Conditions of Use

  1. CONDITIONS OF USE

    Welcome to BazariaOnline.com, your free advertising place. These conditions of use are intended to assist keep BazariaOnline.com a safe place to buy sell and advertising.

    1.1    Acceptance of conditions of use: The conditions of use are the terms on which BazariaOnline.com Limited offers you access to the Services and the Website. By registering as a member of BazariaOnline.com you accept these conditions of use. If you do not accept these conditions of use, you must refrain from using the Services.

    1.2    Amendment of conditions of use: These conditions of use may be amended in whole or in part by BazariaOnline.com from time to time. Amendments will be effective immediately upon posting of the amended conditions of use on this Website. You are responsible for ensuring you are familiar with the latest conditions of use. Your continued use of the Services represents your agreement to be bound by the conditions of use as amended.

    These conditions of use were last updated 1 June 2009.

    1.3    Terminology: In these conditions of use, the following expressions have the meanings set out:

    'item', 'items' means goods or property that may be bought or sold through the auction or classified process;
    'member' means a registered member of BazariaOnline.com;
    'Services' means any one or more of the services offered by BazariaOnline.com Limited from time to time, including online auctions, classifieds, message boards, sms alerts and any other service that BazariaOnline.com may offer;
    'we', 'us' and 'our' are a reference to BazariaOnline.com;
    'you' and 'your' are a reference to you;
    'Website' means any BazariaOnline.com website through which the services are offered;
    'listing' means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item or job.;
    'seller' includes any person placing a listing.

  2. SPECIFIC WARNINGS

    2.1    The services: BazariaOnline.com provides a venue to introduce members who want to buy and sell items. BazariaOnline.com does not take any part in the sale of items other than by providing our Website as a venue for members. We do not act as agent for either party and do not participate in any sale or transaction between you and other members or visitor.

    2.2    At your own risk: Transactions and all other contact between you and other members or visitor are conducted entirely at your own risk. You agree that BazariaOnline.com takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. BazariaOnline.com gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, including:

    1. about ownership of any item;

    2. as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the Website;

    3. as to the accuracy or truth of listings;

    4. that any item will meet your requirements or expectations; or

    5. about the ability of members to complete a transaction, including credit card transactions.


    2.3    Disclaimer: You expressly understand and agree that:

    1. your use of the services is at your sole risk. The Website and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, BazariaOnline.com disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;

    2. BazariaOnline.com does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable;

    3. no advice or information that is obtained by you from BazariaOnline.com or anyone else shall create any warranty by BazariaOnline.com that is not expressly stated in the conditions of use; and

    4. responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute BazariaOnline.com's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.


    2.4    Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of BazariaOnline.com to you or any other person under or in connection with these conditions of use, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. BazariaOnline.com liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

    2.5    Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these conditions of use, your failure to complete a transaction, your use of BazariaOnline.com's message boards, your sale or attempted sale of an item prohibited under clause 4.2(d), or arising out of any content or item you submit, post, transmit, or make available through the Services.

    2.6    Breach: Without limiting any other rights and remedies available to BazariaOnline.com, BazariaOnline.com may limit your activities on the Website, remove your listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these conditions of use or where BazariaOnline.com considers it appropriate.

  3. BECOMING A MEMBER

    3.1    Becoming a Member: Becoming a member is free. You may only register as a member if you are resident in Malaysia.

    3.2    Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by BazariaOnline.com to ensure it is kept current at all times. You must not register as a member under multiple identities or personas (whether false or not).

    3.3    Termination of membership: BazariaOnline.com reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, BazariaOnline.com may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable.

    3.4    Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:

    1. not to permit any other person to use your user name or membership; and

    2. not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.

    3.5    Emails and newsletters: BazariaOnline.com will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other BazariaOnline.com products and services to you. BazariaOnline.com may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.

  4. GENERAL RULES

    4.1    General

    1. All listings made through BazariaOnline.com shall be made in good faith.

    2. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.

    3. You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose.

    4. You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the BazariaOnline.com message boards.

    5. You are responsible for any actions taken through your membership. BazariaOnline.com memberships are not transferable and therefore can not be sold, leased, lent or traded.


    4.2    Your obligations as a seller or advertiser

    1. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach this clause 4.2(d). You agree that BazariaOnline.com may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(d) at any time.

    2. BazariaOnline.com classifieds may be used by individuals or businesses to list specific items or jobs only and must not be used for multiple or generic item or job listings. You must not place multiple listings for a single item or job.

    3. Your listing may only contain a URL for a website that contains further information on the item you have listed. This website must not offer any items for sale, or contain contact details. You must not use BazariaOnline.com listings to promote a business or website other than one for sale in your listing.

    4. You must not use the Services or the Website to sell items that are of a speculative nature including, but not limited to, pyramid, surf-for-free, or similar schemes.

    5. For classifieds, you may choose to sell to any buyer at your discretion.

    6. You will only list adult rated content (videos, magazines, DVD's, etc) in the Adult category. Adult content listed in non-adult categories will be removed or moved to the Adult category.

    7. Listings are not pre-screened for content. BazariaOnline.com reserves the right to remove any listing that it deems unsuitable or in breach of the conditions of use.

    8. You must not charge unreasonable amounts for shipping and packaging costs.



    4.3    Your obligations as a buyer or user

    1. You must only access the Adult category if you are at least 18 years old.



  5. GENERAL PROVISIONS

    5.1    System Integrity: BazariaOnline.com will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, BazariaOnline.com takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, BazariaOnline.com assumes no responsibility for the corruption of any data or information held by BazariaOnline.com.

    5.2    Resolution of disputes: As BazariaOnline.com is not a party to any sale or transaction between you and another user, you agree not to involve, or attempt to involve, BazariaOnline.com in any dispute or in the resolution of disputes that arise between you and another user as a result of the Services provided, other than as provided in clause 4.3 i (i).

    5.3     Force Majeure: Without prejudice to clause 2.3(a), BazariaOnline.com has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of BazariaOnline.com to comply with these conditions of use where the same arises from any cause reasonably beyond the control of BazariaOnline.com.

    5.4     Intellectual Property Rights: BazariaOnline.com owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.

    5.5    Entire agreement: These conditions of use supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these conditions of use.

    5.6    Privacy: BazariaOnline.com collects personal information about you through your use of the Services and the Website, including:

    • your registration details; and

    • information relating to your use of the Website and the content you access.

 
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