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TERMS AND CONDITIONS

TERMS OF USE

These Terms and Conditions is effective upon your subscription and governs the relationship between you and BigStack Apparel Private Limited (hereinafter "Company") including the sale and supply of any Products on the site. If these Terms and Conditions conflicts with any other document, the Terms and Conditions will prevail for the purposes of usage of this Website. If you do not agree to be bound by this Terms and Conditions and the Privacy Policy, you may not use the Website in any way. By accessing or using www.thebigstack.com or the mobile application or any other media ("Website"), whether automated or otherwise, you shall become a registered or guest user in terms of the eligibility criteria set out herein you (“User”) agree to be bound by these terms and conditions (“Terms and Conditions ”). Your use of the Website and services and tools are governed by the following Terms and Conditions including the applicable policies which are incorporated herein by way of reference. By mere use of the Website, You shall be contracting with the Company and these Terms and Conditions including the policies constitute your binding obligations, with the Company.

Introduction to www.thebigstack.com

www.thebigstack.com is operated under license, by Bigstack, Bigstack is duly incorporated under the Companies Act, 2013 _______ of India and having its registered office at 196 sarojini Nagar Market, South Delhi, New Delhi, Delhi, India, 110023. Contact us at helpdesk@thebigstack.com “thebigstack” is a registered trade mark.

PRODUCTS

Bigstack is an online retailer of apparel and lifestyle products offered at great values to the Users. We enable Users to purchase original merchandise, including but not limited to clothing, apparel, accessories, poker chips, poker tables etc. (collectively, "Products"). The Products can be purchased through various methods of payments offered by Us. The sale of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. In addition, these Terms of Conditions may be further supplemented by Product specific conditions, which may be displayed with that Product. Bigstack tries its best to deliver Products and services exactly the way they appear on the site. All Products exhibited on the Website are on an “as is” and “as available” basis. Images of Products are for and by reference only and actual Product may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end. Bigstack hereby disclaims any guarantee of the accuracy in terms of finish and appearance of the final Product as ordered by the User. The quality of any products, services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Thus, Bigstack does not warrant that Product description or content of Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

ACCOUNT PRIVACY AND SECURITY

Any person may access the Website and the Products either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website. If you wish to register yourself with the Website, you shall be required to create an account by registering through Facebook or your email account or by filling in the details prescribed in the Website registration form. You will then receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the Website of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Bigstack cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto. You, as the User, waive any claims against the Website for any loss and damage suffered by you on account of your failure to comply with the Terms and reasonably expected good practices in this regard. If any User learns or is made or becomes aware of any instance of hacking or misuse of its User account, it shall without delay notify the Website of the same. Additionally, registered Users may be held liable for losses incurred by the Website for any loss or damage caused as a result of failure in maintaining security by the relevant User. If any User provides any information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof). Users of the Website may be required to provide certain personal information and expressly permit the Website from accessing and/or collecting and retaining such personal information of the Users. Such provision and/or collection, storage, retention, use and disclosure of the personal information of the Users shall be subject to the Website’s privacy policy available.

ELIGIBILTY

Use of the Website is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, lunatics etc. shall not be eligible to use the Website. Any minor desirous to use or transact on Website, is required to conduct such transaction through their legal guardian or parents. Website reserves the right to terminate any membership and / or refuse to provide access to the Website if it is brought to the Website’s notice or if it is discovered that the person accessing/using the Website is under the age of 18 years. By accepting the Terms and Conditions or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.

DISCLAIMER OF WARRANTIES AND LIABILITIES

All the materials and Products and services, included on or otherwise made available to You through the Website are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Bigstack does not warrant that Website will be constantly available, or available at all; or the information on Website is complete, true, accurate or non-misleading. We will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information or any services or materials, either with or without your knowledge. We endeavor to ensure that all the information on the Website is correct, but we do not provide any warranties relating to the quality, accuracy or completeness of any data, information, product or service. we shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, we shall not be responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason. The user understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. We shall not be responsible for any typographical error leading to any invalidity of any kind. We accept no liability for any errors or omissions, with respect to any information provided to you by itself or on behalf of third parties. Further we do not warrant that our Website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our Websites or the servers that make our website available are free of viruses or other harmful components. The use of our Website is at your sole risk and you assume full responsibility for any costs associated with your use of our Website. We will not be liable for any damages of any kind related to the use of our website. In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages or any other claim arising out of or in connection with Your purchase of the Products and services herein. Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law. Notwithstanding anything to contrary, Bigstack entire liability to you shall be the refund of the money charged to you for any product or service, in relation to which unlikely liability arises. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

INTELLECTUAL PROPERTY RIGHTS (IPR)

The Website and the processes, and their selection and arrangement, including but not limited to all images, text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Bigstack and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. The trademarks, names, logos and service marks displayed on the Website ("Marks") are the property of Bigstack. You are not permitted to use the Marks without the prior consent of Bigstack.Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner. Bigstack owns all intellectual property rights to the trademark “the big stack" and variants thereof, and the domain name, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content or Marks through any medium, whether directly or indirectly, without obtaining the necessary authorization from Bigstack.

THIRD PARTY CONTENT

The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources ("Third Party Content"). The provision of Third Party Content is for general information only. All Third Party Content is provided on an 'As Is' basis. Bigstack may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Bigstack does not provide any guarantee with respect to any the Third Party Content and Bigstack shall not be held liable for any loss suffered by You due to Your reliance on or use of such data. In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. Bigstack makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Products/ Services or the information appearing thereon or any of the products or services described thereon.

INDEMNITY

You shall indemnify, defend and hold harmless Bigstack, owning and operating the Website, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms and Conditions, Privacy Policy and other policies, or Your violation of any law, rules or regulations or the rights, including infringement of intellectual property rights.

APPLICABLE LAWS

These Terms and Conditions shall be governed by and interpreted and construed in accordance with the laws of India. The courts in New Delhi shall have exclusive jurisdiction in respect of any matters arising here from.

PRIVACY POLICY

The User hereby consents, expresses and agrees that he has read and fully understood the Privacy Policy of , (the Website). The User further consents that the terms and contents of such Privacy Policy are acceptable to him.

USER OBLIGATION

Subject to compliance with the Terms and Conditions, Bigstack grants You a non-exclusive, nontransferable, revocable, limited privilege to access and use this Website. You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms and Conditions, Policies; and (b) any applicable law, regulation or generally accepted practices or guide in the relevant jurisdictions. You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You will access the Website in accordance with the Terms and Conditions mentioned herein. You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Bigstack . You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. By accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Bigstack disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed below. If the Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. Further, You undertake not to: Defame, abuse, harass, threaten or otherwise violate the legal rights of others; Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword; Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents; Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer; Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website); Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, or to any of the Services offered on or through the Website, by any illegitimate means (including such as hacking and password mining); Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Bigstack, including any other Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information; Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites; Collect or store data about other users. Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website; Use the Website or any material or Content for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Bigstack or other third parties; Conduct or forward surveys, contests, pyramid schemes or chain letters; Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner; Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; Violate any code of conduct or other guide, which may be applicable to the Service; Violate any applicable laws or regulations for the time being in force within or outside India; Violate the Terms and Conditions; Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. You agree that You are solely responsible to Bigstack and to any third party for any breach of Your obligations under the Terms and Conditions and for the consequences (including any loss or damage which Bigstack or its affiliates or its vendors may suffer) for any such breach.

USE OF MATERIALS

Except as expressly indicated to the contrary herein or in any applicable additional Terms, Bigstack hereby grants You a non-exclusive, freely revocable, non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions: You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms and Conditions; You may not modify or alter product catalogues or any other materials, information available on the Website; and You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website. The rights granted to You as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly prohibited by Bigstack. Any software that is available on the Website is the property of Bigstack or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by Bigstack.

TERM AND TERMINATION

The Terms and Conditions will continue to apply until terminated by either You or Bigstack, subject to the terms as set forth below. If You want to terminate Your agreement with Bigstack, You may do so by (i) not accessing the Website; or (ii) closing Your accounts (if any). You agree that Bigstack may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Bigstack determines that You have violated the terms of these Terms and Conditions or any other any terms and conditions mentioned on this Website. You also agree that any violation by You of the Terms and policies will cause irreparable harm to Bigstack, for which monetary damages may be inadequate, and You consent to Us obtaining any injunctive or equitable relief that We deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Bigstack may have at law or in equity. Bigstack may at its discretion and at any time with or without notice terminate or suspend the Terms and Conditions without cause or with cause if: You breach any of the provisions of the Term and Conditions the Privacy Policy or any other terms, conditions, or policies that may be applicable to You; Bigstack is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful or pursuant to a request by a regulatory authority); The provision of the Services to You by Us is, in Our opinion, no longer commercially viable; We have elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof) either in general or specifically to You; For technical or any other reason, termination or suspension may include: (i) removal of access to all or portion of the offerings on the Website or with respect to the Services or any portion thereof; (ii) deletion of Your materials and / or Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with You or inside Your Account (or any part thereof); and (iii) barring of further use of the Website or Services. Bigstack may also delete any content or other materials relating to Your use of the Website. Bigstack shall not be liable to You or any third party for any such termination. Termination or suspension shall not affect your liability or obligation arising prior to such termination or suspension.

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