Terms And Conditions of Use
1. TERMS AND CONDITIONS
1.1 As part of its service to customers, the BIG Group makes available BIG Online subject to the terms and conditions set out herein.
1.4 If you accept this Agreement, it will be a legally binding agreement between You and BIG.
1.5 Only You and BIG shall be entitled to enforce this Agreement. No third party shall be entitled to enforce this Agreement.
1.6 This Agreement shall continue to be in full force and effect for so long as You are using the Site.
2.1 In this Agreement, unless the contrary intention appears:-
Means the account that You will need to register for on the Site if You would like to access use or submit an Order, submission or posting on the Site;
The BIG Group and the Company;
Refers to the collection date and time stipulated in the Confirmation Order or revised collection date or time as notified by e-mail by BIG;
The legal entity who makes available for sale or sells the Products on the Site;
Means an order or several orders placed by You at BIG Online as the case may be;
Means BIG’s confirmation to You, in which BIG accepts your Order in accordance with clause 16.14 below;
Means the range of products and services made available for sale from time to time by the BIG Group via BIG Online;
BIG Online owned and operated by BIG;
The BIG Group
comprises of Big Sdn. Bhd., Bens Independent Grocer Sdn. Bhd., Bens Kitchen Sdn. Bhd., and The Big Benquet Sdn. Bhd.;
Means and includes you and/or any person or entity using or accessing the Site or placing an Order at the Site through your Account.
3. ENTIRE AGREEMENT
3.1 This Agreement constitutes the entire agreement between You and BIG and supersedes any and all prior terms, conditions, warranties and/or representations.
4.1 You shall have to register with BIG and create an account in order to use the Site. As part of the registration process You agree to provide BIG with your up to date, complete, and accurate information (the "Registration Details”) and to maintain and to update this information as required to keep it current, complete and accurate. You can update or correct your details at any time by going to your Account.
4.2 If You provide any information that is untrue, inaccurate, not current or is incomplete or if BIG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or is incomplete, BIG has the right to indefinitely refuse You access to the Site and to suspend or terminate your membership and to close your Account.
4.3 You shall be responsible for maintaining the confidentiality of your password.
4.4 You shall not allow anyone else to use your name or personal information to register on this Site. All transactions made shall be deemed to be your transactions and You shall be responsible and liable for all orders, instructions, submissions and postings made.
4.5 You agree and grant BIG the right to use your Registration Details for sending advertisements promotions and other offers and agree to receive such advertisement promotion and offers.
4.6 You shall notify BIG if you know or have reason to believe or suspect that there has been, is or may be an unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
4.7 BIG shall not be liable to You or to any person for any loss or damage which may arise as a result of any failure by You to protect your password or Account or Registration Details.
4.9 BIG shall have the right to disclose your Registration Details or personal information if or when required by law and/or where such disclosure is necessary to protect BIG’s rights and/or to comply with any law or judicial proceeding, court order, or legal process served on BIG or in relation to the Site.
4.10 In the event BIG goes through a restructuring or a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, your Registration Details and personal information will likely be among the assets transferred. You will be notified via a notice on the Site of any such change in ownership or control of your personal information.
5. YOUR ACCESS AND USE OF THIS SITE
5.1 This Site is made available for your personal use and enjoyment and the Site or any content of the Site shall not be used by You or any other party or for any commercial purpose whatsoever or any unlawful or illegal purpose whatsoever.
5.2 You shall not, in any manner whatsoever, copy, republish, reproduce, download, print, distribute, post, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute, crawl, frame, in any way, the information, details, materials or web pages on the Site or the computer codes mathematical codes or elements comprising the Site other than solely for your own personal or internal business use. You may not use the content in any way or manner whatsoever or anywhere else save to make purchases of the Products on Site.
5.3 You shall not in any manner whatsoever, use the Site in a way that infringes the rights of other parties or that restricts or inhibits other users’ enjoyment of the Site.
5.4 BIG may terminate this Agreement at any time, without cause. BIG also reserves the right, at its sole discretion, to terminate your access to the Products offered on the Site or any portion thereof at any time, without notice.
5.5 You further covenant agree and undertake that You are accessing the Products available on this Site and transacting at your own risk.
5.6 You represent and warrant that You are 21 years old and above and competent and eligible to enter into legally binding agreements and/or have the requisite authority to bind the other party or company to this Agreement. You shall not use this Site if You are not authorised or below 21 years old and/or not competent to contract under the applicable laws, rules and regulations.
5.7 Subject as hereinbefore set out and hereinafter provided, You shall be entitled to access and use the Site at all times unless the Site cannot for any reason whatsoever be accessed or used in which case BIG shall not be liable at any time or in any way for any loss or damage or delay due to or arising out of your inability to access or use the Site.
5.8 Without prejudice to BIG’s right to terminate this Agreement, you agree that BIG shall be entitled to forthwith suspend without notice to You your access to or use of the Site in the event of breach of any of the terms and conditions of this Agreement.
7. SITE ETIQUETTE
7.1 You shall use polite language and only write in English when you are posting a submission or posting or Order.
7.2 Offending submissions postings languages and phrases including but not limited to the following is prohibited and shall not be tolerated and shall constitute a breach of this Agreement:-
a) rude or abusive or threatening language;
b) blasphemy, spiteful, racist language;
c) any language which degrades any gender in any way or discriminates in any way;
d) any sexual or sexually suggestive comment or content;
e) any false, defamatory or misleading statements or repeating any false defamatory or misleading statements;
f) impersonating others or posting information about other parties or their brands or names;
g) spam or advertising;
h) advertising promoting or offering your own or other 3rd party’s products or services or alternative produces or services or other 3rd party’s products or services or alternative products or services whatsoever.
7.3 BIG shall have the right to terminate this Agreement immediately without any notice to You and to decline to post or process any submission posting or Order containing such offending posting language or phrase(s) and BIG shall not be liable to You or any other party for any loss or damage whatsoever howsoever arising.
8. ACCURACY OF CONTENT
8.1 To the extent permitted by applicable law, BIG disclaims all representations and warranties, express or implied, that the content or information displayed in or on this Site is accurate, complete, up-to-date and/or does not infringe the rights of any third party.
8.2 The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of BIG or companies in the BIG Group. BIG is not responsible or liable for any of these views.
9. DAMAGE TO YOUR COMPUTER OR OTHER DEVICE
9.1 BIG shall use its reasonable efforts to ensure that this Site is free from viruses and other malicious or harmful content. However, BIG does not guarantee that your use of this Site (including any content on it or any site accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that You have the right equipment (including antivirus software) to use the Site safely and to screen out anything that may damage or harm your computer or other device. BIG shall not be liable to You or any other party for any loss or damage suffered as a result of spam, hacking, viruses or other malicious or harmful content that You or any other 3rd party may access from or via the Site.
10. LINKS TO OTHER SITES
10.1 BIG does not have any control over other sites or their content. BIG does not make any warranty or guarantee whatsoever in relation to those sites. You visit those sites at your own risk, BIG shall not be liable for any loss or damage You may suffer as a result of your using or visiting those sites.
11. EXCLUSION OF LIABILITY
11.1 By providing the Site for your use or making the Products available for sale BIG does not make any representations, guarantees, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) and the same are excluded to the fullest extent permitted by law. BIG shall not be liable for any loss or damage in relation to or arising out of or in connection with these Terms and Conditions or your use of the Site.
12. AMENDMENTS, MODIFICATION TO OR WITHDRAWAL OF THE SITE
12.1 BIG may at its absolute discretion at any time and without any notice to You, amend, modify, vary, replace or withdraw all or any part of the Products or Site and in doing so BIG shall not be responsible or liable for any loss or damage which may be suffered by You or any third party.
13. CONFIDENTIALITY AND SECURITY
13.1 You shall keep all information, detail, data, material and attachment and any other electronic computer or paper copy document, relating to or stored in or channelled via the Site secure and confidential and shall not allow any other person to use or have access to your Account or to use such information, detail, data, material and attachment and any other electronic computer or paper copy document in any manner.
13.2 You shall adhere to all security procedures and take all measures to prevent unauthorized access to and/or use of your Account.
13.3 You shall be solely responsible for all unauthorised access to your Account and shall indemnify and keep BIG fully indemnified of all loss and damage which BIG shall suffer as a result of such unauthorised access or use.
13.4 BIG shall have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by You to our site or any BIG related third party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. BIG shall not be responsible, or liable to any third party, for the content or accuracy of any materials submitted or posted by You or any other user of our Site. BIG shall have the right to remove any submissions or postings You make on the Site if BIG is of the opinion such submission or posting is offending or does not comply with law, rules or regulations in force from time to time without any liability to You or any 3rd party. You shall fully indemnify BIG for any loss or damage suffered as a result of your acts or 3rd party’s acts.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 You covenant and agree that the ownership, title, property, interest and/or rights to any patent, copyright, designs, industrial designs, logos, trade names, trade marks or devices and get up, service marks or devices and get up and all other proprietary or intellectual property ownership, title, property, interest and/or rights and all moral rights belong to and shall remain vested in BIG including but not limited to:-
a) all BIG trade names, trade marks or devices and service marks and devices in whatever form or variation including all get up whether existing or in the future;
b) The Site and all related computer electrical and mechanical process;
c) All advertisements, brochures, and promotional materials of the Products posted on or advertised on the Site and/or posted to You;
d) All such BIG marks and devices and get up used on or in relation to the Products sold to You;
e) All information, detail, data, calculations, material and attachment and any other electronic or paper copy document, including any book, record, and/or reports sent to You by BIG and/or Guides, Guidelines and Policies;
f) All data available and/or posted on the Site to enable You to browse and order the Products;
g) All such other material or document not otherwise specified herein to which You have access to or use of as a result of your access to and use of the Site.
14.2 You further acknowledge, covenant and agree that You shall not use any of the BIG trade names, marks or devices or get up or service marks or devices or get up which shall at all material times remain the ownership and property of BIG.
14.3 The ownership, title, property, interest and/or rights hereinbefore referred to in Clauses 14.1 and 14.2 shall hereinafter collectively be referred to as “BIG’s Intellectual Property”.
14.4 You covenant and agree that You shall not use, appropriate, modify, reproduce, tamper with, interfere with or do anything that will violate, infringe, injure or damage BIG’s Intellectual Property.
14.5 You acknowledge, covenant and agree that You do not own or have any right over any ownership, title, property, interest and/or rights to any patent, copyright, designs, industrial designs, logos, trade names, trade marks or devices or get up, service marks or devices or get up and all other proprietary or intellectual property ownership, title, property, interest, and/or rights in respect of or arising out of the Site or use thereof, the Products or in relation to BIG’s Intellectual Property and that nothing in this Agreement shall confer any ownership, title, property, interest or rights to the Site, the Products or BIG’s Intellectual Property in your favour or anyone claiming under You.
14.6 You covenant and agree that You shall take all steps to protect the ownership, title, property, interest and/or rights and/or such other proprietary or intellectual property ownership, title, property, interest and/or rights of BIG and/or BIG’s Intellectual Property whether hereinbefore expressly stated or otherwise from being violated, infringed, injured or damaged or from threatened violation, infringement, injury or damage whether by You, your servants agents and/or employees, and/or third parties.
14.7 Where a 3rd party’s products have been made available for sale on the Site You likewise covenant and agree that You shall not use, appropriate, modify, reproduce, tamper with, interfere with or do anything that will violate, infringe, injure or damage the 3rd party’s intellectual property and that You shall take all steps to protect the ownership, title, property, interest and/or rights and/or such other proprietary or intellectual property ownership, title, property, interest and/or rights of the said 3rd party and BIG shall not under any circumstances be responsible or liable for your infringement of 3rd party intellectual property rights and You agree to indemnify BIG at all times for any such breach including legal costs and expenses on a full indemnity basis and cooperate fully to remedy or rectify any such breach if any including appearing and participating in any Court proceedings at your own cost and expenses.
14.8 You likewise covenant and agree that your use of the Site and its contents does not grant You any rights in relation to intellectual property of BIG or of 3rd parties.
14.9 By submitting information (other than your Registration Details and personal information), text, photos, graphics or other content to the Site You agree that we can use and You grant us a right to use such materials at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the Site.
14.10 You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights You acquire in such materials.
15.1 All prices quoted on the Site are indicative only. The final price for the Products shall be displayed once you confirm the Order and proceed to make payment.
15.2 All prices are quoted in Ringgit Malaysia and are inclusive of prevailing Goods and Services Tax. All further taxes or other taxes or increase in tax rate whether in force now or in the future are strictly to be paid for by You in addition to the price shown on the Site.
15.3 You shall remain responsible for and liable to pay all such costs and taxes as required by law whether now or in the future.
15.4 BIG reserves the right to vary the prices quoted on the Site from time to time and without any prior notice to You.
15.5 BIG tries to ensure that all the prices on the Site are accurate, but errors may occur. If BIG discovers an error in the price of the Products You have ordered BIG will inform You as soon as reasonably possible. You will then be given the option of re-confirming the Order at the correct price or canceling the Order.
15.6 If You confirm the Order, You shall proceed to make payment.
15.7 If BIG is unable to contact You for any reason or BIG does not receive a response from You within the time stipulated in BIG’s email . BIG shall treat the Order as cancelled and notify you by email and BIG shall not be responsible or liable for any loss or damage to you or anyone else as a result of the cancellation.
15.8 If you decide to cancel the Order after BIG has informed You of a pricing error and You have already paid for the Products ordered, BIG shall refund the amount paid to your Credit Card as soon as reasonably possible after being notified by You that You do not wish to proceed further with the Order.
15.9 No other refund request or exchange of Products shall be entertained by BIG.
16.1 Your Order received by BIG shall at all times be subject to this Agreement.
16.2 All Orders must be placed at least 2 working days before the collection date in your Order.
16.3 The Order placed by You on this Site are a firm commitment to purchase and you are obliged to complete the transaction and not to contest it in anyway.
16.4 Before placing the Order you are advised to check the Products description carefully. By placing the Order You agree to be bound by the conditions of sale included in the Products description.
16.5 Once payment is made the Order shall be deemed to be confirmed and duly made by You and BIG shall then proceed accordingly to process and review the said Order.
16.6 The Order must be completed in full and all necessary details shall be stated therein including collection date and collection venue. BIG shall be entitled to reject any Order which is incomplete or which does not provide the necessary details.
16.7 The Order placed by You shall at all times be subject to availability of the Products requested in the Order.
16.8 In processing and reviewing the Order if BIG discovers that You have breached of any of the terms and conditions of this Agreement without prejudice to BIG’s right to terminate this Agreement, you agree that BIG shall be entitled to refuse to process or comply with the Order and may reject the Order.
16.9 BIG shall not be obliged to accept the Order or supply the Products ordered in the Order in the event there is no stock or insufficient stock or in the case of any unforeseen circumstances which prevents BIG from fulfilling the Order.
16.10 BIG shall not be liable to You in the event that BIG is unable to fulfill the Order or provide any of the Products specified in the Order or if there is delay or if the Products are not ready for collection on the Collection Date.
16.11 Subject to Clause 16.13 below and BIG’s right not to accept a proposal to cancel or amend an Order, in the event that You propose to cancel or amend an Order, the last day for cancellation or amendment is by 11am, 1 working day before the Collection Date.
16.12 If you wish to amend or cancel your order under Clause 16.11 above please e-mail us at firstname.lastname@example.org.
16.13 Irregardless of when You notify BIG of the proposal to cancel or amend the Order, if the Products have been produced or manufactured or delivered out of BIG’s supermarket or factory or bakery, BIG shall not accept your proposal to cancel or amend the Order and the proposal to cancel or amend the Order shall be deemed to be rejected by BIG, and the Order shall remain effective and binding and You shall remain fully liable to BIG for payment for the Products ordered in the Order and all costs and charges as may in the normal course be imposed. You shall not be entitled to reject the Products and must collect the Products on the Collection Date.
16.14 For the avoidance of doubt, please note that your payment does not constitute our acceptance of your offer to purchase Products from BIG. Acceptance of your order will take place only when BIG sends to you a Confirmation Order with an Order confirmation reference number to your last known e-mail address.
16.15 If for any reason BIG/the Company cannot supply You with the Products ordered, BIG shall not process your order, and shall inform you of this by email to your last known e-mail address and, if you have already paid for the Products, shall refund to You in full as soon as reasonably possible by the same mode of payment you used to make the Order and to the same Credit Card.
16.16 All Products purchased cannot be exchanged, are strictly not returnable and no refund request will be entertained.
17.1 During the checkout process, you will be asked to enter your payment details. By completing your payment details you confirm that the Credit Card being used is yours. All fields indicated as compulsory must be completed. Please note that BIG may collect and store your information.
17.2 All card payments are subject to authorisation by your card issuer and all payments shall be made immediately.
17.3 BIG shall not be liable in respect of any loss or damage whatsoever howsoever arising directly or indirectly out of the decline of authorisation for any transaction, by your card issuer.
17.4 You further agree and undertake to provide the correct and valid Credit Card details to BIG. You agree, understand and confirm that the Credit Card details provided by You will be correct and accurate and You shall not use the Credit Card which is not lawfully owned by You.
17.5 All products ordered shall remain the property of BIG until You have collected the products at the collection venue.
18.1 Please produce your Confirmation Order for inspection and/or receipt where applicable for verification before you can collect your Order.
18.2 Subject to change pursuant to Clause 18.3 and 18.4 below, the Collection Date shall be specified in the Confirmation Order.
18.3 BIG reserves the right to change the Collection Date and collection venue at short notice if the need arises and You shall be notified of this in the Confirmation Order or by e-mail if the Confirmation Order has already been issued. Such notification by BIG shall override and supercede the collection date and collection venue in the Order.
18.4 In case of any unforeseen circumstances or for any reason whatsoever BIG reserves the right to reschedule collection for another date and time or to another venue and without prejudice to BIG’s rights in the event of an Event of Force Majeure.
19.1 The images displayed on the Site are indicative in nature only.
19.2 Actual product may vary in appearance, colour, shape or design.
19.3 All Products are subject to availability and availability of ingredients. BIG shall inform You as soon as possible if the Products You have ordered are not available. BIG reserves the right to but shall not be obliged to substitute the Products or ingredients in case of non availability of the Products ordered or when the need arises.
19.4 No change in correction or amendment by You can be entertained after You place the Order.
19.5 Any offers are valid whilst stocks last only.
19.6 All Products are pork – free and do not contain alcohol.
19.7 BIG reserves the right to amend or alter Products without prior notice.
19.8 You shall inspect all Products before taking it from the collection venue. You shall be required to acknowledge receipt and the condition of the Products on the Collection Note.
19.9 If You have any allergies or dietary or health limitations You shall be responsible to check all ingredients and descriptions to ensure You are able to consume the Products before You place any Order. Please refer to our website for more information. If You have any enquiries with regards to ingredients please e-mail us at email@example.com.
19.10 BIG shall not be liable for any loss or damage or personal injury or death due to allergies or health or dietary restrictions You may have.
19.11 BIG shall not entertain any customisations to the Products.
19.12 Clause 19 shall apply to all Products offered for sale on the Site.
20. PRODUCTS FROM OUR BAKERY
20.1 Our Products from our Bakery are pork free and do not contain alcohol.
20.2 All our ingredients are of the highest quality.
20.3 All cakes are sold whole.
20.4 All Bakery products ready for collection are in perfect condition and carefully packaged.
20.5 Where necessary BIG reserves the right to substitute ingredients from time to time.
20.6 BIG shall not entertain any customisations to the Products.
20.7 All storage and consumption instructions and “eat by” dates on the Site or packaging or informed to You at time of collection are to be strictly adhered to by You. Please note in any event that all Products from the Bakery are to be consumed within 24 hours of collection.
20.8 BIG shall not be responsible for any loss or damage whatsoever howsoever arising if you do not follow the storage or consumption or “eat by” dates or instructions or if the Products from the Bakery are consumed after 24 hours of collection.
20.9 BIG shall also not be responsible if the Products are damaged whilst You are opening the packaging of the Products.
20.10 In the unlikely event of a complaint, BIG shall use its best endeavours to investigate on condition that You provide photographs of the alleged damage or defects and fulfill the conditions in Clause 20.12 below and You must return the Products in its current condition to BIG, in their original packaging to the collection venue :-
a) Immediately for Bakery Products; and.
b) For all other Products except the products from the Bakery within 24 hours of collection.
20.11 All Bakery products must be returned immediately for our investigation.
20.12 In order for BIG to investigate, BIG will need your assistance and prompt provision of information regarding the Products, including:-
a) You providing BIG with detailed information of the way in which it is alleged that the Product is damaged or defective; and
b) You providing BIG with the Collection Note and Confirmation Order and number and such other information as BIG may reasonably require;
which information must be provided at the same time when You return the allegedly damaged or defective product to BIG.
20.13 If BIG finds the complaint is valid BIG shall offer an alternative product which shall in any event be not more than the value of the original product purchased. You agree that BIG shall not be responsible for any further or other loss or damage whatsoever howsoever arising.
20.14 BIG shall not in any event be liable to make a refund or pay any compensation.
20.15 Clause 19 applies to all Products from our Bakery and is repeated here.
21. PRODUCTS DESCRIPTIONS
21.1 BIG has taken reasonable precautions to try to ensure that prices quoted on the Site are correct and that all products have been fairly described. The Order are subject to the following:-
a) Orders will only be accepted if there are no material errors in the description of the Products or their prices as advertised on this Site;
b) All prices are displayed in RM including Goods and Services Tax unless expressly indicated otherwise. As stated above, all other taxes applicable from time to time are payable in addition to the price displayed;
c) Packaging may vary from that shown on the Site;
d) The weights, dimensions and capacities shown on the Site are approximate only;
e) Whilst BIG tries to display the colours of the Products accurately on the Site, the actual colours You see will depend on your monitor and BIG cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the Products on delivery;
f) For the Products from the Bakery, description colour and taste may vary as each cake or bakery product is hand made from scratch and amongst others also depends on condition of ingredients originating from different sources;
g) Products shown may not be actual size. Any garnish, decoration, serving dishes or utensils are not included unless stated in the Products description. Where applicable the number of servings indicated is for guidance only.
22. AGE RESTRICTIONS FOR CERTAIN PRODUCTS
22.1 Certain products made available on the Site are subject to age requirements specified by law. BIG is not permitted by law to supply these products or services to individuals who do not satisfy these age requirements and, if You are underage, You shall not attempt to order these products through the Site.
22.2 If BIG receivers an Order from You, by placing the Order You confirm that You (and, if different, the recipient of the product) satisfy the age requirements necessary to buy that product.
23. BIG’S LIABILITY AND WARRANTY
23.1 BIG shall not be responsible for any loss or damage or any loss or damage to person or property or any personal injury or death which You or third party may suffer in relation to or arising out of any Order which You may place, any Product, BIG’s Intellectual Property or in relation to or as a result of You having access to or using the Site or the Products and no claims whatsoever howsoever arising shall be made by You or third party against BIG in relation thereto or connected therewith.
23.2 All terms, conditions and warranties express or implied by statute, by law, in equity or otherwise including that in respect of the quality or fitness for purpose of the Site and/or the Products are excluded from this Agreement to the fullest extent permitted by the applicable law.
24.1 You hereby covenant and agree to indemnify and keep BIG indemnified in full against all loss, damage, actions, suits, proceedings, claims, demands, liabilities, judgements costs (including all legal costs incurred by BIG on a full indemnity basis) and expenses against incurred or sustained by BIG or any third party in relation to arising out of or in connection with your access and/or use of the Site, your use of any of the Products, a breach of any of the terms of this Agreement or any act, breach, negligence or omission on your part or by reason of BIG acting on your submissions, postings or Order or relying on any submissions, postings or Order or information or financial information provided by You in the course of your use of the Site.
24.2 You also agree to defend, indemnify and keep BIG fully indemnified, against all loss damage, actions, suits proceedings, claims, demands, judgements, costs (including all legal costs incurred by BIG on a full indemnity basis) and expenses, caused by or arising out of claims based upon or arising out of or in relation to your breaches, failures, actions or inactions, including but not limited to your infringement of any applicable laws, or regulations including but not limited to payment of all taxes and obligatory fees and costs, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other members or account holders and infringement of intellectual property rights of 3rd parties.
24.3 These clauses shall survive the expiry or termination of this Agreement.
25. LAW AND JURISDICTION
25.1 This Agreement and your use of this Site shall be governed by and be construed in accordance with the laws of Malaysia.
25.2 All disputes arising out of this Agreement and your use of this Site shall be subject to the exclusive jurisdiction of the Malaysian Courts.
26.1 In the event You:-
a) Are in breach of any of the terms or conditions of this Agreement;
b) Fail to pay or observe any of the Terms and Conditions;
c) Are in breach of any representation or warranty made or deemed to be made or if any of the representation or warranty made is untrue or incorrect in any material respect;
d) If You become insolvent or bankrupt;
e) If proceedings are instituted against You seeking relief, reorganisation or rearrangement under any laws relating to insolvency or Winding Up;
f) If You have provided wrong, inaccurate, incomplete or incorrect information;
g) If your actions may or have the potential to cause any harm, damage or loss to the other users or to BIG;
h) If You assign any substantial part or all of your assets for the benefit of creditors or any arrangement or compromise is made by You with any or all of your creditors;
i) If a receiver, liquidator or trustee of any of your property or assets is appointed;
j) If your business is dissolved or is wound up;
BIG shall have the right to terminate this Agreement forthwith without prior notice to You.
26.2 Notwithstanding other legal remedies that may be available to BIG, BIG may in its sole discretion and for any reason whatsoever limit activity by immediately closing your Account or removing your listing either temporarily or indefinitely or suspend or terminate your Account, membership, and/or refuse to provide You with access to the Site without prior notice to You.
26.3 Illegal and/or unauthorized use of the Site, including unauthorised framing of or linking to the Site is prohibited for which You shall be responsible and liable for all loss and damage arising therefrom and shall bear all costs and expenses incurred including legal fees on a full indemnity basis if legal action is taken, including but not limited, civil, criminal and injunctive remedies. You also agree to fully indemnify BIG for all loss and damage which BIG shall suffer as a result of such illegal or unauthorised use or acts.
27. FORCE MAJEURE
27.1 BIG shall not be liable to You for any failure or delay on its part in performing any of its obligation or for any loss or damage whatsoever howsoever arising, charges or expenses incurred or suffered by reason of such failure or delay insofar as such failure or delay shall be occasioned by any cause beyond the control of BIG including in particular (but without prejudice to the generality of the foregoing) war, terrorism, state of emergency, insurrection, explosions, strikes or lock outs of workmen, riot or civil commotion, administrative action, rules regulations or legislation of Government, acts of God, natural disasters, enemy action, any invetiable accident, unavoidable accident, storms, foods, landslides draught, earthquake, epidemic, embargoes, health restrictions, food bans, shortage of or unavailability of ingredients or suppliers, disruptions to or failure of all utilities including water and electricity, Internet or Site shutdown or failure, software failure or glitch, hackers, virus attacks, piracy, equipment or mechanical failure and in the event of any such cause intervening, this Agreement shall stand suspended for a period of 3 days. In the event such failure or delay continues for longer than 3 days, this Agreement shall automatically terminate and neither party shall be liable to the other for any loss or damage sustained as a result thereof or arising from any event hereinbefore referred to.
28.1 No failure or delay or the part of BIG in exercising any power or right hereunder shall operate as a waiver thereof nor shall any single or partial exercise of such rights or power prelude any other or further exercise thereof or the exercise of any right or power herein.
29.1 You agree that the documents, books, records and electronic and computer records of BIG whether electronically produced or paper copies shall constitute a valid and binding record of all transactions conducted between You and BIG and You accept that such documents, books, records and computer records shall be good evidence and shall be valid and binding against You in any Court.
29.2 You further agree that all electronically generated documents including Orders and Confirmation Order and BIG emails shall be conclusive evidence against You of the transactions between You and BIG.
30. SOLE CONTRACT
30.1 This Agreement constitutes the only agreement between the parties herein with respect to the subject matters hereof and supersedes all previous negotiations, understanding and agreements, express or implied, between the parties.
31.1 In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be unenforceable, illegal or otherwise invalid under the law governing this Agreement or its performance, such unenforceability, illegality or invalidity shall not affect any other provisions of this Agreement and this Agreement shall then be construed as if such unenforceable, illegal or invalid provisions had never been contained herein.
32.1 This Agreement and the Account is personal to You and You shall not assign or sub-contract any of your rights or obligations under this Agreement or the Account to any third party.
32.2 BIG may assign, transfer or sub-contract any of BIG’s rights or obligations under this Agreement to any third party at BIG’s discretion.
33. COMMUNICATIONS FROM BIG
33.1 You agree that BIG can occasionally send You notices, information and newsletters on products, services, special deals, and promotions. If You do not wish to receive these please notify BIG by e-mail to firstname.lastname@example.org.
33.2 BIG may but shall not be obliged to send You service-related announcements when it is necessary to do so by email.
35.1 Unless otherwise expressly provided for herein or unless the meaning is manifestly contrary or repugnant to the context of the relevant clauses or the clear intention of the parties herein :-
a) Words importing the masculine gender include the feminine and neuter genders and vice versa;
b) Words applicable to natural persons include any body of persons, company, corporation, firm or partnership corporate or unincorporated and vice versa;
c) Words in the singular include the plural and vice versa, and references to plural nouns include any one of them or a combination of them;
d) The headings of each of the provisions herein contained are inserted merely for convenience of reference and shall be ignored in the interpretation and construction of any of the provisions herein;
e) The schedules and appendices annexed hereto shall form an integral part of this Agreement;
f) References to Clauses shall include reference to sub-clauses and vice versa, and are to be construed as references to clauses and sub-clauses of this Agreement unless expressly stated as otherwise;
g) References to numbers or monetary figures or value include any portion or fraction or undivided portion thereof;
h) Where any of the parties comprises more than one individual or signatory or entity, all references to that party shall include each and every individual, signatory or entity making up that party or any combination thereof;
i) All reference to provisions of statutes include such provision as modified or revised or re-enacted.
YOU ASSUME THE SOLE RISK OF MAKING USE OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE. BIG MAKES NO REPRESENTATIONS ABOUT THE MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED IN THIS SITE FOR ANY PURPOSE. ALL INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY GUARANTEE OR WARRANTY OR INDEMNITY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WHILE BIG ENDEAVOURS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION, MATERIALS, PRODUCTS AND SERVICES AVAILABLE, THE SITE MAY CONTAIN INACCURACIES, TYPOGRAPHICAL ERRORS, PRICING ERRORS OR OUTDATED INFORMATION. MOREOVER, BIG MAY MAKE MODIFICATIONS OR CHANGES TO THE SITE OR THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME. BIG IS NOT RESPONSIBLE FOR AND NEED NOT HONOUR TYPOGRAPHICAL OR PRICING ERRORS ON THE SITE; BIG RESERVES THE RIGHT TO DECLINE, REFUSE OR CANCEL ORDERS AT ANY TIME, INCLUDING BUT NOT LIMITED TO ORDERS THAT CONTAIN INCORRECT PRICES OR PRODUCT DESCRIPTIONS, ORDERS IN WHICH BIG BELIEVES YOU HAVE VIOLATED APPLICABLE LAW, AND ORDERS THAT BIG BELIEVES ARE HARMFUL TO BIG OR ITS VENDORS/SUPPLIERS/ AFFILIATES. BIG ALSO RESERVES THE RIGHT TO LIMIT THE NUMBER OF ITEMS PURCHASED OR ORDERS PLACED THROUGH THIS SITE.