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UNIVERSAL TERMS OF SERVICE AGREEMENT

PLEASE READ THESE UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.


OVERVIEW


This Universal Terms of Service Agreement (this "Agreement") is entered into by and between bigassert.com, an online platform from the house of Brillbean Ventures Pvt. Ltd, a private limited company (hence forth referred as "bigassert.com") and you, and is made effective as of the date of your use of this website ("Site") or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this site (individually and collectively, the "Services" or "Subscriptions"), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.


Whether you are simply browsing or using this Site or purchasing Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies, which are incorporated herein by reference:

The terms "we", "us" or "our" shall refer to bigassert.com. The terms "you", "your", "User", "subscriber", "subscribers" or "customer" shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits..

bigassert.com may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition bigassert.com may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account ("Account") information current. bigassert.com assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.


SERVICE


Bigassert.com primarily sells its services under two channels, each of these are explained here in detail.

Assert Box

Assert Box refer to pre configured virtual appliances / machines which run host of open source & proprietory solutions. These solutions /applications are for use by client to run, manage & administer their environment. These appliances could either be deployed by client on premise in their own data center or on cloud. The due diligence & compatibility check for deployment is necessary before commission. More information on what is offered is listed on assert box section on this website.

Assert Amp

Assert Amp is a collection of service suites sold to clients as service modules to help augment value a client derives out of Assert Box deployment. These suites are sold under different denominations as subscriptions or one time as shown on specified section on this website.

All software & services installed on virtual appliances offered under Assert Box are either open source or those developed by bigassert.com team for client use. bigassert.com grants license for opensource applications as is as per details of licenses placed at the root of virtual appliances deployed by the clients. However the license for propitiatory applications are granted subject continued payment of charges as per specific plan purchased by the client.

It needs to be understood that since virtual appliances shall be deployed under complete client control with root access, bigassert.com shall not be liable for any changes made to the virtual appliance or applications post its deployment which may impact performance or continuity of operations at client site. Responsibility of bigassert.com shall be restrictive to the level of providing the client with possible remedies and recovery measures to undo the loss done. Only if client is under an ongoing support plan for the same. It is thus highly recommended that client or its representatives make no changes to running appliances without prior technical support from bigassert.com

You hereby agree and acknowledge that we at bigassert.com try our level best to keep the solutions we provide free from errors and any kind of bugs; however warranties to the same cannot be given since code improvisation is an ongoing process that we undertake at our development centers and scope of errors always exist. It is thus hereby assumed that you agree to use these pacakages as is with all errors; bigassert.com however ensures that all solution prior to being released in production are aggressively tested for errors and bugs and works consistently to improve any problems that might exist in projects in production by way of bug fixes and updates.


SERVICE CONSTRAINTS


You agree the performance of your applications may begin to slow depending on potential physical and practical constraints relating to virtual appliances on which your run them, including (but not limited to): system architecture, system capacity, system load, end - user internet connectivity and end-user computer configuration. However you can consider increasing compute resource with your cloud service provider or on own if deployed locally to see if problem is fixed. You agree bigassert.com has no control over potential physical and practical constraints, however if covered under an active support plan, an audit can be conducted to find the real cause of such an issue on behalf of the client.


Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide access to your customer account online on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, natural disasters or other failures. You acknowledge and agree that we have no control over the availability of your hosted account on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard there to.


TERMINATION OF SERVICES


bigassert.com reserves full right to terminate or discontinue any account without assigning any reason thereof or reduce the services being rendered under the packaged solution, in such a case if you intend to discontinue the service you may do so by dropping an email at;terminations@bigassert.com. Also note that our liability shall in no case exceed the refund of balance amount remaining relating to the last paid subscription periodicity as per our records.


RESPONSIBILITY OF CONTENT


You shall be solely responsible for providing, updating, uploading and maintaining your content and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website/store, blog, email or any other relevant user interface, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product.


You will not use your hosted account & services therein in a manner (as determined by bigassert.com in its sole and absolute discretion) that:

Is illegal, or promotes or encourages illegal activity;

Violates copyrights, patents or licenses owned by any other person or entity;

Promotes, encourages or engages in pornography or the exploitation of any human being;

Promotes, encourages or engages in child pornography or the exploitation of children;

Promotes, encourages or engages in terrorism, violence against people, animals, or property;

Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;

Violates human rights in any manner;

Violates any pharmacy Consumer Protection law under involved geographical legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;

Infringes on the intellectual property rights of another User or any other person or entity;

Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;

Interferes with the operation of this Site or the Services found at this Site;

Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or

Contains false or deceptive language, or unsubstantiated or comparative claims, regarding bigassert.com or its Services.


ELIGIBILITY; AUTHORITY


This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are  (i) at least eighteen  (18) years of age,  (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and  (iii) are not a person barred from purchasing or receiving the Services found under the laws of applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" , "subscriber", subscribers" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, bigassert.com finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. bigassert.com shall not be liable for any loss or damage resulting from bigassert.com reliance on any instruction, notice, document or communication reasonably believed by bigassert.com to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, bigassert.com reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.


ACCOUNTS; TRANSFER OF DATA ABROAD


Accounts. In order to purchase a subscription or services with us, you will have to create an Account. You represent and warrant to bigassert.com that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If bigassert.com has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, bigassert.com reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your login, password, Payment Method(s) (as defined below), etc. For security purposes, bigassert.com recommends that you change your password at least once every six (6) months for each Account. You must notify bigassert.com immediately of any breach of security or unauthorized use of your Account. bigassert.com will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss bigassert.com or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

Transfer of Data Abroad If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.


AVAILABILITY OF WEBSITE/SERVICES


Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide access to this Site / Client Projects and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard there to.


PAID SUPPORT SERVICES & IMAGE BUILDING SERVICES



bigassert.com offers bundled as well as paid support services & image building services to help you setup, manage and administer your subscription; these paid support services broadly include one-time setups, on call assistance, management assistance, marketing support etc.

You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide such services with bigassert.com. You acknowledge and agree that the Services may be provided by independent contractors or third party service providers. All such paid support & image building services are non-refundable.


GENERAL RULES OF CONDUCT


You acknowledge and agree that:

Your use of this site, services and subscriptions, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.


You will not use this Site or the Services in a manner (as determined by bigassert.com in its sole and absolute discretion) that:


Is illegal, or promotes or encourages illegal activity;

Violates copyrights, patents or licenses owned by any other person or entity;

Promotes, encourages or engages in pornography or the exploitation of any human being;

Promotes, encourages or engages in child pornography or the exploitation of children;

Promotes, encourages or engages in terrorism, violence against people, animals, or property;

Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;

Violates human rights in any manner;

Violates any pharmacy Consumer Protection law under involved geographical legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;

Infringes on the intellectual property rights of another User or any other person or entity;

Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;

Interferes with the operation of this Site or the Services found at this Site;

Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or

Contains false or deceptive language, or unsubstantiated or comparative claims, regarding bigassert.com or its Services.

You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by bigassert.com. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.

You will not access bigassert.com Content (as defined below) or User Content through any technology or means other than through this Site itself, or as bigassert.com may designate.

You agree to back-up all of your User Content so that you can access and use it when needed. bigassert.com does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

You will not re-sell or provide the Services for a commercial purpose, including any of bigassert.com related technologies, without its express prior written consent. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.

You are aware that bigassert.com may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow bigassert.com, in its sole discretion, to record the entirety of such calls regardless of whether bigassert.com asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which bigassert.com is a party.

bigassert.com reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.


YOUR USE OF OUR CONTENT AND USER CONTENT


In addition to the general rules above, the provisions in this Section apply specifically to your use of bigassert.com Content and User Content posted to bigassert.com corporate websites (i.e., those sites which bigassert.com directly controls or maintains) or account information of users holding an account on bigassert.com website. The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted subscription accounts.

OUR CONTENT

Except for User Content, the content on this Site and the Services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("bigassert.com Content"), are owned by or licensed to bigassert.com in perpetuity, and are subjected to copyright, trademark, and/or patent protection in the India and foreign countries, and other intellectual property rights under india and foreign laws.bigassert.com Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent ofbigassert.com. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. bigassert.com reserves all rights not expressly granted in and to the bigassert.com Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.

USER CONTENT

Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice ("User Submissions"), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, "User Content"). User Content includes all content submitted through your Account. By posting or publishing User Content to this Site or to the Services, you represent and warrant to bigassert.com that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.

SECURITY

You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any bigassert.com Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the bigassert.com Content or the User Content therein.


USE OF USER CONTENT BY US


The provisions in this Section apply specifically to our use of User Content posted to bigassert.com corporate websites (i.e., those sites which bigassert.com directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

Generally, you shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.


With Respect to User Submissions, You acknowledge and agree that:

Your User Submissions are entirely voluntary.

Your User Submissions do not establish a confidential relationship or obligate us to treat your User Submissions as confidential or secret.

bigassert.com has no obligation, either express or implied, to use (in any form) any User Submissions, however no compensation is due to you or to anyone else for any intentional or unintentional use of User Submissions.

bigassert.com may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken/will take some other action.

bigassert.com shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

With Respect to User Content (Other Than User Submissions):

If you have your content hosted by bigassert.COM under your subscription account, you shall retain all of your ownership or licensed rights in User Content.

By posting or publishing User Content to this Site or through the Services, you authorize us to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant us a worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services, affiliates & businesses, including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate "private" or "password protected") through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that bigassert.com may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Not with standing anything to the contrary contained herein, bigassert.com shall not use any User Content that has been designated "private" or "password protected" by you for the purpose of promoting this Site or its affiliates or associated businesses.

ON-SITE WALLET CREDITS


In the event you are provided with an on-site wallet ("Credit") with the purchase of another product ("Purchased Product"), you acknowledge and agree that such Credit is only available with a valid purchase and may be terminated in the event the product purchases is deleted, cancelled or not renewed. You acknowledge and agree that we may swap your Credit for a similar amount, in our sole discretion.


MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY


bigassert.com generally does not pre-screen User Content (posted from your hosted account for display on your website, store, email, blog or other publically accessible interfaces). However, bigassert.com reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. bigassert.com may remove any item of User Content (posted from your hosted account for display on your website, store, email, blog or other publically accessible interfaces) and/or terminate a User's access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by bigassert.com in its sole and absolute discretion), at any time and without prior notice.bigassert.com may also terminate a User's access to this Site or the Services found at this Site if bigassert.com has reason to believe the User is a repeat offender. If bigassert.com terminates your access to this Site or the Services found at this Site, bigassert.com may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.


ADDITIONAL RESERVATION OF RIGHTS


bigassert.com expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services for any reason (as determined by bigassert.com in its sole and absolute discretion), including but not limited to the following:  (i) to correct mistakes made by bigassert.com in offering or delivering any Services,  (ii) to assist with our fraud and abuse detection and prevention efforts,  (iii) to comply with court orders against you and/or your domain name, website, store, email or blog and applicable local, state, national and international laws, rules and regulations,  (iv) to comply with requests of law enforcement, including subpoena requests,  (v) to comply with any dispute resolution process,  (vi) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or  (vii) to avoid any civil or criminal liability on the part of bigassert.com, its officers, directors, employees and agents, as well as its affiliates, including, but not limited to, instances where you have sued or threatened to sue bigassert.com.

bigassert.com expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.bigassert.com expressly reserves the right to terminate, without notice to you, any and all Services where, in its sole discretion, you are harassing or threatening bigassert.com and/or any of its officers, directors, employees, agents, affiliates or clients.


NO SPAM; LIQUIDATED DAMAGES


NO SPAM


We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers / mail servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.


We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:

Email Messages

Newsgroup postings

Windows system messages

Pop-up messages (aka "adware" or "spyware" messages)

Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)

Online chat room advertisements

Guestbook or Website Forum postings

Facsimile Solicitations

Text/SMS Messages

We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have "opted-in" to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.

If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any account, email boxes or other applicable services for a period of no less than two (2) days. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. We will require a non-refundable reactivation fee to be paid before the account, e-mail boxes and/or services are reactivated. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the account/e-mail boxes associated with the domain name in question permanently.

Any complaints relating to spam may be sent to  spamabuse@bigassert.com


TRADEMARK AND/OR COPYRIGHT CLAIMS


bigassert.com supports the protection of intellectual property. If you would like to submit  (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or  (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to bigassert.com Trademark and/or Copyright Infringement Policy referenced above and available.


LINKS TO THIRD-PARTY WEBSITES


This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by bigassert.com. bigassert.com assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, bigassert.com does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release bigassert.com from any and all liability arising from your use of any third-party website. Accordingly, bigassert.com encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.


DISCLAIMER OF REPRESENTATIONS AND WARRANTIES


You specifically acknowledge and agree that your use of this site and the services found at this shall be at your own risk and that this site and the services found at this site are provided "AS IS", "AS AVAILABLE" and "WITH ALL FAULTS". bigassert.com, its Officers, Directors, Employees, Agents and All Third Party Service providers disclaim.

All warranties, Statutory, Express or implied, including, but not limited to, any implied warranties of title, Merchantability, Fitness for a particular purpose and non-infringement. bigassert.com, its officers, Directors, Employees and Agents make no representations or warranties about  (i) The Accuracy, completeness or content of this site  (ii) The accuracy, completeness or content of any sites linked (Through Hyperlinks, Banner Advertising or Otherwise) to this site, and/or  (iii) The services found at thissite or any sites linked (Through Hyperlinks, Banner Advertising or Otherwise) to this site and bigassert.com assumes no liability or responsibility for the same.

In Addition, you specifically acknowledge and agree that no oral or written information or advice provided by bigassert.com, Its officers, Directors, employees or agents (including without limitation its customer service representatives) and third party service providers will  (i) Constitute legal or financial advice or  (ii) create a warranty of any kind with respect to this site or the service found at the site and users should not rely on any such information or advice.

The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by Law and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.


LIMITATION OF LIABILITY


In no event shall bigassert.com, its officers, directors, employees, agents and all third party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, including any that may result from  (i) The accuracy, completeness or content of this site  (ii) The accuracy, completeness or content of sites linked (through hyperlinks, banner advertising or otherwise) to this site  (iii) The service found at this site or any sites linked (through hyperlinks, banner advertising or otherwise)to this site ,  (iv)Personal injury or property damage of any nature whatsoever  (v) Third party conduct of any nature whatsoever  (vi) Any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein  (vii) Any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise)to this site  (viii) Any viruses, worms, bugs, trojan horses or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site.  (ix) Any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, Pornographic. "x-rated", obscene or otherwise objectionable, and/or  (x) Any loss or damage of any kind incurred as a result of your use of this site or this services found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory and whether or not bigassert.com is advised of the possibility of such damages.

In addition, you specifically acknowledge and agree that any cause of action arising out of or related to this site or the services found at this site must me commenced within one(1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

In addition, use specifically acknowledge and agree that in no event shall are total aggregate liability exceed the total amount paid by you as last subscription for the particular services that are the subject of the cause of action.

The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.


INDEMNITY


You agree to protect, defend, indemnify and hold harmless bigassert.com and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys' fees) imposed upon or incurred by bigassert.com directly or indirectly arising from  (i) your use of and access to this Site or the Services found at this Site;  (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or  (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.


FEES AND PAYMENTS


You acknowledge and agree that your Payment Method may be charged by us or one of our affiliated entities. By accepting this agreement you agree to the same.


(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS


You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted in the Refund Policy section below, even if your Services are suspended, terminated prior to the end of the Services term. Bazekit.com expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.

Except as prohibited in any product-specific agreement, you may pay for Services by utilizing any of the following "Payment Methods":  (i) by providing a valid credit card/ debit card,  (ii) by using an on-site wallet(defined below); from your personal or business checking account, as appropriate (and as defined below); each a "Payment Method". Except as prohibited in any product-specific agreement, you may pay for Services by utilizing any of the following "Payment Methods": (i) by providing a valid credit card/ debit card, (ii) by using an on-site wallet(defined below); from your personal or business checking account, as appropriate (and as defined below); each a "Payment Method".

You acknowledge and agree that where refunds are issued to your Payment Method, bigassert.com issuance of a refund receipt is only confirmation that bigassert.com has submitted your refund to the Payment Method charged at the time of the original sale, and that bigassert.com has absolutely no control over when the refund will be applied towards your Payment Method's available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.

In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then bigassert.com, in its sole and absolute discretion, reserves the right to issue the refund either  (i) in the form of an on-site wallet credit; or  (ii) via issuance of a cheque, which will be sent to the mailing address on file for your Account. For the avoidance of doubt, any and all refunds processed via the issuance of either on-site wallet credits or a bigassert.com cheque are solely within our discretion and are not available at customer request.

If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services.

If for any reason bigassert.com is unable to charge your Payment Method for the full amount owed for the Services provided, or if bigassert.com receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that bigassert.com may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of account hosted at bigassert.com. bigassert.com also reserves the right to charge you reasonable "administrative fees" or "processing fees" for  (i) tasks bigassert.com may perform outside the normal scope of its Services,  (ii) additional time and/or costs bigassert.com may incur in providing its Services, and/or  (iii) your noncompliance with this Agreement (as determined by bigassert.com in its sole and absolute discretion).

bigassert.com may offer product-level pricing in various currencies; however, transaction processing is supported only in a select number of the currency options displayed on this Site ("Supported Currency", "Base Supported Currency" or "Supported Currencies"). If the currency selected is a Supported Currency, then the transaction will be processed in the Supported Currency and the pricing displayed during the checkout process will be the actual amount processed and submitted to your bank for payment. If the currency selected is not a Supported Currency, then the transaction will be processed in base supported currency ("Base Supported Currency"). In either case (whether the currency selected is a Supported Currency or not), if the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate conversion fees by your bank. In addition, due to time differences between  (i) the time you complete the checkout process,  (ii) the time the transaction is processed, and  (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and bigassert.com makes no representations or warranties that  (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods and Services Tax ("GST"), service tax, or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.


REFUND POLICY:


You may request a full refund for annual plans within forty five (45) days of purchase and within 48 hours of purchase for monthly plans (each "Refund Period"). For refunds requested after the Refund Period, an on-site wallet credit will be issued for any unused time remaining on your plan. Unused time will be calculated as the number of months remaining on the purchase term excluding the month in which the refund is requested.

In no event will you be eligible for more than one refund of the same product.


(B) ON-SITE WALLET SERVICES


SERVICE DETAILS


By using on-site wallet, you may transfer funds to bigassert.com in order to fund your on-site wallet account ("on-site wallet"). You may then use your on-site wallet to purchase any Services or subscriptions. You may fund your on-site wallet account by providing (i) a valid credit/debit card (ii) a paper check (from your personal or business checking account, as appropriate), (iii) a money order, All payments must be for the full amount required at purchase.

You acknowledge that funds transferred to your on-site wallet will be held by bigassert.com and will not accrue or pay interest for your benefit. To the extent any interest may accrue, you understand and agree that bigassert.com shall be entitled to receive and keep any such amounts to cover costs associated with on-site wallet Services.

All paper checks and money orders (used to fund your on-site wallet) may be delayed up to ten (10) business days until the money is credited, which may delay your use of the Services, and any paper check or money order that does not clear will result in an adequate processing fee bybigassert.com, which may be debited from your on-site wallet.

You can verify the remaining funds in your on-site wallet at any time by logging into "Your Account" on the bigassert.com website. Should you decide to terminate your on-site wallet account (or should bigassert.com opt to terminate your on-site wallet account), then the balance in your on-site wallet will be refunded, net the Service Fee. In order to withdraw amount in your on-site wallet you need to drop an email to onsitewalletrefunds@bigassert.com.


YOUR USE OF ON-SITE WALLET SERVICES


Use of funds in your on-site wallet account can only be made through the bigassert.com purchase process at bigassert.com website. Purchases may not be made unless there are sufficient, available funds in your on-site wallet account at the time of purchase to cover the entire purchase amount, including any related fees as set forth herein or in other relevant agreements.

You will be able to access your on-site wallet activity and records from the "Your Account" link on bigassert.com website. bigassert.com reserves the right at all times to disclose any information about your on-site wallet account as bigassert.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part from your on-site wallet Account, in the sole and absolute discretion of bigassert.com.


SUCCESSORS AND ASSIGNS


This Agreement shall be binding upon and inure to the benefit of the parties here to and their respective heirs, successors and assigns.


NO THIRD-PARTY BENEFICIARIES


Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.


EXPORT LAWS


This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the India, Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is in violation of any Indian. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all Indian Export Laws. If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with Indian Export Laws. If such laws conflict with Indian Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.


COMPLIANCE WITH LOCAL LAWS


bigassert.com makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.


TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY


The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.


CONTACT INFORMATION


If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

Brillbean Venture Pvt Ltd.
Level LG 02 and 03,Wing B, Art Guild House,
Phoenix Market City LBS Marg,Kurla(W), Mumbai, Mumbai City
Maharashtra, India-400070.
Email: info@brillbean.com
Contact Number:022-62432144/62432190

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