Terms And Conditions

 

These website terms and conditions ("terms and conditions") are an electronic record in the form of an electronic contract formed under information technology act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information technology act, 2000. These terms and conditions do not require any physical, electronic or digital signature.

These terms and conditions including terms of use and and terms of sale are  legally binding documents  between you the user and bigfyda (both terms defined below). These terms and conditions will be effective upon acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between user and bigfyda for the use of the website (defined below).

This document is published and shall be construed in accordance with the provisions of rule 3 (1) of the information technology (intermediaries guidelines) rules, 2011 under information technology act, 2000 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the website.

These Terms and conditions of the website located at the URL www.bigfyda.com under the name and style "BIGFYDA.COM" (the Website) is between Bigfyda Ventures (hereinafter referred to as " Bigfyda Ventures " or "Bigfyda" or "We" or "Us" or "Our") and the guest users or registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which Bigfyda offers You access to the Website and such other services as are incidental and ancillary thereto ("Services").

You are requested to take note of these terms and conditions carefully before using or registering on the website or accessing any material, information or services through the website. If you do not agree with these terms and conditions, please do not use the website.

These Terms and conditions together with the Privacy Policy available at www.bigfyda.com, the other policies of the Website available at www.bigfyda.com on the Website together with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which You are allowed to access and use the Website and avail the Services.

 

1. General

1.1 Bigfyda Ventures is a Partnership Firm registered under the laws of India, with its registered office  at Bigfyda Ventures, ‘ Ban House’ , Opposite Swami Narayan Temple, Akshar Marg, Kalawad Road, Rajkot. 360001. Gujarat (INDIA).

Bigfyda Ventures is an intermediary in the form of an online marketplace and is only limited to the managing of the Website to enable seller to exhibit, advertise, display, make available and offer to sell the products available with them and to enable the buyer/s to purchase the products so offered ("Products"), and other incidental Services thereto ("Services") including use of the Website by any User.

1.2 These Terms and Conditions are subject to constant  revision by Bigfyda at any time and hence the Users are requested to carefully read these Terms and conditions from time to time before using the Website. If the website is used even without acknowledgement the mere usage of the website for any purpose shall be construed as acceptance for the above Terms and Conditions and any other legal agreements thereof. The revised Terms and conditions shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms and conditions. In the event such a facility is provided on the Website, You can determine when BIGFYDA last modified any part of the Agreement by referring to the "Last Updated" legend provided in that document. It shall be Your responsibility to check these Terms and conditions periodically for changes. BIGFYDA may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services.

1.3 This point shall explain the situation if in case there is any conflict in the following:

(i) If there is any conflict between the privacy policy and any other legal agreement provided herein , the privacy policy shall take precedence to the extent of the conflict.

(ii) If at any given point of time Bigfyda Ventures adds an additional terms and conditions document as an addendum to this document then the former document shall take precedence, But only to the extent of the clauses mentioned in such addendum.

(iii) between the Seller Agreement and any other part of these Terms and conditions, the Seller Agreement shall take precedence but only to the extent of the conflict;

(iv) between these Terms and conditions and any other notices, disclaimers or guidelines appearing on the Website, these Terms and conditions shall take precedence but only to the extent of the conflict.

 

2. Services

2.1 The Website is a market place available online or electronically for the benefit of the seller and you, the user. The website  is an intermediary that (a) provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers / customers), and (b) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and (c) services to facilitate the engagement of buyers and sellers to under commerce on the Website, and (d) such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.

 

3. Eligibility to Use

3.1 The services are only available for those users who are competent to contract by the laws of India. The Services are not available to minors under the age of eighteen (18) or to any users suspended or removed from the BIGFYDA system by BIGFYDA for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding with the terms as mentioned above, if You are below the legal contractual age i.e. eighteen (18) years, please read through these Terms and conditions with your parent or legal guardian, and in such a case these Terms and conditions shall be deemed to be a contract between BIGFYDA and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.

3.2 We reserve the right to refuse access to use the Services offered at the Website to new Users or existing users without  providing with any reasons for our act or omission thereof.

3.3 You  as a user of this website are only permitted to have one active account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.

 

4. User Account, Password, and Security

4.1 You may access and use the Website and the Services either as a registered user or as a guest user. However, there may be certain sections on the buyer and the seller area that may or may not be accessible to guest users.

4.2 Registered Users:  We make certain sections of the Services specially available to You through the Website only if You have provided us with the certain required User information and have created an account and a BIGFYDA ID through certain log-in ID and password ("Account"). You can create Your Account on the Website through logging in by any of Your third party website user ID and password including but not limited to various available social media options (BIGFYDA ID and/or other third party login identification as provided above are individually and collectively referred to the "Account Information").

Once you have created an account as a User of the website it is your sole responsibility for maintain the confidentiality and security of the account information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify us in case of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You sign out  from Your Account at the end of each session. BIGFYDA cannot and will not be liable for any consequential or other loss or damage what so ever arising from Your failure to comply with this section. However, You may be held liable for any losses incurred by BIGFYDA or any other third party user or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.

If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or BIGFYDA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BIGFYDA has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).

4.3 Guest users: Like all other websites, Bigfyda also allows its visitors to have a limited access to the Services so that such users can get a gist of the available services on the website (also called as 'guest users'). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. However, We may restrict selling to unregistered users for certain or all products at any given point of time without giving any notice of the same. These benefits may change from time to time.

4.4 Depending upon whether You are a seller or a buyer or another user who otherwise wish to use the Website, and the nature of Services You wish to avail from the Website, You may be required to provide certain personal information and BIGFYDA may collect certain personal information. Your provision of, and BIGFYDA's collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by BIGFYDA's privacy policy, which is available at www.bigfyda.com ("Privacy Policy").

 

5. Information regarding Payments

5.1 BIGFYDA does not levy any fee for browsing the Website or buying the Products on the Website. We may never charge our Users any fees for the use of the Website However, we may charge for any or all Services as a whole, or certain features of the Services including but not limited to shipping, refund etc. You agree to pay any such fees, as may be applicable to the Services that You use. BIGFYDA will try to ensure that You are made aware of the applicability of any fees for a particular use of the  Services, as well as the amount of fees payable by You for any such use of the  Service.

5.2 You hereby indemnify and agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or any other credit/debit card with due consent whether written or oral or express or implied of the original owner of such card. We assure that the information provided by shall not be utilized or shared with any other third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details. BIGFYDA expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card as no payment is processed  directly by us.

5.3 For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and BIGFYDA does not control the same and shall be liable for the same.

5.4 Payment gateway providers at Bigfyda: BIGFYDA may from time to time contract with third party payment service providers including banks to open under applicable Indian laws, to facilitate the payment between Users i.e. buyers and sellers and for collection of BIGFYDA's fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. We shall initiate the remittance of the payments made by for Your purchase orders on the Website after the Products are delivered to You and the date of completion of transaction shall be after the Products are delivered to You and such other additional time as may be agreed between BIGFYDA and sellers for assurance of the quality and the quantity of the order.

 

6. Your Duties as a Users

6.1 Subject to the terms of this Agreement(s), BIGFYDA grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.

6.2 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that Your access on the Website in accordance with clause 7.

6.3 You agree to use the Services, Website and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) the Agreement(s) (including but not limited to these Terms and conditions); and (b) any applicable law.

6.4 You also agree to not use the website in any  other form other than provided by us. You shall not use any deep-link, 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 Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

6.5 If you believe at any given point of time that any content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) as  contained in this website or any other  applicable law of India. You may report such content in the manner prescribed under clause 14 herein.

6.6  The Website may allow you to post certain content, data or information of Your own such as allowing You to rate Products, seller, post your comments, and reviews in relation to Products on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to BIGFYDA using the Website / Services (collectively referred to "User Content"). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that BIGFYDA does not endorse any User Content on the Website and is not responsible or liable for any User Content. BIGFYDA reserve the right to disable access to the User Content on the Website.

6.7 You hereby grant BIGFYDA a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these Terms and conditions; and (iii) that such User Content is lawful.

6.8 You agree, understand and acknowledge that the Website is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic venue where various Users may electronically meet and interact with each other to engage in commerce and transact. You further agree and acknowledge that BIGFYDA is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. BIGFYDA is not the seller of the Products. Accordingly, any contract for the sale / purchase of Products on the Website is a bipartite contract between You and the sellers (if You are a buyer) or You and the buyer (if You are a seller). BIGFYDA neither recommends You to buy or sell any Products on the Website nor does BIGFYDA endorses any such Products and nor does BIGFYDA provides any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Further, BIGFYDA does not guarantee, warranty or provide any assurance on the behaviour of any User of the Website including any guarantee, warranty or assurance that any User (whether buyer or seller) will complete any transaction or act in a prudent manner.

6.9  When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:

(a) belongs to a third party and to which the user may not have a right to;

(b) is harmful, harassing, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnicall objectionable, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

(c) harms a minor as defiend by the rules and regulations of the country, you are a resident of ;

(d)   impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

(e)  threatens or attempts to threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with any       foreign state, or public order or causes incitement to the commission of any cognizable or non cognizable offence or prevents investigation of any offence or is demeaning any other nation;

(f)   infringes any registered, non registered, applied for patent, trademark, copyright or other proprietary rights;

(g) contain any kind of viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource present at the registered or non registered offices of Bigfyda;

(h) engage in any activity that interferes with or disrupts the access to the Website or to any of the services as offered on our website (or the servers and networks which are connected to the Website);

(i) attempt to gain unauthorized access to the website, any other systems or networks connected to the Website. Also attempt to gain unauthorized access to any of the  BIGFYDA server, or to any of the Services offered on or through the Website, by hacking, using brute force or any other kind of hacking method to break into an account not owned by you or any other illegitimate means;

(j) You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of BIGFYDA, including any BIGFYDA Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;

(k) disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems, resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any other affiliated or linked sites;

(l)  use the Website or Content for any purpose that is unlawful or prohibited by the Agreement contained herein, or to solicit the performance of any illegal activity or other activity which infringes the rights of BIGFYDA or other third parties;

(m) falsify or attempt to falsify or delete or attempt to delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded to the website for the purposes of providing services to its users;

(n) violate any applicable laws or regulations for the time being in force within or outside India;

(o) violate the terms of the Agreement.

6.10 You hereby  agree and indemnify that You are solely responsible to BIGFYDA and  any third party for any breach of Your obligations under these Terms and conditions or other Agreements provided on this website and for any consequences (including any loss or damage which BIGFYDA or its affiliates or its vendors may suffer) for any such breach.

6.11  You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.

6.12 You shall use this Website for personal,commercial and non-commercial use. However, such use shall only be for the purpose of buying the goods for personal or non personal requirements and shall not be for re-selling  the same to any third person.

6.13 Any purchase of the Products from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Products purchased are not transferrable to any third party for profit. Accordingly, BIGFYDA reserves the right to cancel any orders that classify as 'Bulk Order' as determined by BIGFYDA as per certain criteria. Any rewards or benefits provided by BIGFYDA and used by You for placing the 'Bulk Order' will not be refunded. An order can be classified as 'Bulk Order' if it meets certain criteria adopted by BIGFYDA for the purpose of identifying 'Bulk Order', including but not limited to:

               a. Products ordered for commercial resale and not for self-consumption;

               b. Multiple orders placed for same product at the same address;

               c. Bulk quantity of the same product ordered;

               d. Invalid address given in order details; or

               e. Any malpractice used to place the order.

6.14 There may be certain orders that BIGFYDA is unable to process or pass on buyer's order to the seller and must cancel. Some situations that may result in BIGFYDA's inability to process or pass on buyer's order to the seller include, without limitation, non- availability of the Website service, force majeure, credit limitations or suspected fraud.

6.15 In case buyer purchases multiple Products in one transaction, the Seller(s) may try to deliver  all such Products together. However, this may not always be possible. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided by You.

6.16 In certain cases, where buyer requires certain services in relation to a Product, such as warranty, after-sales or installation services, buyer shall directly contact seller or the manufacturer. However, in the event, buyer contacts BIGFYDA for the same, BIGFYDA may inform the seller to provide or facilitate the provision of such services to the buyer. BIGFYDA is not and shall not be obliged to provide any such additional services. BIGFYDA's role in relation to facilitating such services shall be limited to facilitating communication between buyer and the seller for the purpose of provision of such additional services.

 

7. Content Usage:

7.1  you unless expressly indicated to the contrary in any of the legal agreements as mentioned on this website we hereby grant You a revocable, non transferable and non exclusive right to view download and print product catalogues as available on the website . However, the same may be restricted and may be subject to certain following conditions. 

               (a) Your access to the product catalogues is solely for personal, informational, and internal purposes, in accordance with these Terms and conditions;

               (b) You may not at any given point of time modify or alter of try to modify or try to alter product catalogues available on the Website;

               (c) You may not do or attempt to distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and

               (d) You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website.

7.2 All such  rights as above granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.

7.3 Any software that is available on the Website is the property of BIGFYDA or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of BIGFYDA.

 

8. Intellectual Property Rights

8.1 All contents available on the Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Bigfyda Ventures or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. BIGFYDA reserves the right to change or modify the Content from time to time at its sole discretion.

8.2 The trademarks, logos and service marks displayed on the Website ("Marks") are the property of BIGFYDA or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of BIGFYDA, the vendor/seller or the third party that may own the Marks.

8.3 Unless as stated as otherwise, indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, BIGFYDA owns all intellectual property rights to and into the trademark "BIGFYDA", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

8.4 You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from BIGFYDA or thirty party owner of such Content.

 

9. Disclaimer of Warranties & Liability

9.1 The website, services, content, user content and any third party content are provided by bigfyda on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, bigfyda makes no warranty that (i) the website or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the website or services will be effective, accurate or reliable; (iii) the quality of the website or services will meet your expectations; or that (iv) any errors or defects in the website or services will be corrected. No advice or information, whether oral or written, obtained by you from bigfyda or throughthe website / contentor from use of the services shall create any warranty not expressly stated in these terms and conditions.

9.2 To the maximum extent permitted by applicable law, bigfyda will have no liability related to user contentand / or third party contentarising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Bigfyda also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content and / or third party content.

9.3 You expressly understand and agree that, to the maximum extent permitted by applicable law bigfyda will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services, either with or without your knowledge. Bigfyda has endeavored to ensure that all the information on the website is correct, but bigfyda neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Bigfyda shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, bigfyda shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond bigfyda 's control. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Bigfyda is not responsible for any typographical error leading to an invalid coupon. Bigfyda accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

 

10. Indemnification and Limitation of Liability

10.1 You as a  user of this website agree to indemnify, defend and hold harmless BIGFYDA, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with

(i) Your breach of the Agreement(s); or

(ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or

(iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or

(iv) Your violation of any rights of another, including any intellectual property rights.

10.2 You shall be notify by us or through any person directed by us to notify you regarding any claims which you shall be liable to make good and indemnify Bigfyda. You shall be notified regarding the cause of action that caused such claim and the course of action to be taken after seeking the advise of an in house or outside, general or specific attorney practicing in India or abroad as deemed fit for the purpose. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of BIGFYDA without the express prior written consent of BIGFYDA which can be withheld or denied or conditioned by BIGFYDA in its sole discretion.

10.3 Notwithstanding anything to contrary in the Agreement(s), BIGFYDA's entire and aggregate liability to You under and in relation to these Terms and conditions or otherwise shall not exceed the amount of fees if any, paid by You to BIGFYDA under the relevant order to which the cause of action for the liability relates.

10.4 Notwithstanding anything to contrary in the Agreement(s), in no event shall Bigfyda, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not BIGFYDA has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.

 

11. Terms

11.1 This  agreement is legally binding the same has been agreed by you. This agreement will continue to apply until terminated by either You or Bigfyda as set forth below. If You want to terminate Your agreement with Bigfyda, You may do so by (i) not registering or purchasing or using the website in anyway; or (ii) closing Your Account for all of the Services that You use, where BIGFYDA has made this option available to You.

11.2 You also agree that Bigfyda may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if BIGFYDA determines that You have violated the terms of these Terms and conditions or any other Agreement(s). You also agree that any violation on your part of the Agreement(s) might  cause reparable or  irreparable harm to BIGFYDA, for which monetary damages may be inadequate, and You consent to BIGFYDA obtaining any injunctive or equitable relief that Bigfyda deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies BIGFYDA may have at law or in equity.

11.3 In addition to Clause 11.2 above, Bigfyda may, at any time, with or without notice, terminate these Terms and conditions (or portion thereof, such as any individual Additional Terms) with You if:

(a) Bigfyda is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;

 (b) The provision of the Services to You by BIGFYDA is, in BIGFYDA's opinion, no longer commercially viable;

(c)BIGFYDA has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or

(d) In the event BIGFYDA faces any unexpected technical issues or problems that prevent the Website and / or Services from working.

 

11.4 Bigfyda may also terminate or suspend any or all  of  Your Account or access to the Services with or without any reason whatsoever. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.

11.5 You agree that all terminations shall be made in BIGFYDA's sole discretion and that BIGFYDA shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.

11.6 Notwithstanding the above these terms and conditions of this Agreement  are meant to survive termination / expiry of this Agreement. The same shall survive indefinitely unless and until BIGFYDA chooses to terminate them as well. BIGFYDA may inform the sellers who have accepted Your purchase orders on the Website, that this Agreement is terminated, and upon such information sellers may cancel the purchase order. BIGFYDA may also cancel all Your non-fulfilled orders on the Website without any obligation or liability towards You.

 

12. Governing Law and Jurisdiction

12.1 These Terms and conditions and all transactions entered into on or through the Website and the relationship between You and BIGFYDA shall be governed in accordance with the laws of India without reference to conflict of laws principles.

12.2 You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms and conditions, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and BIGFYDA shall be subject to the exclusive jurisdiction of the courts at Gujarat, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.

 

13. Violations

In the event wherein You may come across any abuse or violation of these Terms and conditions or if You become aware of any objectionable content on the Website provided by user or us, or if You happened to believe that your intellectual property rights have been violated in any manner through the Website, please e-mail with the necessary proofs at care@bigfyda.com

 

14. Communications

When You use the Website or send emails or other data, information or communication to BIGFYDA, You agree and understand that You are communicating with BIGFYDA through electronic records and You consent to receive communications via electronic records from BIGFYDA periodically and as and when required. BIGFYDA will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law,

 

15. Miscellaneous Provisions

15.1 Notice: All notices with respect to these Terms and conditions from BIGFYDA will be served to You by email at grievance@bigfyda.com or by general notification on the Website. Any notice provided to BIGFYDA pursuant to these Terms and conditions should be sent to Grievance Officer, Bigfyda Ventures, ‘ Ban House’, Opposite Swami Narayan Temple, Akshar Marg, Kalawad Road, Rajkot. 360001. Gujarat (INDIA).

15.2 Assignment: You do not have any right to 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. However, Bigfyda's rights and/or obligations under the Agreement are freely assignable or otherwise transferable by BIGFYDA to any third parties without the requirement of seeking Your prior consent. BIGFYDA may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. BIGFYDA shall have right to transfer Your Account and Account Information to a third party who purchases BIGFYDA's business as conducted under the Website.

15.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Bigfyda may amend in a reasonable manner, any such provision  which may come unenforceable, to make it enforceable and such amendment will be given effect in accordance with the amended terms of these Terms and conditions.

15.4 Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms and conditions or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

15.5 Force Majeure: if performance of services by either party cannot be effected due to unforeseen act, that cannot be prevented, delayed , interfered with due to labour disputes acts of God, including but not limited floods, like lighting, severe weather, earthquake, tsunami, tornado, communication failures, shortage of material, acts of terrorism, embargo, war or any other act what so ever, then since such situation are beyond reasonable control of Bigfyda or its third parties performing such parties, then Bigfyda shall be excused from such performance  to the extent of and during the period of such force majeure event.

 

16. Feedback and Information

16.1 Any feedback is important to us and the same is provided by You. BIGFYDA shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) BIGFYDA is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) BIGFYDA may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from BIGFYDA for the feedback under any circumstances.

16.2 To clarify, BIGFYDA may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however BIGFYDA shall not be obliged to do so. Further, in the event that BIGFYDA makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to BIGFYDA, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.