Terms And Condition
The websites, mobile websites, mobile applications, or other online services owned or operated by Easy Pick Hypermarket LLC (BigmartUAE Online APP), or its affiliates and subsidiaries (collectively as ‘Bigmart’ or ‘we’) that link to these terms (collectively, ‘Services’) are made available to you by Bigmart and are subject to the following:
Electronic Communications and Notices
You may communicate with us via e-mail, postal mail, telephone, the mobile applications, our Web site, and other services. We may issue notices via these various channels, including by sending e-mails to an address you provide us. You agree that such notices shall have legal effect. You also agree that any notices sent by e-mail satisfy any requirement that notices be provided in writing. If you do not agree, do not use the Services. You may have the right to withdraw your consent to receive certain electronic communications, and, when required by law, we will provide you with paper copies upon request. You may make such a request via any of the channels listed above. If you withdraw your consent, we reserve the right to terminate your use of Bigmart’s Services. To receive, access, and retain the notices we send via e-mail, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in PDF format. Your device or computer must have the ability to print, or download and store, e-mails and PDF files. By accepting these terms, you confirm that you are able to receive, access, and retain the notices we may send. You may update your contact information through the Services.
Bigmart does not permit copyright infringing activities on its Services. Bigmart abides by the UAE Federal Copyright Law by responding to notices of alleged infringement that comply with the UAE Federal Copyright Law and other applicable laws. As part of our response, we will remove materials if properly notified that such materials infringe on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content on our Services infringes upon your copyrights, you may submit a notification pursuant to the UAE Federal Copyright Law by sending an e-mail to email@example.com
Conduct and Security on the Services
You are not permitted to engage in any conduct that, as determined in our sole discretion, restricts, inhibits, or interferes with the ability of any other person to use or enjoy the Services. You may use the Services only for lawful personal use. You are prohibited from: (a) accessing or using the Services to collect information about users of the Services; (b) violating or attempting to violate the security of the Services; or (c) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted via the Services.
You may only create a text-only hyperlink labelled ‘Bigmart Website’ to our home page (www.bigmart.ae). You are not permitted to use a link that ‘frames’ our Services or that portrays Bigmart, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. Also, you may not use any other Bigmart logo, graphic or trademark as part of the link without our express written permission. Bigmart may revoke your right to link at any time for any reason.
User Content and Permitted Use of Services
Bigmart reserves the right, but not the obligation, to monitor use of the Services and the content that you and other users may post in certain areas. We further reserve the right, but not the obligation, to remove information and materials that we deem, in our sole discretion, to be objectionable. Subject to the terms of our Copyright Policy language above, Bigmart expressly disclaims any obligation or warranty to screen or remove objectionable materials.
Bigmart further reserves the right to disclose any content, records, or electronic communications of any kind if we are required to do so by any law, regulation, law enforcement or court order, or if such disclosure is necessary or appropriate to operate the Services or to protect Bigmart’s rights or property, or the rights of others, including our partners, affiliates, sponsors, providers, licensors, and merchants, or other persons that use the Services.
Health & Wellness Content
Any health and wellness content presented on the Services is for general informational purposes only. Such content is not intended to replace or serve as a substitute for professional medical advice, diagnosis or treatment, nor is it intended as a guarantee of improvement of specific conditions or weight loss. You should regularly consult a physician or other health care provider in all matters relating to physical or mental health, particularly concerning any symptoms that may require a diagnosis or medical attention.
Information Provided on Our Services
The content that appears on our Services is for educational and informational purposes only. We strive to provide useful and accurate information. However, errors may appear from time to time. We make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information presented on the Services. Any pricing shown or offered through the Services is considered an estimate only and is subject to change. Please contact your local Bigmart store if you have questions about pricing.
Third Party and Co-branded Content
Bigmart may provide content or provide links to content on the Services (including co-branded websites) that are not under the sole control of Bigmart. Bigmart does not assume any responsibility for the operation, content, privacy practices, or technologies used by third-party services. You agree that you interact with third parties at your sole risk and that your relationship with those parties will be governed by their terms and policies. Bigmart in its sole discretion may modify or remove such links or content at any time and without notice.
Bigmart may offer you the opportunity, or you may choose, to submit information, comments, pictures, videos, or ideas to Bigmart or to other users of the Services (collectively “Submissions”). We welcome your Submissions. However, by sending Submissions to Bigmart, you acknowledge that the Submissions will not be treated by Bigmart as confidential and you agree that you grant to Bigmart a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions throughout the world in any media. By sending Submissions, you warrant that you are the sole author of the content, that you are at least 18 years old and that your Submissions will not cause injury to the rights or property of any person or entity.
Although Bigmart reserves the right to correct any errors, omissions, or inaccuracies, you acknowledge that the services, and all information contained therein, are provided “as is,” without representations or warranties of any kind and that your use of the services is at your sole risk. Bigmart does not warrant that the services or any information, content or functionalities offered through the services, or any electronic communications sent from Bigmart, are free of viruses or other harmful components. To the fullest extent permissible by applicable law, Bigmart disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to hold harmless Bigmart and its respective shareholders, Officers, Directors, Employees, Agents, Licensors and Suppliers from any and all claims arising out of or related to your access or use of the Services or your inability to access or to use the Services or any other offerings rendered by Bigmart or its contractors in conjunction with the Services or your use of the Services.
Both Bigmart and You agree to settle any disputes arising from your use of the Services amicably through a confidential binding arbitration. Here both the parties will try their level best to resolve such a dispute without referring the matter to a judicial forum. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. If any part of this arbitration provision is found to be invalid, unenforceable or illegal, the rest of this provision shall remain in effect. Bigmart and you agree to expressly waive any rights to file class or representative actions or seek relief on a class or representative basis in any jurisdiction or forum. The cost of arbitration of each party will be borne by each party respectively.
Intellectual Property Claims by Bigmart
In the event of intellectual property claims by Bigmart against you, Bigmart shall have the right to litigate such claims in any emirate of the United Arab Emirates, and you consent to the exclusive and mandatory venue in such courts.