Terms Of Use

TERMS OF USE (LEGAL DISCLAIMER)

Ebazaar (AN EBAZAAR INTERNATIONALS INC. INITIATIVE)

These website terms of use (“Terms of Use“) is an electronic record in the form of an electronic contract formed under the information technology act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information technology act, 2000. These terms of use does not require any physical, electronic or digital signature.

These terms of use is a legally binding document between user and ebazaar (both terms defined below). These terms of use will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between user and ebazaar for the use of the website (defined below).

This document is published and shall be construed in accordance with the provisions of rule 3 (1) of the information technology (intermediaries guidelines) rules, 2011 under information technology act, 2000 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the website.

These terms of use of the website located at the URL www.bazaarindia.in and mobile application under the name and style “ebazaar” (the website) is between Ebazaar Internationals Inc. (hereinafter referred to as “ebazaar” or “ebazaar India” or “we” or “us” or “our”) and the guest users or registered users of the website (hereinafter referred to as “you” or “your” or “yourself” or “user”) describe the terms on which ebazaar offers you access to the website and such other services as are incidental and ancillary thereto (“services“).

Please read these terms of use carefully before using or registering on the website or accessing any material, information or services through the website. If you do not agree with these terms of use, please do not use the website.

These terms of use together with the privacy policy available at

https://www.ebazaar.com/termofUse and

https://www.ebazaar.com/privacy, the terms of sale available at

https://ebazaarindia.in/termsCondition, the other policies of the website available at

https://www.ebazaar.com/termsCondition under “Help” section or elsewhere on the website, and any other terms which may apply to specific services together with all other notices, disclaimers, guidelines appearing on the website from time to time (collectively referred to as “Agreement(s)”) constitute the entire agreement between you and Ebazaar Corporation Limited including its affiliates and suppliers (collectively “EBAZAAR GROUP OF COMPANIES BY EBAZAAR INTERNATIONALS INC.“), defining your and ebazaar GROUP’s rights and responsibilities with respect to the access and use the website and avail the services.

If you are accessing the ebazaar mobile application or accessing the services through the ebazaar mobile application, then while these terms of use will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like apple’s itunes, android’s play store, microsoft’s store from time to time) which will govern the use of the mobile application. These additional terms to the extent applicable are hereby deemed to be incorporated in these terms of use by way of reference.

TERMS AND CONDITIONS

Please read these Terms and Conditions carefully before using this site (“Website“). If you do not agree to these terms and conditions exit now and do not use this Website.

YOUR ACCOUNT

If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the My Account area of the Website. ebazaar reserves the right to refuse access to the Website, terminate accounts, remove or edit content at any time without notice to you.

E-PLATFORM FOR COMMUNICATION

You agree, understand and acknowledge that the Website is an online platform that enables you to purchase products listed on the Website at the price indicated therein at any time from any location. You further agree and acknowledge that ebazaar is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Website. Accordingly, the contract of sale of products on the Website shall be a strictly bipartite contract between you and the sellers on ebazaar.

USE OF CONTENT

Except as expressly indicated to the contrary, ebazaar hereby grants you a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions:

You may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with the terms and conditions set out herein;

You may not modify or alter product catalogues available on the Website;

You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and

The use of the content on this Website i.e. information, artwork, text, video, audio, or picture (collectively “Materials“) on this Website is protected by copyright laws. You may only access and use the material for personal or purpose. Any alteration/modification either in whole or in part or usage of the Materials other than for personal purposes violates the copyright laws. You may not modify/alter for any purpose without ebazaar’s written consent any material on this Site. Except as provided below, you may not reproduce, republish, post, transmit or distribute any Material.

The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout, or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.

The Materials included in the Website have been compiled from a variety of sources and are subject to change without any further notice.

All Materials are protected by copyright law. You may not under any circumstances, reproduce, record, publish publicly, distribute or publicly exhibit any Material without ebazaar’s written consent. Any attempt to “Pass off” any of the Material as your own work shall be violative of the existing copyright laws.

Any software that is available on the Website is the property of ebazaar or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the terms and conditions set out herein or by the express written permission of ebazaar.

USE OF THE WEBSITE

Ebazaar Internationals Inc. & Ebazaar India Private Limited (“ebazaar“), is the owner of the Website and use of this Website is provided subject to the following terms and conditions, and you are deemed to have read and accepted and agreed to be bound by this disclaimer. Please read these terms and conditions carefully as access and use of this Website constitute acceptance of these terms & conditions.

Links of other sites from this Site or sites linked from this Site are not under control and ebazaar does not assume responsibility or liability for the materials available at such linked sites. The links have been provided for reference and for convenience only.

REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Users of this Website may post reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In the event, a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. ebazaar reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgment of ebazaar violates these conditions of use and, or terminate your permission to access or use this Website.

If you do post content or submit material, and unless we indicate otherwise, you

grant ebazaar and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and

ebazaar and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to ebazaar, including the execution of deeds and documents, at its request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the Website; that, as at the date that the content or material is submitted to ebazaar: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable ebazaar policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify ebazaar and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

CLAIMS AGAINST OBJECTIONABLE CONTENT

Because ebazaar lists a lot of products for sale offered by sellers on the Website and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, ebazaar operates on a “notice and takedown” basis. If you believe that any content on the Website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred, or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“Objectionable Content“), please notify us immediately. Once this procedure has been followed, ebazaar will make all reasonable endeavors to remove such Objectionable Content complained about within a reasonable time.

DISCLAIMER OF WARRANTY

The Website, services, content, user content and any third party content are provided by ebazaar on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, ebazaar makes no warranty that (i) the Website or the services will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website or services will be effective, accurate or reliable; (iii) the quality of the Website or services will meet your expectations; or that (iv) any errors or defects in the website or services will be corrected. No advice or information, whether oral or written, obtained by you from ebazaar or through the Website / content or from use of the services shall create any warranty not expressly stated in these terms of use.

To the maximum extent permitted by applicable law, ebazaar will have no liability related to user content and / or third party content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. ebazaar also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content and / or third party content.

You expressly understand and agree that, to the maximum extent permitted by applicable law ebazaar will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the Website or any services, either with or without your knowledge. ebazaar has endeavored to ensure that all the information on the website is correct, but ebazaar neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. ebazaar shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, ebazaar shall not be held responsible for 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 for any reason beyond ebazaar’s control. The user understands and agrees that any material 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 systems or loss of data that results from the download of such material or data. ebazaar is not responsible for any typographical error leading to an invalid coupon. ebazaar accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

ALTERATION OF SERVICE OR AMENDEMENTS TO THE CONDITIONS

We reserve the right to make changes to our Website, policies, and these terms and conditions of use at any time. You will be subject to the policies and conditions of use in force at the time that you use the Website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

INDEMNIFICATION

You shall indemnify and hold harmless ebazaar, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these conditions of use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release ebazaar and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

Notwithstanding anything to contrary in these terms of use, in no event shall ebazaar, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not ebazaar has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or content.

GOVERNING LAW AND JURISDICTION

These terms of use and all transactions entered into on or through the Website and the relationship between You and ebazaar shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, or any transactions entered into on or through the Website or the relationship between You and ebazaar shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non-convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Terms of Use shall be effective against a party if given as provided herein.

INTELLECTUAL PROPERTY

The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content“) on the Website is owned and controlled by ebazaar or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. ebazaar reserves the right to change or modify the Content from time to time at its sole discretion.

The trademarks, logos, and service marks displayed on the Website (“Marks“) are the property of ebazaar or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of the ebazaar, the vendor/seller, or the third party that may own the Marks.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, ebazaar owns all intellectual property rights to and into the trademark “ebazaar”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from ebazaar or thirty party owner of such Content.

NOTICE FOR FRAUD/DUPLICATE COMPANIES OR NEWBIE WEB DEVELOPERS:- For just your kind information Ebazaar Internationals owns multiple patents, Trademarks & copyright, such as Name, Slogan/Tagline, Logos, Design. etc. We strongly recommend you do not think to use any of our content even “ebazaar” Word, Also tricking it (by adding a number of an extra letter/word doesn’t mean you’re safe. so there is no benefit in tricking the name of our brand). If we found you’re using our brand name or its content in any manner you will be responsible for all the heavy penalties and imprisonment for 20 long years according to the patent Infringement Act 2003, Of The United States.

Those(Web Developers or other Newbies) who bought other related domains to ebazaar and planning to start/cheat business. We recommend you that not to even think about that and contact us at claims@ebazaarindia.in OR claims@ebazaar.com and sell that respective domain that contains “ebazaar” or its related word which is under copyright and patent protection. If we or any of our company employees found or noticed that you’re using/doing business by using the name of ebazaar, The company will/can sue you and you’ll be payable for spoiling brand Reputation or damages, Fraud Activity & Other patent infringement penalties.
Do not use “ebazaar”, “ebazaar”, “ebazaar India”, “eBazaar”, “ebazaarbharat”, “ebazaar Internationals”, “ebazaar Pvt. Ltd.”, “Ebazaar LLC”, “Ebazaar Internationals LLC”, “e-bazaar”, “ebazzar”, “ebazar”, “ebzar”, “ebazzar”, ebazar etc. and even don’t try to copy Ebazaar’s Business Model because it is also protected under Exclusive Copyright.

THIRD-PARTY CONTENT

General third party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website (“Third Party Content”). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the Website. All Third Party Content is provided on an ‘As Is’ basis. ebazaar may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. ebazaar shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.

In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. ebazaar makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the products or services described thereon.

GENERAL PROVISIONS

Notice: All notices with respect to these Terms of Use from ebazaar will be served to You by email or by general notification on the Website. Any notice provided to ebazaar pursuant to these Terms of Use should be sent to Grievance Officer at Sandeep@ebazaarindia.in.

Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. ebazaar’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by ebazaar to any third parties without the requirement of seeking Your prior consent. ebazaar may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. ebazaar shall have right to transfer Your Account and Account Information to a third party who purchases ebazaar’s business as conducted under the Website.

Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of this Term of Use shall continue in full force and effect. ebazaar may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.

WaiverAny failure or delay by a party to enforce or exercise any provision of this Term of Use, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

Principal to Principal Relationship: You and ebazaar are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and ebazaar. As an abundant caution, it is clarified that ebazaar shall not have any right to conclude any contract for sale or purchase of Products for and / or on Your behalf and both You and ebazaar have entered this agreement on principal to principal basis.

Force Majeure: If performance of any service or obligation under these Terms of Use or other Agreement by ebazaar is, or other third parties in fulfillment of any purchase or sale transaction (for eg: logistics service provider, fulfillment center, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of ebazaar or its third parties performing such services as sub-contractor to ebazaar and could not have been prevented by reasonable precautions (each, a “Force Majeure Event“), then ebazaar shall be excused from such performance to the extent of and during the period of such Force Majeure Event. ebazaar shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

Grievance Officer: In compliance with the Information Technology Act, 2000 and the Rules made thereunder, the Grievance Officer of ebazaar for the purpose of this Agreement shall be Sandeep Kumar with email address: Sandeep@ebazaarindia.in. ebazaar may change the aforesaid details from time to time under intimation to You.