Terms and Conditions for Big Business Links
This User Agreement applies to all countries Big Business Links serves.
User advisory - The Big Business Links payment service is regarded under Indian law. Big Business Links does not require the approval of the Monetary Authority of India. Users are advised to read these terms and conditions carefully.
The Big Business Links Web Site (the "Site") is an online application service provided by Big Business Links, 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. Big Business Links 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.
- 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 Big Business Links, 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 Big Business Links 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 Big Business Links by all means and in any media now known or hereafter developed. You also grant to Big Business Links 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 Big Business Links for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Big Business Links.
TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Big Business Links. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
- Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by Big Business Links, Big Business Links does not operate, control or endorse any information, products or services on the Internet in any way. Except for Big Business Links- 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 Big Business Links. You also understand that Big Business Links 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. Big Business Links 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 Big Business Links 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. Big Business Links 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. Big Business Links HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Big Business Links 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 Big Business Links 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, Big Business Links LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Big Business Links 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-Big Business Links web site, please understand that it is independent from Big Business Links, and that Big Business Links has no control over the content on that web site. In addition, a link to a Big Business Links web site does not mean that Big Business Links endorses or accepts any responsibility for the content, or the use, of such web site.
- Indemnification.
You agree to indemnify, defend and hold harmless Big Business Links, 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.
- Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Big Business Links 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.
- 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.
- 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 Big Business Links 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. Big Business Links'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. Big Business Links 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.
Disputes between you and Big Business Links regarding our Services may be reported to Customer Support online through the Big Business Links Support Center at any time, or by calling +91-172-507-8584 from 10 AM to 5 PM IST.
While using Big Business Links, you will not:
- 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 Big Business Links;
- 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 Big Business Links);
- transfer your Big Business Links 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 Big Business Links, or the interests or property of Big Business Links users;
- copy, modify, or distribute content from the Sites and Big Business Links's copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent.
Abusing Big Business Links
Big Business Links and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Big Business Links's Verified Owner (RVO) program works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify Big Business Links Support team at support@BigBizLinks.com and we will investigate.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Fees and Services
Joining Big Business Links as user or creating your company account, surfing on listed items, uploading your products, creating a dealer or franchise outlet, making challans to franchise outlets or bills to dealers or direct customers, generating sale reports and using other services are free but subject to our term; Free Limit. We do charge fees for using our services subject to our term; Fees Schedule. When you list a product or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our term; Fees Schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fifteen days notice by posting the changes on the Big Business Links site. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal or Big Business Links account balance.)
Content
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications, which are provided by third-parties. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date. If we choose your listings to include in catalog content, you will be responsible for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold our catalog providers responsible for inaccuracies in their catalogs. The catalogs may include copyrighted, trademarked or other proprietary materials. You may use the catalogs only for informational purposes and only in connection with your listings on Big Business Links sites. You may not use catalog content in a way that infringes or violates anyone’s proprietary rights.
Product Posting Policy for Big Business Links
Big Business Links does not permit the trading of products that are illegal, infringe upon the intellectual property rights of others, or may easily be used for illegal purposes.
As a member of Big Business Links websites, you are ultimately responsible for ensuring that the products you have posted are permissible. Therefore before posting any product, you should ensure that your product does not fall within the Big Business Links ‘Banned Products’ list given below.
Big Business Links reserves the right to remove any products that violate the ‘Product Posting Policy’ from its website without informing the member. Big Business Links also reserves the right to disable the accounts of any members who continue to violate the ‘Product Posting Policy’ after having been warned.
The following is a list of products/product types that are banned on Big Business Links:
- 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
Liability
You will not hold Big Business Links responsible for other users' content, actions or inactions, or items they list. You acknowledge that we are not a traditional seller. Instead, the sites are a venue to allow anyone to display products, sell, and buy just about anything, at anytime, from anywhere, on the listed pricing formats and venues. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of any Country, under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with governing provisions of their respective Countries. Further, we cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $ 50 USD.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Access and Interference
The sites contains robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Big Business Links by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.
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 Big Business Links 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.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Big Business Links Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on server computers that are protected by physical as well as technological security devices. You can access and modify the information you provide us by signing-in to your account. We may use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Big Business Links Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served to admin@BigBizLinks.com (in the case of Big Business Links) or to the email address you provide to Big Business Links during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
If a dispute arises between you and Big Business Links, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Big Business Links agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly at support@BigBizLinks.com to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
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 Big Business Links 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 Big Business Links 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, Big Business Links may recover attorneys' fees and costs up to $ 1000 USD, provided that Big Business Links has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Fees Schedule
When you create a user account or company account on Big Business Links, we don’t charge any fees. When you upload new products or create new dealer or franchise outlet under your company admin panel and you need to extend you products limit and dealer/outlet limit beyond your free limit (described in term; Free Limit), we charge nominal up-gradation fees (described in term; Up-Gradation Fees). If the companies get orders through Big Business Links - Estimate Cart system, we will not chagre any fees. Buyers and Sellers are advised to read these terms carefully.
term; Free Limit - all the account holders 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 20 (Twenty) products and free dealer/outlet account creation is limited to 2 (Two) 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 - account holders can extend their product limit and dealer/outlet limit as per their requirement. A very nominal Up-Gradation Fees of USD 132.00 will be charged, the Payment Process is displayed on the Dashboard of Admin Panel and also 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 & non-transferable.
General
Big Business Links is located at Chandigarh (UT), INDIA. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Big Business Links Message Center. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
You may report complaints to our Support team by contacting them in writing at support@BigBizLinks.com or by telephone in our legal cell in India at (91) 991-574-2555.
© Big Business Links