This document is an electronic contract recognised under the provisions of the Information Technology Act of 2000 read along with its Rules, and outlines the terms on which a user may access and use the BIGPHI marketplace, accessible through its associated web application (“turmswear.com”).
BIGPHI is owner of turmswear.com under the provisions of the Information Technology Act, 2000 and accordingly, BIGPHI does own all of the products or services sold on the turmswear.com.
Use of the turmswear.com is restricted to persons who are competent to contract under the Indian Contract Act, 1872. Thus, inter alia minors (persons under the age of eighteen (18)) are not permitted to register an account and use the turmswear.com to transact with Sellers, unless such use and all transactions are made by parents or guardians of the said minor. BIGPHI reserves the right to remove all minor users from the turmswear.com and delete such accounts upon receiving notice of such usage.
By using the turmswear.com or by sending communication to BIGPHI, you consent to receiving responses and other periodic communication from BIGPHI through e-mails or other forms of electronic communication, including voice calls.
- All commercial terms pertaining to the sale, including the price, shipping costs, payment methods, payment terms, date and mode of delivery, warranties related to products and services, post-sale services, are offered by and agreed to between Buyers and BIGPHI alone.
- BIGPHI makes no representation or Warranty as to specifics (such as quality, value, salability etc.) of the products or services proposed offered for sale on the turmswear.com. Further, BIGPHI does not make any representation or warranty as to the characteristics (such as legal title, creditworthiness, identity etc.) of any of its users.
- BIGPHI is not responsible for any action of a third party in relation to a transaction on the turmswear.com.
- BIGPHI is not responsible for any amount paid directly to a third party by a Buyer, in contravention of the systems and processes placed on the turmswear.com.
The following rights shall be retained by BIGPHI with regard to the usage of the turmswear.com by all customers:
- the right to stop (permanently or temporarily) providing the turmswear.com (or any features within) for use to you or to users generally at BIGPHI's sole discretion;
- the right to disable access to a customer’s account or login route, wherein customers may be prevented from accessing the offerings, their account details or any files or other content which is contained in their account;
- the right to facilitate a transaction at its own discretion, based on but not limited to factors such as purchase history, customer behavior, Buyer location etc.
- the right to modify the features of the turmswear.com at any time, which may result in a limitation of usage of the offerings or the discontinuation altogether,
Users of the turmswear.com may not display, upload, modify, publish, transmit or share any information that:
- belongs to a third party, who has not licensed such usage of the information;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other files programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
Users of the turmswear.com may not attempt to:
- access (or attempt to access) any of the offering by any means other than through the interface that is provided by BIGPHI, unless you have been specifically allowed to do so in a separate agreement with BIGPHI. Users specifically agree not to access (or attempt to access) any of the offering through any automated means (including through the use of scripts or web crawlers);
- not engage in any activity that interferes with or disrupts the offering (or the servers and networks which are connected to the offering)
- not reproduce, duplicate, copy, sell, trade or resell the offering for any purpose;
- You are responsible to BIGPHI and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the turmswear.com. You will be solely responsible for all activities that occur under your account.
- While BIGPHI will take due care to ensure the confidentiality of your credentials, you agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into BIGPHI database, BIGPHI shall not be made liable for any resulting damages.
- If you become aware of any unauthorized use of your password or of your account, you are required to notify the concerned official at BIGPHI immediately, as disclosed below.
- All the materials, products and services on the turmswear.com are available to users on an "as is" and "as available" basis, without any representation or warranties, express or implied.
- BIGPHI further expressly disclaims all warranties and conditions of any kind with regard to the turmswear.com and the products sold therein, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
- BIGPHI does not represent or warrant to You that: (a) Your use of the offering will meet Your requirements, (b) Your use of the offering will be uninterrupted, timely, secure or free from error, including specifically from server downtime, (c) any information obtained by You as a result of Your use of the offering will be accurate or reliable.
- No advice or information, whether oral or written, obtained by you from BIGPHI or through or from the turmswear.com shall create any warranty not expressly stated in these terms.
- All content presented to users on the turmswear.com, including but not limited to advertisements and promotional material of BIGPHI or other companies on the turmswear.com, is protected by intellectual property rights which are owned by BIGPHI or the sponsors or advertisers who provide that content. You may not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on this content (either in whole or in part) without express written consent from the owner of such intellectual property.
- Users are solely responsible (and BIGPHI has no responsibility to either the User or any third party) for all liabilities and consequences arising from any content that they create, transmit or display while using the turmswear.com.
- Using the turmswear.com might expose Users to Content that is offensive, indecent or objectionable and that, in this respect, and all Users agree that BIGPHI shall not be made responsible in any manner for any repugnant content circulated on the turmswear.com by other users. Further, on noticing any such content, it is the duty of Users to bring it to the attention of BIGPHI officials immediately, who will take due care to delete it from the offering in accordance with applicable law.
- Using the turmswear.com may expose Users to hyperlinks to other web sites or content or resources from third parties, over which or whom BIGPHI may have no control. You acknowledge and agree that BIGPHI is not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
- BIGPHI owns all legal right, title, interest and intellectual property in the turmswear.com, (irrespective of whether those rights are registered or not, and wherever in the world those rights may exist).
- Unless BIGPHI has otherwise agreed in writing, nothing in the terms gives any User the right to use any of BIGPHI's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features in any manner.
- You expressly understand and agree that in no event shall BIGPHI be liable to You for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by You, however caused and under any theory of liability, and this shall include without limitation, any loss of profit, any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or offering, or other intangible loss.
- Further, You expressly agree that BIGPHI shall not be liable for any loss or damage arising out of:
- the use or the inability to use the Services or Products;
- unauthorized access to or alteration of a User's transmissions or data;
- the deletion, corruption or loss of any Content on the turmswear.com, whether or not created by You;
- Your failure to keep Your account information, such as login and password, secure and confidential;
- any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the BIGPHI.
- Further, the User understands and agrees that any material and/or data downloaded from the turmswear.com is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. BIGPHI shall not be liable for any dispute or disagreement between Users.
- BIGPHI may terminate Your use of the turmswear.com at any time if:
- When these terms come to an end, all of the legal rights, obligations and liabilities that you and BIGPHI are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation. All Users shall be liable for payment with regard to any services or products purchased prior to the time of such termination.
- These terms and all disputes arising out of or in connection with these terms shall be governed by the laws of India, and the courts and tribunals of Bangalore, Karnataka shall have exclusive jurisdiction over all matters arising thereof, subject to the arbitration provision below.
- You and BIGPHI agree that any dispute will be referred to arbitration, under the Arbitration and Conciliation Act, 1996, with the arbitration to be held in Bangalore in English, Karnataka and the arbitral panel consisting of three arbitrators, one arbitrator being chosen by each party and a third being jointly appointed by the two arbitrators so chosen.
In accordance with the Information Technology Act, 2000 and the rules made there under, the name and contact details of the Grievance Officer for the turmswear.com are provided below:
- These terms, along with the BIGPHI Policies, constitute the legal agreement between You and BIGPHI and govern Your use of the turmswear.com.
- You agree that if BIGPHI does not exercise or enforce any legal right or remedy which is contained in the terms (or which BIGPHI has the benefit of under any applicable law), this will not be taken to be a formal waiver of BIGPHI's rights and that those rights or remedies will still be available to BIGPHI.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable.
In case you wish to contact BIGPHI for any reason whatsoever, including to review all personal information provided to us by and during Your use of the turmswear.com, please send an email to: firstname.lastname@example.org with all necessary details of your query.