Disclaimers

By engaging with Desa Bazaar LLC (“Company”), including but not limited to browsing and purchasing Products through our curated B2C marketplace, participating in our investment accelerator program, accessing our digital content (including podcasts), attending our events (including pop-ups, conferences, and networking meetups), utilizing our digital growth and marketing services through SKB Digital (collectively, the “Services”), or accessing our website, https://desabazaar.com/ (the “Website”), you (referred to as “you” or “your”) hereby agree and accept all parts of this disclaimer (“Disclaimer”). For clarity, “Products” refers to all items available through our Shopify Collective dropship marketplace, which are supplied and fulfilled directly by our partner brands (“Suppliers”).

Company reserves the right to modify this Disclaimer at any time, and such modifications shall be effective immediately upon being posted on the Website. Company may not send separate notice regarding such updates. You agree to periodically review the terms herein, and Company shall presume that you have reviewed or are aware of the updated terms by virtue of your continued access to the Website or use of the Services and/or Products.

By using the Website, Services and/or Products, you acknowledge and agree to the following:

Marketplace and Services Disclaimer. While the Website facilitates transactions between customers and Suppliers through our Shopify-powered platform and provides various business Services, Company acts solely as a platform operator and service provider. You acknowledge that Company is not responsible for any disputes between users, including but not limited to disputes between customers and Suppliers, disputes between accelerator participants, or disputes arising from networking events or digital services. The marketplace, accelerator program (including any investment-related activities), events, and digital services are provided “as is” and “as available.”

You further acknowledge that the marketplace is powered by Shopify Inc. and subject to Shopify’s terms of service and policies. Company has no control over and does not guarantee the availability, uptime, or functionality of the Shopify platform. Company makes no warranties or representations regarding any Products sold through the marketplace, including their quality, safety, authenticity, or fitness for any particular purpose. All Product descriptions, specifications, and representations are provided directly by Suppliers, and Company does not verify or endorse these claims. For the accelerator program specifically, Company does not provide investment advice, make investment recommendations, or broker securities transactions. Any discussions of investments, returns, or market conditions are for informational purposes only.

You agree and understand that your use of the Website, Services and/or Products is at your own risk and that Company shall not be responsible for any interference or damage that may be caused to your computer resource in connection with such access.

Not Legal, Financial, or Professional Advice. The information contained on the Website or Platform, including any materials or discussions related to the accelerator program, potential investments, market conditions, or business strategies, is not intended to be a substitute for legal, financial, or other professional advice that can be provided by an attorney, financial advisor, accountant, or registered investment advisor. Neither participation in the accelerator program nor any communications from Company constitute an offer to sell or solicitation to purchase securities. Any investment decisions should be made in consultation with appropriate professional advisors.

While Company takes care in preparing the information provided, it cannot be held liable for any errors or omissions and accepts no responsibility for any loss or damage that arises in any manner. Laws vary and are constantly changing from state to state, affecting individuals and businesses differently. As a result, you should obtain outside financial and/or legal counsel relating to any specific concerns you may have. Company advises you to consult with your accountant, financial advisor, or lawyer for any questions regarding income, taxes, or legal matters.

Representation. You acknowledge that: (1) Products purchased through our marketplace are supplied and fulfilled directly by Suppliers, with Company acting as a platform facilitator; (2) investment and accelerator services are provided on a best-efforts basis with no guaranteed outcomes; and (3) recommendations through our digital services, events, or content are for informational purposes only. Company remains fully indemnified from any action or inaction caused by you or any Supplier.

Personal Responsibility. The Website, Services, and Products aim to accurately represent the information provided. You acknowledge and agree that when you are using or engaging with the Company in any manner, your use is completely voluntary, and you are solely and personally responsible for your results. You agree to use your own judgment and best effort before engaging with Company.

No Guarantees of Any Kind. Company’s role is to support and assist your goals; however, your success depends primarily on your own efforts, motivation, and commitment. For accelerator program participants, Company makes no representations or warranties regarding potential investment returns, business success, or market outcomes. Any mentorship, guidance, introductions to investors, or other accelerator services are provided on a good-faith basis without any guarantee of specific outcomes.

Company does not conduct due diligence on behalf of participants or investors, and all parties are responsible for their own investment research and decisions. Past performance of other accelerator participants or portfolio companies is not indicative of future results. All investments carry risk, including the possible loss of all invested capital. Startup investments in particular are highly speculative and illiquid.

Testimonials. Company may present real-world experiences, testimonials, and insights about another individual’s experience for purposes of illustration only. The testimonials, examples, and/or photos used are of actual clients and results they personally achieved, or from individuals who can speak to Company’s character and/or to the quality of the Services and/or Products offered by Company. Each individual has approved these testimonials, examples, and photos for use by Company, but they are not intended to represent or guarantee that current or future individuals will achieve the same or similar results. Each of these unique stories and any reported results are the culmination of numerous variables, some of which Company cannot control.

Assumption of Risk. There may be unknown risks or circumstances that arise during your use of the Website, Services, and/or Products that are unforeseen and may affect Company’s work or your results. When purchasing Products through the marketplace, you assume all risks associated with the use of such Products, including but not limited to any adverse reactions, allergies, damage, or injury that may result from their use.

You acknowledge that Company does not inspect, test, or verify Products sold by Suppliers, and that any Product-related disputes must be addressed directly with the relevant Supplier. You further acknowledge that all payment processing is handled by Shopify Payments or other Shopify-approved payment processors, and Company is not responsible for any payment processing issues, chargebacks, or payment disputes. You are solely responsible for maintaining the security of your account credentials and payment information, and any unauthorized access, fraudulent purchases, or breaches of security are not the responsibility of Company.

You accept full responsibility for the consequences of your use or non-use of any information provided by Company or any person acting on its behalf, and Company is absolved of any liability or loss that you, your organization, business, or any other person may incur.

Limitation of Liability and Indemnification. To the fullest extent permitted by applicable law, Company will not be held liable or responsible in any manner for the information or Products that you obtain, request, or receive through the Website, Services, and/or Products. Under no circumstances and in no event will you hold Company or any affiliated representative liable to you, or to any other party, for any type of damages, including but not limited to direct, indirect, incidental, special, consequential, or equitable damages for any use of or reliance on the Website, Services, and/or Products.

You hereby agree to fully indemnify, release, and hold Company harmless from any and all liability, damages, claims, including but not limited to those related to lost profits, business or personal interruptions, personal injuries, accidents, misapplication of information, or any type of loss or damage. This includes any causes of action, allegations, suits, claims, or demands, in law or equity, that may arise from any past, present, or future activity relating to your participation in, use of, or relation to the Website, Services, and/or Products.

Risk of Injury. Company is not responsible for any injuries, damages, or losses that occur from engaging with the Services and/or Products. You are advised to exercise caution, follow safety guidelines, and use proper equipment to minimize risk of harm, if applicable. By engaging with the Services and/or Products, you acknowledge and accept the inherent risks involved and agree to hold Company harmless from any and all liabilities.

Data Collection and Platform Operations. When you access or use the Website or Services, Company and its technology providers, including Shopify Inc., collect and process information necessary for marketplace operations, event management, accelerator program administration, and digital service delivery. You acknowledge that Shopify may collect additional data as outlined in their Privacy Policy and Terms of Service. This includes: (1) transaction data for marketplace purchases; (2) Supplier information for dropship fulfillment; (3) participant data for events and accelerator programs; (4) analytics for digital marketing services; and (5) communication data for community engagement.

Company uses this information to facilitate transactions between customers and Suppliers, manage events, operate the accelerator program, provide digital services, and send relevant communications. All data collection and processing comply with applicable privacy laws and our Privacy Policy, which you should review for additional information.

Governing Law and Jurisdiction. Company is operated from the United States of America. All matters arising out of or relating to this Disclaimer are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. The governing jurisdiction for any dispute shall be the State of New York.

Errors and Omissions. Company takes vigilant efforts to ensure that the information conveyed on the Website or provided through the Services and/or Products is accurate. However, the information may inadvertently contain errors, including but not limited to technological errors or other inaccuracies. Company is not responsible for the opinions, views, or accuracy of facts referenced on or through the Website, Services, and/or Products.

No Warranties. Company makes no express or implied representations or warranties of any kind, including but not limited to the operation of the Website, Services, and/or Products, or information, content, and materials included therein, to the fullest extent permissible by applicable law. Company disclaims all warranties of merchantability and fitness for a particular purpose. Company will not be liable for any damages of any kind arising from the use of the Website, Services, and/or Products.

Force Majeure. No party shall be liable or responsible to the other, nor be deemed to have defaulted under or breached this Disclaimer, for any failure or delay in fulfilling or performing any term when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control. This includes but is not limited to illness, emergency, fire, casualty, strike, unsafe environment, threat, act of God, or pandemic (“Force Majeure Event”). The Impacted Party shall give notice to the other Party within ten (10) days of the Force Majeure Event, stating the expected duration. The Impacted Party shall resume performance of its obligations as soon as reasonably practicable after the removal of the cause.

Marketplace and Partnership Relationships. Company partners with Suppliers to offer Products through its marketplace platform and collaborates with various businesses for its accelerator program, events, and digital services. Company receives compensation through marketplace transactions, accelerator program participation, event fees, and service contracts. While Company carefully curates its Suppliers and partners, Company does not guarantee or endorse any specific Product, Supplier, or partner. You acknowledge that: (1) all marketplace transactions are ultimately between you and the Supplier; (2) accelerator program outcomes depend on multiple factors beyond Company’s control; and (3) event and digital service results may vary. To the maximum extent permitted by law, Company disclaims all liability related to Supplier performance, Product quality, partner services, or any damages arising from your use of the marketplace, accelerator program, events, or digital services.

No Endorsement. References or links incorporated on the Website, Services, and/or Products to any other individual’s business or organization’s information, advice, products, services, or programs do not constitute Company’s formal endorsement. Company is not responsible for examining or evaluating the content or accuracy of any third-party materials or services and shall not be liable for any such third-party materials or services. You acknowledge that by following any links to third-party websites or services, you are subject to their respective terms of service and privacy policies. Company does not guarantee the availability, reliability, or security of any third-party services or products, and any transactions or interactions with third parties are solely between you and such parties.

Changes to this Disclaimer. Company may update or change this Disclaimer from time to time. Changes and clarifications will take effect immediately upon posting to the Website. Your continued use of the Website, Services, and/or Products following the posting of any changes constitutes acceptance of those changes.

Contact Us. By using Company’s Website, Services, and/or Products, you signify that you agree to all parts of this Disclaimer. If you have any further questions, please contact Company directly at sachin@desabazaar.com.