Terms of Use

WELCOME to BigHelp, a service from Bighelp Executive Assistant Services Private Limited (“BEASPL”).

 

BEASPL (hereinafter "BigHelp", "we", or "us")  provides this service to you, subject to the following Terms of Use Agreement ("TOU") that may be updated by us from time to time without notice to you. In addition to this, you shall be subject to the operating rules / policies / any other contract entered into by you with BigHelp in relation to use of the Site or the Services (as defined below).

 

BigHelp provides this web site, www.bighelp.in, (the "Site") to provide information, recommendations, documentation, services such as liaisoning, booking, assistance in banking transactions, reminders, maintenance of track records, online and offline search assistance, deliveries, pick-ups, purchases for clients, payment of bills, and other personal assistance services (the "Services").These services are handled remotely through the Internet, phone or email.

       

The terms, conditions and guidelines associated with use of the Services, the Site and any content available on the Site (collectively, the "Content") are set forth in this TOU. Please read this TOU carefully before you use the Services or the Site. By using the Services or the Site you ("you" or "your," as appropriate) agree to abide by the terms, conditions, and guidelines set forth in this TOU.

 

Except as is provided in the BigHelp privacy policy, BigHelp may update or change this TOU from time to time without notice. Such changes will be effective on the date that such modified TOU is posted on the Site, which is located at www.bighelp.in. USE OF THE SITE OR SERVICES AFTER SUCH CHANGES HAVE TAKEN EFFECT CONSTITUTES ACCEPTANCE OF ALL SUCH CHANGES.

 

Please also note that if BigHelp determines at any time that you have abused or violated any of these terms, conditions and guidelines, BigHelp reserves the right to terminate your access to the Site and Services immediately without notice.

 

Personal Assistance Recommendations and Information:

 

The comments and recommendations of the personal assistants presented on the Site or through email or on phone are based on research and opinions collected by the personal assistants, and are indicative and subject to change at any time.

User Name, Password and Security:

 

You are responsible for maintaining the confidentiality of your user name and password, and you are solely responsible for all activities that occur under your user name and password. You agree to immediately notify BigHelp of any unauthorised use of your user name and password or any other breach of security related to the Site. BigHelp WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD OR TO OTHERWISE COMPLY WITH THIS SECTION.

 

Eligibility:

 

The Services and the Site are available only to individuals or entities, who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services and the Site are not available to individuals under the age of Eighteen (18). If you do not qualify, you may neither use the Services nor the Site.

 

Privacy:

 

BigHelp knows how important privacy is to you and is committed to honouring your privacy. You can review BigHelp's privacy policy, which is incorporated by reference into this TOU, here.

 

In order to ensure that BigHelp is able to provide high quality services that are responsive to customer needs, BigHelp employees may need to access your accounts, card information, address, appointments, other documents, details, etc., on a regular basis and pertinent records on a case to case basis to investigate complaints or other allegations or abuses. Information obtained from you will not be used by us for any purpose other than the purpose for which it was provided for. BigHelp shall not disclose the existence or occurrence of such an investigation unless required by law.

 

Notwithstanding anything contained in this TOU or any other document, we reserve the right to open packages, bundles, envelopes, etc., provided by you or to be provided to you, for safety and/or security reasons.

 

 

Links to Third-Party Sites:

 

Some of the links on the Site may allow you to leave www.bighelp.in. Third-party sites to which the Site may link ("Third-Party Linked Sites") are not in any way under BigHelp's control, and BigHelp DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, CONTENT, COMMUNICATIONS, SERVICES, GOODS OR OTHER MATERIALS AVAILABLE ON SUCH THIRD-PARTY LINKED SITES OR FOR ANY CHANGES OR UPDATES TO SUCH SITES. BigHelp does not intend links contained on the Site to be referrals to, or endorsements of, any Third-Party Linked Site or the entities that operate them, and such links are provided for convenience only.

 

General Disclaimer:

 

THE SITE including, ALL THIRD PARTY LINKED SITES and ALL SERVICES, CONTENT and MATERIALS PROVIDED IN THE SITE, ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS, AND YOUR USE OF SUCH SITES, SERVICES, CONTENT AND MATERIALS IS AT YOUR OWN RISK. BigHelp DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, INFRINGEMENT, AND QUIET ENJOYMENT.

 

Limitation of Liability:

 

IN NO EVENT WILL BigHelp and/or, ANY OF ITS PARTNERS, PROVIDERS, AFFILIATES, ASSISTANTS INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PEONS, SUPPLIERS, VENDORS OR REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE, COMPENSATORY, OR PUNITIVE DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE. THE SERVICES AVAILABLE ON THE SITE, ANY WEBSITES LINKED TO THE SITE, THE MATERIALS OR INFORMATION CONTAINED AT THE SITE OR THE FOREGOING LIMITATIONS OF LIABILITY CONSTITUTE A FUNDAMENTAL BASIS OF THIS TOU AND BigHelp WOULD NOT HAVE PERMITTED YOU TO USE THE SITE OR THE SERVICES IN THE ABSENCE OF SUCH LIMITATIONS.

 

Prohibited Uses:

 

As a user of the Services or the Site, you agree to use the Services and the Site only for lawful purposes. Use of the Services or the Site for transmission, distribution, retrieval or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the Services or the Site to:

 

  1. Use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorisation;
  2. Harass others by "mail-bombing" or "news-bombing";
  3. Threaten, harass, defame, embarrass or distress any person or group;
  4. Distribute computer viruses, worms, or any software/s intended to damage or alter a computer system without the owner's consent;
  5. Use "auto-responders," "cancel-bots," or other similar mechanisms that generate excessive network traffic;
  6. Post or send any unlawful, harmful, defamatory, slanderous, pornographic, obscene, vulgar or similarly tortuous or otherwise objectionable material;
  7. Post, send or relay any unsolicited advertising;
  8. Post or send any chain letters or pyramid schemes;
  9. Post or send any fraudulent or misleading offers of products, items, loans, or other services;
  10. Post any misleading, inaccurate or fraudulent information;
  11. Post any junk e-mails;
  12. Post any duplicative or unsolicited messages;
  13. Harvest or otherwise collect information about others, including e-mail addresses, without their specific consent;
  14. Create a false identity or forged e-mail address or header or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
  15. Attempt to gain unauthorised access to the Services, other accounts, computer systems or networks connected to the Site through login password mining or any other means;
  16. Solicit Services with no intention to use or pay for them;
  17. Solicit deliveries to fake addresses;
  18. Pay or attempt to pay with stolen cards or card numbers; or
  19. Process stolen or unauthorised information.

 

Termination:

BigHelp, in its sole discretion, may terminate the Services and access to this Site at any time without prior notice to you. In the event of termination, the Links to Third-Party Sites, General Disclaimer, Limitation of Liability, Prohibited Uses, Proprietary Rights, Indemnity, Applicable Laws and General Terms Sections set forth in this TOU and any other contract which may be in force between the client and BigHelp shall still survive, unless explicitly stated otherwise by BigHelp. Users who violate this TOU may additionally incur criminal and/or civil liability. BigHelp may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with its investigations of any suspected civil or criminal violations.

Proprietary Rights:

Software:

You acknowledge and agree that the Service and any software used in connection with the Site and the Services ("Software") contain proprietary rights and confidential information that is protected by applicable intellectual property and other associated laws. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the web interface or via email or telephone access numbers  that may be provided by BigHelp for use in accessing the Site or the Services or any other mode notified by BigHelp.

Copyright Policy:

You can review BigHelp's Copyright policy, which is incorporated by reference into this TOU, here.

Indemnity:

You agree to indemnify, defend at your expense and hold harmless BigHelp, its telecommunications providers and service providers and its subsidiaries, affiliates, officers, directors, employees, consultants, suppliers, vendors, peons, assistants and agents (if any), from all and any third-party claims, liability, damages and costs (including, but not limited to, attorneys' fees) arising from or relating to (i) your use of the Services and/or the Site, (ii) any content you post, e-mail, transmit or relay either to BigHelp or by use of the Services or the Site, (iii) your violation of the TOU or any other valid contract between the you and BigHelp, (iv) your alleged infringement of any intellectual property or other right of any person or entity or (v) any other violation of laws, rules or regulations to any extent by you.

Notice:

All notices to a party shall be in writing and shall be made either via e-mail or courier or Indian post. Notice shall be deemed given 24 hours after an e-mail that is not returned to the sender is sent, or 3 days after a courier is despatched, or 4 days after deposit in the Indian post, to you at the address provided by you upon registration and to BigHelp at the address set forth below:

Address: BigHelp Executive Assistant Services Pvt. Ltd., F37, Link Square, Off Linking Road, Next To KFC, Bandra ( West ), Mumbai - 400 050 (India)

Changes to Site and Services:

BigHelp reserves its right to change, suspend or discontinue any aspect of the Services in part or in whole at any time, including the availability of any of the Site features, delivery services, personal assistance services, databases, other services offered or its Content thereof. BigHelp may also impose limits on features or restrict access to all or certain parts of the Site.

Applicable Laws:

You agree that and submit yourself to, the laws of India, without regard to the conflict of laws principles, will govern all matters relating to this TOU or to your use of the Site or any of our Services. All disputes arising from or in connection with this TOU or related to the contents of this TOU will be subject to the exclusive jurisdiction of the courts in Mumbai. BigHelp makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal or prohibited. Those who choose to access the Site or use our Services shall be doing so on their own initiative and shall be solely responsible for compliance with their local laws.

This Agreement is in person to person basis and is non-transferable, and you may not assign your rights or obligations to any third party on your behalf.

General Terms:

Other than the TOU and allied policies, a user or client, who wishes to use the Services or the Site of BigHelp, is bound by the ‘Master Service Agreement’ entered into at the commencement of the membership of the client with our Services. If any provision(s) of the Master Service Agreement or the TOU is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. BigHelp's failure to exercise or enforce any right or provision of the Master Service Agreement or the TOU shall not constitute a waiver of such right or provision. The TOU, together with the ‘Master Service Agreement’ and any other contract which may be signed from time to time, constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Master Service Agreement or the TOU will be effective only if unambiguously made in writing and signed by BigHelp.

 
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