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“Bigsocial” - Terms of Use

Effective: September, 2021

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is an electronic record and does not require any physical or digital signatures.

This document is published in accordance with the requirements of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that necessitate publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name [www.Bigsocial.in] including the related “mobile applications”, and also including the related “website” [www.Bigsocial.in] (hereinafter referred to as “platform”)

The “platform” is owned by RewardPoint Technologies Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at 14, Sona Enclave, Modinagar, Ghaziabad, India (hereinafter referred to as "Bigsocial" or “RTPL”). These “Terms of Use” explain how “RewardPoint Technologies Private Limited” (“BigSocial,” “Us,” “Our,”, “We” “RTPL” and ““platform””) governs the usage of this “platform”– including mobile applications, websites, social networking and media sites, online services or any of our described online activities we own or control (collectively, the “Bigsocial platform”” or just ““platform””).

Please read these Terms of Use carefully before using the “platform”. By using this “platform”, you signify your agreement to be bound by these conditions. You understand and confirm that these "Terms of Use" shall strictly govern all transactions conducted by you on the “platform”. Your use of the “platform” is governed by the ensuing terms and conditions ("Terms of Use") as relevant to the “platform” including the applicable policies which are incorporated herein by way of this document. If you transact on the “platform”, you shall be subject to the policies that are applicable to the “platform” for such transactions. By sheer use of the “platform”, you shall be contracting with RewardPoint Technologies Private Limited (RTPL) and these terms and conditions including the policies constitute your binding obligations, with “Bigsocial”.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the “platform” by providing registration data while registering on the “platform” as registered user. “Bigsocial” allows the User to browse the “platform” or making purchases without registering on the “platform”. The term "We", "Us", "Our", “Bigsocial”, “Bigsocial platform” shall mean RewardPoint Technologies Private Limited.

When you use any of the services provided by us through the “platform”, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these “Terms of Use” and shall be considered as part of these “Terms of Use”. We reserve the rights to alter, amend, change, replace, add or delete portions of these “Terms of Use”, at any time without any prior written notice to you. It is your responsibility to review these “Terms of Use” every so often for updates / changes / modifications / additions. Your continual usage of the “platform” following the posting of updates, changes or amendments implies that you admit and agree to the updates / changes / modifications / additions. As long as you comply with these “Terms of Use”, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use this “platform”.

In addition, when you use any current or future service relating to “Bigsocial”, you will also be subject to the terms, guidelines and conditions applicable to those services and associated terms. If these Conditions of Use are inconsistent with such Terms, the Terms will control.

Your “Bigsocial” account

If you use the “platform”, you are responsible for maintaining the confidentiality of your account and password and for restricting any access to your devices / computer systems / hardware to prevent any form of unauthorized access to your “Bigsocial” account. All activities including sale, purchase, posting comments / requests / answers / questions, buying vouchers and credits including usage of credits that occur under your account or password shall remain your responsibility. Please ensure that the details you provide us with are correct and inform us immediately of any changes to the information that you provided when you registering. You can access and update much of the information you provide us within your profile area of the “platform”. “Bigsocial” reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you. Transaction on the “platform” is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the “platform”. If you are a minor under the age of 18 years, you may use the “platform” or access content on the “platform” only under the supervision and prior consent/ permission of a parent or legal guardian.

As a minor if you wish to transact on the “platform”, such transaction on the “platform” may be made by your legal guardian or parents. “Bigsocial” reserves the right to terminate your membership and / or refuse to provide you with access to the “platform” if it is brought to “our” notice or if it is discovered that you are under the age of 18 years and transacting on the “platform”.

Your Account and Registration Obligations at “Bigsocial”

You agree that if you provide any information that is untrue, inaccurate, not up-to-date or incomplete or we have reasonable grounds to suspect that such information is untruthful, erroneous, not current or inadequate, or not in agreement with these Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your membership on the “platform” and refuse to provide you with access to the “platform”.

Your mobile phone number and / or e-mail address is treated as your principal identifier on the “platform”. It is your obligation to ensure that your mobile phone number and your email address is up to date on the “platform” at all times. You agree to inform us at the earliest, if your mobile phone number or e-mail address changes by updating the same on the “platform” Which shall again be verified by a One Time Password (OTP).

You agree that “Bigsocial” shall not be accountable or answerable for the activities or penalties of use or misuse of any information that occurs under your account in cases, including, where you have failed to update your revised mobile phone number and/or e-mail address on our “platform”. If you share or allow others to have access to your account on the “platform” (“Account”), by creating separate profiles under your Account, or otherwise, they will be able to view and access your account information. You shall be solely liable and responsible for all the activities undertaken under your Account, and any consequences therefrom.

Marketplace Communications

When you use the “platform” or send emails, requests or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

You also agree, understand and acknowledge that you are accessing the “platform” that enables you to purchase discount vouchers listed on the “platform” at the price indicated therein at any time from any location. You further agree and acknowledge that “Bigsocial” is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the “platform”. Accordingly, the contract of sale of vouchers on the website shall be a strictly bipartite contract between you and the service providers on “Bigsocial” or its online marketplace “platform”.

Access to Bigsocial.in or its “platform”

We will do our best to ensure that availability of the online “platform” or website or applications will be uninterrupted and that transmissions will be without errors. However, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or while introducing new features or services at any time without any prior notice. We will however make reasonable attempts to limit the occurrence of such events.

Use of “Bigsocial” or the “platform””

Throughout these Terms of Use, Bigsocial's prior written consent means a communication coming from Bigsocial's authorized Departments. You agree, undertake and confirm that your use of “platform” shall be strictly governed by the following binding principles:

You will not solicit gambling or engage in any gambling activity which we, in our sole discretion, believe is or could be construed as being illegal.
You will not interfere with another USER's use and enjoyment of the “platform” or any other individual's User and enjoyment of similar services.
You will not harm minors in any way.
You will not impersonate another person.
You will not share any information that infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity; engage in commercial activities and/or sales without our prior written consent.
You shall not use any "deep-link", "page-scrape", "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 “platform” or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the “platform” or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the “platform”. We reserve Our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the “platform”, or any other systems or networks connected to the “platform” or to any server, computer, network, or to any of the services offered on or through the “platform”, by hacking, password "mining" or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the “platform” or any network connected to the “platform” nor breach the security or authentication measures on the “platform” or any network connected to the “platform”.
You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to “platform”, or any other customer, including any account on the “platform” not owned by you, to its source, or exploit the “platform” or any service or information made available or offered by or through the “platform”, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the “platform”.
You shall not make any negative, demeaning or offensive statement(s) or comment(s) about us or the brand name or domain name used by us including the terms Bigsocial, RewardPoint, Bigsocial.in, or otherwise engage in any conduct or action that might tarnish the image or reputation, of “Bigsocial” or “service providers” on the “platform” or otherwise tarnish or dilute any Bigsocial's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.
You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the “platform” or Bigsocial's systems “Bigsocial” networks, or any systems or networks connected to “Bigsocial”.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the “platform” or any transaction being conducted on the “platform”, or with any other person's use of the “platform”.
You may not use the “platform” or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of “Bigsocial” and / or others.

Use of the “platform”” for Transactions

The “platform” is a digital marketplace that buyers / users and service providers utilize to meet and interact with one another for their transactions. “Bigsocial” is not and cannot be a party to or control in any manner any transaction between the Users. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Indian laws, rules and regulations (including the provisions of any other Regulations in Force) and business compliances, Statutes and Regulations. You shall not engage in any transaction, which is prohibited by the provisions of any applicable law. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the “platform”) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or summons. In addition, we can (and You hereby expressly authorize Us to disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

Henceforth:

All commercial/contractual terms are offered by and agreed to between Buyers and “service providers” alone. The commercial / contractual terms include without limitation cost of providing the services, payment methods, payment terms, date, period and mode of delivery, warranties, service quality and outcomes, risks and benefits related to services. “Bigsocial” does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and service provider. All discounts, offers are by “service providers” and not by “Bigsocial”.

Buying a Discount Voucher by a Buyer on the “platform” is an offer to avail the service(s) in question by the Buyer at some pre-decided discounts by the service provider and it shall not be construed as “service provider’s” acceptance of Buyer's offer to consume the service for which the discount voucher has been bought. The service provider retains the right to cancel any such order placed through buying a voucher by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email / SMS or in person at the time appointment or prior to scheduling any appointment. Any transaction price paid by Buyer in case of such cancellation by service provider (purchase of a discounted voucher), shall be refunded to the Buyer after statutory or third-party payment deductions, if any. Further, the service provider may cancel a service wherein the scope of work or inclusions of the service exceed the scope or inclusions of listed service in the offer or the voucher. At the time of buying the voucher, the buyer is expected to go through the inclusions of the service in question to get a fair idea on the scope of work committed by a service provider through the voucher. The voucher typically carries a pricing that is pre-negotiated or pre-decided & needs to be paid by the buyer to the service provider at the time of appointment or billing as per the billing terms of the service provider.

“Bigsocial” does not make any representation or Warranty as to specifics (such as outcome, quality, results etc of services proposed to be sold, consumed or offered to be sold or purchased on the “platform” directly or indirectly through a voucher. “Bigsocial” does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the “platform”. “Bigsocial” l accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

“Bigsocial” is not responsible for any non-performance or breach of any contract entered into between Buyers and service provider. “Bigsocial” cannot and does not guarantee that the concerned Buyers and/or “service providers” will perform any transaction concluded on the “platform”. “Bigsocial” shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and “service providers”.

“Bigsocial” does not at any point of time during any transaction between Buyer and service provider on the “platform” come into or take possession of any of the services offered by service provider nor does it at any point gain title to or have any rights or claims over the services offered by service provider to Buyer.

At no time shall “Bigsocial” hold any right, title or interest over the services nor shall “Bigsocial” have any obligations or liabilities in respect of such contract entered into between Buyers and “service providers”. “Bigsocial” is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of “service providers” unavailability.

“Bigsocial” is only a “platform” that can be utilized by Users to reach a larger base of “service providers” to buy services. “Bigsocial” is only providing a “platform” for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the service provider and the Buyer.

Services offered by ““service providers” may / may not have / have differing GST implications. Accordingly, invoices shall be issued to you by the service providers. However, the GST invoices for coded discounted vouchers that you buy on the “Bigsocial “platform” shall be issued by “Bigsocial” to you upon request. You can request an invoice for the voucher that you buy from the My Vouchers / Orders section. “Bigsocial” and service provider shall not entertain any request for any revision in the GST Invoice. “Bigsocial” and service provider shall not entertain any request for any revision in the GST Invoice. “Bigsocial” and service provider shall not be liable for your default including for reasons associated with details provided by you to us.

Purchases on the “platform” must only be for end consumption. Users must not use services purchased on the “platform” directly or indirectly through vouchers for any commercial, promotional, resale or further distribution purposes.

“Bigsocial” and service provider shall not entertain any request for any revision in the GST Invoice. “Bigsocial” and service provider shall not be liable for your default including for reasons associated with details provided by you.

You shall be solely liable for all compliances required under applicable laws

You agree to indemnify and hold “Bigsocial” and its partner service provider harmless from all losses, claims, costs, expenses, suits, proceedings, or any other liability including any third-party claims (including any penalties imposed by governmental authorities) arising out of voucher’s use / redemption.

“Bigsocial” has the right to not allow purchases on the “platform” to you if a fraudulent activity is identified.

“Bigsocial” and its partner “service providers” reserve the right to not issue Tax Invoice or issue a credit note against an already issued Tax Invoice to cancel the transaction, if any fraudulent activity is identified.

You shall independently agree upon the manner and terms and conditions of delivering the services to you, payments, insurance etc. with the service provider that you transact with.

Pricing on any vouchers or services listed on the “platform” or as is reflected on the “platform” may sometimes due to some technical issue, typographical error may be incorrectly reflected and in such an event service provider or “Bigsocial” may cancel the voucher. However, if the voucher gets cancelled, refunds shall be provided as per the applicable refund rules.

Use of “Bigsocial” or “Bigsocial’s platform”” for Communications & Feedbacks

We reserve the right, but have no obligation, to monitor the materials posted on the “platform”. “Bigsocial” shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the “platform” and in your private messages.

Please be advised that such Content posted does not necessarily reflect “Bigsocial” views. In no event shall “Bigsocial” assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the “platform”. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the “platform”, including payment and delivery of related services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be accountable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the “platform”.
It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the “platform” and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the “platform”, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the “platform”, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the “platform”. Please carefully select the type of information that You publicly disclose or share with others on the “platform”.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third-party user generated content and “Bigsocial” has no control over such third-party user generated content as “Bigsocial” is merely an intermediary for the purposes of this Terms of Use.
Except as expressly provided in these Terms of Use, no part of the “platform” and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, “platform” or other medium for publication or distribution or for any commercial enterprise, without Bigsocial's express prior written consent.
You shall be responsible for any notes, messages, emails, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the “platform”. Such Content will become Our property and You grant us the worldwide, perpetual and transferable rights in such content.
We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us and you are not entitled to any payment or other compensation for such use.
Some content offered on the “platform” may not be suitable for some viewers and therefore viewer discretion is advised. Also, some content offered on the “platform” may not be appropriate for viewership by children. Parents and/or legal guardians are advised to exercise discretion before allowing their children and/or wards to access content on the “platform”.

Terms of Sale

By purchasing any Offer, deal and / or service or participating in any other available programs via the “Bigsocial”, you agree to the Terms of Use, including, without limitation, the Terms of Sale specified herein below. These Terms of Sale form part of the overall Terms of Use of the “platform””, and are to be read in consonance with mobile applications, websites, “platform’s, micro-websites or social media accounts owned by “Bigsocial”.

Pertaining to the Vouchers / Offers / Services / Deals listed on “Bigsocial” or the “platform”:

All vouchers have an expiry date or “valid till date” mentioned on the Voucher. The Voucher will expire on this date and cannot be redeemed.
Vouchers cannot be combined with other offers unless specifically specified.
Redeeming the voucher code is mandatory to avail an offer / service / deal.
Booking, reservations and amendments are subject to availability.
In case there is / are a standing policy / policies / rules regarding dress code, attire, language, ethics or suitability to redeem the Voucher at a Service Provider’s or a merchant’s Establishment, the Customer or the User shall have to abide by the same.
Voucher must be redeemed in a single visit unless specified otherwise.
All local / national laws and rules, consumption of intoxicants etc. that apply to regular customers, apply to “Bigsocial” voucher holders too.
The merchant or the service provider is solely responsible for the taxes levied / to be levied on the services for providing the Tax Invoice to the users / customers against the services rendered.
In case of cancellation or transactional failure, Voucher code, if generated shall not be valid for cashback or redemption.
Drinks can only be redeemed only after due verification of the customer (including age proof and as per the legal drinking age set by the respective state, Government issued valid Photo ID Proof etc., if required).
Drinks will be served on valid offer days, except dry days. Please check local dry day listings before availing the offer.
In case of medical, fitness, physiotherapy, health, wellness or surgical services or procedures (whether invasive and non-invasive ones) or services that require manual manipulation, massage, manoeuvres, or are of invasive / non-invasive nature or require use of any special technology including, but not limited to LASERs, transmitting waves or energy, transmitting currents like ECG, EEG or procedures or services involving radiation or nuclear medicine services, light or electric waves or injecting with drugs or anaesthetic or chemotherapeutic agents, abraders, chemical agents etc, “Bigsocial” does not take responsibility for any medical complications that arise during or post the treatment / service. We strongly advise our users to take all necessary precautions/ consultations before availing health or medical services.

Terms of Purchase and Redemption of Vouchers on “Bigsocial”:

Voucher means an instrument, in either physical or electronic form, present in the form of alphanumeric code or numeric code or QR code containing the terms of the Offers/ Deal which entitles the holder of such Voucher (the “Voucher Holder”) to receive the Merchant Offers from the Merchants of “Bigsocial”, to be used on or before the use by date stated on the Voucher (the “Voucher Expiry Date”). The code on the voucher is confidential and needs to be only shared with the designated Merchant / Service provider or the designated Merchant’s / Service Provider’s authorized representatives. Sharing with merchants is only for the purposes of redeeming the voucher. You have the complete responsibility of keeping the voucher code safe for redemption.
The Merchant Offers shall mean the products and / or services to be provided by the Merchant to the respective Voucher Holder, as specified on Bigsocial’s Website/ Mobile Application and the Voucher.
The Merchant is a third party unrelated to “Bigsocial” that sells, supplies and/ or provides the listing of services / Offers on “Bigsocial” Website or its mobile applications. “Bigsocial” displays the Merchant Offers on its Website or Mobile Applications and acts as a marketplace. Once a User makes a purchase of the Merchant Offer on “Bigsocial” Website or its mobile applications, “Bigsocial” provides you with a coded Voucher which will enable you to avail the Merchant Offer by redeeming the voucher you have bought at the time of availing the service or prior to it as the case may be depending on the nature of the service being consumed / offered.
In order to purchase and redeem “Bigsocial” Vouchers, the User shall be required to create an account on the “Bigsocial” Website or Mobile Application / “platform”. This is required so that we can provide you with easy access to your orders or view your past purchases.
By making a purchase and/ or redemption of Merchant Offer listed on the Website or Mobile application, you get a “Bigsocial” Voucher which enables you to avail the Offer which you have selected based on “Bigsocial” Standard Terms of Use and Conditions, institution-specific restrictions and on these Terms of Sale.
When you go through the procedure for purchasing a Voucher, you are required to accept the specific Terms of Sale before making payments. Once “Bigsocial” has either received the amount due from the Customer for Merchant offer (by Debit Card or Credit Card or Net Banking or UPI or other acceptable modes of payment) or has received the confirmation of the transaction by its payment gateway partner(s) by way of an Order ID, the transaction is considered complete, and at this stage, “Bigsocial” will send message by SMS to you confirming the transaction (which is our acceptance of the transaction) along with details of the voucher and the redeemable code associated with the voucher.
If you wish to cancel your voucher, you may do so by visiting the ‘Vouchers’/ My Orders’ section on our mobile applications / website, choose the voucher you wish to cancel and request for cancellation. Alternatively, you can send an email at support@bigsocial.in to inform “Bigsocial” of your intention to cancel the Voucher. The request for cancellation shall be denied if the vouchers are non-cancellable vouchers or if the vouchers have been found to be redeemed.
All “Bigsocial” Vouchers shall be subject to the standard terms and conditions and specific terms and conditions (as mentioned on the Offer). “Bigsocial” Vouchers are issued on behalf of the Merchants and only such Merchants, to the exclusion of “Bigsocial”, shall be responsible for any and all injuries, illnesses, damages, charges, expenses, claims, liabilities and costs suffered by or in respect of a Customer, caused in whole or in part by the Merchants or which arises out of the products and/ or services provided by the Merchants, as well as for any unclaimed property liability arising from unredeemed Vouchers.
Any purchase of a Voucher is for your non-commercial, personal use only (although you may give / gift the Voucher to someone else for their non-commercial, personal use).
You promise not to provide false data including false names, addresses and/ or contact or payment details; or engage in any unlawful activity in connection with the purchase or use of a Voucher, or allow/ encourage anyone else to do so.
Any attempt to redeem a Voucher contrary to these Terms of Sale may render a Voucher null and void at our discretion. A voucher can be redeemed only at the merchant specified in the voucher. If a merchant is unable to redeem a voucher due to any reasons including internet failure, technical failure etc., the merchant can request authorised representatives of “Bigsocial” to redeem the voucher, in which case, we can redeem the voucher for that merchant. Any voluntary or intentional attempt to redeem a voucher at unspecified merchants or unauthorized merchants will be construed as breach of trust between “Bigsocial” and the user. In such cases, “Bigsocial” can initiate any legal or disciplinary action against such users as appropriate to the offence after initiating relevant investigations into the circumstances that lead to such an attempt.
The imitation and reproduction of a Voucher is strictly prohibited.
The commercial trade of a Voucher is also strictly prohibited.
Descriptions of the Offers, deals, services listed on the Mobile Applications or websites or “platform”” are provided by the Merchants / Partner Service providers. “Bigsocial” is not responsible for any claims associated with the description of the Merchant Offers, deals or services. Pricing relating to certain offers, deals and services, and other available programs on the website and Mobile Application may change at any time in Bigsocial’s sole discretion without notice. Thus, it is advisable to go through the policies before making any purchase or redemption on our website or Mobile Applications.
“Bigsocial” is not a service provider and does not, will not and cannot refer, recommend or endorse any specific professional, services, products or procedures that are advertised on its Website and Mobile Applications. The Website and / or Mobile Application is not a substitute for professional advice, including, without limitation, medical advice, diagnosis or treatment. We recommend all our users to seek medical advice for any questions regarding a health condition. We request all our users to never neglect to seek out or delay or disregard professional advice relating to your health because of something you have read on the Website or Mobile Application.
“Bigsocial” may, in its sole discretion, verify a user’s identity prior to processing a purchase.
“Bigsocial” may also refuse to process a purchase, may cancel a purchase, or may limit quantities, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Sale. Refunds for cancelled orders may be issued where appropriate.
If an offer becomes unavailable between ordering and processing, “Bigsocial” will either cancel or not process the order and may notify you by email accordingly. Refund shall be processed by the original mode of payment as was used while ordering, buying the voucher or booking by the Customer.
“Bigsocial” does not guarantee that it offers best available prices and does not guarantee against pricing errors.
“Bigsocial” reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly made available on the Website or Mobile Application. If this occurs, “Bigsocial” may attempt to notify you by email. In addition, “Bigsocial” reserves the right, in its sole discretion, to correct any error in the stated retail price of the Merchant Offers or Product as agreed and provided by the Merchant.
Some services or products for which “Bigsocial” Voucher(s) can be redeemed are activities that involve potential bodily harm (such as different forms of adventure sports and activities.), and for those activities “Bigsocial” takes no responsibility for the service or activity being offered, and the User / Customer takes entire responsibility for his or her own actions in utilizing the services or products for which the “Bigsocial” Voucher can be purchased or redeemed.
The “platform” including websites, mobile applications, is only an intermediary (“platform”) which facilitates promotion of various Offers offered by Merchants, on their respective services and products by way of offering discounted vouchers.

Terms of use of “Bigsocial” Credits:

To check your “Bigsocial” Credits balance, check your ‘My Transactions’ page.

You can directly purchase a voucher by making the payment through any of the available payment instruments on the payment pages. In case, you already have “Bigsocial” Credits available in your account, you can use those available “Bigsocial” credits (all or none) to complete your purchase. Upon redeeming the purchased vouchers, you may be eligible for certain cashbacks. Cashbacks will be credited into your “Bigsocial” account as “Bigsocial” Credits at the time of voucher redemption. You can make use of these credits for subsequent purchases on the Bigsocial “platform” or gifting them to another known user.

You may be eligible to buy credits on the “platform” to use them for voucher purchases or to make payments at “select” merchants. The credits you buy get added into your “Bigsocial” account. Credits you buy on the Bigsocial “platform” cannot be refunded back into your bank account. They can only be used on the “platform”, “Bigsocial” websites or mobile applications. You can also use your credits received to enable another user to buy a service / voucher on Bigsocial’s mobile applications or websites only, by gifting them the credits you own on the “Bigsocial platform”. This is however subject to availability of the feature on the application or the website. You can, likewise, make payments to partner merchants or service providers, listed on the “Bigsocial” or “platform” only, using your “Bigsocial” Credits. Features related to Gifting the Credits to another user or making payments using credits are limited only to transactions within a closed system of “Bigsocial” app and websites, that is, only to merchants or service providers who have formally partnered with “Bigsocial” to accept payments by way of “Bigsocial” credits.

If you have “Bigsocial” credits in your “Bigsocial” account, you can choose to apply the same at the time of completing your purchase with “Bigsocial” and your payment amount shall be accordingly reduced with the number of available & applied credits (1 Credit = 1 INR). This is however, subject to the following exceptions:

“Bigsocial” Credits can be applied only to a qualifying Offer, i.e., an Offer, for payment of which, “Bigsocial” Credits can be applied.
“Bigsocial” may from time to time provide for Credits’ inapplicability or partial applicability or modify or disable the option to apply “Bigsocial” credits on certain Offers and the details of the same shall be provided on the Offer Page.
If you cancel a purchase or a voucher that you have bought using the credits, the refund will be provided in the form of credits only. The payment done by other sources will be refunded back to those original sources of payments only, after making necessary deductions, if applicable.

Cashback: Whenever, you receive a cashback, you receive certain credits in you “Bigsocial” account. You can use those cashback credits to make purchases on the “platform”. Any Credits received as Cashback, cannot be requested to be liquidated by you by way of any bank transfers into your bank accounts. “Bigsocial” will, under no circumstances, be able to convert that cashback credits received into money in your account.

Cancellations & Refunds:

Vouchers you buy can be cancelled. In case of a voucher for Services, once we issue you the Voucher, you may request for a cancellation of the voucher at any time before the validity expiry mentioned on the voucher. You can cancel a voucher within a specified timeframe. To cancel a voucher, you can visit the “My Vouchers / Orders” page and choose the voucher which you wish to cancel. To proceed with cancellation, you can then send a cancellation request by choosing the Request Cancellation option available on the voucher. We will cancel the voucher upon receiving your voucher cancellation request and issue applicable refunds within a specified timeframe upon successful cancellation. You will be notified upon cancellation through SMS or notification on your app or through an email or telephonic means. Alternatively, you can send an email at support@bigsocial.in to inform us of your intention to cancel the Voucher. The request for cancellation shall be denied if the vouchers are non-cancellable vouchers or if the voucher in question is found to be already redeemed.

All refunds are processed in the respective original sources of payments. If you accept the refunds in the form of “Bigsocial” credits, no deductions would be made. Other modes of refunds in original source of payment (excluding “Bigsocial” wallet), will attract a cancellation fee of 2.5% on the refund transaction amount that would be deducted upfront at the time of issuing the refunds. The refunds once processed take about 1-7 working days to start reflecting into the original “Source” of payment. Refunds processed as “Bigsocial” Credits immediately get reflected within the app.

Privacy

We view protection of your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at Privacy Policy.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is rationally necessary to reply to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is rationally necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or defend the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

Payments

While availing any of the payment methods available on the “platform”, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

Lack of authorization for any transaction, or
Exceeding the pre-set limit mutually agreed by You and between "Banks", or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reasons

All payments made against the purchases/services on “platform” by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. “platform” will not facilitate transaction with respect to any other form of currency with respect to the purchases made on “platform”.

Before providing any service to you, a “service provider” may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe shopping environment to Our Users.

Further:

You have specifically authorized “Bigsocial” or its “service providers” to collect, process, facilitate and remit payments and / or the Transaction Price electronically to and from other Users in respect of transactions through Payment Facility. Your relationship with “Bigsocial” is on a principal-to-principal basis and by accepting these Terms of Use you agree that “Bigsocial” is an independent contractor for all purposes, and does not have control of or liability for the services that are listed on its “platform” that are paid for by using the Payment facility. “Bigsocial” does not guarantee the identity of any User nor does it ensure that a Buyer or a “service provider” will complete a transaction.

You understand, accept and agree that the payment facility provided by “Bigsocial” is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through sale of vouchers, collection and remittance facility for the Transactions on the “Bigsocial” “platform” using the existing authorized banking infrastructure and payment gateway networks. Further, by providing Payment Facility, “Bigsocial” is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

Force majeure

“Bigsocial” shall not be responsible for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond our control, including, without limitation, acts of any the user, ban or other Legislative / administrative / governmental act, regulation or entreaty, fire, explosion, accidents, theft, riot, processions, strikes or any other difficulties, heavy rains, flood, windstorm or other natural calamities.

Disclaimer of Warranties and Liability

This “platform”, all the materials, information and products (including but not limited to software) and services, included on or otherwise made available to you through this “platform” 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, “Bigsocial” does not warrant that:

This “platform” will be constantly available, or available at all; or
The information on this “platform” is complete, true, accurate or non-misleading.
“Bigsocial” will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the “platform”. “Bigsocial” does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to you through the “platform”; their servers; or electronic communication sent from us are free of viruses or other harmful components.
All the vouchers sold on “platform” are expected to be redeemed. In situations, where and if a “service provider” is unable to deliver a service that is listed on the voucher purchased by the user, for whatsoever reasons, the user will be eligible for refunds. The refunds process shall start upon a user’s request for cancellation in such a case. Refunds shall be processed as per the applicable policies from time to time.

You will be required to enter a valid phone number while placing an order or buying a voucher on the “platform”. By registering your phone number with us, you consent to be contacted by us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication.
If “Bigsocial” has any suspicion or knowledge that any of its buyers are involved in any activity that is intended to provide claims or information that is false or not genuine, “Bigsocial” may also, while reserving its rights to initiate civil and/or criminal proceedings against such member buyers at its sole discretion, suspend, block, restrict, cancel the membership of such buyers or disqualify that user from using this “platform”.
“Bigsocial” reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, “Bigsocial” may at its sole discretion suspend, block, restrict, cancel the membership of such user and/or disqualify that user. Any person / user / entity who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
This “platform” will be constantly available, or available at all; or
The information on this “platform” is complete, true, accurate or non-misleading.
“Bigsocial” will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the “platform”. “Bigsocial” does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the “platform”; their servers; or electronic communication sent from us are free of viruses or other harmful components.
Buyer's arrangement with Issuing Bank:
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
In no event shall “Bigsocial” or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any:
- Any errors or omissions in any data, content, information, materials or substance of the website or mobile application or submitted content;
- Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website or mobile application by any third party;
- Access to or use of the website or any services offered by any service professionals or merchants or individuals via the website or mobile application, including services provided pursuant to an agreement formed independently of the website or mobile application, whether or not an agreement for service formed via the website or mobile application is in effect;
- Errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the website or mobile application or submitted content;
- Any unauthorized access to or use of our secure servers and/ or any and all personal information and/ or financial information stored therein;
- Any interruption or cessation of transmission to or from the website or mobile application;

You further acknowledge and agree that “Bigsocial” shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from or relating to any contract between website or mobile application users entered into independently of the website or mobile application.
The website or mobile applications may contain links to third-party websites that are not owned or controlled by “Bigsocial”. “Bigsocial” does not have any control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, “Bigsocial” will not and cannot censor or edit the content of any third-party site.
By using the website, you expressly relieve “Bigsocial” from any and all liability arising from your use of any third-party website. Accordingly, please be advised to read the terms and conditions and privacy policy of each third-party website that you visit, including those directed by the links contained on the website or mobile application. Neither “Bigsocial” nor you shall be liable to the other for any delay or failure in performance under the terms of use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

Contact Us:

In accordance with the Information Technology Act, 2000, and the Rules made thereunder, if you have any questions regarding our Terms of use, you may contact our Support Team at the details mentioned below:

Name: RewardPoint Technologies Private Limited

Address: 14, S Enclave, Modinagar, Ghaziabad (UP). PIN: 201204.

E-mail: support@bigsocial.in

Business Hours: Monday to Friday (09:30 Hrs to 18:00 Hrs)