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Bazaar Software - User's Terms & Conditions

This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of BAZAAR SOFTWARE marketplace website www.bazaarsoftware.com

Your use of the BAZAAR SOFTWARE website and its services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to BAZAAR SOFTWARE including the applicable policies which are incorporated herein by way of reference. By mere use of BAZAAR SOFTWARE, You shall be contracting with Minnova Digital Solutions Pvt. Ltd, the owner of the BAZAAR SOFTWARE Website.These terms and conditions including the policies constitute your binding obligations, with BAZAAR SOFTWARE.

When you use any of the services provided by BAZAAR SOFTWARE through the Website, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use.

1. DEFINITIONS

BAZAAR SOFTWARE Website- is defined as the Website under BAZAAR SOFTWARE's control, whether partial or otherwise including and limited to www.bazaarsoftware.com, the Website from which these terms of use were accessed from and include the BAZAAR SOFTWARE Services. The term "BAZAAR SOFTWARE", "We", "Us", "Our" shall mean Minnova Digital Solutions Pvt. Ltd, and its affiliates.

BAZAAR SOFTWARE Services- are defined as the services offered by BAZAAR SOFTWARE, including suggestion to Businesses/Organisations/Professionals in selecting desired Software Solution and other services that BAZAAR SOFTWARE offers through its website (collectively, "BAZAAR SOFTWARE Services").

"User/ Users" include anyone who Uses/Registers to use the website or uses the services provided and those who register to avail the above mentioned services. For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a user on BAZAAR SOFTWARE Website by providing data while registering on the Website as Registered User.

2. RELEVANT CONDITIONS FOR USER (TERMS OF SERVICE)
  • Your use of the Service, including any content, information or functionality contained within it, is provided 'as is' and 'as available' with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.

  • You will not use the service to store, host, or send unsolicited email (spam) or SMS messages.

  • You understand that the Service can be used for transmission of your Content, and that during processing; your Content may be transferred unencrypted over the Internet.

  • BAZAAR SOFTWARE makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free and (iv) and any Service Level Agreement that bugs or errors in the Service will be corrected within a stipulated time.

3. LICENSE TO ACCESS

BAZAAR SOFTWARE hereby grants you a non-exclusive, revocable license to use the BAZAAR SOFTWARE website as set forth in the Terms of Use; provided, however, that (i) you will not copy, resell, duplicate distribute, or make derivative works of the Website in any medium without BAZAAR SOFTWARE's prior written consent; (ii) you will not alter or modify any part of the website other than as may be reasonably necessary to use the website for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws. (iv)You may not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service.

4. USER ACCOUNT AND SECURITY

BAZAAR SOFTWARE is not responsible for the confidentiality of the User's Display Name and Password and User shall be responsible for all activities that occur under their Display Name and Password.

By merely visiting or using the BAZAAR SOFTWARE website, You agree that if any information provided by you is untrue, inaccurate, not current or incomplete, BAZAAR SOFTWARE shall have the right to indefinitely suspend or terminate or block access of your membership on the Website.

Your registration on the BAZAAR SOFTWARE website shall be deemed to be your consent to be contacted for any purpose pertaining to sell/purchase or anything for that matter, (i) on the mobile number shared by you even if you are registered with the National User Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form.

5. PRIVACY POLICY

Please review our Privacy Policy, which also governs your visit to the Website, to understand our practices. The personal information/data provided by you during the course of usage of BAZAAR SOFTWARE website will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. BAZAAR SOFTWARE shall be entitled to use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes through any social media website. If you object to your information being transferred or used, PLEASE DO NOT USE THE BAZAAR SOFTWARE WEBSITE.

6. ELIGIBILITY

Use of the website is available only to persons who can form a legally binding contract. If you are a minor i.e. under the age of 18 years, you may use the BAZAAR SOFTWARE website only with the involvement of a parent or guardian.

7. USER SUBMISSIONS FOR USING THE BAZAAR SOFTWARE WEBSITE

Any alteration of the material or use of the material contained in the Website for any commercial purpose is a violation of the copyright of BAZAAR SOFTWARE and/or its affiliates or associates or of its third-party information providers. You are not permitted to use the Marks, in any manner, without first obtaining the written permission of the BAZAAR SOFTWARE or its vendor or third party that own and control the Marks.

You shall not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not BAZAAR SOFTWARE is responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

You must not use the Website for any fraudulent purposes, or in connection with a criminal offense or other unlawful activity, to send, use or reuse any material that does not belong to you; or 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, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; 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, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" to cause annoyance, inconvenience or needless anxiety.

8. LINKS

The Site may include links to certain websites, materials, or content developed by third parties. BAZAAR SOFTWARE has not reviewed all of the sites linked to its Internet Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by BAZAAR SOFTWARE of the Site. Use of any such linked website is at Your own risk. BAZAAR SOFTWARE reserves the right in its sole and absolute discretion to discontinue links to any other sites at any time and for any reason.

9. MODIFICATION OR REMOVAL OF SOFTWARE

BAZAAR SOFTWARE gives an option to Software Vendors to either remove or modify their Software on the BAZAAR SOFTWARE website. Any of the Vendors who wish to modify or remove their Software from the website, may inform about the same by sending an email to [email protected]

10. PAYMENT

For the services bought, you have to make a one- time payment. The Users have to remit the payment either in Indian Rupees. If you are making payment in Indian Rupees it shall be made to Minnova Digital Solutions Pvt. Ltd (Indian Entity).

You agree and acknowledge that BAZAAR SOFTWARE has collaborated with various payment gateways for carrying out transaction. At the time of transaction, you may be asked to provide net-banking or debit/credit card information only for the purpose of carrying out the desired transaction. This information is not saved with the BAZAAR SOFTWARE website but with independent Vendor's/Third Party gateways. In case of any issue arising out of any transaction or anything else for that matter through the said payment gateways, BAZAAR SOFTWARE shall not be held liable.

11. ORDER OF SOFTWARE ON THE WEBSITE

BAZAAR SOFTWARE lists the Softwares and Services of the Vendors in the order in which it deems appropriate.

BAZAAR SOFTWARE recommends that YOU determine the appropriate Software or Service according to your best judgment and YOU shall not hold BAZAAR SOFTWARE or its affiliates liable for your decision based on the order of the Software or Service listed.

12. COPYRIGHT AND OWNERSHIP

Minnova Digital Solutions Pvt. Ltd or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service which Minnova Digital Solutions Pvt. Ltd or its suppliers own.

Minnova Digital Solutions Pvt. Ltd claims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service to send Content, you agree that others may view and share your Content.

13. TERMINATION

These Terms will remain in full force and effect while You are a User of any BAZAAR SOFTWARE website. BAZAAR SOFTWARE reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the BAZAAR SOFTWARE website and immediate termination of Your ability to access the BAZAAR SOFTWARE website and/or any other services provided to You by BAZAAR SOFTWARE, upon any breach by You of these Terms or if BAZAAR SOFTWARE is unable to verify or authenticate any information You submit towards BAZAAR SOFTWARE registration. Even after You are no longer a User of the BAZAAR SOFTWARE, Terms of use of these Terms & Conditions will remain in effect, including any other reasonable term that BAZAAR SOFTWARE may think fit.

14. FORCE MAJEURE

Any event beyond the reasonable control of the Parties, and which is unavoidable notwithstanding the reasonable care of the party affected, and shall include but not limited to war, insurrection, riot, civil unrest, sabotage, boycott, embargo, explosion, fire, earthquake, flood, unavoidable accident, epidemic, act of God, action or inaction of any governmental official or agency (civil or military) and refusal of any licences or permits, if properly applied for. If either Party is prevented from or delayed in performing any of its obligations under these terms of use by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within Fifteen (15) days after the occurrence of such event. The Party who has given such notice shall be excused from the performance or punctual performance of its obligations under these terms of use for so long as the relevant event of Force Majeure continues and to the extent that such Party's performance is prevented or delayed. The occurrence of any event of Force Majeure affecting either party shall not give rise to any claim for damages or additional costs and expenses suffered or incurred by reason of Force Majeure.

15. JURISDICTION

Any dispute, controversy or claims arising out of or relating to these terms of use or the breach, termination or invalidity thereof, shall be settled by Arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996.

The Arbitral Tribunal shall be composed of one Arbitrator appointed by BAZAAR SOFTWARE.

The place of Arbitration shall be at Ranchi, Jharkhand.

The Arbitral procedure shall be conducted in English language and the award/s shall be rendered in English.

The procedural Law of the Arbitration shall be Indian Law.

The award of the Arbitral Tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the Arbitration and Conciliation Act, 1996 shall apply.

The rights and obligations of the Parties under, or pursuant to, this Clause, including the Arbitration Agreement in this Clause, shall be governed by and be subject to Indian Law, and shall be subject to the exclusive Jurisdiction of the Courts at Ranchi,Jharkhand.

16. ALTERATION OR AMENDMENTS TO THE TERMS & CONDITIONS

BAZAAR SOFTWARE reserves the right to make changes to the policies, and these terms & conditions at any time. You will be subject to the policies and terms & conditions in force at the time, unless any change to those policies or these conditions is required to be made by Law or Government authority. 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.

17. DISCLAIMER

The Services offered through BAZAAR SOFTWARE website contain certain trade-marks, logos or service marks ("marks") which are owned by the respective brand owners/Vendors or its applicable Assignors and BAZAAR SOFTWARE does not have any ownership or claim over the said marks or for that matter any other form of intellectual property.

The Vendor agrees and acknowledges that BAZAAR SOFTWARE may re-use the Names as well as to use the Trademarks, Service marks and Logos ("marks"), of the Softwares listed on the Website for various purposes, including but not limited to lead-generation purpose and the Vendors or its Licensors, shall not claim any action for wrongful use against BAZAAR SOFTWARE for the said use.

BAZAAR SOFTWARE specifically disclaims ownership over the features of the Products/ Services as well as the Products/ Services listed on the BAZAAR SOFTWARE Website. The ownership of each such feature of products/ services as well the associated Intellectual Property belong to respective Vendor or brand owner only.

BAZAAR SOFTWARE has no control over the Reviews or the genuinity of the Reviews mentioned on its Website and YOU should take appropriate decision based on your best judgment and BAZAAR SOFTWARE or its affiliates will not be held liable for any decision of yours' based on the Reviews as mentioned on the Website.

BAZAAR SOFTWARE and its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the service. Your sole remedy for dissatisfaction with the service is to stop using the service. Our aggregate liability in connection with any claim arising out of or relating to the website and/or the products, information, documents and services provided herein or hereby shall not exceed the fee paid by the user during the preceding 6 months period.

18. UPDATION IN AGREEMENT / POLICY

During regular intervals, BAZAAR SOFTWARE may update its Agreement and/or Policies for the Customer and all Customers shall be bound by the latest applicable updated Agreement and/ or Policy.

19. CONTACT

User may contact BAZAAR SOFTWARE in case of any queries/claims relating to the Website or sale and purchase of services provided by BAZAAR SOFTWARE at:

Email id: [email protected]

Phone No : +91-9297777437