Terms of Service

1. Eligibility and accounts

• You must be at least 18 years old and legally able to form a contract. The Service is not offered to anyone barred from it under applicable law or previously removed by us.
• You must provide accurate registration information and keep it current. One person or legal entity per account unless we agree otherwise in writing.
• You are responsible for all activity under your account and for safeguarding your credentials. Notify us immediately at hello@thebezaar.com of any suspected unauthorised access.
• If you use the Service for an organisation, you represent that you are authorised to bind that organisation, and "you" includes it.

2. What Bezaar is — and is not

Bezaar is a reverse marketplace: buyers post Wanted Ads and sellers respond with offers. We provide a venue and communication tools only. We are not a party to, agent for, broker, insurer, escrow agent, auctioneer, appraiser, or guarantor of any transaction between members. We do not take custody of goods, do not process member-to-member payments, do not verify listings or the identity, solvency, licensing or trustworthiness of members except where a badge expressly says a specific check was performed, and we do not guarantee that any Wanted Ad will receive a response or that any transaction will complete.

3. Your content and licence to us

"User Content" means anything you submit: Wanted Ads, responses, images, messages, reviews, profile details and reports. You retain ownership of your User Content. You grant Bezaar a worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to host, store, reproduce, adapt for formatting and display, publish, distribute and publicly display your User Content for the purposes of operating, securing, improving and promoting the Service. This licence ends for new uses a reasonable time after you delete the content or your account, except for copies retained in backups, in aggregated or de-identified form, in records we must keep, or already shared with other members.

You represent and warrant that:

• you own or have all rights needed to post your User Content and to grant this licence;
• your User Content and the items or services it describes do not infringe any third-party right and do not violate any law or the Acceptable Use Policy;
• any listing you post is genuine and any statement of fact in it is accurate.

We have no obligation to monitor User Content, but we may review, refuse, edit, restrict or remove any content, and limit or suspend any account, at our discretion.

4. Feedback

If you send us ideas, suggestions or feature requests, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them for any purpose without attribution, confidentiality obligation or compensation.

5. Our intellectual property and licence to you

The Service, including its software, design, text, graphics, logos, the "Bezaar" name, and all associated intellectual property, is owned by Bezaar or its licensors and is protected by copyright, trademark and other laws. Subject to these Terms we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service for its intended purpose. You may not:

• copy, modify, translate or create derivative works of the Service;
• reverse engineer, decompile or attempt to extract source code, except where such a restriction is unenforceable under applicable law;
• scrape, crawl, harvest, index or bulk-download listings, member data or any part of the Service, or use it to build a competing or derivative dataset, model or product;
• rent, resell, sublicense or provide the Service to third parties as a service;
• circumvent rate limits, plan limits, access controls, security features or fees, or probe or test the vulnerability of any system;
• use our name, logos or branding without our prior written permission.

6. Copyright complaints (DMCA)

We respond to notices of alleged infringement under the Digital Millennium Copyright Act. Send notices to hello@thebezaar.com with: (a) a physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the material claimed to be infringing and its location on the Service; (d) your contact details; (e) a statement of good-faith belief that the use is unauthorised; and (f) a statement, under penalty of perjury, that the notice is accurate and you are authorised to act. We may remove the material, notify the poster, accept counter-notices, and terminate repeat infringers. Our designated copyright agent is the Bezaar Copyright Agent, reachable at hello@thebezaar.com. Knowingly false notices may result in liability under 17 U.S.C. §512(f).

7. Plan limits and Service changes

Free accounts have limits on active Wanted Ads and daily responses; Business membership raises them. Current limits are shown in the app and may change. We may add, modify, suspend or discontinue any part of the Service, including features you have paid for, at any time. If we permanently discontinue a paid feature you have prepaid for, your sole remedy is a pro-rata refund of the unused portion.

8. Payments, memberships and promotions

• Prices are shown in US dollars and exclude taxes unless stated. You are responsible for any sales, use, VAT/GST or similar taxes, and for any income or transaction taxes on your own sales. Where we are required to collect sales tax on our own fees, it is shown at checkout. Because we do not process member-to-member payments, we do not collect or remit tax on transactions between members.
• Authorisation. By purchasing, you authorise us and our payment processor to charge your payment method for the amounts due, including recurring charges and applicable taxes, until you cancel.
• Auto-renewal. Business memberships renew automatically at the then-current rate each billing period (monthly or yearly) until cancelled. Cancel any time in billing settings; cancellation takes effect at the end of the current period and you keep access until then.
• Promotions. Promotions for Wanted Ads and responses are one-time purchases granting increased visibility for the stated period. They do not guarantee responses, sales, ranking position, or any particular result.
• Price changes. We may change prices for future billing periods with notice before the change takes effect; continued use after renewal constitutes acceptance.
• Failed payments. We may retry charges and may suspend or downgrade paid features if payment fails or is reversed.
• Chargebacks. Initiating a chargeback without first contacting us may result in suspension. We may recover amounts owed, including reasonable costs of collection where permitted by law.
• Payments are processed by our third-party payment provider. We never receive or store your full card number.

9. Refunds

Except where a non-waivable law requires otherwise, membership fees and promotion purchases are non-refundable once the billing period or promotion has started, and partial periods are not refunded. If you were charged in error, charged after a valid cancellation, or a paid feature materially failed to function, contact us within 14 days and we will review and, if warranted, refund or credit the affected amount. Refunds are made to the original payment method. Nothing here limits statutory cancellation or refund rights that apply to you.

10. Transactions between members

Negotiation, payment, delivery, inspection, warranties, returns, taxes, licensing and disputes arising from a transaction are solely between the members involved. You are responsible for complying with all laws that apply to what you buy or sell, including consumer-protection, product-safety, export, licensing and tax rules. Meet in public places, verify goods before paying, and use payment methods with buyer protection. Any dispute between members is released as described in Section 14.

11. Third-party services

The Service relies on third parties for hosting and database infrastructure, authentication, email delivery, payment processing, mapping and location lookup, and analytics. It may also link to third-party sites. Those services are governed by their own terms and privacy policies, we do not control them, and we are not responsible for their acts, omissions, availability, content or security practices.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, BEZAAR DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT CONTENT OR MATCHING RESULTS WILL BE ACCURATE OR COMPLETE, OR THAT NOTIFICATIONS OR EMAILS WILL BE DELIVERED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BEZAAR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, LOSS OF GOODWILL, OR LOSS OR CORRUPTION OF DATA, ARISING OUT OF OR RELATING TO THE SERVICE, ON ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

These limits apply to the maximum extent permitted by law and do not exclude liability that cannot lawfully be excluded, such as liability for fraud, fraudulent misrepresentation, gross negligence or wilful misconduct where applicable law so provides. Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you.

14. Release of member disputes

If you have a dispute with another member, you release Bezaar and its affiliates from all claims, demands and damages of every kind arising out of or connected with that dispute. We may, but are not obliged to, assist in resolving it. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

15. Indemnification

You will defend, indemnify and hold harmless Bezaar and its officers, directors, employees and agents from and against any claims, demands, actions, damages, losses, liabilities and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your User Content; (b) your use of the Service; (c) your breach of these Terms or any policy incorporated into them; (d) your violation of any law or the rights of a third party; or (e) any transaction or dispute between you and another member. We may assume exclusive defence and control of any matter subject to indemnification, at your expense, and you will cooperate with us. You may not settle any matter that imposes obligations on us without our prior written consent.

16. Dispute resolution, arbitration and class-action waiver

16.1 Informal resolution first

Before starting arbitration or a court claim, you agree to email hello@thebezaar.com with a description of the dispute and the relief sought, and to negotiate in good faith for 30 days. This step is a condition precedent to formal proceedings.

16.2 Binding individual arbitration

If the dispute is not resolved, you and Bezaar agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration rather than in court, except as stated in 16.4. The Federal Arbitration Act governs the interpretation and enforcement of this section. Arbitration is administered by the American Arbitration Association under its Consumer Arbitration Rules, by a single arbitrator. The arbitration is seated in Travis County, Texas, and may proceed by documents, telephone or video at your election unless the arbitrator requires an in-person hearing. AAA filing, administrative and arbitrator fees are allocated under the AAA Consumer Arbitration Rules, and we will pay the portion of those fees that exceeds what a court filing fee would cost you for claims of $10,000 or less. Each party otherwise bears its own attorneys' fees unless a statute or the award provides otherwise. Judgment on the award may be entered in any court of competent jurisdiction.

16.3 Class-action waiver

YOU AND BEZAAR AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court.

16.4 Exceptions

Either party may bring a qualifying claim in small-claims court, and either party may seek injunctive or equitable relief in court to protect intellectual property or prevent unauthorised access to the Service.

16.5 Opt-out

You may opt out of arbitration and the class-action waiver by emailing hello@thebezaar.com with your account email and the words "arbitration opt-out" within 30 days of first accepting these Terms. Opting out does not affect the rest of these Terms.

16.6 Time limit

Any claim must be brought within one year after it arises, to the extent permitted by law.

17. Governing law and venue

These Terms are governed by the laws of the State of Texas, USA, without regard to its conflict-of-laws rules, and the UN Convention on Contracts for the International Sale of Goods does not apply. For any dispute not subject to arbitration, you and Bezaar submit to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas, and each party waives any objection to that venue. If the law of your home state gives you a non-waivable right to bring a claim where you live, these Terms do not remove that right.

18. Suspension and termination

• You may stop using Bezaar and delete your account at any time in Settings.
• We may suspend, limit or terminate your account or access, remove content, and withhold paid features if you breach these Terms or any incorporated policy, if we reasonably suspect fraud, abuse, illegal activity or risk to other members or to us, if required by law, or if we discontinue the Service.
• Where practical and lawful we will give notice and, for non-serious issues, an opportunity to cure. Termination for cause does not entitle you to a refund.
• Sections that by their nature should survive termination do survive, including Sections 3–6 and 11–20.

19. Changes to these Terms

We may update these Terms. For material changes we will provide reasonable notice, such as an in-app notice, an email, or an updated "last updated" date before the change takes effect. Continued use after the effective date constitutes acceptance. If you do not agree, stop using the Service and cancel any paid plan.

20. General

• Entire agreement. These Terms and the incorporated policies are the entire agreement between you and Bezaar regarding the Service.
• Severability. If a provision is unenforceable, it is limited or severed to the minimum extent necessary and the rest stays in force.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.
• No third-party beneficiaries. Except for the indemnified parties named above, these Terms create no third-party rights.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
• Relationship. No partnership, joint venture, employment or agency is created between you and Bezaar.
• Notices. We may send notices to your account email or via the Service. Send notices to us at hello@thebezaar.com.

21. Contact

Questions about these Terms: hello@thebezaar.com. We respond to all legal and account notices sent to that address.