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TERMS AND CONDITIONS
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The platform is owned by BIGBEST INFOTECH PRIVATE LIMITED a company incorporated under the Companies Act, 2013 having the registered office at E2/282, Gali No, 9 Prem Nagar, 3rd Kirari, Delhi 110086 (India). It is classified as a Non-govt company and is registered at Registrar of Companies, Delhi (herein referred to as “BIGBEST”).
1. ELIGIBILITY OF USER
Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.
As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. BIGBEST reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to BIGBEST’S notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.
If you are registering as a business entity, you represent that you are duly authorized to accept this User Agreement and you have the authority to bind Your business/legal entity to this User Agreement.
2 ACCOUNT AND REGISTRATION
If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of Your User ID and Password. If you use the Website as a Guest User, you are responsible for maintaining the confidentiality of Your email ID and phone number and restricting access to Your computer, computer system and computer network. You are responsible for all activities that occur under Your User ID and Password (if registered) or email ID and phone number (if Guest User) as the case may be. Also as a Guest User, you shall ensure the physical security and possession of Your device, the details of which are used to transact services with BIGBEST.IN . You agree, inter alia, to:
a. Provide true, accurate, current and complete information about yourself as prompted by BIGBEST.IN registration form or provided by You as a Guest User (such information being the "Registration Data")
b. You must include any of Your contact details such as email addresses etc. in Your User ID while registering as a Registered User; and
c. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times;
d. You must immediately notify us of any unauthorized use of Your password or account or any other breach of security, and
e. Ensure that You exit from Your account at the end of each session.
If You provide any information that is untrue, inaccurate, not current or incomplete, or BIGBEST.IN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement. BIGBEST.IN has the right to indefinitely suspend or terminate or block access of Your membership with the Website and refuse to provide You with access to the Website. BIGBEST.IN shall not be liable for any loss or damage arising from Your failure to comply with this Clause 2.
3. ELECTRONIC COMMUNICATIONS
When You use the Website or send emails or other data, information or communication to BIGBEST.IN, You agree and understand that You are communicating with BIGBEST.IN through electronic records. You consent to receive communications from us electronically. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Website and/or your order placed on the Website. We will communicate with You by email or by posting notices on the Website or through any other BIGBEST services. You agree that all the agreements, notices, disclosures and other communications that we provide to You electronically shall be deemed to be an adequate service of notice/electronic record and satisfy any legal requirement that such communications be in writing.
4 USER CONDUCT
You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
o belongs to another person and to which You do not have any right to
o is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
o is misleading in any way
o promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
o infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity
o contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
o contains video, photographs, or images of another person (with a minor or an adult).
o tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
o interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services
o infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products
o violates any law for the time being in force
o threatens the unity, integrity, defence, security or sovereignty of India, 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
o shall not be false, inaccurate or misleading
o shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers
A User may be considered fraudulent if there is loss to business due to fraudulent activity if any of the following scenarios are met:
o Users don’t reply to the payment verification mail sent by BIGBEST
o Users fails to produce adequate documents during the payment details verification
o Misuse of another Users's phone/email
o User uses invalid address, email and phone no.
o Overuse of a voucher code
o Use of a special voucher not tagged to the email ID used.
o Users returns the wrong product
o Users refuses to pay for an order
o Users involved in the snatch and run of any order
o Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to BIGBEST
o User with excessive returns
BIGBEST may cancel any order that classify as 'Bulk Orders'/'Fraud orders' under certain criteria at any stage of the product delivery. An order can be classified as 'Bulk Order'/'Fraud Order' if it meets with the below mentioned criteria, and any additional criteria as defined by BIGBEST:
o Products ordered are not for self-consumption but for commercial resale
o Multiple orders placed for same product at the same address, depending on the product category.
o Bulk quantity of the same product ordered
o Invalid address given in order details
o Any malpractice used to place the order
o Any promotional voucher used for placing the 'Bulk Order' may not be refunded
o Any order paced using a technological glitch/loophole.
BIGBEST does not facilitate business-to-business transaction between Sellers and business customers. You are advised to refrain from transacting on the Platform if You intend to avail the benefits of input tax credit.
You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of BIGBEST.
You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads BIGBEST by sharing multiple address and phone numbers or transacting with malafide intentions.
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.
The Content posted does not necessarily reflect BIGBEST views. In no event shall BIGBEST assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
BIGBEST hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User.
5. PLATFORM FOR COMMUNICATION
BIGBEST.IN’S ROLE IS THAT OF AN INTERMEDIARY IN THE FORM OF AN ONLINE MARKETPLACE AND IS LIMITED TO MANAGING THE WEBSITE TO ENABLE SELLERS TO EXHIBIT, ADVERTISE, DISPLAY, MAKE AVAILABLE AND OFFER TO SELL THE PRODUCTS AND TO ENABLE BUYERS TO PURCHASE THE PRODUCTS SO OFFERED, AND OTHER INCIDENTAL SERVICES TO FACILITATE THE TRANSACTIONS BETWEEN SELLERS AND THE BUYERS. ACCORDINGLY, THE CONTRACT FOR SALE OF ANY OF THE PRODUCTS SHALL BE A BIPARTITE CONTRACT BETWEEN SELLER AND THE BUYER. AT NO TIME SHALL BIGBEST.IN' HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL BIGBEST.IN' HOLD ANY TITLE IN THE PRODUCTS. THE TITLE IN THE PRODUCTS AND OTHER RIGHTS AND INTERESTs IN THE PRODUCTS SHALL DIRECTLY PASS TO THE BUYER FROM THE SELLER.
BIGBEST.IN does not control, endorse or accept responsibility for any product (including but not limited to product catalogues) proposed to be sold or offered to be sold or purchased on the website or any linked sites. BIGBEST.IN makes no representations or warranties whatsoever about, and shall not be liable for the Seller or any such third parties, their products including representations relating to merchantability, fitness of a product or service for a particular purpose, warranty as to specific products and non-infringement of third party intellectual property rights. Any transactions that the Buyer may have with such third parties are at Buyer's own risk. The products shall be subject to Seller's terms and conditions for warranty, service and maintenance, and BIGBEST.IN does not accept any responsibility for the same. BIGBEST.IN also does not accept any responsibility for the usage of the products by the Buyer.
BIGBEST.IN specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, expired products purchased by the Buyer from the Seller and BIGBEST.IN shall not assume any liability if the product purchased or availed by the Buyer from the Seller is not exactly as per specifications detailed in the purchase confirmation of the order.
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with BIGBEST nor shall have any obligations or liabilities in respect of any transactions on the website.
You shall indemnify and hold harmless BIGBEST INFOTECH PRIVATE LIMITED, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release BIGBEST INFOTECH PRIVATE LIMITED and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
8 . SELLING
The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. BIGBEST reserves the right to delete such multiple listings of the same product listed by you in various categories.
While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by You and between "Bank/s", or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s
All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on the Platform.
Before shipping / delivering your order to you, the Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
Payment facilities for buyer
1. You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
2. You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension/increase in the Dispatch and/or Delivery time, and the Transaction shall stand amended to such extent. Any such extension/increase of Dispatch / Delivery time or subsequent novation/variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
3. You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Platform features within the stipulated time than this would make You ineligible for a refund.
4. Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
5. For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
6. Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.
7. Refund shall be conditional and shall be with recourse available to BIGBUY in case of any misuse by Buyer
Using the BIGBEST.IN Wallet
The bigbest.in the wallet is a credit system where you can receive credits for games that you send to us. Credits cannot be bought or sold. Consider this wallet as your online piggy bank where you can set aside money every month to buy new games. We accept games from our customers on the basis of trust and we reserve the right to hold back credit. At one time, your Wallet is engineered to hold up to Rs. 4,000 in credits. Once you reach this limit, please ensure that you continue to spend on Products to take advantage of the credit you hold with us. If you anticipate crossing this limit temporarily until your next purchase, please let us know on email@example.com and we will ensure that your credit is not lost.
While shopping at BIGBEST.IN, you can choose a variety of certified refurbished Product(s) from the best Products brands available by checking features, comparing prices, and selecting the features most suitable for you.bigbest.in has a wide variety of Products certified refurbished conditions that you can buy online. We make your online shopping experience better as you can buy the Products of your choice by filtering on the basis of price, brands and features. we sell premium used Product(s) & certified refurbished Products with insane cheap prices with best quality without tag of cheap Product(s).
Compliance with laws
1. As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 2, 00, 000.00, the Customer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.
2. Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and BIGBEST Platform.
11. GENERAL PROVISIONS
Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. BIGBEST’S rights and/or obligations under the Agreement are freely assignable or otherwise transferable by BIGBEST to any third parties without the requirement of seeking Your prior consent. BIGBEST may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. BIGBEST shall have right to transfer Your Account and Account Information to a third party who purchases BIGBEST’S business as conducted under the Website.
12. INTELLECTUAL PROPERTY RIGHTS RESTRICTIONS
This site is controlled and operated by BIGBEST.IN and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
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