TERMS OF USE FOR BUYERS

TERMS OF USE FOR BUYERS

Please read carefully the terms and conditions before using our website and app.

This Terms of Use describe the terms and conditions applicable to your access and use of the website and application of Bazary e-commerce Portals Management and Operation (hereinafter refer to “Bazary”).

This legal document is a binding agreement (the “Agreement”) between you as the user(s) of the Site (“you”, “your” or “User” hereinafter) and Bazary e-commerce Portals Management and Operation.

Please read carefully the following basic rules that govern your use and access of the Site and App (the “Agreement”). Please also note that your use or access of the Site constitutes your unconditional agreement to follow and be bound by this Agreement. If you do not agree and accept all of the rules of this Agreement, we suggest do not use or access the Site.

1. APPLICATION OF TERMS                        

1. Your use and access of the website, application, and its services, software and products (collectively, the “Services”) are governed by all terms and conditions related to this Agreement and any other rules and policies of the Site that Bazary may publish from time to time. This Agreement and such other rules and policies of the Site are collectively referred to herein as the “Terms”.
   1. You agree that Bazary may make amendments in Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms apply to you.
   1. If Bazary has provided a translation of the English language version of these Terms, you agree that the translation is provided for convenience only and that the English language version will govern your use of the Services or the Site.
   1. These Terms may not otherwise be modified except in writing by an authorized officer of Bazary.

• THE USE OF THE BAZARY

• By accepting these Terms and conditions through your use or access of the website or application, you represent that you are:
  • a person of legal age (above 16) and able to form a legally binding contract in the jurisdiction in which you are a resident and from which you use the Services, and
  • permitted to receive any Services under the laws of the jurisdiction in which you are a resident and from which you use the Services. If you do not agree to (or cannot comply with) this Section, do not use this website.
  • All information regarding billing and registration provided on the Site must be truthful, complete and accurate. Each User shall be solely responsible for the information and content posted on the Site. Providing untruthful or inaccurate information constitutes a breach of these Terms of Use.
  • All provided materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software.
  • All software used on this Site is the property of Bazary or its Vendors and protected by International and Bahrain Copyright Laws. The Contents and software on this Site may be used only as a purchasing resource. Any other use, including the reproduction (except as noted above), modification, distribution, transmission, republication, display, or performance, of the Contents on the Site, without prior written permission from Bazary, is strictly prohibited.
  • While accessing the Site, or using its services, you should not:
    • Post or transmit misleading, false, inaccurate, defamatory, or libelous content (including but not limited to during the registration process and in Bazary forum);
    • Violate any laws, regulations, third party rights or our policies, such as third party’s intellectual property rights;
    • Fail to deliver payment for the products and items purchased by you;
    • Manipulate the billing process of Bazary, or fail to deliver the payment or fee owned to Bazary;
    • Undermine the feedback or ratings systems;
    • Transfer your Bazary Account (including your User ID and Password) to another party without prior written consent from Bazary;
    • Otherwise incur any liability to the website or application of Bazary.
  • In our sole discretion, Bazary reserves the right to remove from the Site any material or listing which we reasonably believe is unlawful, violates the Agreement, could result in any liability to Bazary, or is otherwise inappropriate.
  • Bazary reserves the right to limit, terminate and deny the right to use or access the Site and Service(s) of any User for any reason whatsoever, including, but not limited to, infringing any third party’s intellectual property right, breaching this Agreement, and incurring any liability to Bazary. Each User hereby also agrees that in no event shall Bazary be liable to any User or any third party for any User’s inability to use or access the Site and/or Services.
  • Bazary may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any feature within the Services) without prior notice, except that, in the case of a fee-based Service, such changes shall not substantially adversely affect the paying Users enjoying that Service.

• ACCOUNT REGISTRATION AND PURCHASING

• In order to make purchases on the Site and/or access some Services you may be required to register on the Site (a “Registered User”). Bazary may reject a User’s application for registration for any reason. Upon registration on the Site, Bazary shall assign an account (the “Bazary Account”) and issue a User identification (“User ID”) and password (the “Password”) to each Registered User.
  • Each User will be required to provide personal information as part of the registration process on the Site or your use of any Service or the Bazary account. Each User represents warrants and agrees that:
    • such information and material, whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service, is true, accurate, current and complete, and
    • you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
  • A set of User ID and Password is unique to a single account. Each Registered User shall be solely responsible for maintaining the confidentiality and security of your User ID and Password and for all activities that occur under your Bazary Account. No Registered User may share, assign, or permit the use of your Bazary Account, User ID or Password by another person outside of the Registered User’s own business entity. Registered User agrees to notify Bazary immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your Bazary Account.
  • You agree that all activities that occur under Bazary Account (including, without but not limited to, posting any company or product information, clicking to accept any additional agreements or rules, subscribing to or making any payment for any services, sending e-mails using the latest e-mail account or sending SMS) will be deemed to have been authorized by you.
  • You acknowledges that sharing account with other persons, or allowing multiple users to use your account (collectively, “multiple use”), may cause irreparable harm to Bazary or other Users of the Site. User shall indemnify Bazary, our affiliates, directors, employees, agents and representatives against any loss or damage, directly or indirectly, suffered as a result of the multiple use of your account. User also agrees that in the case of the multiple use of your account or User’s failure to maintain the security of your account, Bazary shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate User’s Bazary Account without liability to User.
  • By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) purchased. You realize that any delay in the process of payment delivery may constitute a cancel of order, and Bazary shall not be responsible for such cancellation.
  • You understand that by using and accessing the Site or any Services provided on the Site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site and any Service at your sole risk, and that Bazary shall have no liability to you for Content that may be deemed to be offensive, indecent, or objectionable.
  • When required by the government, law enforcement body, or obligee whose legitimate right has been injured, or forced by subpoena or other legal document, Bazary may disclose the User’s identity and contact information. User agrees not to bring any action or claim against Bazary for such disclosure.
  • The Site may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of word links, banners, channels or otherwise), API or otherwise. You are cautioned to read such web sites’ terms and conditions and/or privacy policies before using such sites. You acknowledge that Bazary has no control over such third parties’ web sites, does not monitor such web sites, and Bazary shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
  • Each User understands and accepts that the product, images, content, data, chart and any information listing or displaying on the Site may relate to copyrights, trademarks, trade secrets, patents and other personal or proprietary rights of a third party. Further, each user understands that the vendor who uploads or lists the products, images, content and information on the Site shall be solely responsible for any violation of third party rights. The Site and Bazary shall not be liable for any infringement or purchase dispute related to the intellectual property and/or other personal or proprietary rights of third party.

• TRANSACTIONS BETWEEN THE BUYER AND BAZARY

• The cost of a product, specified on the Website, is subject to unilateral change by the Vendor. The Vendor does not guarantee the availability of a product at a price indicated on the Website. The prices of products, which constitute an Order confirmed by the Vendor, are not subject to change, except in those cases, which are stipulated by these Terms and Conditions.
  • Each User understands and agrees that Bazary works as mediator between buyer and vendor and provides only an online platform or venue for information exchange and transaction between buyers and vendors, including electronic web-based transaction platforms for Users to place, accept, conclude, manage and fulfill orders for the provision of products and services online subject to the Registration Agreement. Although Bazary will monitor the regular operation of the Site to fulfill its duty of care, Bazary does not review and check each item of posted content and listing to search for infringement or illegal activity.
  • Despite the Terms, no agency relationship will be created between Bazary and any buyer concerning the listing and transaction, whether or not such transactions are entered into via the Site.
  • User hereby acknowledges that although Bazary tries its best to provide Users with accurate information and listings posted by vendors, and do general verifications of the identity of vendors, there are still risks associated with purchasing from parties online. Therefore, we encourage you, the users of the Site, to use relevant tools available, reasonable judgment and common sense when making a deal online.
  • Other than refund, in no event shall Bazary be responsible for any infringement or transaction dispute, including, but not limited to, transaction disputes about quality, safety, breach of warranty, lawfulness or availability of the products or services and the payment from buyers, as well as any intellectual property infringement by Bazary.
  • The users (including the vendor and buyer) agree to release and indemnify Bazary and its agents, affiliates, directors, officers and employees from all claims, demands, actions, proceedings, costs, expenses and damages (including, but not limited to, any actual, special, incidental or consequential damages) arising out of or in connection with any transactional dispute about the products, listing, or information on the Site.
  • In order to help the Vendors and the Registered Users solve and settle any transactional disputes effectively and efficiently, Bazary has established the disputes procedures. Both parties would have to permit Bazary to make a final binding decision regarding the dispute.

• LIMITATION OF LIABILITY

• To the maximum extent permitted by law, this Site is provided by Bazary on an “as is”, “as available” and “with all facts” basis. Bazary makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on this Site. To the full extent permissible by applicable law, Bazary hereby expressly disclaims any and all warranties, express or implied, including, but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Bazary disclaims any and all warranties, express or implied, for any merchandise offered on this Site. All such warranties, representations, conditions and undertakings are hereby excluded. You acknowledge, by your use or access of the Site, that your use or access of the site is at your sole risk. This disclaimer does not apply to any product warranty offered by the vendor or manufacturer of the item. This disclaimer constitutes an essential part of this Agreement.
  • Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Bazary or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Bazary has been advised of or should have known of the possibility of such damages.
  • In addition, in no event shall Bazary be liable for damages stemming from any one of the following, no matter it is special, direct, indirect, punitive, incidental or consequential damages, or related to contract, negligence, tort or otherwise:
    • Any disputes related to goods, services, or information purchased or obtained from a vendor or a third-party via the Site, including, but not limited to, disputes about quality, safety, warranty, lawfulness or availability of such goods, services or information;
    • Any violation of Third Party Rights on the Site;
    • Unauthorized access to data or private information of any User on the Site; or
    • Statements or conducts of any User of the Site.
  • Notwithstanding any of the foregoing provisions, if Bazary, its employees, agents, affiliates, representatives or anyone acting on its behalf is found to be liable, Bazary’s liability will not exceed the commissions paid by vendor in connection with your use of the Site during the three month period preceding the date on which the claim arose.
  • Bazary shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including, but not limited to, damages for loss or savings, business interruption or loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
    • the use or the inability to use the Site or Services,
    • any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the site,
    • any violation of third party rights or claims or demands that User’s manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be alleged to violate third party rights or claims by any part that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants,
    • unauthorized access by third parties to data or private information of any User, statements or conduct of any User of the Site, or
    • any matters relating to Services, however arising, including through negligence.

• The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Bazary has been advised of or should have been aware of the possibility of any such losses arising.

• INDEMNIFICATION

You agree to defend, indemnify and hold Bazary and its affiliate, directors, officers and employees harmless from and against any and all losses, claims, liabilities, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site, your breach of any representations and/or warranties made by you to Bazary and claims asserted by third party rights claimants or other third parties relating to products offered or displayed on the Site.

7. FORCE MAJEURE

Under no circumstances shall Bazary be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including, without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance by third parties.

• INTELLECTUAL PROPERTY RIGHTS

• Unless otherwise noted, all contents on the Site are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Bazary or one of its affiliates and are protected by Bahrain and international copyright, patent, trademark and other intellectual property laws. The compilation (collection, arrangement, and assembly) of all Contents on this site is the exclusive property of Bazary and is also protected by international copyright, patent, trademark and other intellectual property laws.
  • Bazary and its suppliers and/or licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of Bazary’s or any third party’s intellectual property rights. The Bazary names and logos and all related product and service names, design marks and slogans are the trademarks of Bazary. All other marks are the property of their respective companies. No trademark, service mark or logo license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. The unauthorized use of these names, logos or marks is strictly prohibited.
  • References on this Site to any names, marks, products or services of third parties or hypertext links to third party Site or information are provided solely as a convenience to you and do not in any way constitute or imply Bazary’s endorsement, sponsorship or recommendation of the third party, information, product or service. Bazary is not responsible for the content of any third party site and does not make any representations regarding the content or accuracy of material on any such site. If you decide to link to any such third party web sites, you do so entirely at your own risk.

• TERMINATION

These Terms of Use are effective unless and until terminated by either you or Bazary. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Bazary also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Bazary’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Bazary, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise.

1. NOTICE

1. Except as explicitly stated otherwise, all notice or demand to or upon Bazary shall be in writing and delivered to Bazary by mail to the PO Box 14014, Kingdom of Bahrain. 
   1. All notices or demands to or upon a User shall be effective if delivered personally, by e-mail to the e-mail address provided to Bazary during the registration process (as updated from time to time, if applicable), or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when:
      1. Bazary is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
      1. Immediately upon Bazary posting such notice on an area of the Site that is publicly accessible without charge.
   1. You agree that all agreements, notices, demands, disclosures and other communications that Bazary sends to you electronically satisfy the legal requirement that such communication should be in writing.

1. GENERAL TERMS

1. Bazary reserves the right to update or modify these Terms of Use at any time without prior notice to you. The most current version of the Terms of Use will govern use of the site and will always be at website and application. If Bazary makes a change that, in Bazary’s sole discretion, is material, Bazary may notify you via e-mail to the e-mail address associated with your account. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms of Use as amended.
   1. This Agreement represents the complete agreement between the parties with respect to your use of the Site and Services and supersedes all prior written or oral agreements and representations between the users and Bazary related to the same subject matter.
   1. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be deleted or reformed to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.
   1. The failure of Bazary to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Bazary’s rights with respect to such breach or any subsequent breaches.
   1. Bazary and you are independent contractors, and no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Terms.
   1. Bazary may transfer this contract and all or part of its rights, obligations and interests to any party or entity in its sole discretion; however, the Users may not assign its rights, obligations and interests under this contract to any party or entity.
   1. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be submitted to the Bahrain arbitration for arbitration which shall be conducted in accordance with the arbitration rules in effect at the time of the application for arbitration. The arbitral award shall be final and binding upon both parties.

1. This Agreement shall be governed by and construed under the laws of Bahrain without regard to conflict of law provisions.

1. CONTACT

If you have any concerns regarding the Terms of Use don’t hesitate to reach out at info@bazary.co