Terms & Conditions
Users Terms & Conditions for Bigcart.co
____________________________________________________________
Zikreet e-Commerce Pvt.
Ltd owns www.bigcart.co and operates this Website. This document governs
your relationship with www.bigcart.co (“Website”). Access to and use of this
Website and the products and services available through this Website
(collectively, the "Services") are subject to the following terms,
conditions and notices (the "Terms of Service"). By using the
Services, you are agreeing to all of the Terms of Service, as may be updated by
us from time to time. You should check this page regularly to take notice of
any changes we may have made to the Terms of Service.
Access to this Website
is permitted on a temporary basis, and we reserve the right to withdraw or
amend the Services without notice. We will not be liable if for any reason this
Website is unavailable at any time or for any period. From time to time, we may
restrict access to some parts or all of this Website.
This Website may contain
links to other websites (the "Linked Sites"), which are not operated
by www.bigcart.co. www.bigcart.co has no control over the Linked Sites and
accepts no responsibility for them or for any loss or damage that may arise
from your use of them. Your use of the Linked Sites will be subject to the
terms of use and service contained within each such site.
Privacy Policy
Our privacy policy,
which sets out how we will use your information, can be found at [Privacy Policy Link]. By using this
Website, you consent to the processing described therein and warrant that all
data provided by you is accurate.
Prohibitions
You must not misuse this
Website. You will not: commit or encourage a criminal offense; transmit or
distribute a virus, trojan, worm, logic bomb or any other material which is
malicious, technologically harmful, in breach of confidence or in any way
offensive or obscene; hack into any aspect of the Service; corrupt data; cause
annoyance to other users; infringe upon the rights of any other person's
proprietary rights; send any unsolicited advertising or promotional material,
commonly referred to as "spam"; or attempt to affect the performance
or functionality of any computer facilities of or accessed through this Website.
Breaching this provision would constitute a criminal offense and www.bigcart.co
will report any such breach to the relevant law enforcement authorities and
disclose your identity to them.
We will not be liable
for any loss or damage caused by a distributed denial-of-service attack,
viruses or other technologically harmful material that may infect your computer
equipment, computer programs, data or other proprietary material due to your
use of this Website or to your downloading of any material posted on it, or on
any website linked to it.
Intellectual Property, Software and Content
The intellectual
property rights in all software and content (including photographic images)
made available to you on or through this Website remains the property of www.bigcart.co
or its licensors and are protected by copyright laws and treaties around the
world. All such rights are reserved by www.bigcart.co and its licensors. You
may store, print and display the content supplied solely for your own personal
use. You are not permitted to publish, manipulate, distribute or otherwise
reproduce, in any format, any of the content or copies of the content supplied
to you or which appears on this Website nor may you use any such content in
connection with any business or commercial enterprise.
This Agreement does not
transfer from the Zikreet e-Commerce Pvt. Ltd to you any of the Operator's or
third party intellectual property, and all right, title and interest in and to
such property will remain (as between the parties) solely with the Zikreet
e-Commerce Pvt. Ltd. The Zikreet e-Commerce Pvt. Ltd logo, and all other
trademarks, service marks, graphics and logos used in connection with the Site
are trademarks or registered trademarks of the Zikreet e-Commerce Pvt. Ltd or
the Zikreet e-Commerce Pvt. Ltd's licensors. Other trademarks, service marks,
graphics and logos used in connection with the Site may be the trademarks of
other third parties. Your use of the Site grants you no right or license to
reproduce or otherwise use any the Zikreet e-Commerce Pvt. Ltd or third-party
trademarks.
Copy Rights
All right, title, and
interest in and to the Service and all materials therein or transferred
thereby, including, without limitation, software, images, text, graphics,
illustrations, logos, patents, trademarks, service marks, copyrights,
photographs, audio, videos, music are and will remain the exclusive property of
Zikreet e-Commerce Pvt. Ltd. and its licensors. You agree not to sell, license,
rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit or create derivative works from any materials or
content accessible on the Service. Use of bigcart.co content or materials on
the service for any purpose not expressly permitted by this Agreement is strictly
prohibited.
Any feedback, comments, or suggestions you may provide regarding bigcart.co or
the Services is entirely voluntary and we will be free to use such feedback,
comments or suggestions as we see fit and without any obligation to you.
Terms of Sale
By placing an order, you
are offering to purchase a product on and subject to the following terms and
conditions. All orders are subject to availability and confirmation of the
order price.
Dispatch times may vary
according to availability and subject to any delays resulting from traffic jam,
product not available with vendor, vendor side delays or force majeure for
which we will not be responsible.
In order to contract
with www.bigcart.co you must be over 18 years of age and possess a valid credit
or debit card issued by a bank acceptable to us. www.bigcart.co retains the
right to refuse any request made by you. If your order is accepted we will
inform you by email and we will confirm the identity of the party which you
have contracted with. This will usually be www.bigcart.co or may in some cases
be a third party. Where a contract is made with a third party www.bigcart.co is
not acting as either agent or principal and the contract is made between
yourself and that third party and will be subject to the terms of sale which
they supply you. When placing an order you undertake that all details you
provide to us are true and accurate, that you are an authorized user of the
credit or debit card used to place your order and that there are sufficient
funds to cover the cost of the goods. The cost of foreign products and services
may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order,
you will receive an acknowledgement e-mail confirming receipt of your order:
this email will only be an acknowledgement and will not constitute acceptance
of your order. A contract between you and bigcart.co vendor will not be formed
until we send you confirmation by e-mail that the goods which you ordered have
been dispatched to you. Only those goods (Subjected to change or cancel based
on availability with bigcart.co vendor) listed in the confirmation e-mail sent
at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure
that all details, descriptions and prices which appear on this Website are
accurate, errors may occur. If we discover an error in the price of any goods
which you have ordered we will inform you of this as soon as possible and give
you the option of reconfirming your order at the correct price or cancelling
it. If we are unable to contact you we will treat the order as cancelled. If
you cancel and you have already paid for the goods, you will receive a full
refund.
Delivery costs will be
charged in addition; such additional charges are clearly displayed where
applicable and included in the 'Total Cost'.
(c) Payment
Upon receiving your order,
Bigcart.co will carry out a standard authorization check on your payment card
to ensure there are sufficient funds to fulfill the transaction. Your card will
be debited upon authorization being received. The monies received upon the
debiting of your card shall be treated as a deposit against the value of the
goods you wish to purchase. Once the goods have been dispatched and you have
been sent a confirmation email the monies paid as a deposit shall be used as
consideration for the value of goods you have purchased as listed in the
confirmation email. Presently, bigcart.co only accept cash on delivery and
product will be deliver to your address against cash payment.
Disclaimer of Liability
The material displayed
on this Website is provided without any guarantees, conditions or warranties as
to its accuracy. Unless expressly stated to the contrary to the fullest extent
permitted by law www.bigcart.co and its suppliers, content providers and advertisers
hereby expressly exclude all conditions, warranties and other terms which might
otherwise be implied by statute, common law or the law of equity and shall not
be liable for any damages whatsoever, including but without limitation to any
direct, indirect, special, consequential, punitive or incidental damages, or
damages for loss of use, profits, data or other intangibles, damage to goodwill
or reputation, or the cost of procurement of substitute goods and services,
arising out of or related to the use, inability to use, performance or failures
of this Website or the Linked Sites and any materials posted thereon,
irrespective of whether such damages were foreseeable or arise in contract,
tort, equity, restitution, by statute, at common law or otherwise. This does
not affect www.bigcart.co's liability for death or personal injury arising from
its negligence, fraudulent misrepresentation, and misrepresentation as to a
fundamental matter or any other liability which cannot be excluded or limited
under applicable law.
Linking to this Website
You may link to our home
page, provided you do so in a way that is fair and legal and does not damage
our reputation or take advantage of it, but you must not establish a link in
such a way as to suggest any form of association, approval or endorsement on
our part where none exists. You must not establish a link from any website that
is not owned by you. This Website must not be framed on any other site, nor may
you create a link to any part of this Website other than the home page. We
reserve the right to withdraw linking permission without notice.
Disclaimer as to
ownership of trademarks, images of personalities and third party copyright
Except where expressly
stated to the contrary all persons (including their names and images), third
party trademarks and content, services and/or locations featured on this
Website are in no way associated, linked or affiliated with www.bigcart.co and
you should not rely on the existence of such a connection or affiliation. Any trademarks/names
featured on this Website are owned by the respective trade mark owners. Where a
trade mark or brand name is referred to it is used solely to describe or
identify the products and services and is in no way an assertion that such
products or services are endorsed by or connected to www.bigcart.co.
Indemnity
You agree to indemnify,
defend and hold harmless www.bigcart.co, its directors, officers, employees,
consultants, agents, vendors, and affiliates, from any and all third party
claims, liability, damages and/or costs (including, but not limited to, legal
fees) arising from your use this Website or your breach of the Terms of
Service.
Variation
www.bigcart.co shall have the right in its
absolute discretion at any time and without notice to amend, remove or vary the
Services and/or any page of this Website.
Invalidity
If any part of the Terms
of Service is unenforceable (including any provision in which we exclude our
liability to you) the enforceability of any other part of the Terms of Service
will not be affected all other clauses remaining in full force and effect. So
far as possible where any clause/sub-clause or part of a clause/sub-clause can
be severed to render the remaining part valid, the clause shall be interpreted
accordingly. Alternatively, you agree that the clause shall be rectified and
interpreted in such a way that closely resembles the original meaning of the
clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which
we will use to try to resolve disputes when they first arise, please let us
know if you have any complaints or comments.
Waiver
If you breach these conditions and we take no
action, we will still be entitled to use our rights and remedies in any other situation
where you breach these conditions.
Entire Agreement
The above Terms of
Service constitute the entire agreement of the parties and supersede any and
all preceding and contemporaneous agreements between you and www.bigcart.co.
Any waiver of any provision of the Terms of Service will be effective only if
in writing and signed by a Director of www.bigcart.co.
Changes to our terms and privacy policies
From time to time we may
make adjustments to this policy. Changes will be made at our sole discretion.
Site's users are encouraged to check this policy for such changes. Your
continued use of this site following changes to this policy constitutes your
acceptance of the changes.
Contacting us
Any questions about
these terms of service and privacy policy should be addressed to us via
our contact form.
This document has been
last modified on 3rd June 2017