Terms and Conditions for Big Business Links - RiAcube

This User Agreement applies to all countries RiAcube - Big Business Links serves.

User advisory - The RiAcube - Big Business Links payment service is regarded under Indian law. RiAcube does not require the approval of the Monetary Authority of India. Users are advised to read these terms and conditions carefully.

The RiAcube - Big Business Links Web Site (the "Site") is an online application service provided by RiAcube, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. RiAcube MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.
   
   The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are RiAcube, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to RiAcube a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to RiAcube by all means and in any media now known or hereafter developed. You also grant to RiAcube the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against RiAcube for any alleged or actual infringement or misappropriation of any proprietary right in your communications to RiAcube.
   
   TRADEMARKS.
   
   Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of RiAcube. Other product and company names mentioned in the Site may be the trademarks of their respective owners.



2. Use of the Site.
   
   You understand that, except for information, products or services clearly identified as being supplied by RiAcube, RiAcube does not operate, control or endorse any information, products or services on the Internet in any way. Except for RiAcube- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with RiAcube. You also understand that RiAcube cannot and does not guarantee or warrant that the Sites will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements.
   
   YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. RiAcube PROVIDES THE SITES AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND RiAcube SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. RiAcube DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
   
   YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. RiAcube HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
   
   LIMITATION OF LIABILITY
   
   IN NO EVENT WILL RiAcube BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF RiAcube OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, RiAcube LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. RiAcube makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-RiAcube web site, please understand that it is independent from RiAcube, and that RiAcube has no control over the content on that web site. In addition, a link to a RiAcube web site does not mean that RiAcube endorses or accepts any responsibility for the content, or the use, of such web site.



3. Indemnification.
   
   You agree to indemnify, defend and hold harmless RiAcube, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.



4. Third Party Rights.
   
   The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of RiAcube and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.



5. Term; Termination.
   
   This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.



6. Miscellaneous.
   
   This Agreement shall all be governed and construed in accordance with the laws of India applicable to agreements made and to be performed in India. You agree that any legal action or proceeding between RiAcube and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in India. Any cause of action or claim you may have with respect to the Service must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action is barred. RiAcube's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. RiAcube may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.

• post content or items in an inappropriate category or areas on our sites and services;
• violate any laws, third party rights, or our policies and terms & conditions;
• use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites;
• fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after your order, a clear typographical error is made, or you cannot authenticate the seller's identity;
• fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
• manipulate the price of any item or interfere with other user's listings;
• circumvent or manipulate our fee structure, the billing process, or fees owed to RiAcube;
• post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
• take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to RiAcube);
• transfer your RiAcube account (including feedback) and User ID to another party without our consent;
• distribute or post spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm RiAcube, or the interests or property of RiAcube users;
• copy, modify, or distribute content from the Sites and RiAcube's copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent.

• Pornographic, Erotic & Adult Content (including but not limited to: pictures, videos, DVDs, magazines, toys, etc.)
• Adult subscription services or chatting services.
• Firearms, Ammunition, High Capacity Magazines, Tasers, Stun Guns, Air Guns, Weapons.
• Religious items and products (E.g, Religious books, art, crafts, sculptures jewelry etc)
• Products or images showcasing nudity.
• Products or images containing profanity.
• Posts That Promote Hatred, Racism or Religious Persecution
• Tobacco Products, Smoking Mixtures or Tobacco Substitutes
• Human Body Parts, Fluids, and Remains
• Animals or Animal parts.
• Products related to or containing Pigs & Cows or Pig & Cow parts (e.g. Pork & Cow meat, Pork & Cow ears, Pork & Cow feet and other pork & Cow related items)
• IPR Infringing, Replica, and Name Brand "Knock Off" Products.
• Requests for Donations
• Prescription Drugs or Devices, Controlled Substances, Unapproved Drugs, Unapproved Medical Devices.
• Illegal Drugs and Drug Paraphernalia.
• Hazardous Materials, Combustibles, Corrosives.
• Spyware, Spamware, E-Mail Advertising, Opt-In or Any Commercial Messaging Services.
• Gambling and Gambling related products.
• Lottery, Raffle, Contests related
• Financial Services or Advice, Securities Trading, Insurance, Currency Exchange, Trading Signals and Precious Metals.
• Any Service or Product Requiring a License to Practice, e.g. Legal, Medical or Therapy Services
• Counterfeit Currency and Stamps
• Contracts And Tickets
• Event ticket resale policy
• Job Postings
• Real Estate
• Veterinary products and drugs for animals
• Mailing lists and personal information
• Credit Card, Credit Repair Services, Applications for Financial Services or Loans, Collection Services
• Psychic Readings
• Degrees or Diplomas or Certificates
• Government and Transit Documents
• Government and Transit Uniforms
• Government IDs and Licenses

Additionally, you agree that you will not:
• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of RiAcube and the appropriate third party, as applicable;
• interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or
• bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of INDIA as they apply to agreements entered into and to be performed entirely within INDIA between Indian residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against RiAcube must be resolved by the court located in Chandigarh, India, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Chandigarh, India for the purpose of litigating all such claims or disputes.

Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $ 1000 USD , the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims - All claims you bring against RiAcube must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, RiAcube may recover attorneys' fees and costs up to $ 1000 USD, provided that RiAcube has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

term; Free Limit - all the company account holders (sellers), are free to upload their products under relevant categories, sell their products to direct customers or to the users of Big Business Links or transfer their products to their dealer via billing system or to franchisee outlet via challan system, within the free limit; i.e. free product uploading is limited to maximum 10 (Ten) products and free dealer/outlet account creation is limited to 1 (One) dealer/outlet. All the dealers and franchise outlets working under a company are free to use the services provided under their respective panels. There is no limit for number of bills and challans from company’s admin panel, as-well-as company’s dealers and franchise outlets can consume unlimited number of bills from their respective panels, we don’t charge for bills or challans consumptions.

term; Up-Gradation Fees - company account holders can extend their product limit and dealer/outlet limit as per their requirement. A very nominal Up-Gradation Fees will be charged and the chart wil be displayed after completing the Free Limits or the Limit Previously Up-Graded with. All the up-gradation fees will be charged every year and are non-refundable.

term; Transaction Fees - for secure payment transaction and safe product delivery to Big Business Links users, we provide PayPal payment gateway. All the online payments through our sites will be made to our PayPal account only. RiAcube charges a nominal transaction fees of 2% on every payment transaction by the buyer in RiAcube’s PayPal account. No transactions will be accepted in the form of check or demand draft. To know more about transactions between user-RiAcube-company read the Payments and Shopping section below.

Shopping System - If an item sells through our shopping cart, the buy pays only to RiAcube through secured payment gateway of PayPal. The buyer can buy multiple products of different sellers under single shopping cart. The amount paid by the buyer will not be transferred to the seller(s) immediately. The seller(s) will get notification for their sold products in their respective panels only. After the approval of the received payment by RiAcube, the sellers and view, print and dispatch the order to the respective buyer. Once the buyer sanction the product receipt by clicking on OK button on each and every product under his/her panel. Clicking on OK button permits RiAcube to release the payments to the respective sellers, further this action proves that the buyer has received the product in its healthy condition. Although RiAcube has no control over and do not guarantee the condition, quality, safety or legality of the product. This responsibility lies on seller of the product.

Product Dispatch - After the approval of the received payment by RiAcube, the seller should dispatch the order(s) within 7 days of time period from the date of approval, failing which RiAcube may impose penalty of 30% of the order amount or $100 which ever is higher, to the seller. If we impose said penalty to the seller, the buyer will get 50% amount of the penalty amount credited into his/her PayPal account within 30 days of the product receipt date. The process of imposing penalty depends upon the mutual consents of the buyer and the seller. The seller should submit the dispatch details like name of courier service provider, receipt number and the tentative date of delivery, in order messaging service within the seller’s panel.

Product Receipt - After the product receipt, the buyer should login into his/her account and click on OK button within 7 days of product receipt, failing which the seller may submit a request to release payments at our support center at support@riacube.com, with the order details and a scanned copy of receipt from the courier service provider. For the verification purposes RiAcube may ask for the original receipt from the seller, which has to sent by post or courier at the address mentioned below in the General section. RiAcube may contact the buyer by phone or mail to verify and also may ask for the reason of not submitting the confirmation of product receipt.

Payment Release - RiAcube reserves the right to release payment(s) to the seller after clearing all steps and disputes between the buyer and the seller. RiAcube will process all the settled deals of the week on every Monday of the next week and release the payment to the seller within 7 working days of the process day. If the processing day Monday is a Holiday in Chandigarh (India), the process will start on next working day.

For Example: All the settled deals from 1st December (Monday) till 7th December (Sunday), processed on 8th December (Monday) and the amount will be released to the seller within 7 working days.

All the payments will be transfer to the seller on their respective PayPal account only. In case the seller lies within the jurisdiction of India and submits a request to release the payment in INR with all the required details, we may send the payments in shape of demand draft or check or wire transfer to the seller after getting the payments from our PayPal account, which may take more than 10 working days. All the payments will be transfer after the PayPal deduction. The Payment Deductions section below carries important information about deductions.

Payment Deductions - PayPal charges certain fees on every transaction. To read about the PayPal Fee click on this link: https://www.paypal.com/in/cgi-bin/webscr?cmd=_display-fees-outside, or copy-paste the same into your browser window. RiAcube release the payment to the seller after deducting PayPal charges and nominal transaction fees of 2% on every payment transaction amount by the buyer in RiAcube’s PayPal account.

For Example: if a buyer transfers $ 1000 into RiAcube’s PayPal account, after deducting PayPal charges i.e. 3.4% + $ 0.30 USD, equals to $ 965.7, RiAcube will deduct 2% of the transaction amount, equals to $20. The remaining amount $ 945.7 will be released to the seller.