PLEASE READ THESE TERMS OF SERVICE CAREFULLY
BY DOWNLOADING OR STREAMING THE APP YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE DO NOT DOWNLOAD OR STREAM THE APP.
1 These Terms of Service
1.1 These Terms of Service set out the basis on which you use our service and set out the terms of your relationship with us.
1.2 By setting up an account with us and/or using and accessing our Service and App (both as defined in clause 2.2 below), you confirm that you accept these Terms of Service and that you agree to comply with them. If you do not agree to these Terms of Service you must not use our App and you will not be able to use our Service.
1.3 We recommend that you print a copy of these Terms of Service for your reference.
1.4 If you are a business these Terms of Service constitute the entire agreement between us in relation to your use of the Service. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms of Service and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms of Service.
2 Who we are and how to contact us
2.1 We are Hazaar Limited, incorporated and registered in England and Wales under company number 12609346 and with registered office is at Flat 118, Hallmark Tower, 6 Cheetham Hill Road, Manchester, M4 4GA (‘we’ ‘our’ and ‘us’).
2.2 We operate a zero waste student marketplace using artificial intelligence to suggest relevant sellers and items to you, display your items to the most relevant potential buyers based on your preferences and other information submitted to it, and which allows you to buy and sell items (“Service”). The Service is made available to you via the Hazaar mobile software application which we make available for download through an app store on your mobile device (“App”).
2.3 You can contact us by writing to us at email@example.com.
2.4 If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us when registering to use our App.
2.5 "Writing" includes emails. When we use the words "writing" or "written" in these Terms of Service, this includes emails.
3 Information about you and your privacy
4 There are other terms that may apply to you
5 Changes to these Terms of Service
5.1 We may need to change these Terms of Service from time to time.
5.2 We will use reasonable endeavours to give you at least 3 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.
5.3 If you do not accept the notified changes you will not be permitted to continue to use the App and the Service and any items you have listed for sale via the App will be removed from the App.
6 Update to the App and changes to the Service
6.1 From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
6.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
7 If someone else owns the phone or device you are using
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms of Service, whether or not you own the phone or other device.
8 We are not responsible for other websites you link to
8.1 The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
8.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
9 Setting up an account
9.1 To access our Service you will need to: download our App, register with us using your university email address and set up an account with a username and password.
9.2 You must ensure the email address you provide in your account details remains active and is checked by you on a regular basis.
9.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party.
9.4 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.
9.5 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
9.6 You must be at least 17 years of age and capable in your country of residence of entering into a legally binding agreement to use our Service.
10 Hazaar Marketplace and Payments
10.1 Our Service allows you to buy items from, and sell items to, other users of our App.
10.2 You can sell your items through our Service by publishing pictures of the item you want to sell (“Sale Item”). When a user of the Service purchases a Sale Item, this amounts to a “Transaction”.
10.3 Transactions may only take place via the App and using Hazaar’s third party payment provider - Hazaar Payments via Stripe.
10.4 Your use of Hazaar Payments via Stripe through our Service is subject to Stripe's Services Agreement, which includes Stripe's Terms of Service. You agree to be bound by the Stripe Service Agreement, as the same may be modified by Stripe from time to time. As a condition of Hazaar enabling payment processing services through Stripe, you agree to provide Hazaar complete and accurate information about you and your Hazaar account. By using Stripe, you hereby authorise Hazaar and Stripe to share any information and payment instructions you provide to the extent required to complete payments via the Service. Where you use Hazaar Payments via Stripe and have given us and Stripe permission to do so, you may authorise and request Stripe to debit your bank account.
10.5 When a buyer pays for a Sale Item, the purchase funds are not automatically sent to the seller. When the buyer pays for a Sale Item, the buyer will be provided with a QR code. When a seller meets with a buyer to deliver Sale Items to the buyer, the QR code must be scanned at the same time as the Sale Items are provided to the buyer. Once this QR code has been scanned, the purchase funds provided by the buyer will be released to the seller. If the QR code is not scanned by the seller within 10 days of the buyer making a payment for the Sale Item via the App, the purchase funds will be released back to the buyer.
10.6 You shall not sell or purchase a Sale Item by making direct arrangements with the buyer or the seller to use a payment method other than the payment methods offered via the Service. If you sell or purchase a Sale Item by making direct arrangements with the buyer or the seller to use a payment method other than the payment methods offered via the Service, we may without prejudice to any other right or remedy available to us suspend or terminate your access to the Service.
10.7 When you buy or sell a Sale Item, you are entering into a contract for the purchase of that Sale Item solely with the buyer or seller and you agree that you shall comply with the terms and conditions of such contract. We shall not be a party to such contract of sale and shall not be liable to you for any breach of that contract by the buyer or seller. Complaints, questions and claims related to a Sale Item should be directed to the buyer or seller.
10.8 As we are not the seller or buyer of any Sale Items and are not party to any contract in respect of the same, we have no control and do not give any warranty, commitment or guarantee relating to the existence, description, quality, safety, genuineness, lawfulness or legality of the Sale Items, or any other content made available by users, the ability of buyers or sellers to buy (including the ability to pay) or sell (as applicable) Sale Items, or for any act or omission by buyers or sellers or any failure by the buyer or seller to comply with the terms and conditions of any contract for Sale Items.
10.9 When you buy or sell a Sale Item via our App you are responsible for complying with any applicable laws that apply to the purchase or sale (as applicable) for that Sale Item or Transaction.
10.10 We are not responsible for the conduct or any buyers and sellers on or off of our App or Service.
10.11 You agree and acknowledge that where you meet buyers and sellers in person Hazaar is not responsible for what happens when you meet such buyers and sellers and you should use caution in interactions with other buyers and sellers. We advise people to meet in a safe place, in daylight and never alone, however we shall not be liable or responsible for any act or omission of a buyer or seller when you meet them in person.
10.12 You agree and acknowledge that you will not provide your credit card, bank account and other financial information to other users of the Service or App.
10.13 You shall be liable to us and indemnify us for any breach of clauses 10.6 to 10.12. This means that you will be responsible for any loss or damage we suffer as a result of your breach of clauses 10.6 to 10.12.
11 Your right to use the Service
11.1 We are the owner or the licensee of all intellectual property rights in our Service, the App and our website, and in the material and content published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
11.2 In return for your agreeing to comply with these Terms of Service you may:
11.2.1 download or stream a copy of the App onto your mobile device and view, use and display the App and the Service on such devices for your personal purposes only;
11.2.2 provided you comply with any restrictions on the use of the App set out in these Terms of Service, make up to one copy of the App for back-up purposes; and
11.2.3 receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
11.3 You must not modify the digital copies of any materials you have downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
11.4 Our status (and that of any identified contributors) as the authors of content on our App and website must always be acknowledged (except where the content is user-generated).
12 Your content
12.1 You confirm and warrant that that any content you submit or upload to our App or website (“User Content”) whilst using the Service will meet the acceptable use restrictions set out in these Terms of Service. You will be liable to us and indemnify us for any breach of this warranty.
12.2 Any content you upload to our App or website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us a worldwide, non-exclusive, royalty-free, transferable, irrevocable and perpetual licence (with the right to grant sub-licences) to use, copy, reproduce, prepare derivative works of, display, perform, modify, and store the User Contract and to distribute and make it available to third parties for the purposes of providing our Service.
12.3 We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
12.4 We do not check or moderate any user content before it is added to the Service by users. We have the right to remove any User Content posted or uploaded to the App or our website if, in our opinion, your post does not comply with the acceptable use restrictions set out in these Terms of Service.
12.5 You are solely responsible for securing and backing up your content.
12.6 We do not store terrorist content.
13 Acceptable Use Restrictions
13.1 When using the Service you must not:
13.1.1 use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Service, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
13.1.2 infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material or content (to the extent that such use is not licensed by these terms);
13.1.3 transmit any material that is defamatory, offensive, bullying, derogatory or otherwise objectionable or that contains unlawful content, nudity or violence in relation to your use of the App or any Service;
13.1.4 use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
13.1.5 collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;
13.1.6 create more than one account on the Service (however, you may connect all your social networks or other services accounts, that we support, to your account on the Service) unless we agree otherwise;
13.1.7 provide to us any false or misleading information in your account details;
13.1.8 permit another person to use the Service under your name or on your behalf unless you are a business and such person is authorised by you to use the Service and the App;
13.1.9 send junk, spam or repetitive messages via the App or our website;
13.1.10 interfere or manipulate any ratings system or user feedback system;
13.1.11 offer to sell or buy any of the items we list as prohibited items;
13.1.12 take any action which is deliberately designed to circumvent or reduce the commission payable to us under clause 16;
13.1.13 post or upload any User Content which contains any information about another person without that person’s permission or private or confidential information of any nature whatsoever.
13.2 You agree that you will:
13.2.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the App, the Services or our website in any form, in whole or in part to any person without prior written consent from us;
13.2.2 not copy the App, Services or our website, except as part of the normal use of the App, Services or our website or where it is necessary for the purpose of back-up or operational security;
13.2.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Services, or our website nor permit the App, the Services or our website or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App, the Services or our website on devices as permitted in these Terms of Service;
13.2.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App, the Services or our website nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App or website to obtain the information necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
126.96.36.199 is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
188.8.131.52 is not used to create any software that is substantially similar in its expression to the App;
184.108.40.206 is kept secure; and
220.127.116.11 is used only for the Permitted Objective;
13.2.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App, Service or our website.
13.3 Failure to comply with this clause 13 constitutes a material breach of these Terms of Service and if you fail to comply with this clause 13, we may (without prejudice to any other right or remedy available to us):
13.3.1 immediate, temporary or permanent withdrawal of your right to use our Service;
13.3.2 immediate, temporary or permanent removal of any User Content (including the removal of Sale Items listed by you on the Service);
13.3.3 issuing of a warning to you;
13.3.4 legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
13.3.5 disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
13.4 We exclude our liability for all action we may take in response to breaches of this clause 13. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
13.5 User Content not been verified or approved by us. The views expressed by other users on the App or our website do not represent our views or values.
13.6 If you wish to complain about User Content uploaded by other users, please contact us by email at email@example.com.
14 Seller commission
14.1 Where a user sells any Sale Item to another user of the Service, the seller of the Sale Item will pay us a commission equal to 10% of the total amount received by the seller (including VAT and any other applicable taxes, if any) for the Transaction (”Commission”).
14.2 You shall pay any fees charged to you by Stripe in accordance with the terms of your agreement with them. We shall not be liable to pay any such fees to Stripe.
14.3 Our Commission will be deducted from your Stripe account or the funds transferred to you via Stripe (whichever is applicable) on receipt of the payment from the buyer for the Sale Item.
14.4 The Commission is inclusive of VAT or other sales taxes (where applicable).
14.5 If you are a business you must pay all amounts due to us under these Terms of Service in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.6 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.7 If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15 Ending our relationship
15.1 If at any time you decide you can no longer agree to these Terms of Service or any changes made to these Terms of Service or the Service, you must immediately stop using the Service.
15.2 If you wish to end your use of the Service, please contact us at firstname.lastname@example.org from the email address linked to your account and ask us to deactivate your account. Where such a request comes from someone who is not the account holder, we may ask you to provide proof of who you are and your relationship to the user in question, and any other documents we may reasonably require.
15.3 We may end your rights to use the App and Services at any time by contacting you if you have broken these Terms of Service in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
15.4 We may also withdraw the App or the Service for any reason, without notice, at any time and without any liability to you.
15.5 If we or you end your rights to use the App and Services or we withdraw the App or the Service:
15.5.1 You must stop all activities authorised by these terms, including your use of the App and any Services.
15.5.2 You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
15.5.3 We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
16 Our responsibility for loss or damage suffered by you
16.1 You alone decide whether to proceed with the sale or purchase of a Sale Item. We shall have no liability to you in relation to any Sale Items, any contract you make with the buyer or seller for any Sale Items, or any act or omission by a buyer or seller in connection with any Sale Items or a Transaction.
16.2 The Service and any content contained therein is provided on an ‘as is’ basis and we do not warrant that the Service will be uninterrupted or error-free.
16.3 The App, the Services and our website are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App, the Service or our website. Although we make reasonable efforts to update the information provided by the App, the Service or our website, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
16.4 We do not guarantee that our App or our website will be free from bugs or viruses and we are not responsible or liable for any loss or harm caused by viruses, worms or other programmes designed to impair the App or our website.
16.5 Where our App or our website contains links to other Apps, websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked Apps, websites or information you may obtain from them. We have no control over the contents of those Apps, websites or resources.
16.6 We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
16.7 The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site) meet your requirements.
16.8 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
16.9 If you are a consumer, the following terms apply:
16.9.1 If we fail to comply with these Terms of Service, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms of Service or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
16.9.2 If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
16.9.3 The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.10 If you are a business, the following terms apply:
16.10.1 All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.10.2 Subject to clause 16.8:
18.104.22.168 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Terms of Service; and
22.214.171.124 our total liability to you for all other losses arising under or in connection with these Terms of Service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in respect of each Transaction be limited to the total Commission paid or payable by you for that Transaction.
17 Resolving disputes
17.1 Disputes with us
If you have a dispute with us relating to the Service, in the first instance please contact us at email@example.com .
17.2 Disputes with other users relating to a Transaction
When you buy or sell a Sale Item, you are entering into a contract for the purchase of that Sale Item solely with the buyer or seller and you agree that you shall comply with the terms and conditions of such contract. We shall not be a party to such contract of sale and shall not be liable to you for any breach of that contract by the buyer or seller. Complaints, questions and claims related to a Sale Item should be directed to the buyer or seller.
18.1 We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
18.2 We may transfer our rights and obligations under these Terms of Service to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Terms of Service.
18.3 You may only transfer your rights or your obligations under these Terms of Service to another person if we agree in writing.
18.4 These Terms of Service do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Service.
18.5 Each of the clauses of these Terms of Service operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
18.6 Even if we delay in enforcing these Terms of Service, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms of Service, or if we delay in taking steps against you in respect of your breaking these Terms of Service, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
18.7 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you are a consumer and live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you are a consumer and live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you are a business, we both agree to the exclusive jurisdiction of the courts of England and Wales