ACCEPTANCE OF THE TERMS
These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the BiggBuyy website at www.BiggBuyy.com (the “Site”) and any related mobile or software applications including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the “Services”).
These Terms are effective for all existing and future BiggBuyy user accounts including but without limitation to users having access to the ‘deals page’ to manage their coupon claims and business listings.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by Clicking to accept or agree to the Terms, where it is made available to you by BiggBuyy in the user interface for any particular Service; or actually using the Services. In this case, you understand and agree that BiggBuyy will treat your use of the Services as acceptance of the Terms from that point onwards.
About the Site
The Site is a platform through which certain merchants (“Merchants”) offer deals for goods, services or experiences (“Deals”), sell gift cards (“Merchant Gift Cards”), sell goods and services directly to you (“Merchant Products”), make available deals, promotional codes, giveaways, samples, and offers for software downloads (“Coupons”), and sell dining experiences for specific dates and times (“Reservations”) (collectively, “Merchant Offerings”). Merchants are the sellers and issuers of the Merchant Offerings and are solely responsible to you for the care, quality, and delivery of the goods and services provided.
In addition, the Site also provides a platform through which you can purchase products from BiggBuyy (“Products”) and participate in other available programs.
Certain Merchant Offerings, Products, other available programs and pricing on the Site may change at any time in BiggBuyy’s sole discretion, without notice.
Ownership of the Site
Use of the Site
As a condition of your use of the Site, you agree that:
- You have reached the age of majority in the state or province in which you reside
- You are able to create a binding legal obligation;
- You are not barred from receiving products or services under applicable law
- You agree that you will not engage in any activity that interferes with or disrupts the offering (or the servers and networks which are connected to the offering).
- You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers
- You will only make purchases on the Site for your own use and enjoyment or, as a gift for another person
- You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current and complete
- You will update and correct information you have submitted to the Site and ensure that it is accurate at all times (out-of-date information will invalidate your account)
- Unless you have been specifically permitted to do so in a separate agreement with BiggBuyy, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the offering for any purpose.
Access to the Site
BiggBuyy retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
- You may only create and hold one account on the Site for your personal use and must register using a valid payment mode. You are responsible for updating and correcting information you have submitted to create or maintain your account. You understand and agree that BiggBuyy shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
- The Site may permit you to make purchases without an account or without logging in to your account. If you make a purchase in this manner, we will create an account for you based on the information provided to us in connection with the transaction (e.g., your name, address, e-mail address, and other transaction information).
- Violate our Guidelines and Policies
- Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling
- Contains material that violates the standards of good taste or the standards of the Services
- Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights
- Attempts to impersonate another person or entity
- Disguises or attempts to disguise the origin of Your Content, including but not limited to by:
- (i) submitting Your Content under a false name or false pretenses; or
- (ii) disguising or attempting to disguise the IP address from which Your Content is submitted
- Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest
- Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials
- Asserts or implies that Your Content is in any way sponsored or endorsed by us
- Accesses or uses the account of another user without permission
- Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment
- Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services
- Accesses without permission our proprietary or confidential records, those of another user, or those of anyone else
- Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement)
- Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services
- Collects, accesses, or stores personal information about other users of the Services
- Harms minor in any way
- Threatens the unity, integrity, defense, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
- Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content
- Acting illegally or maliciously against the business interests or reputation of BiggBuyy, our Merchants or our Services
Provision of Offerings by BiggBuyy
- BiggBuyy will continuously innovate and adapt in order to provide the best possible offerings and experiences for its users. You acknowledge and agree that the form and nature of the offering which BiggBuyy provides may change from time to time.
- You acknowledge and agree that BiggBuyy may stop (permanently or temporarily) providing the offering (or any features within the offering) to you or to users generally at BiggBuyy’s sole discretion.
- You acknowledge and agree that if BiggBuyy disables access to your account or login route, you may be prevented from accessing the offering, your account details or any files or other content which is contained in your account.
- You acknowledge and agree that while BiggBuyy may not currently limit your use of the offering in any way, it may do so if that use hinders with the ability of BiggBuyy to carry on its operations or the ability of other customers to use the offering.
- The supply of the offering will be subject to your making payments, if any, at the regular intervals as stated in the contract for the service. In the event that your account is terminated or access is disabled, or the service is permanently or temporarily stopped, BiggBuyy’s liability shall extend only to forfeiting the outstanding amount due for the current billing cycle. BiggBuyy shall not be made liable or called on to repay any amount paid during any previous billing cycle.
- BiggBuyy shall not be responsible for any loss or damage caused by a modification of the features, limitation of use of the offering or the discontinuation altogether thereof.
Your Passwords & Account Security
- You agree and understand that you are responsible to BiggBuyy and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the offering. You will be solely responsible for all activities that occur under your account.
- BiggBuyy will take due care to ensure the confidentiality of your credentials. You agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into BiggBuyy database, BiggBuyy shall not be made liable for the resulting damages.
- If you become aware of any unauthorized use of your password or of your account, you agree to notify BiggBuyy immediately.
Content in the Offering
- You understand that all information (such as data files, written text, computer software, or images) which you may have access to as part of, or through your use of, the offering are the sole responsibility of the person from which such content originated.
- You should be aware that content presented to you as part of the offering, including but not limited to advertisements and promotional material of BiggBuyy or other companies, is protected by intellectual property rights which are owned by BiggBuyy, or the sponsors or advertisers who provide that content to BiggBuyy (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on this content (either in whole or in part) unless you have been specifically told that you may do so by BiggBuyy or by the owners of that content, in a separate agreement. Any content being disseminated using BiggBuyy’s sales network or the product, service or platform may be pre-screened, reviewed, flagged, filtered, modified or simply refused or removed. Any spam or pornographic material and/or any illegal content will be immediately deleted and we reserve the right to take appropriate legal action.
- You agree that you are solely responsible for (and that BiggBuyy has no responsibility to you or to any third party for) any content that you create, transmit or display while using the offering or for the consequences of your actions (including any loss or damage which BiggBuyy may suffer) by doing so.
- You understand that by using the offering you may be exposed to content of other users that you may find offensive, indecent or objectionable and that, in this respect, you use the offering at your own risk. BiggBuyy shall not be made responsible for any repugnant content circulated on its offering by other users.
- On noticing any such content, it is your duty to bring it to the attention of BiggBuyy officials immediately, who will take due care to delete it from the offering.
Ownership & Intellectual Property Rights
- We are the sole and exclusive copyright owners of the Services and our Content. You acknowledge and agree that BiggBuyy (or BiggBuyy’s licensors) owns all legal right, title and interest in and to the offering, including any intellectual property rights which subsist in the offering (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the offering may contain information which is designated confidential by BiggBuyy and that you shall not disclose such information without BiggBuyy’s prior written consent.
- Unless BiggBuyy has otherwise agreed in writing, nothing in the terms gives you a right to use any of BiggBuyy’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You additionally agree that in using the offering, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
License from BiggBuyy
- BiggBuyy gives you a personal non-exclusive license to use the software provided to you by BiggBuyy as part of the offering as provided to you by BiggBuyy. This license is for the sole purpose of enabling you to use and enjoy the benefit of the offering as provided by BiggBuyy, in the manner permitted by these terms.
- You are not entitled to commercially exploit, either directly or by sale, or transfer commercially or profit from the offering and products.
- You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof.
- Unless BiggBuyy has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the service or otherwise transfer any part of your rights to use the service.
Cancellation & Termination
- Cancellation & Termination
- BiggBuyy may at any time, terminate its legal agreement with you if: (A) you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or (B) BiggBuyy is required to do so by law (for example, where the provision of the offering to you is, or becomes, unlawful)
- When these terms come to an end, all of the legal rights, obligations and liabilities that you and BiggBuyy are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this termination.
Disclaimer of Warranty
- You expressly agree that use of the site is at your sole risk. none of biggbuyy, its subsidiaries or affiliates or any of their respective employees, agents, merchants, third-party content providers or licensors or any of their officers, directors, employees or agents, warrant that use of the site will be uninterrupted, secure, virus-free or error free, nor do they make any warranty as to (a) the results that may be obtained from use of the site, or (b) the accuracy, completeness or reliability of
- The content on the site, including, without limitation, merchant offerings, products or other available programs,
- Descriptions of merchant offerings, products or other available programs, or
- User content provided through the site. the site and all content, user content and other information contained on the site, merchant offerings, products and other available programs accessible or available through the site, are made accessible or available on an “as is” and “as available” basis. to the extent allowed by applicable law, biggbuyy hereby disclaims any and all representations, warranties and conditions, whether express, implied, or statutory, as to the operation of the site or the content, user content or other information contained on the site or the merchant offerings, products or other available programs accessible or available through the site, including, without limitation, those of title, non-infringement, non-interference, merchantability, suitability and fitness for a particular purpose, as well as warranties implied from a course of performance or course of dealing.
Limitation of Liability
- In no event shall biggbuyy, its subsidiaries or affiliates or any of their respective employees, officers, directors, agents, merchants, partners, third-party content providers or licensors, or any of their officers, directors, employees or agents, be liable for any indirect, incidental, special, consequential, lost profit, lost business, or punitive damages arising out of, related to, or in connection with any of the following:
- Your use of the site, the content, user content, including, without limitation, any personal information, and any other information either contained in the site or submitted by to you to the site
- Your inability to use the site; (c) modification or removal of content submitted on the site
- The merchant offerings, products and other available programs accessible or available through the site
- Any products or services other than merchant offerings purchased or obtained from a merchant
- Any improper use of information you provide to the site, including, without limitation, any personal information. in no event will biggbuyy’s liability in connection with a merchant offering, product, and other available programs exceed the amounts paid for the applicable voucher, product or service. total aggregate liability arising out of, related to, or in connection with (a)-(g) above shall not exceed the amounts paid by you during the six months preceding the bringing of any claim. you agree that any cause of action arising out of, related to, or in connection with (a)-(g) above must commence within one (1) year after the cause of action accrues, or the cause of action is permanently barred. because some jurisdictions do not allow limitations on how long an implied warranty lasts, all or a portion of the above limitation may not apply to you.