1. Introduction, Acceptance, Definitions, and Modifications Welcome to Baaz! We hope you will enjoy and appreciate using our “Services”, which may be visiting or using the website at https://baaz.live or any subdomain thereof (the “Website”), or participating in a live shopping “Event” (which you may be running) that may occur on a variety of platforms. Events may include the purchase of “Products” facilitated by the Services.
By interacting with the Services in any way, by clicking or tapping the acceptance button upon signing up for an account, or by registering for an account, you hereby accept to be bound by these Terms & Conditions (“TnC”) without any reservations, modifications, additions or deletions. If you do not agree to all the provisions contained in the TnC, you are not authorized to use the Services. The TnC is a legal and binding agreement between you and us.
If you accept or agree to these TnC on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these TnC and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
The Services are owned and operated by ATIIAD Technologies Pvt. Ltd, an Indian corporation located in Bengaluru, Karnataka at the address listed below. Where the present TnC refers to “Baaz” they may refer to Baaz Technologies Pvt. Ltd. and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TnC shall also refer to Baaz and / or its Representatives.
In these TnC, a Services user may be referred to as “you” or “your”. When a Services user has created an account for the creation and operation of Events, they may be referred to as a “Merchant”. When a Services user is viewing or participating in an Event they may be referred to as a “Shopper”.
2. Contacting Us If you have any questions about the TnC,
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If you have any questions regarding the Services themselves or an Event, please contact firstname.lastname@example.org
6. Event Use Policy As a Merchant, when using the Services to create and run an Event, you acknowledge and agree that your Event will respect the prohibitions as outlined in this section, which may be referred to as the “Event Use Policy”. As a Merchant, when using the Services to create and run an Event, you acknowledge and agree that your Event shall in no way be related to the following activities or that any Product sold relates to the following industries: The sale of narcotics, drugs, prescription drugs, research chemicals or any other controlled substances, or drug paraphernalia; The sale of stolen or counterfeit goods, whether physical or virtual; The sale of any items, whether physical or virtual, that infringe or violate any intellectual property rights including but not limited to copyrights, trademarks, trade secrets, or patents, or any items (including any software or hardware) which facilitate the infringement or violation of intellectual property rights; The sale of ammunition, firearms, explosives (including fireworks), firearm parts, or other weapons regulated under applicable law or as determined by Baaz; The sale of any Product that promotes hate, violence, or racial intolerance, The sale of any Product that encourages, promotes, facilitates or instructs others to engage in an illegal activity; The sale of any personal information (including but not limited to financial information) of any third party; The sale or rental of any pornography or other adult content; Any gambling or related activities, or Products related to same; Any pyramid, Ponzi, or other “get rich quick” schemes, or certain multi-level marketing programs; The sale or rental of any software, software service or hardware that includes malware, viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form; or Any activity or Product that violates any applicable law. Baaz and its Representatives will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your failure to adhere to the Event Use Policy, and disclaims any responsibility in this regard. Baaz reserves the right to terminate your account, immediately and without notice, for any violation of the Event Use Policy. In the event that Baaz becomes aware that this Event Use Policy is violated during a live Event, Baaz reserves the right to immediately terminate the Event without notice. In addition to the Event Use Policy as found in this section, as a Merchant your Events are also subject to the User Content Policy as found further in these TnC.
7. Live Shopping Disclaimer for Shoppers If you are interacting with the Services as a Shopper during an Event, the purchase of Products is not controlled by Baaz but by the Merchant running the Event. If you have any issues with or questions about the Event, or the Products sold through the Event, or any Products you have purchased during an Event, you should contact the Merchant who ran the Event. Without limiting the generality of the Disclaimer of Warranties further in these TnC, Baaz and / or its Representatives shall not be responsible for any loss or damage, pecuniary or otherwise, resulting from your interaction with a Merchant or your purchase of Products from the Merchant, and Baaz disclaims any responsibility thereto.
10. Interruption of Services From time to time, the Services may be unavailable for periods of time for maintenance and / or modifications to the Services. While we will endeavour to make this unavailability as brief as possible, Baaz shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Services, and disclaims any responsibility thereto.
12. Disclaimer of Warranties You expressly understand and agree that your use of the Services, the information thereon (whether provided by Baaz or third parties) or any activity arising from your use of the Services or the information thereon or the materials downloaded therefrom is at your sole risk. The Services, any materials downloaded therefrom, or any third party materials, are provided on an “as is” and “as available” basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Services or any other functionalities of the Services, or losses or damages (financial or otherwise) resulting from your use of the Services, the information thereon, any materials downloaded therefrom, or any activity arising from the use of the Services, the information thereon or any materials downloaded therefrom. The information or resources provided through the Services, written or produced by Baaz staff, freelance writers or other subcontractors hired by Baaz are expected to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Services are as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur. Baaz shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Services or the information thereon, or your reliance on such information whether the information is correct or not. Baaz expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Services, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. Baaz, its affiliates and their respective Representatives, do not warrant that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content (whether provided by Baaz, Merchants or third parties) available at or through the Services are free of viruses or other harmful components; or (iv) the results of using the Services or any content downloaded will meet your requirements. Some of the content displayed on the Services may include elements that belong to or are provided by third parties. You acknowledge that Baaz assumes no responsibility for such content. To the extent that the law does not permit a disclaimer of warranties, all content accessible on the Services, or any other website to which we link, and all operations on this Services are warranted only to the minimum amount legally required.
13. Limitation of Liability In no case will Baaz or its Representatives or licensees be liable for any indirect, special, consequential, exemplary, punitive damages or other damages, or for any losses, damages, liabilities, costs and expenses arising out of or relating to (i) your access, use, misuse or inability to access or use the Services or (ii) the interruption, suspension or termination of any part of or all the Services; and in both cases (i) and (ii) regardless of the cause of action (whether in contract, warranty, delict, quasi-delict, tort, negligence, strict liability or any other theory of liability) and even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary in the TnC, in no event will our aggregate liability for any claims in connection with your use of the Services exceed the amount of the Fee you have paid in the previous six months. You expressly understand and agree that Baaz or its Representatives or licensees shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, tort, strict liability, negligence, general civil liability or any other cause of action under legal or equitable theory, relating to the Services, the information on the Services, your use of the Services, activities arising from your use of the Services, any third party materials on the Services, or any materials downloaded from the Services. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by Baaz or its Representatives; any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.
15. Governing Law and Applicable Jurisdiction These TnC and your use of the Services shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws applicable therein in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Baaz shall be brought exclusively in the courts located in the Judicial District of Montreal, Canada. Notwithstanding the foregoing, Baaz shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Montreal court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Montreal court.