Terms and Condition:

 

   1.      The terms Bigomarket and Bigomarket.com are used in this document (or Agreement) to refer to the Web site itself and to NGBM Solutions Ltd., the company which owns and operates the Bigomarket website.

 

   2.      Bigomarket.com, or Bigomarket, is an online Marketplace that connects its members through a variety of services that it provides to its members. This document covers the terms and conditions under which these services are provided and the privacy policy of the site.

 

   3.      Services we provide: Product and Services trading platform with advanced search features among categories, worldwide listing, with items and jobs posting for both members and companies.

 

   4.      Your registration as a member of Bigomarket or the use of any of the features and services on Bigomarket either as a registered member or as an unregistered visitor constitutes acceptance of these terms and conditions and the privacy policy defined herein. These terms and conditions apply automatically to any new services or features introduced on Bigomarket.

 

   5.      If you do not agree with any of the terms and conditions or with the privacy policy of Bigomarket, you are NOT granted rights to use Bigomarket services and must not register as a member of Bigomarket or use any of its services.

 

   6.      Bigomarket reserves the right to update the terms, conditions and notices of this agreement without notice to you. It is your responsibility to periodically review the most current version of this Agreement as your continued use of Bigomarket signifies your acceptance of any changed terms.

 

   7.      This Agreement constitutes the entire agreement between you and Bigomarket and governs your use of the Bigomarket Service, superseding any prior agreements between you and Bigomarket.

 

   8.      Bigomarket is entitled to assign this agreement, and all rights and obligations hereunder, to a successor to all or any of its assets, whether by sale, merger or otherwise. These terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.

Terms of Use:

 

   1.      Website just a platform. Website is just a platform/electronic medium to interact and exchange information for buying, selling and other business services by way of locating companies and businesses to trade with.

      We would like to clarify that we do not take any part in the actual transaction that takes place between the buyers and sellers and as a result we are not a party to any sale contract that arises there in. All transactions will be the responsibility of the members only. By this agreement we would like to notify that we should not be deemed to create any partnership, joint venture, or other business relationship between Bigomarket and other parties.

 

   2.      Eligibility. Users must be persons or business entities that are eligible and allowed to enter into legally binding contracts. Users who are Òincompetent to contactÓ within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the ÒserviceÓ of Bigomarket. The ÒServiceÓ is not available to users whose membership has been suspended and/or terminated by Bigomarket. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement.

 

   3.      Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Resign pages in Account Settings, or upon receipt by Bigomarket.com of your written or email notice of termination. Bigomarket.com may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Bigomarket.com. If Bigomarket.com terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections of this Agreement.

 

   4.      Commercial Use by Members. The Website is for the personal use of both Companies and Individual Members only and may be used in connection with any, and all, commercial endeavors. Organizations, companies, and/or businesses may become Members and are able to use the Service or the Website for any purpose of their business nature. Illegal and/or unauthorized uses of the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

 

   5.      Amendment to Agreement. Bigomarket may change, modify, amend, or update this agreement from time to time without any prior notice to user(s) and member(s) and the amended and restated terms and conditions of use shall be effective immediately from the date of posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the service will signify your acceptance of the changed terms.

 

   6.      Proprietary Rights in Content on Bigomarket.com. Bigomarket.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Bigomarket.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

 

   7.      Content Posted on the Site.

 

          * You understand and agree that Bigomarket.com may review and delete any content or photos or pages (collectively, "Content") that in the sole judgment of Bigomarket.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members/visitors.

 

          * You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to Members/visitors.

 

          * By posting Content to any public area of Bigomarket.com, you automatically grant, and you represent and warrant that you have the right to grant, to Bigomarket.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

 

          * The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Bigomarket.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators.

 

          a) Is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

          b) Harasses or advocates harassment of another company or person; (this is not to be construed with being competitive with competing companies.)

          c) Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.

          d) Promotes an illegal or unauthorized copy of another personÕs copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.

          e) Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page).

          f) Contains nudity or links that lead to anything of a pornographic nature.  

          g) Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.

          h) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someoneÕs privacy, or providing or creating computer viruses.

          i) Solicits passwords or personal identifying information for commercial or unlawful purposes from other users.

 

      

 

    *    You must use the Service in a manner consistent with any and all applicable laws and regulations.

 

    * You understand that you may include any telephone numbers, street addresses, last names, URLs or email addresses in your Member page.

 

    * You may engage in advertising to, or solicitation of, other Members/visitors to buy or sell any products or services through the Service.

 

   8.Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf. Bigomarket.comÕs Copyright Agent for notice of claims of copyright infringement can be reached as follows: General Counsel, Bigomarket.com C/o Copyright Agent, 8358, L.R.House, Model Basti, Near Filmistan Cinema, Delhi - 110006.

 

   9.Member Disputes. Only provided for Service Trades.

 

   10.Privacy. Please check our privacy policy for details.

 

   11.Disclaimers. Bigomarket.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members/visitors or by any of the equipment or programming associated with or utilized in the Service. Bigomarket.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member/visitor of the Service. Bigomarket.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Bigomarket.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other persons computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Bigomarket.com be responsible for any loss or damage, including personal injury or death, resulting from anyoneÕs use of the Website or the Service, any Content posted on the Website or transmitted to Members/visitors, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Bigomarket.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Bigomarket.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

 

   12.Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Bigomarket.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Bigomarket.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Bigomarket.comÕs liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Bigomarket.com for the Service during the term of membership.

 

   13.Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the law courts of New Delhi, Delhi, India, will govern the dispute.

 

   14.Indemnity. You agree to indemnify and hold Bigomarket.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

 

    15. Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Bigomarket.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

 

 

FOR SERVICE TRADING PLATFORM

 

Bigomarket.com shall provide services to both Professionals and Companies. "Professionals," as used in this Agreement, means individual professionals ("Individual Professionals") or vendors operating as corporations, partnerships or limited liability companies ("Corporate Vendors") with specific skill sets that are looking for part time and/or consulting opportunities.

 

A. Bigomarket.com facilitates the preparation of "Invoices" (as defined later) by Professionals, submits such Invoices to you and other Companies on behalf of Professionals, collects the "Payment" (as defined below) and remits the Payment (less a Service Charge) to the applicable Professional ("Billing and Payment Services"). The Billing and Payment Services shall be provided to Registered Users via the Bigomarket.com Web Site and shall be in the form deemed appropriate by Bigomarket.com from time to time. Bigomarket.com may add, delete, or modify some or all of the Services at any time. We do not control the actual transactions between Professionals and Companies. Accordingly, we do not set or endorse: (i) the price, contract terms, quality, conformance or legality of the services or jobs advertised or offered; (ii) the ability of Companies to offer employment or any other type of working relationship; or (iii) the ability of Professionals to offer services and/or perform accordingly. We cannot and do not control whether any Company will complete the payment they offer. We are not responsible for any transaction and/or contact, or the result of any such transaction and/or contact made by and between Registered Users. From time to time, we will provide features and services which either are or shall be set forth in separate sections of the Web Site, which are subject to the terms of this Agreement, but are also subject to the additional terms and pricing specified on the Web Site. With respect to these features and services provided on our Web Site, you will be charged, and agree to pay us any fees, as set forth in separate sections of the Web Site detailing such features and services.

 

B. You hereby acknowledge that, your contract or agreement to obtain services and make payments is an agreement between you and a Professional. If it is determined by a court of competent jurisdiction that a contract exists between a Professional you have engaged and Bigomarket.com for the Professional to provide any services pursuant to an Assignment, you hereby expressly agree to indemnify Bigomarket.com for any and all liability, under a theory of contract or any related legal obligation, for any amounts owed to a Professional you have engaged through the use of, or arising out of, our services.

 

C. (i) At your request, Bigomarket.com will accept an advance payment from you for a ProfessionalÕs services, provided that you have accepted such ProfessionalÕs bid for a job you posted (ÒEscrow ServiceÓ). We will hold such funds (ÒEscrowed FundsÓ) until you and the Professional you have retained agree that the funds should be released to the Professional or until you and the Professional have concluded the process of the Dispute Resolution Services. You acknowledge that, while Escrowed Funds will be kept in a separate account from our internal funds, such Escrowed Funds will exist in a pooled fund together with other funds escrowed with us by other Companies.

 

(ii) After you indicate your approval of a ProfessionalÕs work product given to you in response to your job posting and such ProfessionalÕs bid (ÒDeliverablesÓ), such approval to be made through the Web Site, we will disburse the Escrowed Funds to such Professional. If you do not approve of the Deliverables, you agree to be bound by the terms of below, relating to dispute resolution.

 

(iii) If, for any reason, you or a Professional request Dispute Resolution Services through the Web Site with regard to any job posting, Deliverable or payment therefore, we will notify both you and such Professional that the matter will be addressed through the Dispute Resolution Services.

 

(iv) By using Bigomarket.com for the Escrow Services, you expressly acknowledge that Bigomarket.com is not acting in a fiduciary capacity for either you or a Professional. You agree and acknowledge that the Escrow Services are being provided to Registered Users administratively.

 

D. (i) Bigomarket.com offers dispute resolution services (ÒDispute Resolution ServicesÓ) only to those Registered Users that have elected to use the Escrow Service and who are engaged in a dispute over a Deliverable that is (i) pursuant to a job posting by a Company through the Web Site, (ii) pursuant to a bid for by a Professional through the Web Site for such job posting and (iii) pursuant to an acceptance through the Web Site by the Company for such bid. You understand that the Dispute Resolution Services are being provided to you administratively as a benefit of using the Web Site and the Escrow Services. You agree and acknowledge that (i) Bigomarket.com is not providing legal services to you or to a Professional, (ii) Bigomarket.com will not advise you regarding any legal matters and (iii) if you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on Bigomarket.com for any such counsel. You agree to indemnify and hold harmless Bigomarket.com and any of our affiliates against any damages or liability you may suffer as a result of using the Dispute Resolution Services. If you do not agree to use this Dispute Resolution Services under these terms, you should not elect to use the Escrow Services.

 

(ii) In the event of any dispute between you and a Professional relating to a Deliverable, you agree to mediate such dispute in good faith before Bigomarket.com for a period of twenty (20) business days. Such twenty-business day period shall be deemed to have begun the day that you or a Professional requests Dispute Resolution Services through the Web Site. If the result of such mediation is acceptable to both you and to a Professional with which you are engaged in a dispute, you agree to indicate your approval of such mediation through the Web Site and Bigomarket.com will disburse Escrowed Funds in accordance with the results of such mediation. If you are dissatisfied with the progress, or if twenty (20) business days have lapsed since you have notified Bigomarket.com of a dispute between you and a Professional, you agree to submit your dispute to binding arbitration as further set forth below.

 

(iii) Bigomarket.com, or any third-party to which Bigomarket.com may refer a dispute in its sole discretion, shall serve as the arbitrator in any dispute between you and a Professional which cannot be resolved through the mediation process described above. You acknowledge and agree that Bigomarket.com will only consider the Deliverables Agreement (as defined below) entered into between you and Professional through the Web Site. For purposes of Dispute Resolution Services, the (ÒDeliverables AgreementÓ) shall include your original job posting, a ProfessionalÕs bid and any changes, amendments or related communications thereto that have been conducted through the Web Site.

 

(iv) Bigomarket.com shall, in good faith, have the right to construe any Deliverables Agreement based on your and a ProfessionalÕs course of dealing. In rendering its decision, Bigomarket.com shall only be obligated to consider the following: (i) the Deliverables Agreement, (ii) the parties course of dealings, as evidenced by activity on or communications through the Web Site, (iii) the actual Deliverable itself and (iv) any information or communication that both you and a Professional agree should be considered.

 

(v) Bigomarket.com shall render its decision within five (5) business days of a failed mediation. During this time, you are encouraged to continue to negotiate an amicable settlement with the Professional with which you are engaged in a dispute. You agree that the decision of Bigomarket.com, acting as an arbitrator during our rendering of the Dispute Resolution Services, shall be final and binding on you and the Professional. Accordingly, after we have rendered a decision, we will disburse Escrowed Funds from our escrow account in accordance with our decision.

 

(vi) In the event that you are the prevailing party in its arbitration decision, you agree that you shall have no right, title to, interest in or license to the Deliverable that is the subject matter of the dispute. In such case, you agree to return any physical copies of such Deliverable in your possession and destroy any electronic copies that you have.

 

(vii) BY CLICKING ÒI AGREEÓ TO THIS AGREEMENT, YOU ACKNOWLEDGE THAT, IN CONSIDERATION OF OUR AGREEMENT TO PROVIDE YOU WITH ESCROW SERVICES AND DISPUTE RESOLUTION SERVICES, YOU HEREBY RELEASE BIGOMARKET.COM AND ALL OF OUR AFFILIATES FROM ANY DAMAGES OR LIABILITY WHATSOEVER RELATED TO YOUR ENGAGEMENT OF A PROFESSIONAL OR OUR SERVICES, INCLUDING WITHOUT LIMITATION, THE ESCROW SERVICES AND DISPUTE RESOLUTION SERVICES. YOU FURTHER AGREE TO INDEMNIFY BIGOMARKET.COM AND ALL OF OUR AFFILIATES AGAINST ANY AND ALL DAMAGES OR LIABILITY THAT WE MAY INCUR, INCLUDING ATTORNEYS FEES AND COSTS, IN CONNECTION WITH OUR PROVISION OF SERVICES TO YOU, INCLUDING WITHOUT LIMITATION THE ESCROW SERVICES AND DISPUTE RESOLUTION SERVICES.

 

 

PROCESS

 

When a Professional completes an assignment for which you have engaged the Professional (or a portion of such an assignment) ("Assignment") for a Company, such Professional will complete the electronic invoice form (the "Invoice") and submit it to Bigomarket.com via the Bigomarket.com Web Site. The Professional will provide Bigomarket.com with a list of items, including, but not limited to, hours worked, payment required and description of Assignment(s), to be included on the Invoice ("Invoice Details"). Such Invoice Details will not be final until and unless such Professional has authorized their inclusion or waived the right to review such Invoice Details. If a Professional waives his, her or its right to review the Invoice Details, all items in the Invoice Details will be included on the Invoice as received by Bigomarket.com. Bigomarket.com ENCOURAGES ALL PROFESSIONALS TO REVIEW INVOICE DETAILS PRIOR TO THEIR INCLUSION IN THE INVOICE TO BE SENT TO A COMPANY. However, due to the inherent nature of the Internet and electronic communication transactions, Bigomarket.com cannot take responsibility for the accuracy of all transmissions of Professional Invoices. After the completion of the Invoice Detail process between the Professional and Bigomarket.com as described above, Bigomarket.com will then submit the Invoice to the Company and the Company shall submit the payment for a Professionals services with respect to the Assignment(s) specified in the Invoice (the "Payment") to Bigomarket.com to be processed by Bigomarket.com according to the Payment Terms outlined in Section 9 of this Agreement.

 

RELATIONSHIP AND OBLIGATIONS OF PARTIES

 

A. Bigomarket.com provides Services for Registered Users, including you, other Companies and Professionals. All parties are independent contractors vis-ˆ-vis Bigomarket.com with respect to all matters arising out of this Agreement. No Registered User shall be considered the employee, agent, partner or joint venture of Bigomarket.com and Bigomarket.com shall not be considered the employer, agent, partner or joint venture of any Registered User.

 

B. You agree and understand that Bigomarket.com is simply acting to process Invoices to Companies on behalf of Professionals and to receive and process Payment for Professionals services from Companies. Bigomarket.com is not responsible for the timeliness or accuracy of the Invoices. Bigomarket.com is under no obligation to ensure the timeliness, accuracy, completion or workmanship of any Assignment you give to a Professional.

 

C. You agree that Bigomarket.com, by providing the Services hereunder, does not accept liability as an employer - either singularly or jointly - of any Professional and that the employment/independent contractor status of any Professional as such status pertains to such Professionals relationship with you is solely determined by an agreement between the Professional and you. You agree and understand that Bigomarket.com will not in any way be involved in the terms and conditions of your employment or contracting arrangement with any Professional and that any services for which you engage a Professional are provided by and under separate agreement between you and such Professional. Bigomarket.com is not responsible for and will not control the manner in which a Professional operates and is not involved in the hiring, firing, discipline or working conditions of the Professional. Bigomarket.com will not provide any Professional with any materials or tools with which to complete any projects for which you engage a Professional. Any problems, complaints or questions regarding the work environment, performance or other terms and conditions of employment and/or contracting must be resolved by and between you and any Professional you engage.

 

D. You agree that you will abide by any and all applicable non-discrimination, employment, tax and other federal and state statute(s), regulation or common law. You agree to hold harmless and indemnify Bigomarket.com for any and all liability arising from a violation of any such statute, regulation or common law.

 

PAYMENT TERMS

 

A. Companies do not pay Bigomarket.com a fee for the SafePay Billing and Payment Services. Subject to compliance with the SafePay Non-Compliance Fee (as defined herein), Companies are solely responsible for submitting the Payment due to a Professional for the completion of an Assignment to Bigomarket.com. All such Payments shall be payable to Bigomarket.com in U.S. currency. Notwithstanding the above, Bigomarket.com may, at a later date, and in its sole discretion, charge a fee to Companies for Services pursuant to this Agreement, provided Companies are given advance notice prior to any Company fee implementation.

 

SafePay Non-Compliance Fee Provision. You agree that in the event you decide to engage any Professional in a full or part-time employment situation or consulting contract for which the Professional is to be compensated outside Bigomarket.coms SafePay invoicing and payment system, you will contact Bigomarket.com at 91-11-23539023 for the applicable Safepay Non-Compliance Fee.

 

B. Unless otherwise agreed to in writing between you and Bigomarket.com, Bigomarket.com shall provide you with Invoices for any Payment due to a Professional you engage. If you reasonably dispute any Invoice amount, you must pay all undisputed amounts within the time frames specified above and the parties will cooperate to verify any disputed amounts. Bigomarket.com agrees that any Invoice amounts reasonably disputed by you will not be payable to a Professional until such dispute is resolved. If you have submitted Payment to Bigomarket.com and you then reasonably dispute such payment amount before Bigomarket.com has disbursed the disputed amount to a Professional, Bigomarket.com agrees, at your written request, to hold such Payment on behalf of Company until the dispute is resolved. You hereby agree and acknowledge that paying any Invoice constitutes your acknowledgement of completion of all work covered by such Invoice and the quality, accuracy and thoroughness of such work.

 

C. You are responsible for payment and reporting of any taxes. Bigomarket.com is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes, unless otherwise agreed to by both parties pursuant to the terms of any provision of tax services provided to you by Bigomarket.com.

 

D. In the event of nonpayment by you of any Invoice amount when due, which has not been reasonably disputed by you (even where such non-payment occurs on account of your bankruptcy or insolvency), Bigomarket.com may suspend providing Services pursuant to this Agreement to you and/or any Professional you engage until such time as the past due Invoices have been paid in full. In the event Bigomarket.com stops providing Services pursuant to this Section, Bigomarket.com shall not be penalized for delays and shall incur no liability to you caused by such cessation.