Terms of Use

Updated: 10 May 2020

BIGGMALL (“BIGGMALL”, “WE” or US”) provides Web site features to User subject to the following Terms of Use (the “Agreement”).

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTANS IMPORTANT INFORMATION REGARDING USER LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. USER SHOULD REVIEW THIS AGREEMENT, AS MODIFIED OR AMENDED FROM TIME TO TIME, AS IT IS A BINDING CONTRACT BETWEEN BIGGMALL AND USER ("YOU").

This Agreement applies to Sites owned or operated by BIGGMALL including www.biggmall.co, partner site www.biggmall.world and others. (individually and collectively the "Site").

By using the Site, User agree that User have read, understand, and consent to the following Terms of Use, Privacy Policy and any additional terms that may apply in their entirety, including any updates that may be posted on the Site from time to time. The Privacy Policy are incorporated by reference in this Terms of Use. As a User, if you do not agree to these agreements, guidelines and policies, User are not authorized to access or use the Site, in which case User should immediately exit and not use the Site. BIGGMALL makes the Site available to User conditioned upon User acceptance of all terms contained in BIGGMALL. BIGGMALL reserves the right to revise these Terms of Use, at its sole and absolute discretion, by updating this posting. If we make any material changes to the Terms of Use, we will send Users an e-mail notifying them of the material change and/or post a notice on the Site for at least ten (10) days indicating such changes. The revised terms will take effect the date they are posted on the Site. User continued use of the Site shall be deemed to be User acceptance of the modified terms. User are encouraged to check back from time to time to see if there have been any changes to the terms and provisions contained in this Agreement. This Agreement applies to all Users of the Site, including visitors, registered users, E-Franchisee and persons posting information or contents on the Site.

Terms and Definitions

The following terms are used throughout the Terms of Use and Privacy Policy, may be interpreted only according to the definitions given here. These terms are capitalized throughout these documents to indicate that they have been specifically defined.

User: Anyone who is a normal person, complies with BIGGMALL's User obligations set forth in Section 4 below and sets up a User account with BIGGMALL. Visitors who used the Site without becoming a register User are subject to these Terms of Use.

E-Franchisee: Must also register an account as a User and qualified E-Franchisee who have registered in our partner site www.biggmall.world with the E-License code is qualified to receive a personal E-Franchise store link.

Partner Site: www.biggmall.world, an online membership program fully operated and marketed by Bigg Data Consultancy Limited Hong Kong. Refer partner site Terms and Conditions.

Sellers/Merchants: Sellers/Merchants are businesses with products or services, endorsed and approved by BIGGMALL to participate in the BIGGMALL program by compensating BIGGMALL on a transactional basis. Refer Seller Policy.

Products and Services: This refers collectively to one or all of the products and services provided by Sellers, includes BIGGMALL in-house products and services.

E-Points: E-Points are credits made to registered Users’ accounts via package purchases at www.biggmall.world and a E-License code is created for User registration at www.biggmall.co. E-Points are only used to offset the retail price of products or services and packages and are Non-exchangeable for cash.

Moneyback: Moneyback is a Program that Reward Users with Bigg Mall Point (BMP) when Users purchase products or services in BIGGMALL.

Bigg Mall Point (BMP): BMP are commission payable to E-Franchisee and BMP can be used to purchase products at BIGGMALL. Commission in BMP can be converted to cash payment at the request of E-franchisee.

Promotions: Promotional coupons, deals, discounts, special offers, promotional codes, or sales offered by BIGGMALL and Promotion E-Points (PEP) may be subject to additional Terms of Use and may be reversed from a User’s account at BIGGMALL’s sole discretion if the User does not complete a Qualified Purchase within a designated period of time, not to be shorter than 60 days.

Dormant Account: A User's account that has not been credited with a valid Qualified Purchase during any rolling twelve consecutive calendar month period.

1.    Explanation of Site and Eligibility to Use Site.

The Site is a place where User can spend, share to earn Moneyback and E-Franchisee can spend, sell, share to earn Moneyback plus Commission at BIGGMALL exclusive brands and connect experiences and recommendations reviews with others. User are also provided with the ability at User discretion to share User reviews. In return for our display of User review, User agree to grant the license contained in section 4.b. below. BIGGMALL reserves the right in its sole discretion to modify, suspend, add to, remove or discontinue all or any portion of the features offered on the Site without any liability or obligation to User, E-Franchisee or to third parties. User must be above 18 years to use the Site and by using the Site, User represent that You comply with this age requirement.

2.    Registration; Account Security

After User register on the Site, User will be allowed to provide information about User and reviews and recommendations to others. During the process of registering, User will be asked to provide information about User. The information User provide must be accurate and User agree that User will keep it current at all times. User are solely responsible for maintaining the security of User account. A password will be provided for User use and protection. User agree to safeguard User password and any user name User have selected for User account. Further User agree that User will not share username or password or let anyone else access User account. If User believe that the security of username, password or account has been compromised, please inform us immediately

3.    Posting content on the Site

We allow Users to post comments and reviews in certain areas of our Site. Any content posted on our Site, including any files attached to posts, expresses only the views of the author of the message and does not necessarily reflect the views of BIGGMALL or any person or entity associated with it. You agree that neither BIGGMALL, nor any person or entity associated with it, will be held responsible for the contents, accuracy, completeness or validity of any information posted on our Site. You agree that you will not use our Site to post any material, links to any material or files that are or contain material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy or otherwise violate any applicable law, rules, regulations or BIGGMALL policies.

We reserve the right in our absolute discretion to terminate the accounts of Users who infringe copyright or any other intellectual property right or otherwise violate these Terms of Use. You agree that:

(a) you will not post or otherwise transmit any material that is copyrighted or subject to a third party's intellectual property rights without the express permission of the holder of such rights, unless such rights are owned by you;

(b) you will not collect or store personal data about other Users;

(c) you will not use the Site for any commercial purpose not expressly approved by BIGGMALL in writing;

(d) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; and

(e) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

You hereby grant BIGGMALL a perpetual, world-wide, royalty-free license to distribute, copy, adapt, reproduce, transmit, create derivative works and otherwise use content and information you post on the Site for any purpose and in any media now known or hereinafter developed. You expressly agree that BIGGMALL is free to use any ideas, concepts, know-how, or techniques contained in any posting or communication you send to us without compensation and for any purpose whatsoever, including but not limited to developing, manufacturing and marketing Site and services using such information. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. BIGGMALL may cancel your account and delete any content or other information associated with your account at any time, and without notice, if BIGGMALL deems that you have violated these Terms of Use, the law, or for any other reason. BIGGMALL assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a User account.

You agree that we may, but are not required to, moderate or review any content posted by you to the Site, and may edit or remove such content if we believe it violates the Privacy Policy, these Terms of Use, or is otherwise inappropriate or objectionable. You also acknowledge that any information that you post to our Site may be viewable by other Users and Users, as well as visitors to our Site. We are not responsible for the privacy of any information that you choose to post to our Site or for the accuracy of any information contained in those postings. Any information that you disclose becomes public information.

You further agree to indemnify and hold BIGGMALL, directors, partners, merchants, subsidiaries, officers, employees, and Site contractors harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms of Use or any violations thereof by your dependents, or which arises from the use of content that you submitted, posted, or otherwise provided to BIGGMALL.

4.    User using the site

When User use the Site, User will be allowed to shop with BIGGMALL and with other Partner Merchants, through links that take User directly to the Partner Merchant's Site. In addition, User should be advised that other terms apply to User shopping experience.

a. Return Policies

BIGGMALL general return policy

Each merchant selling product(s) on BIGGMALL will have its own unique return policy. Service packages provided and sold on BIGGMALL are Non-Refundable. Before User place an order on BIGGMALL, please read the Seller's return policy.

Products sold on BIGGMALL

All packages must be opened and inspected upon receipt. Any damage to the product(s) must be reported to BIGGMALL as soon as possible. Most items purchased from BIGGMALL may be returned for a full refund, less shipping charges, within 30 calendar days of the date they were shipped to User. Food, custom ordered items and E-Points used cannot be returned for a refund for any reason.

If User want to return an item to BIGGMALL, please contact our refunds department for a Request Return Number (RRN) prior to returning User item. User can contact us by e-mail at [email protected] Any items User try to return to us without a valid RRN will be shipped back to User at User cost and expense.

In order to receive a refund on an item:

·         The item must be unopened, and in new and resalable condition;

·         The item must have all original packaging, parts and accessories;

·         If an item was in a plastic bag or shrink wrap when sent to User, in must be unopened and still in the plastic bag or shrink wrap;

·         The item must not be a food or custom product.

·         If User used E-Points to pay for all or part of an order, the E-Points are Non-Refundable. Any remaining balance will be refunded to the wallet, credit or debit card User used for the original purchase.

·         We are not responsible for items lost or damaged during return shipping. If User are concerned about items being lost or damaged during shipping, please ensure User package for the value of the items being returned.

·         User are responsible for the cost of return shipping and insurance.

·         While we make every effort to ensure the accuracy of each order, occasionally there may be a discrepancy in User order. Please take a minute to inspect User order thoroughly when User receive it. If an error is found please contact us at [email protected].

b. Credit Card Processing

BIGGMALL facilitates the processing of User purchases. We process payment transactions for User orders, and pass some information about User, such as User order details and shipping information, to the BIGGMALL Merchants responsible for fulfilling User order. User authorize BIGGMALL to process payment transactions on User behalf and to pass User order details and shipping or other information to the BIGGMALL Merchants responsible for fulfilling User orders. User also authorize BIGGMALL to make adjustments or reversals to User payment method (credit card, debit card or other means of payment) in connection with returns, cancellations, reversals, refunds or other adjustments.

c. Although subject to change, User purchases payments made via PayPal will be sent by PayPal to the email address associated with your BIGGMALL account within 7 days of the date on which Payments are processed by BIGGMALL. A User must already have or create a PayPal account to receive refund payments via PayPal. If PayPal account information is inaccurate, or no PayPal account is created within 30 days of the date on which refund payments are processed by BIGGMALL, the refund payment may not be available to the User. BIGGMALL is not responsible if refund payments made to your PayPal account are stolen. For assistance with your PayPal account, or for complete Terms of Use linked to your PayPal account, see www.paypal.com/us/selfhelp/home .

d. All refund payments issued by BIGGMALL are final.

You are responsible for adding BIGGMALL to your email service provider's safe sender list. BIGGMALL is not responsible for a User's failure to receive an email from BIGGMALL, or for User’s failure to receive refund payment due to failure to receive emails.

e. Partner Merchants.

User will find merchants browsing on the Site and linking off to the Partner Merchant site to shop and complete User transactions. Once User link off to the Partner Merchant site, BIGGMALL does not have any control over or responsibility for the experience on the Partner Merchant site.

f. Limitations on Liability.

User agree that BIGGMALL is not responsible or liable for

(i) the availability or accuracy of the resources of third-party Partner Merchant sites or resources; or

(ii) the contents, advertising or products or services on or available from such sites or resources. User use the links at User own risk. Our Terms of Use and Privacy Policy only apply when User are on the Site. Once User link to another Site, User should read and understand that Site's terms of use and privacy statement before shopping or disclosing any personal information.

g. Product Information.

Product information and prices are provided by merchants and/or third-party sources. At BIGGMALL we do everything we can to ensure the accuracy of the product information or prices displayed, but occasionally, errors occur. Please notify us of any information or pricing inaccuracies so that we may immediately notify the merchants to correct the problem. We apologize for any inconvenience this may cause.

5.    E-Points, Moneyback and Commission on BIGGMALL

a. E-Points are created for E-Franchisee from package purchased at partners site www.biggmall.world and a E-License for each package is needed to activate your account at www.biggmall.co. E-Points are utilised at www.biggmall.co to offset a set percentage from products and services at the checkout counter and can be converted to BMP commission.

b. Moneyback 2% or greater from retail price are rebate in BMP for User when User purchase products or services from BIGGMALL. Moneyback is calculated on the total amount of the qualifying purchase, excluding any and all fees, taxes, shipping costs, and after application of any E-Points or codes.

c. Additionally, E-Franchisee can receive commission from total personal store link purchases subject to additional terms disclosed on BIGGMALL partner site. Net purchases are defined as the total amount paid for the product or services, minus E-Points, tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees (except where indicated otherwise). BIGGMALL reserves the right, in its sole discretion, to determine which products or services will include commission.

d. Merchant Stores are responsible for reporting qualifying purchases (and related returns, refunds and/or coupon use) to us. Merchant Stores may not report User purchase to BIGGMALL if they determine that User purchase did not qualify for Moneyback because User did not comply with this Agreement or additional terms disclosed on the Merchant Store's site, or if the Merchant Store determines that User were not referred to the Merchant Store by BIGGMALL. We may also disqualify reported purchases based on our own determination that User have not complied with this Agreement or the terms disclosed on the Merchant Store's site.

e. Qualifying purchases from Merchant Stores will stay in pending status until cleared by the Merchant Store, to account for returns, refunds, fraud, and other processing issues. After this point, if the purchase is eligible, it will be marked as "available" in User account and the associated rewards will be eligible for redemption. It is User responsibility to ensure that we properly post Moneyback rewards to User account.

f. BIGGMALL is not responsible for changes to, or discontinuance or withdrawal of, any Merchant Store's participation in the Moneyback Program, or for any effect on accrual of Moneyback rewards caused by such changes, discontinuance, or withdrawal. If a Merchant Store fails to report a transaction to BIGGMALL, or withholds payment to BIGGMALL for any reason, BIGGMALL reserves the right to cancel the award associated with that transaction. Moneyback rewards awarded to Users are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to User account at any time by BIGGMALL in its sole discretion. Should User disagree with any adjustments made to User account, User sole remedy is to withdraw from the Moneyback Program.

g. User will not earn Moneyback on purchases where (a) User browser is not configured to accept cookies; (b) User are not logged in on BIGGMALL; (c) the order is later cancelled or the goods or services are later returned; (d) the Merchant Store does not report the purchase to us; or (e) User conduct "sham" transactions or otherwise collude with merchants, make any misrepresentation in connection with User participation in Moneyback, maintain multiple accounts, or do not otherwise comply with these Terms.

h. Moneyback rewards have no monetary value until the associated purchases are approved and User make a proper redemption request. User may be taxed on User accrual of Moneyback rewards, depending on the amount of Moneyback rewards User accrue and the tax laws of federal, state, and local jurisdictions. In all instances, User will be solely responsible for any and all tax liability arising out of User accrual or redemption of Moneyback rewards.

i. If User account is inactive (dormant account), meaning User have not personally made a qualifying purchase during the past twelve (12) months, or if the Moneyback program has ended, we will charge User account an inactivity fee of up to Three (3) BMP per month, to recover the cost of maintaining User account, until User reactivate User account by personally making a qualifying purchase or until the balance of User account becomes zero. If the balance in User inactive account is or becomes zero, we may close the account permanently and cease to maintain User account records and program access. The inactivity fee will not cause User account balance to become negative and will not cause User to owe us money. Qualifying purchases made by friends User referred to the Moneyback Program do not constitute qualifying purchases for the purpose of keeping User account active. We will not provide further notice before charging the inactivity fee.

j. BIGGMALL reserves the right to terminate the Moneyback program at any time with notice. Notification of termination will be sent to the email address User provide to BIGGMALL during the User registration process.

k. All E-Points redemption's are final.

6.    Electronic communications

We may communicate with User regarding the services we provide by electronic communications, including sending electronic mail to the email address User provided during registration; posting notices or communications on the Site and communicating with User via authorized third parties (such as Facebook). User agree that we may communicate with User by means of electronic communications regarding these Terms of Use, notice or disclosures regarding the Site, payment authorizations, and any other matter relating to User use of the Site.

7.    Termination and Effect of Termination

User agree that BIGGMALL may at any time without notice or cause refuse service, terminate any rights granted herein, terminate accounts and/or cancel orders or portions thereof in its sole discretion, including, without limitation, if BIGGMALL determines that any User conduct violates applicable law or is harmful to the interests of BIGGMALL or the Site. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for User in our records. User will still be liable for any breaches of this Agreement and/or obligations incurred before the Agreement ends. If User continue to use the site after termination of the Agreement User continued use will constitute User agreement to the term of use then posted on the Site. The provisions entitled "Limitation of Liability", "Indemnity", "Disclaimer of Warranties" and the Privacy Policy will survive termination of this Agreement.

8.    Indemnity

As a condition of User access to and use of the Site, User agree to hold the Site and BIGGMALL, and its subsidiaries, affiliates, partners, and parent companies, and all other corporations into which it merges or to whom it is otherwise acquired or sold, in whole or in part, its officers, directors, employees, agents, attorneys, partners, E-Franchisee and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) User access to and use of the Site and the contents therein; (ii) User violation of this Agreement (including terms incorporated into them, e.g., the Privacy Policy and any Additional Terms), and any applicable law or the rights of another person or party; (iii) any dispute User have or claim to have with one or more Users of the Site; (iv) BIGGMALL's resolution (if any) of any dispute User have or claim to have with one or more Users of the Site; (v) User improper authorization for BIGGMALL to collect, use or disclose any data or Review provided by User; and (vi) any disclosures made with User permission (including, without limitation, User consent that BIGGMALL disclose User personal information and other information collected as set forth in our Privacy Policy). Furthermore, User fully understand and agree that: (a) BIGGMALL will have the right but not the obligation to resolve disputes between Users relating to the Site and BIGGMALL's resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) BIGGMALL's resolution of a dispute will be final with respect to the Site.

9.    DISCLAIMER OF WARRANTIES.

USE OF THE SITE IS AT USER OWN RISK. THE BIGGMALL SITE, FEATURES, PRODUCTS, SERVICES, CONTENTS AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED TO USER ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW BIGGMALL DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEMS INTEGRATION.

10.  LIMITATION OF LIABILITY.

THE BIGGMALL SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. TO THE EXTENT ALLOWED BY LAW, BIGGMALL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USER USE OF THE BIGGMALL SITE , INABILITY TO USE THE SITE, ANY APPLICATIONS, FEATURES, REVIEW OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE SITE, EVEN IF BIGGMALL OR A BIGGMALL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES. TO THE EXTENT ALLOWED BY LAW, THE TOTAL LIABILITY OF BIGGMALL TO USER FOR ANY DAMAGES (REGARDLESS OF REASON THEREFORE) WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY ACTUALLY PAID BY USER DURING THE SIX (6) WEEKS IMMEDIATELY BEFORE THE ACT GIVING RISE TO THE ALLEGED RESPONSIBILITY OF BIGGMALL OR MYR500, WHICHEVER IS GREATER.

11.  Applicable law

Any dispute that may arise between User and BIGGMALL including, without limitation, claims for enforcement, breach or violation of duties or rights under these Terms shall be governed by and adjudicated under the laws of the Hong Kong, without regard to conflict of laws principles. User hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Hong Kong. in all disputes arising out of or relating to the use of the Site.

12. Force Majeure

If BIGGMALL is unable to perform the Services outlined in the Terms of Use due to factors beyond its control including but not limited to an event of Force Majeure, change of law or change in sanctions policy, BIGGMALL will not have any responsibility to the User with respect to the Services provided hereunder and for a time period coincident with the event.

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