Dear user, welcome to Bazarcom (“Bazarcom” or “we” or “us”).
Bazarcom offers a service for shopping online via our website (“Website”), mobile application ("App") and other technology platforms. These Terms govern your access to and use of Bazarcom and its services (the “Service”). If you are using the Service on behalf of an organization, you accept these Terms on behalf of such organization and represents that you have the authority to bind such organization (and accordingly, “you” and “your” will refer to you and/or to the organization, as applicable).
We reserve the right at any time to modify the Service, including by eliminating, modifying, limiting or discontinuing any feature of the Service. Your continued use of the Service after such change will be deemed acceptance of such changes to the Service.
Note: Some of the terms provided herein may be less relevant to visitors of our Website or Application or users of our Services which are not registered as clients of our Service. However, all other provisions apply both to such visitors and to such Clients.
1. Registration, User Account, Password and Security
You must provide truthful, accurate, and current information about yourself (including your email address) during the registration and account signup process (the “Registration Data”), and maintain and update your Registration Data so that it remains at all times accurate, current and complete. The truthfulness, and accuracy of such information, is at your sole responsibility.
As part of the account set-up and registration process, you will choose a username and a password. You will be solely responsible for maintaining the confidentiality and use of your password, and agree not to transfer your use of, or access to, the Service to any third party. You are fully and solely responsible for any and all activities that occur through your account on Bazarcom. We cannot and will not be liable for any loss and/or damage resulting from your failure to comply with this security obligation. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and to simultaneously reset your password.
In order to use the Service, you will be requested to provide details such as name and location (the “Cloud Account”) for which you wish to use the Service. You represent and warrant that you are the owner of, or have the required rights in, the information which you list in your account.
2. Nonexclusive License to the Service; Software
Subject to and conditioned upon your acceptance of these Terms and your ongoing compliance with these Terms, we grant to you a non-exclusive, non-transferable, non-sub licensable, limited right to access and use the Service solely for your own internal business use in strict compliance with these Terms.
The use of our Service requires that a certain software (“Software”) will be installed to a mobile device or accessed. We hereby grant you a limited, revocable, non-exclusive, non-sub licensable license to install, copy, and use the Software solely as necessary to use the Service with respect to the Cloud Account.
Your license of, use of and access to the Software and the Service is conditioned upon your compliance with these Terms, including the following:
You will not, nor will you allow any third party to: (i) copy, modify, adapt, translate or otherwise create derivative works of the Software or the Service; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Software; (iii) rent, lease, sell, sublicense, assign or otherwise transfer rights in or to the Software or the Service; (iv) remove any proprietary notices or labels on the Software or placed by the Service; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software.
You will use the Software and Service solely for your own internal use, and will not make the Software or Service available for timesharing, application service provider or service bureau use. You will comply with all applicable laws and regulations in your use of and access to the Software and Service.
The license will expire immediately upon failure to comply with these Terms. Upon such expiration, you must destroy all originals and copies of the Software and so certify in writing to us within (5) business days of termination and cease any further use of the Service.
3. Rules of Conduct
You may not use the Service for any illegal or unauthorized purpose, nor violate any applicable laws (including, but not limited to, copyright and privacy laws). You are solely responsible for any and all activities that relate to your account. Without derogating of the above, you may not use the Service in connection with any content (“Cloud Account Content”) that is illegal (in any applicable jurisdiction), or may infringe or promote the infringement of any copyright, patent, trademark, service mark, trade secret, moral right, or other intellectual or proprietary right of any party. We may terminate your access to and use of the Service immediately if you fail to comply with the above rules.
In the event that the Cloud Account contains any personal information, you represent and warrant that you hold and maintain such personal information in compliance with any and all applicable laws, and that you are allowed to use the Service in connection with such personal information. “Personal Information” shall mean personally identifiable information including without limitations, any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains including, without limitation, full name, physical address, telephone number, fax number, email address, password, personal profile information, biometric information, information regarding an individual's financial information such as credit card details, checking, or other government-issued identifier, banking, or any other payment information.
4. Our Intellectual Property Rights
The Service and the Software and all intellectual property rights in the Service and Software are, and shall remain, our exclusive property. All rights in and to the Service, Software, the trademarks, trade names, service marks, logos, domain names, copyrights, licenses and other proprietary rights associated with the Service are hereby expressly reserved and retained by us and our licensors without restriction, including, without limitation, our right to sole ownership of the Software and documentation, logos, trademarks, and trade secrets (altogether as the “Intellectual Property Rights”).
“Bazarcom” as a company’s name; Bazarcom logo and other graphics, services, names are trade-names and trademarks of Bazarcom. Such trademarks or any of our Intellectual Property Rights may not be used in connection with any product or service that is not our product, or in any manner that disparages or discredits Bazarcom.
You agree not to (and not to allow any third party to): (a) use for any Intellectual Property Rights purpose without our express written consent; (b) register, attempt to register, or assist anyone else to register any of the Intellectual Property Rights associated with Bazarcom; or (c) remove, obscure, or alter any notice of any Intellectual Property Rights appearing in or on any item included with the Service or the Software.
Any ideas, requests, feedbacks, recommendations, error and bug reports, comments, concepts, additional features and other requests or suggestions (collectively “Ideas”) that you may provide us will be owned by us. You hereby irrevocably assign and transfer any intellectual property rights in such Ideas to us, free of charge. You agree that the same will automatically become our property and that we shall be entitled to use, exploit, implement, adapt, develop, copy, reproduce, publish, license or assign the rights to such materials and Ideas without any obligation to make any royalty or other payment to you, and without any obligation of credit or notice to you. If you intend to retain any intellectual property rights in your Ideas please do not submit them to us without our prior written approval.
5. Your Content
By registering a Cloud Account to the Service, you grant us the right to use, access, copy, adjust and reproduce all Cloud Account Content solely as part of the provision of the Service to you. We do not claim ownership of any copyright in your Cloud Account Content. You will continue to retain all ownership rights in such Cloud Account Content.
You authorize us to use your company's name, logo and other applicable trademarks, at any time, for the purpose of referencing you as a customer of the Service or in other promotional marketing materials. If you do not wish to be referenced please contact us at email@example.com.
6. Term and Termination; Consequences of Termination
You may cease using the Service at any time, provided however, that (i) upon any such termination you will not be entitled to any refunds of any Fees previously paid, (ii) any outstanding balance for Service rendered through the date of termination and other unpaid payment obligations during the remainder of the term will be immediately due and payable in full. We may terminate the Service and these Terms at any time without prior notices.
Note that any violation of these Terms may result, inter alia, in termination of your ability to access and use the Service. If you default in the performance of any of your obligations under these Terms we may immediately, without derogating from any other rights we may have under these Terms and/or any applicable law, deactivate or suspend your account and/or your access to and use of the Service or any portion thereof and/or terminate these Terms. We shall not be liable to you or to any third-party for any termination of your access to the Service.
Upon expiration or termination of these Terms for any reason, all rights granted to you hereunder shall immediately terminate. The expiration or termination of these Terms shall not relieve you or us of any obligation intended to survive under these Terms.
You hereby agree to indemnify, defend and hold, and our directors, owners, investors, shareholders, officers, employees, consultants, attorneys, agents and other representatives, harmless from and against any and all third party claims (including related judgments, awards, liabilities, damages, losses, costs and expenses) (including reasonable attorneys’ fees) and other expenses that are based on or arise directly or indirectly out of or from (a) your breach of these Terms; (b) any misuse of your account by you and any third party on your behalf, (c) any breach of your representations and warranties set forth herein.
8. Limitation of Liability
We shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of business, loss of goodwill, loss of data, lost profits or other intangible losses), under any theory of law including under contract, negligence, strict liability, breach of any statutory duty, or otherwise arising out of or relating in any way to the service (even if we have been advised of the possibility of such damages and even if a remedy fails of its essential purpose).
you further agree that we shall have no responsibility for any damages suffered by you in connection with loss of data, errors, system down time, network or system outages, communications line failure, file corruption, or service interruptions caused by the negligence of either us or our sub-contractors and service providers, all in irrespective of the theory upon which any claim may be based, even if we have been advised of the possibility of such damages.
9. Links to Other Resources
We may provide hyperlinks to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we shall not be responsible for the availability of such sites or resources, nor shall we be responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. When you access these third-party sites you do so at your own risk, and you should refer to each such website’s individual “Terms of Service” and not rely on these Terms in anyway.
No waiver by Bazarcom of any default shall be deemed a waiver of any prior or subsequent default of the same or other provisions of these Terms, nor shall any delay or omission on the part of Bazarcom to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from these Terms.
We may freely assign our rights and responsibilities hereunder without notice to you. These Terms are not assignable, transferable or sublicense able by you except with our prior written consent.
These Terms constitute the entire understanding between you and us, and revoke and supersede all prior agreements between us, and are intended as a final expression of our agreement. These Terms shall take precedence over any other documents that may be in conflict therewith. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
We reserve the right at any time to modify these Terms. Any such modification will be effective immediately upon notice to you (or if otherwise stated in the notice), which we may provide by any means including, without limitation, posting the amended Terms on our website or by sending an electronic mail to you. Your continued use of the Service after the effective date of any such modifications will be deemed acceptance of such modified Terms.
These Terms shall be construed in accordance with and governed for all purposes by the substantive laws of Palestine without regard to its conflicts of law provisions. You agree that any claim or dispute you may have against Bazarcom and its affiliates, directors, officers, employees and representatives must be resolved by a court located in Ramallah/ Palestine, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Bazarcom is an eCommerce platform specialized in retail selling (piece selling), thus, customers are allowed to only buy up 30 products monthly.
Any notice regarding these Terms of Service should be sent to: firstname.lastname@example.org.