Terms of use

These Terms of use (“Terms”) govern your access to and use of the website, mobile web experience, and related services offered by ProFixer (“we”, “us”, or the “Operator”) for the Bazaar peer-to-peer marketplace (the “Platform”) in India. By accessing or using the Platform, you agree to these Terms and to our Privacy policy and Disclaimer. If you do not agree, do not use the Platform.

1. Who we are

The Platform is operated by ProFixer. The public name of the service is Bazaar. Contact details are on our Contact page.

2. Eligibility and accounts

You must be capable of entering into a binding contract under the Indian Contract Act, 1872 to use the Platform. If you use the Platform on behalf of a business, you represent that you are authorised to bind that entity. You are responsible for maintaining the security of your credentials and for activity under your account, except to the extent caused by our clear gross negligence, where the law so permits.

3. The service

The Platform provides listing discovery, in-app or web messaging (where available), and related tools. Unless we expressly offer a separate payment or delivery product for a given transaction, we are not a party to the sale, purchase, or other agreement between a buyer and a seller. Users meet, inspect, pay, and hand over items at their own arrangement and in compliance with local law. We may introduce, change, or remove features, regions, and availability for operational or compliance reasons, including under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as updated from time to time.

4. Listings, content, and conduct

You are responsible for the legality, accuracy, and non-infringing nature of your listings, photos, and messages. You may not use the Platform for prohibited goods or services (including, without limitation, items that are illegal, stolen, unsafe, or that facilitate fraud, discrimination, or harassment as defined under valid Indian law and our content policies as published in-product). We may remove or restrict content, suspend or terminate access, and cooperate with authorities where required by law, subject to applicable procedural safeguards and our Privacy policy.

5. Intermediary status (India)

We operate the Platform in line with the Information Technology Act, 2000, and related rules, including safe-harbour provisions for intermediaries where applicable. We may rely on takedown requests, user reports, and court or government orders as required by law. This does not necessarily imply pre-screening of all content.

6. Personal data

Our use of personal data is described in the Privacy policy, which forms part of these Terms, including in respect of the Digital Personal Data Protection Act, 2023, where it applies to our processing in India.

7. Fees

We may offer free or paid features. Where a fee is charged, we will make the amount and billing basis clear in-product or in a separate order. Taxes (such as goods and services tax) may be charged as per applicable law.

8. Intellectual property

The Platform, marks, and original materials we provide are protected by law. You receive a limited, revocable, non-exclusive licence to use the Platform in line with these Terms. You retain rights in your own content, but you grant us a worldwide, non-exclusive, royalty-free licence to host, copy, and display that content to operate and promote the service, in line with the Privacy policy.

9. Disclaimer of warranties

The Platform and any content or tools are provided “as is” and “as available” to the maximum extent permitted by law. See our Disclaimer for additional limitations. Nothing in these Terms is intended to restrict any mandatory right you have as a consumer under the Consumer Protection Act, 2019, where that Act applies in your situation and cannot be lawfully limited.

10. Limitation of liability

To the maximum extent permitted by applicable law in India, the Operator (and its officers, employees, and affiliates) shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill, arising from your use of the Platform or transactions with other users. Our aggregate liability for direct damages arising from the Platform (other than for death, personal injury, or fraud) shall not exceed, for any claim, the greater of (a) the fees you actually paid to us in the three (3) months before the event giving rise to liability, or (b) INR 1,000, except where a higher cap isrequired by law.

11. Indemnity

You will defend, indemnify, and hold harmless the Operator and its personnel from third-party claims, losses, and expenses (including reasonable legal fees) arising from your misuse of the Platform, your content, your transactions with other users, or your breach of these Terms, to the extent permitted by law.

12. Governing law and courts

These Terms are governed by the laws of India (without regard to conflict-of-law rules that would apply another law). Subject to your rights under applicable consumer or small-cause law, the courts at Mumbai, Maharashtra shall have exclusive jurisdiction over disputes arising from or related to these Terms or the Platform, unless a different venue is required by a mandatory consumer statute or a competent regulatory direction.

13. Disputes and grievances

You agree to first try to resolve concerns through our support channels. For privacy matters, follow the process in the Privacy policy. You may also have rights before consumer fora, including under the Consumer Protection Act, 2019, where that law applies, without prejudice to any other remedy available in law.

14. Termination

You may stop using the Platform at any time. We may suspend or end access (including for breach) as described in the Terms, Privacy policy, and in-product rules. Provisions that by their nature should survive (including limitations, indemnity, and governing law) will survive.

15. Changes

We may change these Terms. We will show the “Last updated” date on this page. Where required by law, we will provide additional notice. Continued use after changes take effect can constitute acceptance, except where the law does not allow that and your separate consent is required.

16. Notices to you

We may use your registered email, in-app messages, or posting on the Platform. You are responsible for keeping contact details current.

17. Notices to us

For formal notices, use the channels on the Contact page, unless a specific regulatory channel is prescribed.

18. Entire agreement

These Terms, together with the Privacy policy, Disclaimer, and any feature-specific terms we publish, are the entire agreement between you and the Operator regarding the Platform, subject to any mandatory law.