Terms of Service

Terms of Service

Date of Last Revision: February 5, 2021

WeClo FZE, (as applicable, ” WeClo”, “we,” “us,” and/or “our”) provides its services (described below) to you through its mobile applications “Bazaara” and other software made available by WeClo FZE, and its websites located at https://www.bazaara.ae (collectively, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, these “Terms”). We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time without further notice. You should periodically visit this page to review the current Terms so you are aware of any revision to which you are bound and print a copy of these Terms for your records. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date these terms were last revised. We may also notify you, either through the Services user interface, in an email notification, or through other reasonable means. Any such changes will become effective for existing users no earlier than ten (10) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service.

This Agreement governs your use of the Bazaara application, website, call center, and technology platform (as applicable, the “Bazaara Platform”, “Bazaara”, “Bazaara Website”, “Website”, “Site”, and/or “Bazaara app”). Generally, the right to operate the Bazaara Platform is licensed by WeClo to its relevant Affiliates, and the relevant Affiliate in your jurisdiction provides you the right to access and use the Bazaara Platform in your jurisdiction.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. PLEASE INDICATE YOUR ACCEPTANCE TO THESE TERMS IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED BY WECLO FZE. INDICATING ACCEPTANCE ESTABLISHES A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN YOU AND WECLO FZE. IF YOU DO NOT ACCEPT THESE TERMS, YOU CANNOT USE THE SERVICE.

By accepting the Terms and Conditions, you agree to:

  • Read and understand the aforementioned and following terms;
  • Accept all the obligations stated herein;
  • Be over the age of 18 years old and have adequate legal capacity to use the Services. All account holders must be at least 18 years of age to use the Bazaara Platform. Therefore, this policy does not discuss the use of the Services by minors.
  • Customers using the website and app who are minor / under the age of 18 shall not register as a user of the website and shall not transact on or use the website.
  • Cardholders must retain a copy of transaction records and Merchant policies and rules.
  • The user is responsible for maintaining the confidentiality of his/her account.

The Terms include, and incorporate by reference, the following policies: the WeClo FZE / Bazaara Privacy Policy and the Fee Policy.

WeClo FZE maintains the www.bazaara.ae website (“Site”) and the Bazaara app (“App”, “Platform”).

 

Access and Use of the Service

Services Description: The Service is a technology platform that provides an online social marketplace in which consumers can list and sell their fashion and home decor items (“Items”), and buyers can browse and purchase Items. Users who purchase Items through the Service are “Buyers,” and users who list and sell Items through the Service are “Sellers.” A user may be both a Buyer and Seller. All purchases are made directly (and any contract for purchase and sale is) between the Buyer and Seller; WeClo FZE / Bazaara is not a traditional auctioneer, nor is it a Seller or carrier. The Service includes pricing and listing assistance and shipping, but not buying or selling. We may also help facilitate the resolution of disputes between our Buyers and Sellers, but, WeClo FZE / Bazaara has no control over and does, not guarantee (a) the existence, quality, safety, authenticity, or legality of items advertised on the Service; (b) the truth or accuracy of Sellers’ content or listings on the Service; (c) the ability of Sellers to sell items through the Service and ship Items within required shipping windows; (d) the ability of Buyers to pay for items purchased through the Service; or (e) that a Buyer or Seller will actually complete a transaction, effectuate trouble-free delivery and shipping or return an Item through the Service.

Third-Party Services: You may register for the Service using third-party services (e.g., Facebook Connect) and otherwise enable various third-party services to be directly integrated into your Bazaara experience. By directly integrating these services into the Service, we make your online experiences richer and more personalized. To take advantage of these features, we may ask you to register for or log into such services on the websites of their respective providers. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and WeClo FZE / Bazaara’s use, storage, and disclosure of information related to you and your use of such services within the Service (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and WeClo FZE shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.

In addition, WeClo FZE / Bazaara is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with third party services. As such, WeClo FZE / Bazaara is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party service. WeClo FZE / Bazaara enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.

Your Registration Obligations: You may also be permitted to register with the Service directly. In any case, if you choose to register for the Service (whether directly or through a third-party service), you agree to provide and maintain true, accurate, current, and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. The Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to minors or to temporarily or permanently suspended members of the Service. If you do not qualify, you can not use the Service. Additionally, WeClo FZE / Bazaara reserves the right to refuse access to, or use of the Service to anyone, and may terminate any account, at any time, in its sole discretion. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service.

Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify WeClo FZE / Bazaara of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. WeClo FZE / Bazaara will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: WeClo FZE / Bazaara reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that WeClo FZE / Bazaara shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that WeClo FZE / Bazaara may establish general practices and limits concerning the use of the Service. You agree that WeClo FZE / Bazaara has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that WeClo FZE / Bazaara reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that WeClo FZE / Bazaara reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services: When you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.

Friend Referral Program: WeClo FZE / Bazaara may from time to time offer credits to existing users that refer new users to the Service using the invite code provided by Bazaara to such existing users. Bazaara may also make certain credits available to such new users using that invite code. The amount and requirements to earn such credits will be determined, and may change, from time to time in Bazaara’s sole discretion and such program may be terminated by Bazaara at any time, in each case with or without notice to you. Furthermore, Bazaara reserves the right to limit the number and/or amount of credits that may be earned with respect to any existing user with or without notice to you. To be eligible for a credit (whether granted to an existing user or new user), the new user must be an individual that has never registered for the Service and must be using a device (not the web) for sign-up and the device being used must not be associated with an existing Bazaara account. You agree that any credit granted: (1) cannot be traded for cash or any other service; (2) may not be sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Bazaara; (3) cannot be acquired via public distribution where you are a contributor but not the primary content owner (e.g. coupon websites); (4) may expire prior to your use; (5) may be voided or deducted by Bazaara at any time for any reason without liability to Bazaara, if Bazaara believes in its sole discretion that such credits resulted from fraud or other misuse of the Referral program or the Service. If your account has been suspended (see “Termination” below), you will not be able to use such credits during the duration of your account suspension.

 

Conditions of Use

User Conduct: You are solely responsible for all descriptions, pictures of items, listings, information, data, text, software, music, sound, graphics, video, messages, or other materials (“content”) that you upload, post, publish or display (hereinafter, “post”) or otherwise transmit via the Service, and for all items that you sell or purchase via the Service. The following are examples of the kind of items, content, and/or use that is illegal or prohibited by WeClo FZE on the Bazaara app. WeClo FZE / Bazaara reserves the right to investigate and take appropriate legal action against anyone who, in WeClo FZE / Bazaara’s sole discretion, violates this provision, including without limitation, removing the offending items or content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

    • sell, post or otherwise transmit any item or content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to sell or transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of WeClo FZE / Bazaara, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose WeClo FZE / Bazaara or its users to any harm or liability of any type;
    • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • solicit personal information from anyone under the age of 18;
    • harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
    • advertise or offer to sell or buy any goods or services other than those items intended to be sold and purchased through the Service;
    • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
    • violate any applicable national or international law, or any regulations having the force of law;
    • further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
    • obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

 

Guidelines for Interactions

Bazaara is a social marketplace and community, so our members are encouraged to connect with each other through the application by following, liking, commenting, and sharing other users’ content. Here are some guidelines and rules for interacting on Bazaara:

  • Do not publish your personal information anywhere, including your full name, phone number, email address, and physical address. We want to keep the app safe to use for everyone, and doing so could result in a permanent ban on your account.
  • Other users may follow, like, comment, and share your profile and listings. You may remove them from your Followers list if you do not wish to share your content with that user.
  • The Commenting feature is only to be used for comments about a specific listing, including questions about the size, fit, color, etc. of the item. It is not to be used to connect off the Bazaara app. WeClo FZE / Bazaara reserves the right to permanently block any accounts that are sharing personal details and/or communicating to meet off the app.

Prohibited Items: WeClo FZE / Bazaara prohibits the listing or sale of any item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including, without limitation, the listing and sale of the following items:

  • Fake and/or replica brand items;
  • Fake skincare products and cosmetics;
  • Any kind of service;
  • Jobs and job-related posts;
  • Living animals and pets;
  • Community events and personal ads;
  • Food, beverages, spirits, and alcoholics;
  • Medications and tablets;
  • Flammables and flammable fireworks;
  • Gold coins and nuggets;
  • Cigarettes, e-cigarettes and other smoking equipment; and
  • Pornographic materials.

WeClo FZE / Bazaara reserves the right to screen all listings prior to them appearing in the Bazaara app. Bazaara reserves the right to approve or decline listings based on:

  • Images;
  • Prohibited items;
  • Description; and
  • Price accuracy.

WeClo FZE / Bazaara reserves the right to decline high-end and/or luxury item listings.  

Image Policy

Seller’s photographs and videos in each listing should be representative of the actual item for sale. Image clarity and focus is important to ensure that all flaws and blemishes are accurately represented on items. Any image that is blurred, distorted, out of focus or purposely hiding flaws or blemishes will be removed.

Listing Description 

Sellers must include accurate and detailed descriptions of the items they wish to sell on Bazaara. The description must include up-to-date information and details about the item including the state of the item (new, gently used, worn, used, ripped, damaged, etc.).

Price Accuracy 

Sellers must select prices that are accurate for the item they wish to sell. Bazaara moderators will remove listings that include unusually high or low prices. The package size must also be accurately selected or else the listing will be removed from Bazaara in order to avoid buyer disappointment since orders with inaccurate shipping costs will be canceled.

Special Notice for International Use; Export Controls: Software available in connection with the Service and the transmission of applicable data, if any, is subject to United Arab Emirates export controls (as applicable). No Software may be downloaded from the Service or otherwise exported or re-exported in violation of Dubai and United Arab Emirates export laws (as applicable). Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

 

Purchase and Sale Transactions

Fees: Registering for the Service is free; however, WeClo FZE / Bazaara charges certain fees for various transactions effected through the Service, as set forth in the Fee Policy. Unless otherwise stated, all fees are quoted in United Arab Emirates dirhams (AED). Visa and MasterCard are accepted for payment.

Taxes; Shipping Costs; Buyer Responsibility: Items purchased by and shipped to Buyers in locations in the United Arab Emirates may be subject to applicable VAT. Buyers are responsible for paying the applicable purchase price for a purchased item to the Seller and paying applicable taxes and/or duties associated with the purchase and sale of any Items through the Service.

Buyers may use certain Bazaara promotions or credits towards the purchase of Items. Depending on the type of promotion or credit used, it may reduce the amount of Taxes that apply to a Buyer’s order. The application of the promotion or credit will be reflected at the time of checkout and on the receipt of purchase.

Tax costs are not included in the listed price for any items listed by Sellers through the Service but will be displayed to Buyers before confirmation of any purchase. Shipping costs are included in the listed price for any items listed by Sellers through the Service.

Estimated Taxes: When a Buyer chooses to make an offer an estimated amount of Tax may be displayed. The estimated amount of Taxes is an estimate of applicable Taxes based on several factors, including the offer price and rates of Taxes in effect at that time. If the offer price is accepted, the amount a Buyer is charged will include the amount of estimated Taxes displayed when the offer is submitted. If there is a counteroffer from the Seller, the amount a Buyer is charged will include the amount of estimated Taxes displayed when the counteroffer is accepted. The amount of Taxes may change and be updated when the order is finalized and completed through the Service.

Marketplace Collection; Taxes; Commissions; Seller Responsibility: WeClo FZE / Bazaara will collect Taxes from Buyers on behalf of Sellers where we are legally obligated to do so, including (1) those countries that have enacted legislation requiring marketplaces, like Bazaara, to collect Taxes, and (2) those countries that have agreed to allow Bazaara to collect Taxes on behalf of Sellers. In these countries, the amount of Taxes collected will be submitted by WeClo FZE / Bazaara to the appropriate taxing authority on behalf of Sellers. In those countries where Bazaara does not collect Taxes on behalf of Sellers, Sellers are responsible for collecting and submitting any Taxes to the appropriate taxing authority in accordance with relevant country or local tax laws.

Sellers are responsible for paying Bazaara’s commission, shipping costs as well as all taxes imposed or measured by Seller’s net income, net profits, income, profits, and/or revenues associated with the sale of any Items through the Service.

Payments: Buyers may pay for Items using credit cards. If you submit your payment information through the Service, then you authorize WeClo FZE / Bazaara to store that payment information and charge your payment method for any Item you purchase.

Fee Modifications: We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service. Any change will be effective upon posting of a revised Fee Policy.

Marketplace Risk: WeClo FZE / Bazaara is not affiliated with or endorsed by any designer, manufacturer, retailer, or brand of the Items made available through the Service: Bazaara is a marketplace and technology platform and is not involved in any transaction between Buyers and Sellers, does not obtain title to any purchased Items and does not act as a Buyer, Seller (or affiliate for a Buyer or Seller) or broker with respect to any transactions. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses) and all of these risks are borne by you, and not WeClo FZE / Bazaara. We encourage you to use the various functionalities of the Service (e.g., our Item commenting system) to help evaluate the user with whom you are dealing.

Bazaara does not control the behavior of users of the Service or the information or User Content (defined below) provided by other users. As a result, WeClo FZE / Bazaara does not guarantee or endorse the authenticity, quality, safety, or legality of any Items offered or sold, the truth or accuracy of any listings, or the ability of Sellers to sell Items or of Buyers to buy Items. We cannot assure you that all transactions will be completed. Additionally, WeClo FZE / Bazaara does not guarantee the ability or intent of users to fulfill their obligations in any transactions. WeClo FZE / Bazaara reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting WeClo FZE / Bazaara and its users from illegal or wrongful activities or other violations of these Terms.

FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH THE SERVICE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, ITEM DESCRIPTIONS OR THE SELLER’S REPRESENTATIONS AND THE BUYER’S ABILITY TO PAY FOR OR DELIVER THE ITEM(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SERVICE.

Sellers: You must have the right to sell the Items that you make available for sale through the Service. You must describe your Item (including the original price) and all terms of sale in your listing truthfully, accurately, and completely.

Buyers: You are responsible for reading the full Item listing before making an offer. When you make an offer and your offer is accepted by the Seller, you have a contract with the Seller.

Purchases: Buyers may offer to purchase Items from Sellers. Once an offer is accepted by Seller, the sale transaction is binding on both Seller and Buyer, and no returns, refunds, cancellations, or retractions are allowed, except as permitted by these Terms. Customers cannot cancel an order once a sales request or Make an Offer request is submitted through the App. Once the offer is accepted by Seller, Buyer must pay the purchase price for the Item through the Service. After doing so, Buyer’s obligations are complete. After Buyer pays those amounts, Bazaara will provide Seller with a courier to pick up the item from the seller. Once the item is sent to Buyer, WeClo FZE / Bazaara’s obligations for that sale are complete.

Delivery: We deliver sellers’ products to buyers within the United Arab Emirates. Shipping will be done by a third-party courier. Delivery within the United Arab Emirates cities shall be in 1-2 working days. United Arab Emirates Delivery Fees will be a flat rate of AED 20 for small packages under 5kg, AED 25 for medium packages between 5kg and 15kg, and AED 200 for large packages above 15kg or packages that require a car, truck, or van to move. Avoid any delivery delay by providing your full address along with your contact details.

Once the Buyer confirms it has received and accepted the Item (by failing to notify WeClo FZE / Bazaara of any issues with the Item within 48 hours of delivery of the Item, as determined by the tracking information), then Bazaara will credit Seller’s account with an amount equal to the purchase price received from the Buyer (less any applicable Tax), minus Bazaara’s commission and shipping cost, as set forth in the Fee Policy. Funds credited to Seller’s account may be redeemed by the Seller through a permitted third party payment provider (e.g., by ACH from Bazaara’s chosen financial institution) or used by Seller to purchase items listed by other Sellers through the Service. Users may only withdraw funds into UAE-based bank accounts. Users may not use international bank accounts to withdraw their funds. 

Returns: WeClo FZE / Bazaara may allow you to return an Item in extreme circumstances. If the Item you receive is not as described on the Listing on the Bazaara App, or if it is damaged and wasn’t described as such on the Listing on the Bazaara App, then you may request a return by reporting the issue through the Service or by emailing hello@bazaara.ae, in each case within 48 hours (two days) after delivery (as determined by the tracking information) of the Item. Some sellers may allow returns on specific items that they are selling. If a buyer wishes to return an item to a seller, and the seller allows returns, the buyer has 48 hours to initiate the return after the item is delivered to the buyer. In this case, buyers are required to pay the additional shipping charges for the return.

Refunds: Refunds will be made onto the original mode of payment and will be processed within 10 to 45 days depending on the issuing bank of the credit card. We only accept returns of products that have not been tampered with. Please note that we reserve the right to refuse any returned shipments if the product has been used or tampered with. Shipping and handling fees are non-refundable.

 

Lost Packages

If a package gets lost, WeClo FZE / Bazaara is committed to protecting both buyers and sellers if such unintended mistakes happen. WeClo FZE / Bazaara commits to either retrieving the correct package or refund the user for the fair market value of the lost item, after reaching an agreement with the buyer and/or seller. Users can only reclaim a lost package within one week after being notified that the package has been delivered.

 

Package Pick Up

The courier will make up to 3 attempts to pick up the item from the seller. After the third attempt, WeClo FZE / Bazaara reserves the right to cancel the order and refund the buyer. If a seller has multiple failed order pickups, WeClo FZE / Bazaara reserves the right to permanently terminate the seller’s account without notification.

Once a seller accepts the sale, they have a limited amount of time (1-2 days) before the courier comes to pick up the item. If the Seller does not ship the Item within that time period, then cancel the order automatically. Seller transfers the title to the Item upon shipment.

 

Intellectual Property Rights

Service Content, Software, and Trademarks: You acknowledge and agree that the Service may contain images and descriptions of fashion items and other content (collectively, “Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by WeClo FZE / Bazaara, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service, you shall not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology underlying the Service (including the Software distributed in connection therewith) is the property of WeClo FZE, our affiliates, and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service (including the Software). Any rights not expressly granted herein are reserved by WeClo FZE.

Apple-enabled Software Applications: WeClo FZE offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”). With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:

  • WeClo FZE / Bazaara and you acknowledge that these Terms are concluded between Bazaara and you only, and not with Apple, and that as between WeClo FZE / Bazaara and Apple, WeClo FZE / Bazaara, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
  • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms.
  • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iPhone OS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms.
  • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Bazaara ‘s sole responsibility, to the extent it cannot be disclaimed under applicable law.
  • WeClo FZE / Bazaara and you acknowledge that WeClo FZE / Bazaara, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringe that third party’s intellectual property rights, as between WeClo FZE / Bazaara and Apple, WeClo FZE / Bazaara, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  • If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to WeClo FZE / Bazaara by e-mail to hello@bazaara.ae.

WeClo FZE / Bazaara and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to the Apple-Enable Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enable Software as a third party beneficiary thereof.

Bazaara Credits: Bazaara Credits are not redeemable for cash or cash equivalents, are non-transferable, and may not be applied toward prior purchases. If your account has been suspended (see “Termination” below), you will not be able to use Bazaara Credits during the duration of your account suspension. Other restrictions may apply. We reserve the right to rescind at any time any credits that you may receive as a result of the referral or other promotional programs, subject to reasonable notice to you.

Electronic Communications: When you use the Service or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or providing notices via the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any such emails may include marketing and promotional content.

Third-Party Material: Under no circumstances will WeClo FZE / Bazaara be liable in any way for any items or content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any items or content posted, sold, purchased or otherwise transmitted via the Service. You acknowledge that WeClo FZE / Bazaara does not pre-screen items or content, but that WeClo FZE / Bazaara and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any items or content that is available via the Service. Without limiting the foregoing, WeClo FZE / Bazaara and its designees shall have the right to remove any item or content that violates these Terms or is deemed by WeClo FZE / Bazaara, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any items or content, including any reliance on the safety, condition, accuracy, completeness, or usefulness of such items or content.

User Content Posted on the Site: You are solely responsible for the content you post or transmit on or through the Service (collectively, “User Content”). You will not post any content that you did not create or that you do not own all right, title, and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting or otherwise transmitting any User Content you hereby grant and will grant to WeClo FZE / Bazaara and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your User Content in connection with the operation of the Service or any other products or services of WeClo FZE / Bazaara, or the promotion, advertising or marketing thereof, in any form, medium or technology is now known or later developed (including without limitation publishing your User Content on the Internet or on Third Party Services such as Facebook, sharing it with blogs, etc., and allowing other users to share listings that include your User Content).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site or the Service (“Submissions”), provided by you to WeClo FZE / Bazaara are non-confidential and WeClo FZE / Bazaara shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that WeClo FZE / Bazaara may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of WeClo FZE / Bazaara, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Infringement Policy: WeClo FZE / Bazaara respects the intellectual property of others, and we ask our users to do the same. WeClo FZE / Bazaara will promptly process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • a statement by you that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

  • your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • your name, address, telephone number, and email address.

If a counter-notice is received by the Copyright Agent, WeClo FZE will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

The above information should be sent to WeClo FZE’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement by email to the following address: hello@bazaara.ae (Subject line: “Copyright”).

 

Third-Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. WeClo FZE / Bazaara has no control over such sites and resources and WeClo FZE / Bazaara is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that WeClo FZE / Bazaara shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third-party, and you agree that WeClo FZE / Bazaara is not liable for any loss or claim that you may have against any such third party.

 

Indemnity and Release

You agree to release, indemnify and hold WeClo FZE and its affiliates and their officers, employees, directors, and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service (including any sale or purchase of any items through the Service), any User Content, your connection to the Service, your violation of these Terms or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such Indemnitee.

 

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WECLO FZE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WECLO FZE MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE BAZAARA APP OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

 

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WECLO FZE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WECLO FZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE (INCLUDING ANY INJURY OR OTHER BODILY HARM THAT MAY RESULT FROM YOUR USE OF THE SERVICE); (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL WECLO FZE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF COMMISSIONS THAT YOU HAVE PAID TO WECLO FZE / BAZAARA AS A SELLER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DIRHAMS (AED 100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

 

General Rules on Competitions, Contests, and Giveaways

Unless otherwise specified, Bazaara will conduct all competitions, contests, and giveaways (each a “Competition”) as described in this section and by entering or participating in a Competition, each entrant or participant (“Entrant”) agrees to these rules whether or not any separate additional specific terms apply to the Competition.

When entering or participating in a Competition, an Entrant may be eligible for a prize specified in the corresponding promotional material (the “Prize”). Bazaara may reject an entry at its own discretion, provided that such rejection will not conflict with applicable law.

The Prize is non-transferable, non-exchangeable and no cash alternative is offered. In the event of a Prize being unavailable, Bazaara reserves the right to offer an alternative prize of equal or greater value if circumstances beyond Bazaara’s control makes it necessary to do so. To the extent permitted by law, the Competition Winner will be responsible for any and all taxes incurred in relation to the receipt of the Prize.

Participation in a Competition does not automatically mean that the Entrant has won the Prize. A winning entry (the “Competition Winner”) will be chosen by random draw (performed by a computer processor supervised by an independent third-party) or by a panel of individuals adjudicating the entries. Reasonable efforts will be made to contact the Competition Winner but if the Competition Winner cannot be contacted or fails to reply to Bazaara’s communication within the communicated timeframe, Bazaara reserves the right to offer the prize to the next eligible Entrant. WeClo FZE / Bazaara will not be liable if the Prize does not reach the Competition Winner for reasons beyond our reasonable control.

Without prejudice to the “Disclaimers; Limitation of Liability; Indemnity” section, neither WeClo FZE nor any Affiliates or Partners involved in a Competition will accept responsibility or liability for any errors, omissions, interruptions, deletion, or unauthorized access to Competition entries, or entries lost or delayed whether or not arising as a result of server functions, virus, bugs, or other causes outside WeClo’s, an Affiliate’s and/or a Partner’s control. IN NO EVENT SHALL WECLO FZE AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO ANY ENTRANT FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH ANY COMPETITION OR ANY MATERIAL PUBLISHED IN RELATION TO A COMPETITION EXCEED THE MONETARY VALUE OF THE PRIZE.

WeClo FZE / Bazaara reserves the right to cancel or amend the Competition and any associated terms and conditions. Any changes will be notified to the Entrants as soon as reasonably practical. If these terms do not, or do not clearly, cater for a solution to any matter which may arise, then WeClo FZE / Bazaara shall have the sole discretion to decide finally on any such matter. WeClo FZE / Bazaara’s decisions on any aspect of the Competition are final and binding and no correspondence will be entered into about it.

 

Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and WeClo, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. You agree that, by entering into these Terms, you and WeClo are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

Arbitration Procedures

Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to WeClo, the Bazaara Platform or this Agreement, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules’ Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its registered office. The language of the mediation and/or arbitration shall be English unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.

Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Service to the contrary, WeClo agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending WeClo FZE / Bazaara written notice within thirty (10) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination

You agree that WeClo FZE / Bazaara, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any items or content within the Service, for any reason, including, without limitation, for lack of use or if WeClo FZE / Bazaara believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. WeClo FZE / Bazaara may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that WeClo FZE / Bazaara may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that WeClo FZE / Bazaara shall not be liable to you or any third-party for any termination of your access to the Service.

 

User Disputes

You agree that you are solely responsible for your interactions (including any purchase and sale transactions) with any other user in connection with the Service and WeClo FZE / Bazaara will have no liability or responsibility with respect thereto. WeClo FZE / Bazaara reserves the right but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

 

General

The United Arab Emirates is our country of domicile and the governing law is the local law.

We will not trade with or provide any services to OFAC and sanctioned countries.

These Terms constitute the entire agreement between you and WeClo FZE / Bazaara and govern your use of the Service, superseding any prior agreements between you and WeClo FZE / Bazaara with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software. The United Arab Emirates is our country of domicile and the governing law is the local law. With respect to any disputes or claims not subject to arbitration, as set forth above, you and WeClo FZE / Bazaara agree to submit to the personal and exclusive jurisdiction of the DIFC courts located within the United Arab Emirates. The failure of WeClo FZE / Bazaara to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, to the fullest extent permitted by applicable law, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within sixty (60) days after such claim or cause of action arose or be forever barred. This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for writing; and (b) legally enforceable as a signed agreement. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

 

Your Privacy

At WeClo, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

 

Questions? Concerns? Suggestions?
Please contact us to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.

WeClo FZE
Dubai Technology Entrepreneurship Centre, Dubai Silicon Oasis
Dubai, United Arab of Emirates

PO Box 6009
hello@bazaara.ae