Terms and Conditions for mybazaar.mu Online Market Place also referred to as the Portal.
By accessing and using this Portal, you agree to be bound by the following terms and conditions including all the policies mentioned hereunder (hereinafter referred to as the “Terms & Conditions”). In case you do not accept to be bound by these Terms & Conditions, you may not use this Portal including any services provided hereunder.
The Online Portal
1.1. This Online Portal accessible on www.mybazaar.mu (hereinafter referred to as the “Portal”) is owned and operated by Pavilion Marketing Ltd, a company having its registered address at 60, D’Artois Street, Port Louis,1116-07, bearing Business Registration Number C21181725 (hereinafter referred to as “The Company”).
Mybazaar.mu is a web-based system that facilitates and encourages buying and selling to induce collaboration among trading partners across a selection of industries/markets. It is essentially a virtual space/platform that provides infrastructure services for buyers and sellers to meet and conduct business transaction online in their own best interest.
1.2. You acknowledge and accept that these Terms & Conditions must be read together with the following policies which are also accessible hereunder:
Registration Policy
Security & Privacy Policy
Products & Services Policy
Cancellation of Order & Refund Policy
Returns & Refund Policy
Liability & Disclaimer Policy
The above policies shall collectively be referred to as the “Policies”.
1.3. These Terms & Conditions apply to persons purchasing Products or Services from the Portal, as well as any persons visiting same.
1.4. By browsing and/or registering on this Portal, you are providing the Company your consent for the processing of your personal information as defined in the Security & Privacy Policy.
1.5. The Company reserves its right to amend these Terms & Conditions at any time at its sole discretion. We recommend you to read and acknowledge these Terms & Conditions each time you access the Portal.
Definitions and Interpretation
2.1. Unless otherwise specified or unless the context clearly indicates otherwise, the following terms shall have the following meanings ascribed to them:
2.2. “Business Day” means any day of the week other than Saturday, Sunday or Public Holiday in the Republic of Mauritius;
2.3. “Calendar Day” means any day of the week, including Saturday, Sunday or Public Holiday in the Republic of Mauritius;
2.4. “Direct Marketing” means to approach a person, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply, in the ordinary course of business, any goods or services to the person;
2.5. “Intellectual Property” means, collectively, the patents, copyrights (and moral rights), Trade Marks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, Know-How, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which are owned by, licensed to, used and/or held (whether or not currently) by the Company on or in connection with this Portal;
2.6. “Know-How” means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secret and other processes and methods used by the Company in connection with this Portal, as well as, all available information regarding marketing and promotion of the Products and Services described in this Portal, as well as all and any modifications or improvements to any of them;
2.7. The Company will include the employees, officers, advisers, service providers, suppliers and content providers of the Company;
2.8. “Products & Services” products, devices, accessories, content, any other products or services which may be offered by the Company on the Portal;
2.9. “Trade Marks” means those trademarks owned by companies offering products for sale on the portal and any other trademarks, designs, logos, style names and slogans which the Company either owns or has the right to use or any derivative service offerings of, and applications for, any of same;
2.9.1. “Portal Material” means the contents of this Portal, including without limitation, all and any information, data, documents, Intellectual Property, material, products (including software) or services contained in, accessed through, or downloaded or obtained from this Portal;
2.9.2 ‘Seller’ means a company which has subscribed to any of the packages offered by The Company and who is offering products for sale and/or services to the End Customer.
2.9.3. Terms like “you”, “your”, “Customer” refers to any person accessing the Portal and/or registering on the Portal.
Capacity to Contract
You hereby warrant to the Company that you have the required legal capacity to enter into and be bound by a contract to make any online purchase on the Portal under the laws of Mauritius. You warrant that you are 18 (eighteen) years or older.
By accepting to use the portal, the Seller confirms that it holds all necessary rights in respect of all products that it will list for sale through the portal. These rights include but are not limited to copyright, trade name, trade mark. The seller also confirms that it is legally entitled to sell and holds all required licences / authorisations to sell the products that it has listed for sale.
Modification of these Terms & Conditions
4.1. These Terms & Conditions shall commence from the date on which they are published on the Portal and continue indefinitely. The Company reserves the right, in its sole discretion, to amend, including without limitation, by the addition of new terms & conditions, at any time and from time to time and/or terminate these Terms & Conditions in its entirety and/or cease the operation of the Portal at any time, with no liability or recourse to you.
4.2. Any such amendments shall come into effect immediately and automatically. It is your responsibility and you undertake to read these Terms & Conditions each time before using the Portal for any such amendments.
4.3. The Company will notify you of amendments to these Terms & Conditions as and when they arise, by publishing a notice of such amendments on the Portal, which you will be required to accept before using the Portal.
4.4. If you choose to visit the Portal, your visit and any dispute over your privacy is subject to these Terms & Conditions, including limitations on damages, resolution of disputes, and application of the law of the Republic of Mauritius.
Other Terms and Conditions
Certain products & services offered on the Portal may be subject to specific terms and conditions as indicated on that part of the Portal (see Product conditions & Services Policy) and your use of those Products & Services will also be subject to those specific terms and conditions governing those relevant products & services. To the extent that those specific terms and conditions conflict with these Terms & Conditions, then those specific terms and conditions shall take precedence.
Login and Registration
Prior to any online purchase, you have to register your details online in order to initiate any order whether prepaid or postpaid transaction. (Please refer to the Registration Policy)
Portal Material – Scope of Permitted Use
7.1. Subject to the provisions of these Terms & Conditions, you may only download, view and print the Portal Material online restrictively for your own personal use and only for non-commercial purposes.
7.2. You may not alter, modify, decompile, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, exploit, license or create derivative works from the Portal. You must get the Company’s prior written approval if you wish to copy, reproduce, distribute, transmit, display, broadcast or publish any of the Portal Material, whether electronically or otherwise.
7.3. You may not use this Portal or its material for any illegal or unlawful purposes or as prohibited by these Terms & Conditions.
7.4. You may not link to any page on this Portal or frame same or any of the pages on this Portal in any way whatsoever without the prior written permission of the Company. Recognizing the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding online conduct.
7.5. You may not transfer any rights or obligations in terms of these Terms & Conditions to any other person or entity.
7.6. You are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you for the exercise of your rights of permitted use of the Portal.
Your behavior when using the Portal
8.1. You may not use the Portal to obtain or distribute:
8.1.1. Material which is defamatory, unlawful or contains hate speech; or
8.1.2. Bulk e-mail, whether solicited or unsolicited.
8.2. You must not interfere with or jeopardise the functionality or the operation of any part of the Portal or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this Portal or its material.
8.3. You are strictly prohibited from using the Portal for spoofing, hacking, flaming, cracking, phishing or spamming; and/or any other malicious behaviour.
8.4. You may not intercept any information transmitted to or from the Company or this Portal which is not intended by the Company to be received by you.
Disclaimer and Limitation of Liability on this Portal
The use of the Portal and reliance on any Products & Services is subject to the Liability & Disclaimer Policy.
Warranties and Indemnities
You hereby indemnify the Company and its officers, directors, employees, representatives or contractors or other persons for whom in law the Company may be liable from any loss, damages, liability, claim or demand due to or arising out of your use of the Portal or its material or your breach of these Terms & Conditions.
Governing Law
This Portal is hosted, controlled and operated from the Republic of Mauritius. The parties agree that these Terms & Conditions shall be governed by and construed and interpreted in accordance with the laws of the Republic of Mauritius.
Whole Agreement
12.1. These Terms & Conditions, together with the Policies, constitute the whole agreement between you and the Company relating to your access to and use of the Portal.
12.2. No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms & Conditions which the Company may show, grant or allow you shall operate as an estoppel against any party in respect of its rights under these Terms & Conditions nor shall it constitutes a waiver by the Company of any of the Company’s rights and the Company shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.
Personal Information Protection / Online Privacy Policy
Please refer to the Security & Privacy Policy on the processing of personal information and personal information protection.
Disputes
14.1. In the event that any claim, matter or dispute arises between you and the Company arising out of or in connection with your use of the Portal, same must be referred to the Customer Services Department by contacting our Customer Support Department by email on complaints@mybazaar.mu
Both parties shall first strive to amicably resolve all matter or disputes arising from the interpretation or performance of these Terms and Conditions, failure of which, the matter or dispute will be resolved in accordance with the Mauritian Code of Civil Procedure.
14.2. Notwithstanding the clause 14.1, the Company reserves the right to deal with any legal claims arising from the matter in a forum of its choice, which will include but will not be limited to, the courts of the Republic of Mauritius. This right will continue to apply after termination, cancellation or amendment of these Terms & Conditions. You agree that the Company is entitled, but is not obliged, to institute any proceedings arising out of or in connection with these Terms & Conditions or your use of the Portal or its material, in any court in the Republic of Mauritius having jurisdiction over you, even though the cause of action in question may exceed the jurisdiction of that court.
14.3. Notwithstanding the above provisions, either party shall be entitled to institute action in any court of law of competent jurisdiction to obtain urgent interim relief or, in the case of the Company, including but not limited to, for the collection of any outstanding debts due and payable by you to the Company.
Address for delivery of notices
The Company chooses the below address for the delivery of notices for all purposes under these Terms & Conditions, whether in respect of court process, notices or other documents or communications of whatsoever nature:
Postal Address:
· 60, D’Artois Street, Port Louis, 1116-07, Mauritius
Removal of Access
The Company may, in its sole discretion, change, amend, suspend, withdraw or discontinue any aspect, feature, Products & Services or information contained on the Portal at any time. The Company may also impose limits on certain features and services or restrict your access to any or all of Portal or Portal material without notice or liability.
Intellectual Property Rights
All the content, Trade Marks and data (including copyrighted content) on the Portal, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to the Company and as such are protected from infringement by local and international legislation and treaties. Any and all copyright subsisting on the Portal, including these Terms & Conditions, vested in the Company and all rights not expressly granted are reserved. The re-publication or distribution of any content available on the Portal including by framing or similar means is prohibited.
Electronic Communications
You consent to receive communications from the Company electronically and agree that all such agreements, notices, disclosures and other communications are deemed to be duly sent by the Company for the purposes of these Terms and Conditions.
Marketing
By registering & accepting these Terms & Conditions, you acknowledge and accept to receive promotional advertisement from the Company from time to time.
Registration Policy
1.1. This Registration Policy must be read together with the Terms and Conditions for the Company’s Online Portal (www.mybazaar.mu) and the Policies indicated therein.
1.2. Customers are free to browse the Portal without registration, but registration is mandatory for the customer to be able to perform the following:
– Make online Purchases
– Receiving newsletters with exclusive online offers
– Opening an online account
1.3. Customers will need to provide the following details to process their registration:
– Name
– Surname
– Mobile Phone Number
– A valid e-mail address. (This e-mail address will be used for identification purposes and for sending notifications and electronic receipts)
1.4. Online registration is free of charge for the Customer.
1.5. The Company shall use all reasonable endeavours to protect the Customer’s information submitted on the Portal in line with the Data Protection Act.
1.6. This registration is subject to the Security & Privacy Policy.
1.7. Customers need to enter their email (e-mail address provided under Clause 1.3 above) and password (obtained upon registration) to log-in online.
1.8. Payment can be made using by JUICE, or any other means which can later be made available by the Company.
1.9. The Customer agrees that:
– He will keep his username and password safe, and will not share them with anyone.
– He will not surrender his account to someone else.
– He takes full responsibility in case he allows someone else to place an online order using his account credential.
– He will not pass himself off as someone else or create multiple, false accounts.
– He will not use the account for any unlawful purposes
1.10. The Customer acknowledges and accepts sole responsibility for the correctness and accuracy of all information provided during the registration process. The Customer shall keep the Company harmless from any claims and/or losses arising from any incorrect information provided by the Customer during registration on the Portal.
1.11. The Customer is responsible for keeping his registration information confidential and for any activity on his account, notwithstanding that it may have been used by any other person with or without his knowledge or authority. If he suspects any unauthorized use of his account, he must immediately inform the Company via email on info@mybazaar.mu without any delay. Upon receiving this notification, The Company may reject any orders not yet executed and deactivate the Customer’s password and account. The Company will not in any case be held responsible for any losses suffered by the Customer due to the unauthorized use of his account. The Customer further agrees to hold the Company harmless from any losses resulting from his non-compliance to the clause 1.9.
1.12. To deregister from the Portal account, the Customer must send an email to info@mybazaar.mu The process will be undertaken by latest the next business day and a confirmation email will then be sent to the Customer.
2 Security and Privacy Policy
2.1. We will only send your personal information such as i) name ii) email ID iii) telephone number to third party companies should you request a call back from a company promoting their offer(s) on the portal. By filling in the request call back form and submitting it, you consent and agree that your personal information will be sent to the company in question so that they can contact you directly, either by mail or phone in order to respond to your interest in their product or service.
2.1.1. The Customer is responsible for maintaining the confidentiality of his account and password obtained upon registration and for restricting access of third parties to his account. The Customer agrees to accept full responsibility for all activities that occur under his account and/or through the use of his password.
2.1.2. During registration on the Portal, the Customer will be asked to choose a login name and a password to access his account. His email address will be used as his login name.
2.1.3. If the Customer forgets or loses his password, the password can be reset online.
2.1.4. The Customer should change his password on a regular basis.
2.1.5. The Customer should be cautious with automatic sign in; and must refrain from checking the “remember me” option on the application form screen if he uses a shared computer.
2.1.6. The Customer should notify his Bank immediately when his bank card is lost, stolen or expired.
2.1.7. The Company implements security measures to protect personal information of the Customers during payment transactions. All information pertaining to any transaction on the Portal is encrypted using Secure Socket Layer (SSL) protocol before transmission. This Portal secures the Customer’s private information using a SSL Certificate.
2.1.8. If the Customer updates any of his information, the Company may keep a copy of the information that the Customer originally provided in the Company’s archives for reasons as documented in this Policy. The Customer can view and modify his personal information by clicking on the Portal option “My Account”.
2.1.9. The Company may also share the Customer’s data with its banks and other authorized persons for the purpose of processing the online payment transactions.
Privacy
2.2.1. The Company undertakes to protect the information provided by the Customer in compliance with the Data Protection Law of Mauritius.
2.2.2. By visiting the Portal, the Customer accepts the practices described in this Security & Privacy Policy and consents to our collection, use, disclosure and retention of his personal information as described in the Terms and Conditions.
2.2.3. The Company will receive and store any information the Customer enters on the Portal or provides in any other way. The Company shall use the information that the Customer provides for such purposes as responding to his requests, customizing future shopping for him, improving its stores, and communicating with him.
2.2.4. Cookies
The Company automatically collects certain personal information when the Customer is using the Portal and mobile applications, such as the customer’s IP address, browser type, operating system, mobile carrier, ISP, URLs of sites from which the Customer arrives or leaves the Portal and/or mobile applications and sites that have embedded the Company’s platform technology. Through cookies and other technologies the Company is able to recognize the Customer as an existing or registered user of the Portal and/or mobile application. A cookie is a tiny data file that resides on the Customer’s computer, mobile phone, or other device, and allows the Company to recognize the Customer when he returns to the Portal using the same computer and web browser.
2.2.5. The Company may use the Customer’s personal information as follows: – To better understand the Customer’s needs and to provide a better overall service by contacting the Customer in relation to the Products and Services provided by the Company. – To inform the Customer about deals and promotions that the Company may have, by sending promotional materials or details by e-mail or post. – To contact the Customer regarding account status, changes to the Terms and Conditions and other matters relevant to the underlying services. – To fulfill the Customer’s transaction requests, and to deliver the ordered products to the Customer. – As requested by law.
2.2.6. The Customer’s personal information can only be disclosed to third parties where
2.2.7. Despite our best endeavour, the Company makes no warranty that:
The Portal will meet the Customer’s requirements or will always be accessible;
The Portal will be uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code;
The results that may be obtained from the use of the Portal will be accurate or reliable;
The quality of any products, services, information, or other material purchased or obtained by the Customer through the Portal will meet his expectations; and
Any errors in the Portal will be corrected.
Product & Services Policy
3.1. Online purchase (for purchase products)
3.1.1. The Customer must be a registered Customer (kindly refer to the Registration Policy) to be able to make online purchases and payments.
3.1.2. Payment for Products & Services shall be made in local currency (Mauritian Rupee).
3.1.3. The Customer can choose from the following payment methods at the moment of placing an online order:
a) JUICE By MCB
b) or any other means provided by the Company
3.1.4. Value Added Tax (VAT) is included in the showcase price.
3.2. Notifications on successful / failed Transactions
3.2.1. A confirmation including a receipt of the transaction (the “Transaction Receipt”) will be sent to the Customer‘s e-mail account upon successful online payment for Products & Services purchased and/or postpaid settlement at the moment of delivery.
– The Transaction Receipt will have a unique identification number to the transaction.
3.2.2. The Customer can view order history of his account at all times by logging into ‘My Account’ accessible on the Portal.
3.3. Prices
3.3.1 Our products are sold at the price advertised on the website at the time of your order. We reserve the right to change the prices at any time, prior to the confirmation of your order. All prices are listed in Mauritian rupees.
Delivery policy
4.1. Once the Customer places an online order, the Seller will receive the order.
4.2 Should the product be out of stock, the Seller MUST immediately inform the Company and the latter will immediately upon receipt of that information, inform the customer by email or telephone and a full refund will be granted should the Company be in possession of the payment.
4.3. The Customer understands that delivery of the ordered items shall occur only at locations within the Mauritian territory limits including Rodrigues Island.
4.4. To ensure safe delivery, the Customer must properly fill the delivery address, the mobile number and any specific instructions in the fields provided online. For product(s) ordered that need to be delivered by external partners or suppliers, The Company shall request the full payment of the order prior to the delivery being done by the external partner or supplier. The Customer needs to present his identification document (National ID or Passport) to the Delivery Staff before accepting the delivery.
4.5. The Customer must ensure and check that the product delivered is the right one and that he receives a Warranty Certificate, where applicable. A sales invoice indicating the amount paid by the Customer will also be provided to him upon delivery by the Seller.
4.6. The Customer will have to sign a Delivery Note acknowledging delivery of the products and need to check and ensure that his products are delivered sealed. For any issue regarding the delivered product, the Customer will have to inform the Company as soon as is reasonably practicable.
4.7. The Company will not install or mount any product(s) on behalf of the customer.
4.8. Once a product has been delivered to a customer the Company will not grant any refund. So it is the responsibility of the customer to ensure that the product is in good condition and meets his or her expectation at the moment of delivery as no refund or exchange will be allowed once delivery has been done.
4.9. Once delivery has been made, we will not be liable for any breakages, nonconformity or shortages of the products ordered.
Returns & Refund Policy
THE PRODUCTS BEING OFFERED DO NOT BELONG TO THE COMPANY. ANY RETURN/REFUND MUST BE NEGOTIATED WITH THE VENDOR OF THE RELEVANT PRODUCT.
5.1 Goods once sold are not exchangeable and non-refundable.
5.2 Returns may be considered upon delivery or collection and subject to the following conditions:
– The product delivered / collected does not meet the customer’s expectations.
– If the Customer notes that the product is damaged at the time of delivery.
– If an out of box failure is noted for the particular product upon testing at time of delivery / collection.
– If there is a mismatch between the product ordered and the one delivered / collected
5.3 For the conditions mentioned above:
– The Customer must not accept delivery and inform the seller (if item is being collected) or delivery staff.
5.4 After delivery, the Customer must notify the Seller within 48 hours once he becomes aware of any defect in the operation of a product. Any request for return will be at the seller’s discretion and usually considered solely based on the warranty conditions attached to the product including the following conditions:
Liability & Disclaimer Policy
6.1 The Company does not make any representation or warranty as to specifics (such as quality, value etc.) of the products proposed to be sold or offered to be sold or purchased on the portal nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the portal. The Company shall not accept any liability for any claims for damages arising out of the ordering or consumption of the products listed on behalf of the seller.
6.2 The Company is not responsible for any non-performance or breach of any contract entered into between Sellers and End Customers on the portal. The Company cannot and does not guarantee that the parties will perform their obligations as concluded on the portal (However, the rating system gives an indication of the genuineness of the sellers as well as the quality of the products offered for sale). The Company is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
6.3 The Company is only providing a platform for communication and it is agreed that the contract for sale of any of the products shall be a strictly bipartite contract between the seller and the End Customer. In case of complaints from the Client / Customer pertaining to any issues with the delivery of the product or the quality, or any other such issues, The Company shall notify the same to the seller and shall also redirect the End Customer to the seller. The seller shall be liable for addressing such complaints.
6.4 The Company will not be responsible nor liable for any losses suffered by the Customer resulting from the rejection of transactions, the non-processing of bank card payment, delay in delivery of products or for any other reasons beyond the Company’s control including but not limited to insufficient funds in the Customer’s account, network downtime, expired bank card.
6.5 The Company shall not be liable for the unavailability of the Portal in the event of a Force Majeure or for acts of omissions of persons or bodies for whom the Company is not responsible or any other cause, whether similar or dissimilar, outside the Company’s control.
6.6 No liability of any nature whatsoever shall be incurred by the Company on the happening of a force majeure or any such events as aforesaid.
6.7 The use of the Portal and reliance on any products or services available online is entirely at the Customer’s own risk. The Portal, including all its functionalities, is provided “as is” and the Company will not be liable for any unavailability, interruption, downtime, malfunction, or failure of the Portal for any reason whatsoever.
6.8 The Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed on, linked to or distributed through the Portal. The Customer acknowledges that any reliance upon any such opinion, advice, statement or information shall be at his sole risk. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Portal and the Products & Services listed herein.
6.9 Whilst the Company takes reasonable precautions in its operation of the Portal, neither the Company nor its representatives will assume any responsibility and neither the Company nor its representatives shall be liable for any damages to or for viruses that may infect the Customer’s computer equipment or other property on account of his access to, use of or browsing of the Portal or his downloading of any materials, data, text images, video or audio from this Portal. Any material downloaded or otherwise obtained through the use of the Portal is done at the Customer’s own discretion and risk and he will be solely responsible for any damage to his computer system or loss of data that results from the download of any such material and the Company be held harmless from such claims at all times.
7.0 The Customer agrees that under no circumstances whatsoever, the Company, its employees, representatives or contractors may be held liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict, negligence, or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by the Customer, his directors, employees, dealers or customers, resulting from his use of or inability to use the Portal or its material.
7.1 The Company will at its best efforts screen or edit all the content available from the Portal to ensure that there is no illegal, defamatory or obscene content. You are encouraged to inform the Company of any content on the Portal that may be offensive or illegal and hold the Company harmless from any claims arising thereof.
REVIEWS POLICY
We are committed to being the most trusted online destination for consumers to connect with businesses. Central to this trust is the platform’s reviews system, and we are dedicated to ensuring that consumers can trust existing, and post new, reviews.
This is all achieved through simple processes and clear policies as outlined below. We ask both reviewers and business owners to share our values and abide by these principles and guidelines and the Review Policy
Reviews content guidelines
All subscribers to the service acknowledge and accept that the review system is an integral part of the service provided and consent to the use of the review system. Subscribers consequently consent to the fact that their profile will be reviewed by other users. All subscribers also agree with all the terms and conditions contained in the Reviews Policy.
All subscribers expressly acknowledge and accept that We (Pavilion Marketing Ltd) hold no responsibility, implied or express, with respect to the content of any review posted by other users of the service. We shall therefore not accept any liability with regards to the rating / review of a subscriber by other users.
Posting a review
Our review service offers registered consumers the opportunity to rate and review their genuine, first hand, experiences with the businesses they use. Specifically:
A consumer can only review a business with whom they have had a direct, first hand, experience. Not based on what they heard from friends or relatives.
For clarity, our definition of an experience is where a business has been actively engaged as part of a buying process or delivery of the service. A consumer can only review a business to the extent of their direct experience, e.g. a consumer who obtained a quote from a business but did not accept the service can review their experience with obtaining the quote but cannot review the delivery or ongoing support for the service.
In addition, you may not write a review about a business:
That you or any family member have any financial interest in;
That you are employed by or otherwise work for;
That is a competitor to a business that you or any family member have any financial interest in, are employed by or otherwise work for;
In exchange for payment; or
Where your interaction occurred more than 12 months previous to submitting the review
Consumers are able to post a review across a range of different devices/channels – desktop, mobile and app.
As a minimum, consumers need to provide a rating (1-5 stars) of a business
Our advice for consumers is that if they have had a bad experience with a business they try to explain to them why in their review. Genuine negative feedback is fine, but constructive criticism is much more useful to the business and potential customers than an angry rant.
The personal details of users will never be shared with the subject of their review, or 3rd parties, without obtaining permission, unless we are required to share them related to a court or government order.
We encourage free speech and defend everyone’s right to express unpopular points of view. But, we do not permit abusive or offensive behaviour, towards businesses or other users. This includes (but is not limited to) the use of profanities; threats; prejudiced comments; hate speech; and/ or, sexually explicit language. All user generated content material posted on our platforms must comply with this policy as well as our general terms of use.
We respect our users’ privacy and do our utmost to protect it. We expect users to join us in protecting people’s privacy and for reviews to be unbiased and objective. Mentioning the celebrity owner of a bar/restaurant is fine, but detailing personal information such as full names, email addresses, mailing addresses; phone numbers; as well as bank and card details for, individual members of staff, or any other individual, is strictly prohibited. If a review does contain this type of information it may be removed.
Anything posted should be a reviewer’s own, unique work. This includes not uploading images/ videos, or using content in videos to which someone else owns the copyright, such as music tracks, snippets of copyrighted programmes or videos made by other users and unattributed quotes. Content may be removed, without notice, if we receive a complaint from the copyright owner.
All reviewers should be aware that the content they submit becomes visible to anyone who visits the platforms, so they need to check what they’re posting meets our general terms and conditions of use.
Responding to a review
Businesses may proactively be informed whenever any new review is posted against their business, subject to having review notification functionality switched on.
Anyone, who has registered for an account with us, can respond to a posted review on their business.
Businesses can do this via the ‘Received reviews’ page within their account.
When the business owner responds to a review they will be highlighted as the business owner to consumers via the ‘Business Response’ flag.
Any comments should be constructive and written in a non-biased way. They also need to adhere to policies associated with ‘Posting a Review’, other than the need to provide a star rating.
All comments will be published in real-time and will be visible to all.
Reporting a review
We do not edit, pre-vet or review any third party material before it is published on the platforms. We actively encourage any party to report any review, which they believe to contravene our policies by using the ‘report review’ link on the specific review.
In the event of a review being reported, we will assess the review against our policy. If the review is not in breach of the policy but is believed by the reporter to be posted by an individual who is not recognised as someone who has had an experience with the business, we may contact the reviewer for the provision of further information to support a decision being made around the veracity of the review. In the absence of a response, the review will be withdrawn as unsubstantiated.
Where a review is reported as defamatory the person reporting the review will be advised of the outcome by email being sent to the reviewer.
If the veracity of a reported review is substantiated it will remain in place, irrespective of our relationship with the reviewed business. Substantiation will be based on us being ‘satisfied’ that the review meets our policies. The only exception to this is if the reviewed business decides to suppress the review functionality from their listing altogether. In this case, all review data both positive and negative is removed and the business can no longer receive any reviews.
Requesting a review
We actively encourage all businesses to proactively manage their online reputation. This includes the ability to request reviews from their own customers (not friends or family). This can be done online via the ‘Request a Review’ functionality available to all businesses.
The goal is to create real values to our clients services. SMART is “for the People by the People”.
How reviews are accessed and reflected in a business’s listing
We will ascribe an overall reviews star rating for a business, using an algorithm that looks at volumes of reviews by star rating.
Star ratings will feature against a business’s listing, and within their business profile
Specific reviews will be accessible via a business’s profile page.
In some cases our reviews are also published in 3rd party search results e.g. Google.
We reserve the right to remove a review at any time for any reason. The reviews posted on the platforms are individual and highly subjective opinions. The opinions expressed in reviews are user opinions and not that of Pavilion Marketing Ltd.
We do not endorse any of the opinions expressed by reviewers and we are not affiliated with any establishment listed or reviewed on this website.
Notice and Take-Down System – We do not monitor, censor or moderate reviews. We provide a passive conduit only for users to post reviews about businesses featured on our website.
Reviewers may not write a review that:
They have been paid to write by the business or a competitor of the business;
Does not describe their personal and direct interaction with the business;
Is not factually correct;
Violates laws regarding defamation, harassment, discrimination, racial vilification, sedition, blasphemy, bullying or contempt;
Is abusive, offensive, indecent, pornographic or obscene;
Advocates illegal activity or discusses illegal activities with the intent to commit them;
Is intentionally or unintentionally false, misleading, deceptive, inaccurate, incorrect or unreliable;
Infringes intellectual property rights including copyright of any third party;
Is inappropriate, off topic, repetitive or vexatious; or
Compromises the privacy or data protection rights of any person.
For Business Owners – Business owners may not do any of the following which could damage your online reputation or be interpreted as misleading consumers:
Pay for reviews of your own or a competitor’s business;
Review your own or a competitor’s business; or
Try to have negative reviews removed leaving only the positive reviews.
Payment to Vendors
The system closes accounts of each vendor automatically on the 1st of each month. Each Vendor takes the responsibility to check status on the dashboard. The Vendor shall be paid for all order which status has been completed. As a matter of practice, each Vendor shall be paid all amount due by latest on the 15th of the next month.
Note that all our policies shall be amended depending on prevailing needs and circumstances and ALL users agree that ALL our policies will be valid as from the moment they are posted.