Terms and Conditions

1. Introduction

Welcome to Bezgar.com (the "Website"). These Terms of Use constitute a legal agreement (the "Agreement" or "Terms of Use") between you and Bezgar("BEZGAR", "we"or "us") that governs your use of the Website and purchase and use of any BEZGAR products ("Product") through the Website. By using the Website, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use the Website.

These Terms of Use contain an arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. See Section 18 for full details.

2. Privacy Policy & Cookies

By using the Website, you represent and warrant that you have read and understood and agree to be bound by Bezgar’s Privacy Policy (the “Privacy Policy”), which is incorporated into this Agreement by reference. The Privacy Policy is available at https://bezgar.com/pages/privacy-policy

As explained more fully in the Privacy Policy, the Website uses Cookies to collect certain information from you. By using the Website and agreeing to these Terms of Use, you consent to Bezgar's use of Cookies in accordance with the terms of our Privacy Policy.

3. Eligibility

By accessing and/or using the Website, you represent and warrant that you are at least eighteen (18) years of age, and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using the Website on behalf of a business entity, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that business entity.

4. Purchases & Payments

If you purchase a Product through the Website, you will be required to provide your billing and shipping information as well as information regarding your credit or debit card (each, a “Payment Card”) so that we may charge you for the costs and fees associated with your purchase. You represent and warrant that you are the authorized accountholder on all Payment Cards you submit through the Website, and acknowledge and agree that Bezgar has the right to charge your Payment Card for the cost of the Products, and all taxes, shipping, and handling fees communicated to you at the time of your purchase.

You can request and arrange for such a refund, exchange or claim your warranty by contacting us via email at support@bezgar.com.

At Bezgar’s sole discretion, you may be permitted to purchase certain Products through Amazon.com (“Amazon”), or by using the payment processing services of PayPal.com (“PayPal”). You understand and agree that Amazon and Paypal are Third Parties, as that term is defined below, and that if you choose to complete any portion of your purchase through these Third Parties, your purchase may be governed by the terms of service, privacy policies, refund policies, and other policies and agreements of such Third Parties. It is up to you to familiarize yourself with the policies and agreements of these Third Parties.

5. License to Use Website

Subject to your compliance with this Agreement, Bezgar grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access the Website for your personal use.

This license does not include, and you must not:
- Republish material from the Website (including republication on another website), sell, rent or sub-license material from the website
- Show any material from the website in public
- Reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose
- Edit or otherwise modify any material on the website
- Redistribute material from the Website except for content specifically and expressly made available for redistribution

Unless otherwise stated, Bezgar and/or its licensors own the intellectual property rights in the website and material on the Website, and all rights not expressly granted in this Agreement are reserved by Bezgar.

6. Assumption of Risk & Release

You knowingly and freely assume all risk when using the Website. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Bezgar and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, assigns, parents, subsidiaries, and related entities (collectively, the "Company Parties") from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Website.

7. User Account, Accuracy & Security

User Account

To access and use certain parts of the Website, you may be asked to create a user account ("Account"), and to provide information that personally identifies you. You represent and warrant that all user information you provide in connection with your Account and your use of the Website is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy by updating your personal profile. You agree that you will not submit any fake content (including without limitation any username, likeness, or profile) to willfully and credibly impersonate another person, whether actual or fictitious. If Bezgar believes in its sole discretion that the information you provide is not current, complete, or accurate, Bezgar has the right to refuse you access to the Website. For additional information, see Bezgar's Privacy Policy.

Account Security

You may be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Service. You agree to notify us immediately of any unauthorized use of your Account. We shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your Account.

8. Prohibited Conduct

We impose certain restrictions on your use of the Service. Any violation of this Section 8 may subject you to civil and/or criminal liability. You must not use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Service without our express written consent. You must not engage in any of the following conduct on the Service, which is expressly prohibited: (a) providing false, misleading, or inaccurate information to us or any other person in connection with the Service; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (d) attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breaching security or authentication measures without proper authorization; (e) interfering or attempt to interfere with the use of the Service by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (f) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Service (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (g) creating additional Accounts to promote your (or another's) business, or causing others to do so; or (h) paying anyone for interactions on the Service. You must not use the Service to transmit or send unsolicited commercial communications. You must not use the Service for any purposes related to marketing without our express written consent.

9. User Content

In these Terms of Use, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Service, for whatever purpose. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights, provided, however, that we shall not bring an action for infringement of any Product reviews posted by you without your express further permission. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any user content to the Service that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to the Service, or stored on our servers, or hosted or published upon the Service. Notwithstanding our rights under these Terms of Use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, the Service.

10. No Warranties; Limitation of Liability

No Warranties

Bezgar on behalf of ourself and our licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Service, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither we nor our licensors or suppliers warrant that the Service will meet your requirements, or that the operation of the Service will be uninterrupted or error-free. We disclaim all implied liability for damages arising out of the furnishing of the Service pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to furnish the Service, whether caused by acts of commission or omission, or any other damage occurring. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of us, Company Parties, or our users, or their agents or representatives.

YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP OF DATA.

You agree that your use of the Service is at your sole risk. You will not hold us or our licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Service, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Service may contain bugs, errors, problems, or other limitations.

Limitation of Liability 

In no event shall Bezgar or our licensors or suppliers be liable to you for any claims arising from your use with the Service, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or Services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to Bezgar or our licensors and suppliers arising out of or in connection with your use of the Service. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between you and us. The Service would not be provided without such limitations.

Application of Disclaimers

The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and Bezgar or between you and any of Bezgar’s licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Bezgar’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Website or otherwise shall alter any of the disclaimers or limitations stated in this section.

No Advice

Nothing on the Service constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

11. Consent to Receive Electronic Communications from Bezgar

By creating an Account and providing your email address to Bezgar, you expressly consent to receive electronic and other communications from Bezgar, over the short term and periodically, including email communications. These communications will be about your purchases, your customer service inquiries, new product offers, promotions and other matters. You may opt out of receiving promotional electronic communications at any time by following the unsubscribe instructions contained in each communication, or by contacting Bezgar at one of our customer service email. Your unsubscribe request will apply to promotional communications only and will not limit Bezgar’s ability to contact you regarding your purchases, Account, or to provide you with updates to this Agreement or the Privacy Policy. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.

12. Intellectual Property

You represent and warrant that, when using the Website, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Website is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.

Trademarks 

Trademarks such as Bezgar Hobby, Fast Serve Online/Windows, BezgarShopNow, and/or other Bezgar services referenced on this website are either trademarks or registered trademarks of Bezgar, LLC. These trademarks may not be used in any way, except by the express written permission of Bezgar, in any manner that is likely to cause confusion or dilute the company’s marks, or in any manner than discredits the company. Other product and company names mentioned on this website may be the trademarks or registered trademarks of their respective owners. YouTube® and its logo are trademarks or registered trademarks of Google Inc. Facebook® and its logo are trademarks or registered trademarks of Facebook, Inc. Twitter® and its logos are trademarks or registered trademarks of Twitter, Inc.

Copyrights 

All content and other materials available through the Website, including without limitation the Bezgar logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by Bezgar INC or are the property of Bezgar’s licensors and suppliers. Except as explicitly provided, neither your use of the Website nor this Agreement grant you any right, title, or interest in any such materials.

13. Reasonableness

By using the Website, you agree that the exclusions and limitations of liability set out in the Website disclaimer are reasonable. If you do not think they are reasonable, you must not use the Website.

14. Other Parties

The Website may be linked with the websites of third parties ("Third Party Websites"), some of whom may have established relationships with Bezgar and some of whom may not. Bezgar does not have control over the content and performance of Third Party Websites. Bezgar has not reviewed, and cannot review or control, all of the material, including computer software or other goods or Websites, made available on Third Party Websites. Accordingly, Bezgar does not represent, warrant, or endorse any Third Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or Websites available through Third Party Websites. Bezgar disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third Party Websites. You accept that, as a limited liability entity, Bezgar has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Bezgar’s officers or employees, or against any Company Parties, in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Website disclaimer will protect Bezgar’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Bezgar and the Company Parties.

15. Unenforceable Provisions

If any provision of the Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Website disclaimer.

16. Indemnity

Without limiting any indemnification provision of this Agreement, you (the "Indemnitor") agree to defend, indemnify, and hold harmless Bezgar and the Company Parties (collectively, the "Indemnitees") from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, "Claim", and collectively, "Claims"), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to Bezgar, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and Bezgar, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Website or Products; (iv) your provision to Bezgar or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; (vi) your violations of Section 8 regarding prohibited uses of the Website and other prohibited conduct; or (vii) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company Parties.

17. Termination

Termination

Without limiting any other provision of this Agreement, Bezgar reserve the right to, in our sole discretion and without notice or liability, deny use of the Service to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. This Agreement shall automatically terminate if you breach any of this Agreement's representations, warranties, or covenants. Such termination shall be automatic and shall not require any action by us.

Effect of Termination

Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Service. Upon termination, we may, but has no obligation to, in our sole discretion, rescind any Services and/or delete from our systems all your Personal Information and any other files or information that you made available to us or that otherwise relate to your use of the Service. Upon termination, you shall cease any use of the Service. After termination, we reserve the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Service, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.

Survival 

Upon termination, all rights and obligations created by this Agreement will terminate, except that the following Sections will survive any termination of this Agreement: Sections 1-4 and 6–27.

18. Dispute Resolution

Dispute

Any dispute or claim relating in any way to your use of any Service will be adjudicated in the state or Federal courts in Hong Kong, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

Applicable Law

By using any Service, you agree that applicable federal law, and the laws of the state of Hong Kong, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us.

19. Notices

All notices required or permitted to be given under this Agreement must be in writing. Bezgar shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Bezgar. You agree that any notice received from Bezgar electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with us is accurate and current, and notice to you shall be deemed effective upon the sending by Bezgar of an email to that address. You shall give any notice to us by submitting said notice to us at support@bezgar.com.

20. Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.

21. Severability

If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

22. No Waiver

A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

23. Independent Contractors

You and us are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

24. No Third-Party Beneficiaries

There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties, Indemnitees, and Bezgar’s licensors and suppliers (to the extent expressly stated in this Agreement.

25. Entire Agreement

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of the Service, and supersede all previous agreements in respect of your use of the Service.

26. Changes to Our Terms of Use

If we decide to change our Terms of Use, we will update the Terms of Use modification date below. If the change is material, we will provide you with notice pursuant to Section 19.

Last Modified: 03/01/22

27. Contact Us

If you have any questions or comments about our Terms and Conditions, please contact us as follows:

Unit 1G, Domitory Building, Tingwei Industrial Park,
No.6 Liufang Road, Baoan District
Shenzhen, Guangdong, 518000
China
Tel: 0755-81773834
Email: support@bezgar.com

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