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Terms of Service

Terms of Service for  “The Heirloom Bazaar” also known as "TheHeirloomBazaar.com"

Welcome to TheHeirloomBazaar.com (termed “the portal” henceforth in the document).

Throughout the site, the terms “we”, “us” and “our” refer to the portal or TheHeirloomBazaar.com.

We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”).

These Terms of Service apply to all users of the site, including without limitation users who are browsers, sellers, vendors, customers, merchants, and/ or contributors of content.

The Terms of Use constitute a legal agreement between the owners of TheHeirloomBazaar.com and you (the “User”).

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

If you acknowledge and agree to the following, you are authorised to use TheHeirloomBazaar.com. And the use of  TheHeirloomBazaar.com constitutes your acknowledgment and agreement to the our Terms of Use.

  1. The Role of “TheHeirloomBazaar.com”

“TheHeirloomBazaar.com” is an online web-based listing portal (termed "the portal" henceforth) offering the service of listing information and facilitating communication between Users who may be prospective "Buyers" (henceforth termed "Buyers") or “Sellers”.

The portal itself is neither a Buyer nor a Seller.

For Sellers the purpose of the portal is to offer their item for sale through a listing with photographs and descriptions with the understanding that the actual sale transaction is conducted privately with the Buyer outside the website.

For Buyers the purpose of the website is to offer a browsing gallery of listings from numerous Sellers and a channel to communicate with Sellers outside the website with the understanding that any resulting purchase / payment is to be conducted outside the website.

  1. For Users Registered as Sellers on the portal:

All Seller registrations will have to go through a basic ID verification with a Facebook or LinkedIN ID that has been active for 2 years or more.

All approved Sellers are required to pay a one-time Registration & Set-up fee in order to activate their account.

Approved Sellers, after payment of set-up fees, may create unlimited number of listings for which guidelines are provided.

A Listing Fee is charged per listing and is payable upfront, after which the will be published.

One listing may consist of only 1 item, unless it is the nature of of the item to have several components - such as a wedding ensemble. Diverse item may not be combined in one listing.

Sellers may also opt in to promote their listing in various ways.

The Seller Fees payable may change from time to time and are published on a page on the website.

Sellers grant the  portal a perpetual, irrevocable, unlimited, worldwide, fully paid/sub-licensable license to use, copy, display, distribute, and make derivative works from content posted in the listing including the photographs for the purpose of marketing the listings and the portal.

Sellers are solely responsible for

  • the accuracy of the statements made in the listing,
  • the completeness of information provided,
  • the authenticity of the item listed,
  • the full disclosure of the condition of the item and
  • the suitability of the pricing of the all of the listings they create on the website.

The content of the listing and item, the legality of the listing and the ownership claims of the listing are all the sole responsibility of the Seller.

In case of any reports of violation / dispute / disagreement with any individual, institution or government body, the website reserves the right to disable or delete the listing.

When a Seller makes a payment for registration or listing or promotion of a listing, the Seller authorize the marketplace to receive payment. Fees are non-refundable, even for listings we remove, delay, or otherwise moderate. We may refuse any listing.

Your submission of personal information through the store is governed by our Privacy Policy.

The email IDs of the Seller will be visible to all visitors to the website.

Upon request, the Facebook Linked IDs of the Seller may also be made available to the Buyer at the discretion of the portal.

  1. For Users registered as Buyers on the marketplace portal

All Buyers are required to register with an Email ID.

Registered Buyers have access to all the details of the listings and can connect to Sellers directly.

Buyers are solely responsible for building their own confidence in the reliability of the Seller through the Facebook / Linked ID verification of Sellers and conversations with Sellers.

Buyers are solely responsible for doing their own research and asking questions to judge the accuracy of the listing and make judgements regarding the authenticity, the age claims, the condition claims.

Buyers are solely responsible for judging the suitability of pricing.

Buyers are solely responsible for verifying the ownership claims of the listings seen on the website portal through videocalls and other media.

Buyers are solely responsible for checking out the legal aspects of the listing and the compliance of purchase with the relevant applicable laws.

 

  1. Communication, Payment, Shipping

Buyers communicate with Sellers directly using the contact details provided in the listing.

Buyers make payment to the Sellers directly using Paypal or any other safe platform.

Sellers ship to Buyers directly.

Communication, Payment and Shipping are conducted outside the portal and the portal is not a party to any of the agreements that the Buyer & Seller have with each other.

 

  1. Scope of Services

The portal is platform for  exchanging information and facilitating communication between Buyers and Sellers.

As the portal does not have any control over the actions of Buyers and Sellers, any agreement that Buyers & Sellers have with each other is independent of any agreement that Buyers and Sellers individually have with the website.

The only responsibility of the portal toward the Seller is to ensure that items are listed / promoted as agreed, and to create a method for interested Buyers to contact the Seller.

The only responsibility of the portal to the Buyer is provide items to browse through and enable Buyers to connect to Sellers.

  1. Dispute Resolution between Buyers & Sellers on the portal

Any dispute arising between a Buyers and a Sellers will need to be resolved with each other amongst themselves.

The portal itself is not in any position to resolve disputes between Buyers & Sellers and cannot play advocate in in the event a dispute arises.

If a  trusted payment provider like Paypal is used for payment, Paypal assists in dispute resolution between Buyers and Sellers.

 

  1. Facebook / LinkedIn Profile information

The FB / Linkedin profiles of sellers are required at the time of registration to verify the identity.

This data is not shared on any of the public pages.

The portal reserves the right to pass on the details of the Facebook / LinkedIn Id to the Buyer upon request.

 

  1. Intellectual Property

Permission is not  granted to any user, buyer or seller  to copy imitate or use the website or any element within without permission. Use of the portal does not grant any user  a licence or interest to any of the intellectual property of the website portal.

Registered Sellers have a limited licence to use the portal for their personal use to only promote their listings. No other rights to the usage of the website portal are granted.

The copyright of all digital images  used on the website remain with the respective Sellers and the portal is no way liable for any infringement of copyrights by any of the Sellers.

Seller grant The Heirloom Bazaar the right to share the listings, images and descriptions on the sister websites Wovensouls.com. wovensouls.org and on the social media pages of the admin, the owners and the sister websites for the purpose of mutually beneficial promotions.

 

  1. Disclaimers

The website does not endorse any users.

The portal accepts no responsibility other than the stated responsibility of facilitating / marketing listings by Sellers and enabling connections between prospective Buyers and Sellers.

The portal does not accept any responsibility for the reliability, the accuracy, the completeness of the listing, the authenticity of the item, the suitability of the pricing, or the ownership claims of the any of the listings or ots components created on the portal.

The portal does not control the content, condition, legality or suitability of any products or services advertised by users.

Sellers are solely responsible for providing accurate information, and the website does not confirm the accuracy of any information provided.

Buyers are solely responsible for conducting necessary verification of the stated descriptions, of the IDs of the Sellers and ensuring the safety of payments through use of Paypal.

  1. Limitation of Liability

The liability of the portal to any user is limited to the total amount paid to the website for the use of the website, less the pro-rated amount for the time that services were consumed.

This limitation applies to any claim the user may have against the website, including under contract, tort, negligence, equity or statute.

  1. Indemnity

The user indemnifies the portal from any claims arising out of their use of the  portal .

The user is solely responsible for any loss he / she  may suffer as a result of the use of the The Heirloom Bazaar and indemnifies TheHeirloomBazaar.com website administrators and the owners of the domain / hosting from any losses.

The user indemnifies the portal from claims / compensation arising from any treachery, misrepresentation, misconduct, fraud, scams, conducted by any other user of the website.

  1. Software Apps

We provide you the portal service through SHOPIFY and various independent third-party app developers , hardware, and network providers which we neither monitor nor have any control over.

You acknowledge and agree that the portal service provided through such software and hardware tools is ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of the portal service that relies wholly on third party providers of software and hardware..

Any use by you of the  portal service  offered through third party providers is entirely at your own risk and discretion.

You may request a list of Software apps that the marketplace website uses.

We may also, in the future, add on new software providers and applications / services to the portal or remove existing apps / software & services from the portal. Such new features and/or services, shall also be covered by these Terms of Service stated above.

Further, the links on this site may direct you to third-party websites that are not affiliated with us. We shall have no liability whatsoever arising from or relating to your use of the websites that you are led to by clicking on the links.

We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any Sellers or third-party providers of services to the portal.

In the event that the marketplace website is hacked or compromised, you indemnify The Heirlooms Bazaar marketplace, the owners and administrators from any damage financial, emotional, social or any other kind that is caused to you through such a breach of security.,

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Sellers.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.

Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

  1. Ownership of the Portal

The portal is owned and operated by Jaina Mishra. Sellers acknowledge and accept that the data of Buyers, data of the Sellers  and the data of the listings will be shared with the sister websites such as wovensouls.com, wovensouls.org and the other portals and websites that are or will be under the same management and ownership.

Listings on The Heirloom Bazaar may be posted on sister websites and social media profiles of sister concerns for mutually beneficial reasons at the discretion of the administrators & owners.

Listings of Sellers will be posted to social media sites for mutually beneficial reasons at the discretion of the administrators & owners.

 

 

  1. General Terms


By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to refuse any order you place with us.

We may, in our sole discretion, limit or cancel orders. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.

You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.


You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.


The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Prices & fees listed are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

You agree to provide current, complete and accurate information for registration on the marketplace.

You agree to promptly update your account and other information, including your email address and contact numbers.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

You understand that we do not guarantee that the use of the portal will result in sales.
 
In no case shall The Heirloom Bazaar, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend and hold harmless The Heirloom Bazaar and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Singapore.

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Questions about the Terms of Service should be sent to us at jaina@wovensouls.com.