Welcome to Bazista. We’re so glad you’re here. Make yourself comfortable and have a good time, but please follow our house rules.
- Accepting These Terms
- Other Documents We Mentioned
- Your Privacy
- Your Account with Bazista
- Your Content
- Your Use of Our Services
- Warranties and Limitation of Liability
- Disputes with Other Users
- Disputes with Bazista
- Changes to the Terms
1. Accepting These Terms
The Terms are a legally binding contract between you and Bazista (actually, if you live in EU, the contract is between you and Bazista OU; if you live elsewhere, the contract is between you and subsidiary of Bazista OU).
Please note that Section 11. Disputes with Bazista, contains an arbitration clause. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
This contract sets out your rights and responsibilities when you use Bazista.com, our mobile apps, and the other services provided by Bazista, so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. You with us? Great, read on!
2. Other Documents We Mentioned
Bazista’s Services connect people around the world to sell, and buy goods and services. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:
If you list any items for sale through our Services, these policies apply to you. You can read more in Seller Policy, Seller Standart and Seller protection policy.
If you use our Services to browse or shop, these policies apply to you. You can read more in Buyer policy end Payment policy.
Our rules for Third Parties. These policies apply to:
- Intellectual property owners
- Anyone requesting information from Bazista
- Bazista API users
3. Your Privacy
Both Bazista and sellers process members personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyer’s personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Bazista, will be responsible for that unauthorized disclosure.
If, however, Bazista and sellers are found to be joint data controllers of buyer's personal information, and if Bazista is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Bazista for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification below for more information about your indemnification obligations to Bazista.
4. Your Account with Bazista
You’ll need to create an account with Bazista to use some of our Services. Here are a few rules about accounts with Bazista:
A) You must be 18 or older to use our Services. Otherwise, if you are 13 or older, you may only use our Services under the supervision of a parent or legal guardian who manages your account. Children under 13 are not permitted to use Bazista or the Services.
B) Be honest with us. Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
C) Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, or infringes someone’s intellectual property rights, or otherwise violates the Terms.
D) You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
E) Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
F) Let's be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Bazista.
This detailed Help article should answer any questions you have about registering an account with Bazista. Have any additional questions? Please feel free to ask us: [email protected]
5. Your Content
Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it. That includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
A) Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
B) Permission to use Your Content. By posting Your Content through our Services, you grant Bazista a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Bazista function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.
C) Rights You Grant Bazista. By posting Your Content, you grant Bazista a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Bazista, your Bazista shop, or the Services in general, in any formats and through any channels, including across any Bazista Services or third-party website or advertising medium.
That sounds like a lot, but it’s necessary for us to keep Bazista going. Consider these examples: if you upload a photo of a listing on your Bazista shop, first, we have permission to display it to buyers, and second, we can resize it so it looks good to a buyer using our mobile app; if you post a beautiful photo of your latest handmade necklace, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and Bazista.
D) Reporting Unauthorized Content. Bazista has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact to our Support team. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.
E) Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Bazista’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
6. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
A) Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; you must comply with our Sanctions Policy and don’t engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Bazista, another Bazista user, or a third party.
B) Pay Your Bills. You are responsible for paying all fees that you owe to Bazista. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
C) Don’t Steal Our Stuff. You agree not to reverse engineer or attempt to obtain the source code of the Services. If you want to use our API, please contact our support team: [email protected]
D) Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
E) The names “Bazista” and the other Bazista marks, phrases, logos, and designs that we use in connection with our Services, are trademarks of Bazista in the EU and other countries.
F) Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Bazista (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
G) Talk to Us Online. Bazista will provide you with certain legal information in writing. By using our Services, you’re agreeing that we can send you information electronically (by email, etc.) instead of mailing you paper copies and that your electronic agreement is the same as your signature on paper.
Termination By You. We'd hate to see you go, but you may terminate your account with Bazista at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills.
Termination By Bazista. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Bazista may refuse service to anyone, at any time, for any reason.
If you or Bazista terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services. Bazista reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
8. Warranties and Limitation of Liability
Items You Purchase. You understand that Bazista does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Bazista cannot and does not make any warranties about their quality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Bazista from any claims related to items sold through our Services, including for defective items.
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Bazista is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Services to interact with other individuals. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others.
Promotions. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
Warranties. Bazista is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that: (i) the Services will be available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free harmful materials; or (iv) the results of using the Services will meet your expectations.
Liability Limits. To the fullest extent permitted by law, neither Bazista, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms.
9. IndemnificationWe hope this never happens, but if Bazista gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Bazista (including any of our employees) and hold us harmless from any legal claim or demand that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
10. Disputes with Other Users
If you find yourself in a dispute with another user of Bazista’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
You release Bazista from any claims, demands, and damages arising out of disputes with other users or parties.
11. Disputes with Bazista
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
A) The Terms are governed by the laws of the EU. These laws will apply no matter where in the world you live, but if you live outside of the EU, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
B) We’re based in Tallin, Estonia Republic, so any legal action against Bazista related to our Services must be filed and take place in Estonia. That means the seat of any arbitration shall be Estonia.
C) If you are a government agent or entity in EU using the Services in your official capacity the Terms and any action related to the Terms will be governed by the laws of the Estonia Republic and EU.
D) If we make any changes to this “Disputes with Bazista” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Bazista prior to the date the changes became effective. Bazista will notify you of substantive changes to the “Disputes with Bazista” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Bazista a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Bazista in accordance with the provisions of this “Disputes with Bazista” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
12. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms