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Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
1.Application and Acceptance of the Terms
1.2 You may not access or use the Services or the Sites and may not accept the Terms if (a) you are not of legal age to form a binding contract with BigBayBuy Limited, or (b) you are not permitted to receive any Services under the laws of New Zealand or other countries / regions including the country / region in which you are resident or from which you access and use the Services and the Sites.
1.3 BigBayBuy Limited may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. By continuing to access or use the Services or the Sites, you agree that the amended and restated Terms will apply to you.
1.4 If BigBayBuy Limited has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your access to and use of the Services or the Sites.
1.5 You may be required to enter into separate agreement(s), whether online or offline, with BigBayBuy Limited or our affiliate for any Service (or features within the Services) (each an "Additional Agreement"). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service (or feature within the Service) concerned.
1.6 The Terms may not otherwise be modified except in writing by an authorized officer of BigBayBuy Limited.
2. Provision of Services
2.1 If you are a registered member of any of the Sites, and either (a) you are from a place inside New Zealand, or (b) outside New Zealand, or (b) you access and use the Fragrance5ml Site from any of the Relevant Jurisdictions, you are contracting with BigBayBuy Limited (incorporated in New Zealand with NZBN 9429048471695). As some or part of the Services may be supported and provided by affiliates of BigBayBuy Limited, BigBayBuy Limited may delegate some of the Services to its affiliates.
2.2 You must register as a member on the Sites in order to access and use some Services. Further, BigBayBuy Limited reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to Users, or subject to other conditions that BigBayBuy Limited may impose in our discretion.
2.3 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Product/s or Service or feature or function thereof or the same type and extent of the Product/s or Service or features and functions thereof will be available for Users. BigBayBuy Limited may in our sole discretion limit, deny or create different levels of access to and use of any Services (or any features within the Services) with respect to different Users.
2.4 BigBayBuy Limited may launch, change, upgrade, impose conditions to, suspend, or stop any Product/s or Services (or any features within the Services) without prior notice.
2.5 Some Services (or part thereof) may be provided by BigBayBuy Limited's affiliates on behalf of BigBayBuy Limited.
3. Users Generally
3.1 As a condition of your access to and use of the Product/s or Sites or Services, you agree that you will comply with all applicable laws and regulations when accessing or using the Product/s or Sites or Services.
3.2 You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Product/s or Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Sites (the "Site Content"), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with BigBayBuy Limited, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from BigBayBuy Limited is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the Terms is prohibited.
3.4 BigBayBuy Limited uses and may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such web sites' terms and conditions and/or privacy policies before using the Sites. You acknowledge that BigBayBuy Limited has no control over such third parties' web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on or through such web sites.
3.5 You agree not to undertake any action which may undermine the integrity of BigBayBuy Limited's feedback system, such as leaving or copying feedback for product/s or Services which you did not bought from www.BigBayBuy.com or used on Sites.
4. Member Accounts
4.1 User must be registered on the Sites to access or use some Services (a registered User is also referred to as a "Member" below). Except with BigBayBuy Limited's approval, one User may only register one member account on the Sites. BigBayBuy Limited may cancel or terminate a User's member account if BigBayBuy Limited has reasons to suspect that the User has concurrently registered or is in control of two or more member accounts. Further, BigBayBuy Limited may reject User's application for registration for any reason.
4.2 Upon registration on the Sites, a password shall be chosen by a registered User during registration.
4.3 Each Member shall be solely responsible for maintaining the confidentiality and security of your password and for all use of and activities that occur under your account (whether such use or activities are authorized or not). No Member may share, assign, or permit the use of your Member account, ID or password by another person, even to other individuals within the Member's own business entity (where applicable). Member agrees to notify BigBayBuy Limited immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
4.4 Member agrees that all use of the Sites or Services, and all activities that occur under your account will be deemed to have been authorized by the Member.
4.5 Member acknowledges that sharing of your account with other persons, may cause irreparable harm to BigBayBuy Limited or other Users of the Sites. Member shall indemnify BigBayBuy Limited, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member's failure to maintain the security of your account, BigBayBuy Limited shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member's account without liability to the Member.
5. Member's Responsibilities
5.1 Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) your access and use the product/s or Sites and Services will be for personal use only.
5.2 Member may be required to provide information or material to confirm your identity or business. Each Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Sites or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete where applicable.
5.4 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall: (a) be true, accurate, complete and lawful; (b) not be false, misleading or deceptive; (c) not contain information that is defamatory, libellous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors; (d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (e) not violate the Product Listing Policy, other Terms or any applicable Additional Agreements (f) not violate any applicable laws and regulations or promote any activities which may violate any applicable laws and regulations; (g) not contain any link directly or indirectly to any other web Sites or to any other web Sites which includes any content that may violate the Terms.
5.5 Each Member further represents, warrants and agrees that you shall/are: (a) carry on your activities on the Sites in compliance with any applicable laws and regulations; (b) not use the Services or Sites with intention to defraud BigBayBuy Limited or any person or entity (including use of stolen credit/debit cards); (c) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity; (d) not engage in spamming or phishing; (e) not involve attempts to copy, reproduce, exploit or expropriate BigBayBuy Limited's various proprietary directories, databases and listings; (f) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; (g) not involve any scheme to undermine the integrity of the data, systems or networks used by BigBayBuy Limited and/or any user of the Sites or gain unauthorized access to such data, systems or networks; (h) not engage in any activities that would otherwise create any liability for BigBayBuy Limited or our affiliates.
5.6 Member may not use the Sites, Services or member account to engage in activities which are identical or similar to BigBayBuy Limited's e-commerce marketplace business.
5.10 Member acknowledges and agrees that BigBayBuy Limited reserves the right to, but shall not be required to actively monitor or exercise any editorial control whatsoever over the content of any message or material or information (including User Content). BigBayBuy Limited does not endorse, verify or otherwise certify the contents of any comments or other material or information (including User Content) created, submitted, posted, displayed or otherwise made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
5.12Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all access and use of the Produt/s or Site or Services are in compliance with the same.
6. Breaches by Members
6.1 BigBayBuy Limited reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Sites which we reasonably believe is unlawful, violates the Terms, could subject BigBayBuy Limited or our affiliates to liability, or is otherwise found inappropriate in BigBayBuy Limited's sole discretion.
6.2 If any Member breaches any Terms, or if BigBayBuy Limited has reasonable grounds to believe that a Member is in breach of any Terms, BigBayBuy Limited shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the Member's account and any and all accounts determined to be related to such account by BigBayBuy Limited in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any comment or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of reward points or comment or User Content that the Member may earn or post or display; (iv) imposing other restrictions on the Member's use of any features or functions of any Service as BigBayBuy Limited may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as BigBayBuy Limited may deem necessary or appropriate in its sole discretion.
6.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances: (a) BigBayBuy Limited has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction, (c) BigBayBuy Limited has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or (d) BigBayBuy Limited believes that the Member's actions may cause financial loss or legal liability to BigBayBuy Limited or our affiliates or any other Users.
6.4 BigBayBuy Limited reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, BigBayBuy Limited may disclose the Member's identity, contact information and/or information regarding the Member's account(s), transactions or activities carried out on or via the Site, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action. BigBayBuy Limited shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against BigBayBuy Limited for such disclosure.
6.6 Each Member agrees to indemnify BigBayBuy Limited, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your access to or use of the Sites or Services, or from your breach of the Terms or any Additional Agreements.
6.7 Each Member further agrees that BigBayBuy Limited is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted through the Sites or Services, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material rests entirely with the Member. BigBayBuy Limited reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with BigBayBuy Limited in asserting any available defences.
7. Transactions, Payments and Purchases
7.1 Through the Sites, Shopify provides electronic web-based platforms for exchanging information. Shopify additionally provides electronic web-based transaction and payment platforms for users to place orders and BigBayBuy Limited to accept, conclude, manage and fulfil orders for the provision of products and services online within the Sites subject to the terms of the Shopify's Terms and Agreement. BigBayBuy Limited does not control and is not liable or responsible for the quality, safety, lawfulness of transactions or availability of the products or services offered for sale on the Sites, BigBayBuy Limited do not manufacture or produce any of these products.
7.2 Buyer/s or User/s are hereby made aware that there may be risks of buying product/s under false presentation or impression. BigBayBuy Limited uses several suppliers or manufacturers to provide details on product/s or product/s itself. The accuracy of certain information provided on Sites is not the responsibility of the BigBayBuy Limited and solely resides with the supplier or manufacturer directly. We encourage you to use various means, as well as common sense, to evaluate the product/s or service/s.
7.3 Buyer/s or User/s accessing or using the Site or Services shall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the products or services purchase or use or abuse. Examples of such risks shall include, but are not limited to, mis-representation of products and services, unsatisfactory product quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment or refund, cost mis-calculations, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites or may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defence or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defence or indemnification in relation to the assertion of rights, demands or claims by claimants of Third Party Rights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or other third parties that they have suffered injuries or harm from their use of the products obtained through the Sites or Services. All of the foregoing risks are referred to as "Transaction Risks". BigBayBuy Limited is not liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
7.4 In the event that any User has a dispute related to a transaction or payment, such User agrees to release and indemnify BigBayBuy Limited (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.
8. Limitation of Liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY BIGBAYBUY LIMITED ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS", AND BIGBAYBUY LIMITED HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED, AND IT SOLELY RESIDES WITH THE SUPPLIER OR THE MANUFACTURER OR THE PRODUCT/S.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIGBAYBUY LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; BIGBAYBUY LIMITED DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND BIGBAYBUY LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES, AND IT SOLELY RESIDES WITH THE SUPPLIER OR THE MANUFACTURER OR THE PRODUCT/S.
8.3 BigBayBuy Limited is wholly independent and separate from the designer or the designer's manufacturers. BigBayBuy Limited rebottles and repackages authentic perfumes. The perfume's manufacturer is not associated and/or affiliated with BigBayBuy Limited. BigBayBuy Limited has sole responsibility for it's actions.
8.4 Any material downloaded or otherwise obtained through the Sites or Services is done at each User's sole discretion and risk and each User is solely responsible for any damage to its own or to BigBayBuy Limited's computer system(s) or any loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from BigBayBuy Limited or through or from the Sites shall create any warranty not expressly stated herein.
8.5 The Sites may make available to User services or products provided and/or manufacture by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall BigBayBuy Limited or our affiliates be held liable for any such services or products.
8.6 Each User hereby agrees to indemnify and save BigBayBuy Limited, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's access to or use of the Sites or Services (including but not limited to the display of such User's information on the Sites) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save BigBayBuy Limited, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to BigBayBuy Limited, including but not limited to those set forth in clause 5 hereunder.
8.7 Each User hereby further agrees to indemnify and save BigBayBuy Limited, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Sites. Each User hereby further agrees that BigBayBuy Limited is not responsible and shall have no liability to you, for any material or comment posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. BigBayBuy Limited reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with BigBayBuy Limited in asserting any available defences.
8.8 BigBayBuy Limited shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information, physical damage, bodily harm, psychological harm), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following: (a) the use or the inability to use the Product/s or Sites or Services; (b) any defect in goods, samples, data, information or services purchased or obtained by a User or any other third party through the Sites or Services; (c) violation of Third Party Rights or claims or demands that manufacture, importation, exportation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites or through the Services may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants; (d) unauthorized access by third parties to data or private information of any User; (e) statements or conduct of any User of the Sites or Services; or; (f) any matters relating to the Product/s or Sites or Services, however arising, including negligence.
8.9 Notwithstanding any of the foregoing provisions, the aggregate liability of BigBayBuy Limited, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the access to or use of the Sites or Services during any calendar year shall be limited to the greater of (a) the amount of fees or payment the User has paid to BigBayBuy Limited in exchange for the access to or use of the product/s or Site or Services during the calendar year and (b) the maximum amount permitted under the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Sites or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under the applicable law governing the Terms.
8.10 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not BigBayBuy Limited has been advised of or should have been aware of the possibility of any such losses arising.
9. Force Majeure
9.1 Under no circumstances shall BigBayBuy Limited be held liable for any delay or failure or disruption of the content or the product/s or Services accessed or delivered through the Sites or the creation or fulfilment of contracts resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic.
10. Intellectual Property Rights
10.1 BigBayBuy Limited is the sole owner or lawful licensee of all the rights and interests in the Sites and the Site Content. The Sites and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain with BigBayBuy Limited, our affiliates or licensors, as the case may be. All rights not otherwise claimed under the Terms or by BigBayBuy Limited are hereby reserved.
10.2 "BIGBAYBUY", "BIGBAYBUY LIMITED", any combination of words "BIG","BAY"and"BUY" and related icons and logos are registered trademarks or trademarks or service marks of BigBayBuy Limited, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
10.3 BigBayBuy Limited may have independent third parties involved in the provision of the Sites or Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
11. General Provisions
11.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and BigBayBuy Limited with respect to and govern your use of the Sites and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
11.2 BigBayBuy Limited is independent company, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by BigBayBuy Limited.
11.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
11.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause.
11.5 BigBayBuy Limited's failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of BigBayBuy Limited's right to act with respect to subsequent or similar breaches.
11.6 BigBayBuy Limited shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of BigBayBuy Limited). You may not assign, in whole or part, the Terms to any person or entity.
11.7 THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE NEW ZEALAND, IF YOU CONTRACT WITH BIGBAYBUY LIMITED ACCORDING TO PARAGRAPH 2.1, AND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF NEW ZEALAND, EXCEPT AS OTHERWISE STIPULATED UNDER APPLICABLE LAW.
11.8 If you have any comments on the Services we provide to you, you may contact our customer service on email@example.com with any such feedback or questions.