Terms & Conditions
TERMS AND CONDITIONS
1.2 The Terms & Conditions stated herein constitute a legal agreement between you and Bigg Data Resources Limited (Company No.: 209743), a company incorporated in Seychelles and having its registered address at 603, Fourseas Building, 208-212 Nathan Road, Tsim Sha Tsui, Hong Kong. (“Bigg Mall”, “we”, “us” or “our”).
1.3 Bigg Mall reserves the right, to change, modify, add, or remove portions of these Terms & Conditions and/or Bigg Mall’s Terms and Conditions at any time. Changes will be effective when posted on the Platform with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
1.4 If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the
applicable laws in your country (the “legal age”), you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Platform. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms & Conditions on the minor's behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and/or Services.
2. USE OF THE PLATFORM AND/OR SERVICES
2.1 We grant you a non-transferable and revocable license to use the Platform and/or Services, subject to these Terms & Conditions, for the purpose of shopping for personal items sold on the Platform. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms & Conditions shall result in the immediate revocation of the license granted herein without notice to you.
2.2 Content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the vendor and are not made by us. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.
2.3 Certain services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. Bigg Mall shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
2.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
2.5 We reserve the right, but shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms & Conditions contained herein and may take any action it deems appropriate;
(b) prevent or restrict access of any an authorised user to the Platform and/or the Services;
(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
3. USER SUBMISSIONS
3.1 You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions"). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
4. TRADEMARKS AND COPYRIGHTS
4.1 All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Hong Kong copyright laws and international conventions. All rights are reserved.
4.2 No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
5. OUR LIMITATION OF RESPONSIBILITY AND LIABILITY
5.1 The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by Bigg Mall of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.
5.2 Without limiting the foregoing, Bigg Mall does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
5.3 Bigg Mall and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use the Platform or the Services;
(b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
5.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefore.
6.1 For your convenience, we may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
7. APPLICABLE LAW AND JURISDICTION
7.1 These Terms & Conditions and/or other Bigg Mall’s Terms and Conditions shall be interpreted and governed by the laws in force in Hong Kong. Subject to the section on Arbitration below, you hereby agree to submit to the jurisdiction of the Courts of Hong Kong.
8.1 Any controversy, claim or dispute arising out of or relating to these Terms & Conditions and/or other Bigg Mall’s Terms and Conditions or the breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur, Hong Kong. The arbitral tribunal shall consist of a sole arbitrator who is legally trained and who has experience in the information technology field in Hong Kong and is independent of either party. The place of arbitration shall be Hong Kong. Any award by the arbitration tribunal shall be final and binding upon the parties.
8.2 Notwithstanding the foregoing, Bigg Mall’s reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
9.1 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms & Conditions and/or other Bigg Mall’s Terms and Conditions. Upon any termination of these Terms & Conditions and/or other Bigg Mall’s Terms and Conditions, you shall immediately cease all access to and use of the Platform and/or Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform and/or Services in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that Bigg Mall shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of Bigg Mall, in operating the Platform and/or providing Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services.
TERMS AND CONDITIONS OF SALE
1.1 In these Conditions:
"Buyer" means the person who purchases Goods on the Platform;
"Conditions" mean these Terms and Conditions of Sale;
"Contract" means the contract formed when Seller accepted the order placed by Buyer on the Platform for the purchase of Goods sold by Seller;
“Bigg Mall” means Bigg Data Resources Limited (Company No.:), a company incorporated in Seychelles and having its registered address at 603, Fourseas Building, 208-212 Nathan Road, Tsim Sha Tsui, Hong Kong. (“Bigg Mall”, “we”, “us” or “our”);
"Goods" means the products or services made available for sale on the Platform or any parts for them;
“Bigg Mall’s Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;
“Platform” means the biggmall.co website and/or Bigg Mall mobile app;
“Points” means Bigg Mall Point (BMP) or Assets Point (ASP) obtained and transmitted from BD CLUB membership to Bigg Mall for order and redeem the available goods specified at Bigg Mall.
“Seller” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and includes a Third-Party Vendor. Bigg Mall may also be a “Seller” for selected Goods;
“Services” means the use of any services, information and functions made available by Bigg Mall at the Platform;
“Third Party Vendor” means a seller which, with Bigg Mall’s permission, uses the Platform and/or Services to sell Goods to the Buyers, and excludes Bigg Mall; and
"Writing" includes electronic mail facsimile transmission and any comparable means of communication.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 Any references to “Bigg Mall” in these Conditions refer to both Bigg Mall’s actions on its own behalf as Seller and/or as the operator of the Platform and/or as the agent of Third Party Vendors as Sellers in respect of each and every Contract.
1.4 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.
2. BASIS OF THE CONTRACT
2.1 The Platform provides a place and opportunity for the sale of Goods between the Buyer and the Seller (collectively “Parties”). The identity of the Seller for a particular Goods listed for sale on the Platform, be it Bigg Mall or a Third-Party Vendor, may be stated on the webpage listing such Goods.
2.2 Where the Buyer has placed an order on the Platform for the purchase of Goods sold by Bigg Mall and Bigg Mall has accepted the same, this shall constitute a Contract entered into directly between the Buyer and Bigg Mall. On the other hand, where the Buyer has placed an order on the Platform for the purchase of Goods sold by a Third-Party Vendor and the said Third Party Vendor has accepted the same, this shall constitute a Contract entered into directly between the Buyer and the Third-Party Vendor. Where the Contract is entered into directly between the Buyer and a Third-Party Vendor, Bigg Mall is not a party to the Contract or any other Contract between the Buyer and Third-Party Vendor and accepts no obligations in connection with any such Contract. Parties to such contracts shall be entirely responsible for the Contract between them, the listing of Goods, warranty of purchase and the like.
2.3 Any information made available on the Platform in connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs or any information disclosed by Third Party Vendors through the chat system are not binding and for information purposes only. In entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.
2.4 While the Seller endeavours to provide an accurate description of the Goods, neither Bigg Mall nor Seller warrants that such description is accurate, current or free from error. In the event that the Goods the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Clause 7 of these Conditions shall apply.
2.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Bigg Mall in its website shall be subject to correction without any liability on the part of Bigg Mall.
3. ORDERS AND SPECIFICATIONS
6. DELIVERY OF GOODS
6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.
6.2 Bigg Mall has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.
6.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and Bigg Mall shall not be liable for any delay in delivery or performance howsoever caused.
6.4 If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to Bigg Mall, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 10 days. If Bigg Mall fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.
6.4.1 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 6.4 above, the Buyer shall immediately notify Bigg Mall of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as Bigg Mall's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. Bigg Mall shall be entitled at any time to demand the Buyer to deliver up the Goods to Bigg Mall and in the event of non-compliance Bigg Mall reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of Seller's fault) then without prejudice to any other right or remedy available to Bigg Mall, Bigg Mall may:
6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or
6.5.2 terminate the Contract and claim damages.
7. RETURN, REFUND AND REPLACEMENT OF GOODS
7.1 All Goods sold on the Platform is covered under the Bigg Mall 10 Days Easy Returns (“Return Policy”). Buyer may initiate the returns process by communicating with Bigg Mall or Seller through the Platform.
7.2 The Buyer may, by completing the Online Return Form, apply to return the purchased Goods to Bigg Mall or Seller in exchange for a replacement or a refund. The Buyer shall ensure that the purchased Goods is returned to Bigg Mall or Seller within 10 calendar days from the delivery date, depending on the applicable Return Policy. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Goods to the post stamp date on the return parcel. In case of damaged Goods, please contact Bigg Mall or Seller within 48 hours of receiving the delivery to expedite the claim process.
7.3 The Buyer may only apply for return of the purchased Goods in the following circumstances:
7.3.1 the Goods delivered to the Buyer is defective and/or damaged on delivery;
7.3.2 the Goods, in particular fashion items, which does not fit (not applicable for fashion items from overseas Sellers);
7.3.3 the Goods delivered to Buyer is materially different from the description provided by Seller in the listing of the Goods;
7.3.4 the Goods delivered to the Buyer does not match the agreed specification (e.g. wrong size, colour, etc.) stipulated in the order;
7.3.5 The Buyer has a change of mind with regard to the Goods; and
7.3.6 such other circumstances which may be prescribed by Bigg Mall on the Platform.
7.4 Notwithstanding Clause 7.3 above, the products are returnable except for "change of mind" request. The Buyer is to ensure that the product is not opened, as otherwise it will not be accepted for return.
7.5 Notwithstanding Clause 7.3 above, return or cancellations of any perishable Goods are not allowed. To ensure that the Buyer is satisfied with the product received, the Buyer should inspect the contents as soon as the order arrives.
7.6 The application for return of Purchased Goods may also be subject to additional terms and conditions prescribed by Bigg Mall on the Platform. Please see Help Centre for further details.
7.7 Questions and complaints with regards to returns
7.7.1 If you have any questions or complaints,
(i) you may either contact the Seller directly via the Platform or
(ii) To contact Bigg Mall using the “Contact Us” page on the Platform, as applicable.
7.7.2 In the event that the Buyer is unable to resolve any dispute with the Seller directly through amicable negotiations, Bigg Mall reserves the right to suggest and implement an appropriate resolution at its sole discretion.
8. RISK PROPERTY OF THE GOODS
8.1 The Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Bigg Mall has tendered delivery of the Goods.
8.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until Bigg Mall has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by Seller to the Buyer for which payment is then due.
8.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Bigg Mall's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
8.4 The Buyer agrees with Bigg Mall that the Buyer shall immediately notify Bigg Mall of any matter from time to time affecting Bigg Mall’s title to the Goods and the Buyer shall provide Bigg Mall with any information relating to the Goods as Bigg Mall may require from time to time.
8.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), Bigg Mall shall be entitled at any time to demand the Buyer to deliver up the Goods to Bigg Mall and in the event of non-compliance Bigg Mall reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
8.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Bigg Mall but if the Buyer does so all moneys owing by the Buyer to Bigg Mall shall (without prejudice to any other right or remedy of Bigg Mall) forthwith become due and payable.
8.7 If the provisions in this Clause 8 of these Conditions are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
8.8 The Buyer shall indemnify Bigg Mall against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of Bigg Mall's rights under this condition.
9.1 The Buyer may terminate the Contract before Seller dispatches the Goods, by written notice to Bigg Mall through our Contact Us page at https://www.biggmall.coIf the Goods have already been dispatched, the Buyer may not terminate the Contract but may only return the Goods in accordance with Clause 7 of these Conditions.
9.2 Without prejudice to any other right of termination elsewhere in these Conditions, Seller, or Bigg Mall acting on Seller’s behalf, may stop any Goods in transit, suspend further deliveries to the Buyer and/or terminate the Contract with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:
9.2.1 the Goods under the Contract being unavailable for any reason; and/or
9.2.2 the Goods under the Contract has been mispriced on the Platform.
10. WARRANTIES AND REMEDIES
10.1 Subject as expressly provided in these Conditions, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
10.2 Subject to this Clause 10 of these Conditions, Bigg Mall warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Goods are delivered or deemed to be delivered ("Warranty Period"). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), Bigg Mall further gives to the Buyer such implied warranties as cannot be excluded by law.
10.3 Bigg Mall’s above warranty concerning the Goods is given subject to the following conditions:
10.3.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Bigg Mall.
10.3.2 Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.
10.3.3 Bigg Mall binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Bigg Mall's opinion in that behalf. Bigg Mall is not liable for any such special or particular description which may have been provided by Third Party Vendors through the chat system. Bigg Mall does not give any warranty as to the quality state condition or fitness of the Goods.
10.3.4 Bigg Mall shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of Bigg Mall, addition and insertion of parts, in particular of spare parts which do not come from Bigg Mall.
10.3.5 Bigg Mall shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow Bigg Mall's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Bigg Mall's approval.
10.3.6 Bigg Mall is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Bigg Mall’s prior written approval and the Buyer shall indemnify Bigg Mall against each loss liability and cost arising out of such claims.
10.3.7 Bigg Mall shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.
10.3.8 Bigg Mall shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.
10.4 Where there is any defect in the quality or condition of the Goods or where the Goods fail to correspond with specification, the Buyer may apply to return the defective and/or damaged Goods to Bigg Mall or Seller in exchange for a replacement or a refund in accordance with Bigg Mall’s Return Policy and Clause 7 of these Conditions above.
10.5 As an alternative to returning faulty or damaged Goods in exchange for refund or replacement under Clause 7 of these Conditions above, the Buyer may request for a repair of such Goods. Bigg Mall and Seller however is entitled to accept or reject such request, at its own discretion. Such request shall be irrevocable upon Bigg Mall’s or Seller’s acceptance of the same and the non-conforming Goods (or part thereof) will be repaired as originally ordered. The Buyer may not later elect for a return under Clause 7 of these Conditions above once Bigg Mall or Seller has accepted such request.
10.6 Where the Goods have not been repaired within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair, Bigg Mall may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair or price reduction being made as aforesaid, the Buyer shall have no further claim against the Seller.
10.7 When Bigg Mall or Seller has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become property of Bigg Mall or Seller.
11.1 In no event shall Bigg Mall be liable for loss of profit or goodswill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if Bigg Mall had been advised by the Buyer of the possibility of incurring the same.
11.2 The remedies set out in Clause 10 of these Conditions are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods and Bigg Mall’s liability for the same shall be limited in the manner specified in Clause 10 of these Conditions.
11.3 Notwithstanding any other provision of these Conditions, the Seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each Contract, shall not exceed the sums that you have paid to the Seller under such Contract.
11.4 If a number of events give rise substantially to the same loss , they shall be regarded as giving rise to only one claim under these Conditions.
11.5 No action shall be brought against Bigg Mall later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.
12.1 Neither Bigg Mall nor Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Bigg Mall's or Seller’s reasonable control.
12.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Bigg Mall, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant order.
12.3 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of International Commercial Terms published by the International Chamber of Commerce shall have the same meaning in these Conditions but if there is any conflict between the provisions of Inco terms and these Conditions, the latter shall prevail.
12.4 No waiver by Bigg Mall of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, Bigg Mall’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.
12.5 If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
12.6 No person who is not a party to the Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right to enforce any terms of the Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Clause 3.3 of these Conditions.
12.7 The Contract shall be governed by the laws of Hong Kong and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Hong Kong, as provided for in Clause 12.9 below.
12.8 The Buyer must exhaust all legal avenues against Third Party Vendors should any dispute, controversy or claim arises out of or relates to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against Bigg Mall. Any such actions brought against Bigg Mall for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the AIAC. The place of arbitration shall be in Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.
12.9 Notwithstanding Clause 12.8 above, Bigg Mall shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.
12.10 Bigg Mall may, through the Platform or by such other method of notification as Bigg Mall may designate, vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Bigg Mall specifies through the above means. If the Buyer uses the Platform after such date, the Buyer is deemed to have accepted such variation. If the Buyer do not accept the variation, the Buyer must stop access or using the Platform and terminate these Terms and Conditions of Sale.
12.11 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on the Seller’s part shall be subject to correction without any liability on Seller’s part.
12.12 In the event that these Conditions are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Conditions shall govern and shall take precedence over the Foreign Language Version.
12.13 These Conditions shall constitute the entire agreement between the Buyer and the Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
12.14 Bigg Mall reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as Bigg Mall deems appropriate.
BIGG MALL GIFT CARDS
1.1 These Bigg Mall Gift Card Terms and Conditions (the “Gift Cards Terms”) apply to Bigg Mall branded digital gift cards (the “Gift Card(s)”).
1.2 By purchasing or using Gift Cards, you ("you" or the "Customer") agree to be bound by these Gift Cards Terms, in addition to the Terms & Conditions for the www.biggmall.cowebsite and/or the BIGG MALL mobile app, which are incorporated by reference into these Gift Card Terms.
1.3 For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms & Conditions. In the event of a conflict between the provisions of the Gift Cards Terms and the Terms & Conditions, to the extent such contradiction is pertaining to the use of Gift Cards, the provisions of these Gift Cards Terms shall prevail.
1.4 Where the Customer provides us with personal data pertaining to a third-party for fulfilment purposes of the Gift Card or otherwise, the Customer hereby confirms on behalf of said third-party that he/she has agreed to the sharing of his/her personal data with Bigg Mall.
1.5 The Customers should refer to the Product Details Page (as defined below) for specific terms and conditions and expiry dates.
2. REDEEMING GIFT CARDS
2.1 The Gift Cards cannot be used to purchase other Gift Cards, insurance products and any other product prohibited by law or Bigg Mall.
2.2 If the value of an Order exceeds the value of the Gift Card, any outstanding Order balance must be paid using a different payment method.
2.3 If the value of an Order is less than the value of the Gift Card, the remaining Gift Card balance will be forfeited.
2.4 Unless otherwise stated in the Products Details Page, the Gift Cards shall remain valid for a period of six (6) months from the date of issuance.
2.5 The Gift Cards may not be transferred for something of value.
2.6 An Additional instructions on how to redeem a Gift Card are made available on the product details page of the relevant Gift Card, under www.biggmall.cowebsite (the “Product Details Page”).
3. LOSS OF THEFT OF GIFT CARDS
3.1 Once purchased, the Gifts Card is the responsibility of the Customer and any Gift Card, including accompanying digital or pin codes that are lost or stolen shall not be replaced.
4. CUSTOMER'S OBLIGATIONS
4.1 The Customer acknowledges and agrees that:
4.1.1 The Gift Cards can only be redeemed within the period specified on the Product Detail Page;
4.1.2 The Gift Cards cannot be redeemed on certain black-out dates or promotion dates specified by Bigg Mall;
4.1.3 The Customers shall not use Gift Card(s) or permit the use of Gift Card(s) in any manner which may adversely affect other Customers’ use of Gift Card(s) and/or any other Service provided to such Customers, as Bigg Mall may reasonably determine;
4.1.4 The Gift Cards are offered to the Customer on an “as is” basis;
4.1.5 The Customer is responsible for all information the Customer submits, transmits or otherwise make available during the purchase or redemption of any Gift Card;
4.1.6 To such extent permitted by applicable laws, Bigg Mall expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, express or implied, statutory or otherwise or any representations or warranties arising from usage or custom or trade or by operation of law, including (without limitation) as to the sequence, originality, correctness, completeness, accuracy, timeliness, currency, non-infringement, merchantability or fitness for any particular purpose in relation to any Gift Cards;
4.1.7 To the fullest extent permitted by law, Bigg Mall excludes all warranties, rights and remedies (including warranties implied by statute or otherwise) that the Customer would otherwise be entitled to.