TERMS AND CONDITIONS

These TERMS AND CONDITIONS (“Terms”) set out the rights and obligations of the Vendor or vendor (“You”) regarding the use of this BIGZBE (“Company”)’s Platform.

Please read these terms and conditions carefully before using Our Services

1.       Interpretation and Definition

1.1.Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

1.2.  Definitions

For these Terms and Conditions:

      Affiliate means an entity that controls is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.

Company (referred to as either "the Company," "We," "us," or "our" in this Agreement) refers to Bigzbe, of [ENTER ADDRESS].

Customer means a person who purchases products through Bigzbe’s Website.

Goods or Products refer to the items offered by the Vendor.

Orders mean a request by the Customer to purchase Goods or Services.

Products and Services refer to the items, or goods displayed by in the listing. (also referred as “goods”).

“Services” means the Services offered by us.

Vendor means a business, which offers their products or services on Bigzbe’s Website.

Visitor means the entity Saccessing the Website.

Website or Services refers to Bigzbe’s Website, accessible from www.Bigzbe.com 

You means the Vendor, which is a legal entity accessing the Company’s Services and Websites.

2.      Acknowledgment

2.1  These are the Terms and Conditions governing the use of our Services and the Agreement that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Services.

2.2  Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms and Conditions. The terms of this Agreement applies to Your access or use of our Services.

2.3  You agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, then you may not use our Services.

2.4  You represent that you are legally authorized to do business, and that you adhere to all relevant laws.

2.5  Your access to and use of the Services is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you use the Services or the Website and tells you about your privacy rights and how the law protects You. Please read our Privacy Policy carefully before using our Services.

3.      Services

3.1  Our Services

3.1.1                       Bigzbe is an online market place where you can sell your products.

3.1.2                       We may change any detail in our Platform at any time in our sole discretion.  The changes will be effective upon posting of such updates on the Website. If you do not agree to any posted changes, do not continue to use our services.

3.1.3                       You understand and agree that time is of the essence and you shall deliver all Goods and perform and complete all Services in accordance with any agreement by the parties. If it is reasonably anticipated that you may fail to deliver Goods or perform and complete all Services within the above time periods, you shall promptly notify us of any anticipated delay and forthwith take all steps necessary to expedite performance so as to prevent such failure.

3.2  Vendor’s Goods. Your goods and products are provided in a listing on our Website.

4.      Vendor’s Accounts

4.1  The first step in using our Platform is creating of a Vendor Account.

4.1.1.  To create an account with us, you must provide us with all the information that is requested.

4.1.2.  We also provide an option for account creation via third-party sign-on services like Google or Facebook.

4.1.3.  You have the right to cancel your registration at any time.

4.1.4.  In the event you represent a legal entity in the creation of an account, your actions shall be deemed to bind the entity. You shall be liable for misrepresentation if you hold out as a representative of such entity. This may lead to a termination of your account.

4.1.5.  You shall be required to provide a unique password to guarantee security for your account.

4.1.6.  You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with our Application or a Third-Party Social Media Service.

4.1.7.  You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4.1.8.  You may not use as a username the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene

4.2  When submitting registering your account, you shall provide all the required information.

You agree:

                                  i.            to provide current, complete, and accurate information about you in your profile as prompted by the Company’s online registration form (“Registration Data”)

                                ii.            to maintain and update your Registration Data as required to keep such information current, complete and accurate. 

                              iii.            You warrant that your Registration Data is and will continue to be accurate and current, and that you are authorized to provide your Registration Data.

                              iv.            You authorize the Company to verify your Registration Data at any time.

                                v.            If any Registration Data that you provide is untrue, inaccurate, not current, or incomplete, the Company retains the right, in the Company’s sole discretion, to suspend or terminate your participation in the Company’s Platform.

4.3  Chats

4.3.1.  Our Application makes it possible for you to communicate with the Customer

4.3.2.  Your communication is hereby limited only to such matters concerning the purchase of the products you listed on the Listing

4.3.3.  The Platform’s Admin may monitor and record all chat conversations between you and the Customer for quality and dispute resolution purpose.

4.3.4.  We shall treat the contents of your chats with utmost confidentiality.

4.3.5.  You are strictly prohibited from sharing personal or sensitive information with the Customers.

4.4  Notifications

4.4.1   We may communicate to you at will, through any contact details in your account.

4.4.2   You agree to receive mobile notifications from us. Standard rates will apply for such notifications.

4.4.3   You shall have an option of disabling the notifications. However, you may miss out on important information concerning your account.

4.4.4   We shall not be liable for any loss or damage you suffer because of disabling the notifications

4.5  Termination of your account

4.5.1.    Your account may be suspended by us if : (a) fraud is committed through your account, (b)there is  reasonable belief that your account poses a risk to other Platform users, (c) you violate either this Agreement or any other Agreement or policy entered between both Parties in this Agreement, and (d) you do not respond to communication from us and other users.

4.5.2.    Any usage of Your account to violate a provision of law, harass other users or third parties, sending spam to other users, or commit other illegal acts shall amount to a prohibitive use, and Your account shall be terminated forthwith.

4.5.3.    You may also terminate your account following a notice to us. It might take up to 10 business days on our side to complete the request.

5.      Listings and Products

5.1.Listings

You retain all of Your rights to any Content and/or product you submit, post, or display on or through the Service, and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Application does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

We retain all of rights to display your products on or through our Website. You agree that this license includes the right for us to make your Content available to other users of the Service.

5.2.Acceptance of, or payment for, the Goods delivered under a Purchase Order shall not constitute a waiver by Customer of any of the warranties of Vendor, either express or implied, and shall not be deemed to alter or affect the obligations of Vendor or rights of Customer under any of such warranties, either express or implied, nor shall acceptance of, or payment for, any Goods constitute a waiver of any of Customer’s rights or remedies either contained herein, or in law or at equity.

5.3.Abiding by the law

You represent and warrant that the products and services comply with all applicable “Laws” (meaning all applicable laws, regulations, legal requirements, and generally accepted industry standards), including Laws related to consumer and product safety, pricing, in connection with this Agreement.

Notably, you represent that the Goods and services (i) shall be of the kind and quality specified herein, free from fault in design, workmanship and material, (ii) shall be new and of good and merchantable quality, (iii) are suitable and fit for the purpose for which they shall be used, (iv) shall perform in accordance with the specifications and drawings, if any, provided by the Customer or otherwise referred to, or incorporated, in the Purchase Order, (v) shall not constitute an infringement or contributory infringement of any patent or any copyright or trademark, or violation of any trade secret when sold or used for their ordinary intended purpose. All Goods and services shall be free from all liens, encumbrances or other charges.

6.      Pricing, Fees, Payment and discount

6.1.Pricing

You shall set the price of all your products and services.

6.2.  Fees

Our services are currently free. Everything you earn is yours.

6.3.Payment

6.3.1.  You hereby appoint the Company as Your agent for the sole and express purpose of collecting payments from Customers.

6.3.2.  Payments shall be made in RANDS.

6.3.3.  The Company will process all of the Customers’ orders and collect all amounts due from them on Your behalf.

6.3.4.  We shall make all payments due to you less any commission for the sale of your products; penalties/ or any other amounts applicable.

6.3.5.  The Company will process all payments to the Vendor using EFT (Electronic Fund Transfer) system.

6.3.6.  We shall make the payments to you on a bi-weekly basis. Payment shall be made to the bank account designated by you, not later than 15 days after the sale of a product. We shall keep a record of all payment information and/or statement(s).

6.3.7.  For the sake of clarity, a Customer’s order is deemed complete the earlier of: (i) payment for such item, or (ii) its delivery to the Delivery Point. Not with standing the foregoing, risk of loss for all Goods shall remain with the Seller and shall transfer to Buyer only when the Goods are under the care, custody, and control of  Buyer at the Delivery Point.

6.3.8.  We take advance payments for media and software.

6.3.9.  You shall provide us your bank account details for payment purposes. You acknowledge that we shall not be liable for any failure to make payments in the event you provide us with incomplete or inaccurate bank account details.

6.3.10.                      In the event we make payments to you for products sold, which are later returned to us, we shall deduct the equivalent amount in your subsequent payments and shall return the product to you.

6.3.11.                      We shall reimburse you in the event we lose a product in transit.

6.3.12.                      In the event we owe you any sum, such sum may be used as a set off against any sum you owe us; or may be used in claims against us following your non-performance of any obligation(s) herein.

6.3.13.                      You shall bear the responsibility of settling all taxes due to you as Vendor, under applicable law. 

6.4. Discount

We provide discount services.  

7.      Order cancellation

7.1.We reserve the right to refuse or cancel an Order at any time for certain reasons including but not limited to:

·         Goods availability

·         Errors in the description or prices for Goods

·         Errors in the purchaser’s Order

7.2.We reserve the right to refuse or cancel an Order if fraud or an unauthorized or illegal transaction is suspected.

8.      Copyright Policy

8.1.Intellectual Property Infringement

8.1.1.                     We respect the intellectual property rights of others. It is Our policy to respond to any claim of the infringement of a copyright or other intellectual property infringement of any person.

8.1.2.                     If You are a copyright owner, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at and include in your notice a detailed description of the alleged infringement.

8.1.3.                     You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any content or Product is infringing your copyright.

.

9.      Intellectual Property

9.1.The Services and its original Content, features, and functionality are and will remain the exclusive property of the Company and its licensors.

9.2.The Service is protected by copyright, trademark, and other laws of both the Pakistan and South Africa.

9.3.Our trademarks may not be used in connection with any product or Service without the prior written consent of the Company.

9.4. If You wish to use copyrighted material from the service for Your purposes that go beyond fair use, You must obtain permission from the copyright owner.

10.  Insurance

10.1.                  You must get an insurance cover for your business.

10.2.                  The type of insurance, parties/ items covered, and the costs shall be at your discretion.

11.  Warranties

The vendor warrants and represents that.

11.1.             It is competent and has obtained full authority to enter this Agreement.

11.2.             The Products and their packaging will: strictly conform to the specifications, drawings, samples, performance criteria, and other descriptions referred to or provided on the Platform; be of merchantable quality and fit for their purposes; have all regulatory permits and licenses under law; and comply with all applicable marking and labeling requirements.

11.3.             None of the Products have been or will be produced or manufactured, in whole or in part, by child labor or by convict or forced labor.

11.4.             All information, including but not limited to all information furnished to us with regards to the Products is accurate and up-to-date.

11.5.             It shall not  host, display, upload, modify, publish, transmit, update or share any information which infringes any information, which violates any Intellectual Property rights.

11.6.             The vendor and its affiliates (its subcontractors, agents and suppliers) involved in producing or delivering the Products will strictly adhere to all applicable laws of Pakistan and other countries where the Products are produced or delivered, regarding the operation of their facilities and their business and labor practices, including without limitation working conditions, wages, hours and minimum ages of workers.

11.7.             Thai in its operations under this Agreement, the Vendor shall strictly comply with all applicable laws, treaties, ordinances, codes and regulations, and specifically with any import and export, and health, safety and environmental, laws, ordinances, codes and regulations of any jurisdiction (whether international, country, region, state, province, city, or local) where this agreement may be performed. Vendor shall also deliver to us a written certificate of compliance with all laws upon our request.

11.8.             It shall provide us all formal consents, waivers, approvals, authorizations, exemptions, registrations and/or licenses necessary for us to feature the Products on the Platform, at its own cost.

11.9.             We have a strict anti-money laundering policy. Vendor warrants that it is not, in any way, actively involved in money laundering or financing of terrorist or criminal activities or any other illegal activity. We reserve the right to carry out necessary money laundering, terrorism financing, fraud or any other illegal activity check before authorizing its account, payments or processing of any applicable refunds.  

11.10.         That it acknowledges that we may at any point require the Vendor to provide any financial, business or personal information for any purpose whatsoever and the Seller shall provide the same to us within seven (7) Business Days of such request being made.

12.  Disclaimer

12.1.             The information contained on the service is for general information purposes only.

12.2.             The Company assumes no responsibility for errors or omissions in the service.

12.3.             In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the service.

12.4.             The Company reserves the right to make additions, deletions, or modifications to the contents on the Website at any time without prior notice.

12.5.             The Company does not warrant that the Website is free of viruses or other harmful components.

12.6.             The information given by the Website is for general guidance on matters of interest only. Even if the Company takes every precaution to ensure that the content of the Website is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules, and regulations, there may be delays, omissions or inaccuracies in the information contained on the service. The Company is not responsible for any errors or omissions, or the results obtained from the use of this information.

12.7.             The information on the Website is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers.

12.8.             In no event shall the Company or its affiliates be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the Website.

12.9.             All information in the service is provided "as is," with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose.

12.10.         The Company will not be liable to You, or anyone else for any decision made or action taken in reliance on the information given by the Website or for any consequential, special or similar damages, even if advised of the possibility of such damages.

13.  Limitation of Liability

13.1.             NEITHER BIGZBE NOR ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, ATTORNEYS, OR AFFILIATES SHALL HAVE ANY LIABILITY FOR, AND YOU HEREBY WAIVE, RELEASE, AND AGREE NOT TO SUE ANY OF THEM UPON, ANY CLAIM FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES SUFFERED OR INCURRED BY YOU IN CONNECTION WITH, ARISING OUT OF, OR IN ANY WAY RELATED TO, THIS AGREEMENT OR YOUR USE OF ANY OF OUR SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR SERVICES, OR ANY CONTENT CONTAINED THEREIN, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM AND OUR SERVICES.

13.2.             THIS LIMITATION APPLIES TO THE EXTENT PERMITTED BY LAW

14.  Governing Law

The laws of Pakistan and South Africa, excluding their conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Services may also be subject to other local, state, national, or international laws.

15.  Dispute Resolution

If there is any dispute between the Customer and You, You grant us the right to talk on your behalf. We will work with both parties to the dispute to arrive at a settlement.

If You have any concerns or disputes about the Platform, You agree first to try to resolve the dispute informally by contacting the Company. If that fails, the dispute will be settled through binding arbitration and not in a court of law.

16.  Severability and Waiver

16.1.               Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law. The remaining provisions will continue in full force and effect.

16.2.             Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

17.  Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

18.  Changes to these Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is a material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

19.  Contact Us

If You have any questions about these Terms and Conditions, You can contact us: