazaars is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not hold or attempt to hold Bazaars or its product data providers liable for inaccuracies. If you choose to use catalogue content and/or product data in connection with your listings, you agree to ensure that the content directly associated with your listings is and remains accurate, and that you continue to fully comply with this User Agreement. The catalogue and product data include copyrighted, trademarked, and other proprietary materials. You agree not to remove any copyright, proprietary or identification markings in the catalogue or product data or create any derivative works based on that data (other than by including the data in your listings).

The name "Bazaars" and other Bazaars marks, logos, designs and phrases that Bazaars uses in connection with its Services are trademarks, service marks, or trade dress of Bazaars.

10. Data protection and Privacy

• You and Bazaars shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller.

In no event will Bazaars and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection laws.

• You shall comply with your obligations under applicable data protection laws (including but not limited to Regulation (EU) 2016/679 (EU General Data Protection Regulation "GDPR") and supplementing EU and local data protection laws. This includes, but is not limited to, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation.

• You shall process personal data received from Bazaars exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g., if a retention obligation applies).

• Failure to abide by the aforementioned obligations may result in disciplinary action up to and including account suspension.

• As part of the Services, Bazaars has access to various information about users, including personal data. This includes information that users submit to Bazaars as part of the Services (such as contact information or item descriptions) as well as information that is generated by the provision and processing of the Services (such as ratings, sales analysis or communication). Bazaars tries to keep this to the minimum required to operate its Services.

• Via the Bazaars app, you receive information which is necessary for the processing of transactions, in particular, the contact information of the other user involved in a transaction.

• Bazaars only shares information about users with third parties if this is necessary for the provision of the Services.

• Upon expiry of this User Agreement, Bazaars will delete the information you provided, or which was generated through your use of the Services from your Bazaars account. Bazaars will generally maintain aggregated data generated using the Services (e.g., statistics about sales in a category) upon expiry of the User Agreement.

11. Additional Terms

Terms of Returns for the Seller

When an item is returned, you authorise Bazaars to reverse the refund amount (in the same or other currency) less the crypto transaction fees. If the buyer returns an item because it does not match the listing description, sellers will usually be responsible for return postage costs.

The cost of return shipping for an item that is not as described is the seller's responsibility.

You authorise Bazaars to include return postage charges when:

• returns and refunds have been automated; and/or

• you fail to send your buyer a return postage label and instead a Bazaars-generated label is used.

When a transaction is cancelled (and provided the transaction was not processed), and you choose to refund the buyer, you authorise Bazaars to refund the amount (in the same or other currency) from the seller's account to the buyer.

Bazaars Money Back Guarantee

Most Bazaars sales go smoothly, but if there's a problem with a purchase, the Bazaars Money Back Guarantee helps buyers and sellers communicate and resolve issues. This is part of this User Agreement and is incorporated by reference. You agree to comply with the policy and permit us to make a final decision on any case.

Where the seller is found at fault, Bazaars will notify the seller and charge the reimbursement amount to the seller.

Where Bazaars resolves a dispute in the buyer's favour, it will notify the seller and continue to charge the seller.

Correcting mistakes in payments to buyers and sellers

Bazaars reserve the right to fix any processing errors it discovers.

It will correct any processing errors by debiting or crediting the payment method used for the Bazaars Money Back Guarantee refund or reimbursement.

Global Shipping Programme

One of the ways Bazaars listings available to international buyers is through the Global Shipping Programme. Bazaars shipping partner will collect and ship the item to your buyer. For items that are purchased by international buyers through the Global Shipping Programme, buyers will pre-pay any applicable postage and import charges during checkout and will benefit from international tracking of the item from the shipping centre to delivery.

The terms of the Global Shipping Programme include, among other important provisions:

• a third-party agreement for the parcel processing, customs clearance, and international postage and tracking services, including your consent to the disclosure of certain personal information to third parties in connection with those services;

• an authorisation for third parties to act in your place to facilitate the export clearance of items that you sell through the Global Shipping Programme;

• an acknowledgment that you agree and are responsible for ensuring that your listings and items are compliant with applicable overseas laws and regulations;

• a description of the items that are ineligible for the programme and restrictions on the value, weights and dimensions of items that may be sold through the programme;

• a list of countries that are eligible for the programme; and

• policies governing the handling of lost, damaged and undeliverable items (including their possible disposal), returns, and the resolution of Bazaars Money Back Guarantee claims for items that you sell through the programme.

It will correct any processing errors by debiting or crediting the payment method used for the Bazaars Money Back Guarantee refund or reimbursement.

Global Shipping Programme

The terms of the Global Shipping Programme include, among other important provisions:

• an authorisation for third parties to act in your place to facilitate the export clearance of items that you sell through the Global Shipping Programme;

• an acknowledgment that you agree and are responsible for ensuring that your listings and items are compliant with applicable overseas laws and regulations;

• a description of the items that are ineligible for the programme and restrictions on the value, weights and dimensions of items that may be sold through the programme;

• a list of countries that are eligible for the programme; and

12. Liability

Bazaars tries to keep its Services safe, secure, and functioning properly, but it cannot guarantee the continuous operation of or access to its Services. Notification functionality in the Services may not occur in real time. Such functionality is subject to delays beyond its control.

Bazaars (including its directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by Bazaars arising, directly or indirectly from:

• your use of or your inability to use the Services;

• pricing, postage or other guidance provided by Bazaars;

• delays or disruptions in the Services;

• viruses or other malicious software obtained by accessing, or linking to, the Services;

• glitches, bugs, errors, or inaccuracies of any kind in the Services;

• damage to your hardware device from the use of any Service;

• the content, actions, or inactions of third parties, including items listed using the Services or the destruction of allegedly fake items;

• a suspension or other action taken with respect to your account or breach User Agreement;

• the duration or manner in which your listings appear in search results; or

• your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or Bazaars’s policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on Bazaars.

Bazaars cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide.

Regardless of the previous paragraphs, if Bazaars is found to be liable, its liability to you or to any third party is limited to the greater of (a) any amounts due under the Bazaars Money Back Guarantee up to the price of the item sold and its original postage costs, (b) the amount of fees in dispute not to exceed the total fees which you paid to Bazaars in the 12 months prior to the action giving rise to the liability, or (c) US$100.

Nothing in this User Agreement shall limit or exclude Bazaars’s liability for fraudulent misrepresentation, for death or personal injury resulting from Bazaars’s negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.

13. Compensation

You will compensate Bazaars in full (and its officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, incurred arising out of any breach by you of this User Agreement, your improper use of the Services or your breach of any law or the rights of a third party.

14. Legal Disputes

If a dispute arises between you and Bazaars, it strongly encourages you to first Bazaars directly through the app. Bazaars will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of the British Virgin Islands territory.

15. General

If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

Bazaars may assign its rights and obligations under this User Agreement (without your prior express consent), provided that its assign the User Agreement on the same terms or terms that are no less advantageous to you.

Headings are for reference purposes only and do not limit the scope or extent of such section. Bazaars’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Bazaars does not guarantee that it will take action against all breaches of this User Agreement.

If you have a dispute with one or more users, you release Bazaars (and its affiliates, officers, directors, employees, and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Bazaars may amend this User Agreement at any time. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of the Services after the effective date of these amended terms constitutes your acceptance of them.

16. Mobile devices terms

Your use of the Bazaars application confirms your agreement to these Terms of Use:

Application Use. Bazaars grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third-party terms of agreement when using the Application (e.g., your wireless data service agreement).

Intellectual Property – Applications. Bazaars owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Bazaars’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Bazaars Application.

Foreign Trade Regulation – Applications.

When using the Bazaars Application, you are responsible for complying with trade regulations and both foreign and domestic laws.

Additional Terms.

Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

iOS – Apple

1. These Terms of Use are an agreement between you and Bazaars, and not with Apple. Apple is not responsible for the Application and the content thereof.

2. Bazaars grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

4. Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party intellectual property infringement claim.

5. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

6. Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as a third-party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.