Terms of Service

1. Account Terms

i. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use the service or services to be provided by Bazaa to you (the “Service”).

ii. To access and use the Service, you must register for a Bazaa account (“Account”) by providing a valid email address, and any other information indicated as required. Bazaa may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

iii. You acknowledge that Bazaa will use the email address you provide as the primary method for communication.

iv. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).

v. A breach or violation of any term in these Terms of Service, which include the Acceptable Use Policy (“AUP”) (https://bazaa.com/legal/aup), as determined in the sole discretion of Bazaa, may result in Bazaa immediately ceasing to terminate the provision of the Service to you.

vi. By using the Service in any manner, including but not limited to visiting or browsing pages relating to the Service, you agree to observe and be bound by these Terms of Service.

2. Account Activation

2.1 Account Owner

i. Subject to section 2.1(ii), the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorised to use any corresponding account we may provide to the Account Owner in connection with the Service.

ii. If you are signing up for the Service on behalf of your employer: (a) your employer shall be the Account Owner and (b) you represent and warrant that you have the authority to bind your employer to our Terms of Service.

2.2 Bazaa Payment Facility

i. Upon completion of sign up for the Service, Stripe Connect, or any replacement third-party payment gateway provider Bazaa uses, will handle all credit card information of merchants. Bazaa does not collect or store any credit card information.

ii. Shoppers’ credit card and bank transfer details will also be handled by Stripe Connect or a replacement third-party payment gateway provider.

iii. You acknowledge that Stripe Connect, or any replacement third-party payment gateway provider Bazaa uses, will be your default payments gateway and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them.

2.3 Stripe Connect Payment Account

i. Upon completion of sign up for the Services, you may be required to activate your Stripe Connect account within your Account admin. If you do not wish to keep your Stripe Connect account active, it is your responsibility to deactivate it.

ii. By using Stripe Connect on your store, you are agreeing to be bound by the terms and conditions of Stripe Connect (“Web Merchant Terms”), as they may be amended by Stripe Connect from time to time. If Stripe Connect amends the Web Merchant Terms, the amended and restated version will be posted on its website. Such amendments to Stripe Connect Web Merchant Terms are effective as at the date of posting. Your continued use of Stripe Connect on your store after the amended Web Merchant Terms are posted constitutes your agreement to, and acceptance of, the amended Web Merchant Terms. If you do not agree to any changes to the Web Merchant Terms, de-activate your Stripe Connect account and do not continue to use Stripe Connect on your store.

3. General Conditions

i. You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, the Privacy Policy and Acceptable Use Policy available on our website before you may become a member of Bazaa.

ii. Technical support is only provided to paying Account Owners and currently is only available via email.

iii. The Terms of Service shall be governed by and interpreted in accordance with the laws of Singapore applicable therein, without regard to principles of conflicts of laws. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Singapore with respect to any dispute or claim arising out of or in connection with the Terms of Service.

iv. You acknowledge and agree that Bazaa may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Bazaa’s website, and such amendments to the Terms of Service are effective as at the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Bazaa’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

v. You may not use the Service for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Singapore. You will comply with all applicable laws, rules and regulations in your use of the Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

vi. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Bazaa.

vii. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Bazaa or Bazaa trademarks and/or variations and misspellings thereof.

viii. If you have any questions about the Terms of Service, please send them to support@bazaa.com.

ix. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

x. You acknowledge and agree that your use of the Service, including information transmitted to or stored by Bazaa is governed by our Privacy Policy.

xi. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between this English version of the Terms of Service and Bazaa’s Terms of Service available in another language, the most current English version of the Terms of Service on our website will prevail.

4. Bazaa Rights

i. We reserve the right to modify or terminate the Service for any reason, without notice at any time.

ii. We reserve the right to refuse the Service to anyone for any reason at any time.

iii. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate the Terms of Service.

iv. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Bazaa customer, Bazaa employee, member, or officer will result in immediate Account termination.

v. Bazaa does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.

vi. We reserve the right to provide our Service to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Bazaa employees and contractors may also be Bazaa customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

vii. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, and any other information as we may, in our sole discretion, consider necessary.

viii. Bazaa retains the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Bazaa reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

5. Limitation of Liability

i. You expressly understand and agree that Bazaa shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.

ii. In no event shall Bazaa or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Service or these Terms of Service (however arising including negligence. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Bazaa partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.

iii. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

iv. Bazaa does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

v. Bazaa does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

vi. Bazaa does not warrant that the quality of any products, services, information, or other items purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

6. Waiver and Entire Agreement

The failure of or delay by Bazaa to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Bazaa and govern your use of the Service, superseding any prior agreements between you and Bazaa (including, but not limited to, any prior versions of the Terms of Service).

7. Intellectual Property and Customer Content

i. Subject to section 7(v), we do not claim any intellectual property rights over the Materials you provide to the Bazaa service. All Materials you upload remains yours.

ii. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your store; (b) to allow Bazaa to store, and in the case of Materials you post publicly, display, your Materials; and (c) that Bazaa can, at any time, review all the Materials submitted to its Service, although Bazaa is not obligated to do so.

iii. You are responsible for compliance of the Materials with any applicable laws or regulations.

iv. We will not disclose your confidential information to third parties, except as required in the course of providing our Service. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

v. Bazaa shall have the non-exclusive, non-transferable, royalty-free, worldwide license to use the names, images, trademarks, service marks and logos associated with your store to promote the Service.

8. Guidance information

While we may provide information related to pricing, shipping, listing, sourcing, and other guidance in our Services such guidance is solely informational and you may decide to follow it or not.

9. Payment of Fees

i. You will pay a $15 fee, applicable to your subscription to the Service (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of any products or services such as shipping, apps, domain names or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.

ii. You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Bazaa will charge applicable Fees to the credit card account that you authorise (“Authorised Card”), and Bazaa will continue to charge the Authorised Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in Singapore dollars (SGD), and all payments shall be in SGD currency.

iii. Subscription Fees are payable in advance and will be automatically billed following each monthly interval (each such date, a “Billing Date”).

iv. Transaction Fees and Additional Fees will be charged from time to time at Bazaa’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. In addition, an invoice may appear on the Account page of your Bazaa administration console. Users have two weeks to bring up and settle any issues with the billing of Subscription Fees.

v. All Fees are exclusive of applicable governmental sales, goods and services, harmonised or other taxes, fees or charges now in force or enacted in the future (“Taxes”).

vi. If you are a resident of Singapore, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of the Service or any of Bazaa’s products and services. These Taxes are based on the rates applicable to the Singapore billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorised Card.

vii. Bazaa does not provide refunds.

10. Cancellation and Termination

i. You may cancel your subscription at any time before the next Billing Date and termination of the Service is effective at midnight on the last day of the subscription period;

ii. If you change your mind about the cancellation and resume your subscription before the next Billing Date, then the cancellation is voided;

iii. Upon termination of the Service:

a) you may still log into your Account and preview your store however it will no longer be publicly accessible;

b) unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;

c) any outstanding balance owed to Bazaa for your use of the Service will immediately become due and payable in full; and

d) we make no guarantee that your store and any Materials will not be deleted.

iv. If you purchased a domain name through Bazaa, upon cancellation, your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider;

v. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again;

vi. We reserve the right to modify or terminate the Bazaa Service or your Account for any reason, without notice at any time.

vii. Without limiting any other remedies, Bazaa may suspend or terminate the Services or your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the site.

11. Modifications to the Service and Prices

i. Prices for using the Service are subject to change upon 30 days’ notice from Bazaa. Such notice may be provided at any time by posting the changes to the Bazaa Site (bazaa.com) or the administration menu of your Bazaa store via an announcement.

ii. Bazaa reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.

iii. Bazaa shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

12. Third Party Services

i. In addition to these Terms of Service, you also agree to be bound by the additional service- specific terms applicable to services you purchase from, or that are provided by, Bazaa partners or other third parties engaged by Bazaa for the purposes of providing the Service.

ii. Bazaa may from time to time recommend and provide you with access to software, applications (“Apps”), products, services or website links including those provided by third parties (“Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Service or Bazaa website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.

iii. We do not provide any warranties with respect to Third Party Services. You acknowledge that Bazaa has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Bazaa’s websites, or the integration or enabling of such Third Party Services with the Service, does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Bazaa. Bazaa strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.

iv. If you install or enable a Third Party Service for use with the Service, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Service, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Bazaa is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.

v. Under no circumstances shall Bazaa be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if Bazaa has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

vi. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Bazaa partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

13. Contract (Rights of Third Parties) Act (Chapter 53B)

The Contracts (Rights of Third Parties) Act (Chapter 53B) does not apply to these Terms of Service, except as provided for in these Terms of Service. Except for Bazaa and its affiliates, no other person will have any right whatsoever under the Contracts (Rights of Third Parties) Act (Chapter 53B) to enforce this Terms of Service or have the benefit of any of its terms.