TERMS AND CONDITIONS OF USE ("TERMS")

Please read these Terms carefully before using this mobile application (“Mobile Application”). By using this Mobile Application, you acknowledge that you have read, understood, and agreed to be bound by the Terms contained on this page, which govern Garg Global Softech Private Limited’s relationship with you in relation to this Mobile Application. Garg Global Softech Private Limited, a company incorporated under the laws of India, may revise and update these Terms from time to time. Your continued usage of the Mobile Application is considered as an implied acceptance of the changes, and that you agree to abide by the changed Terms.

In these Terms, references to "you", "your", "User(s)", "they” shall mean the end user (including its successors and permitted assigns) accessing the Mobile Application and its contents; "we", "us" and "our" shall mean Garg Global Softech Private Limited; and "party", "parties" shall mean you and/or Garg Global Softech Private Limited. as the context may require.

INTRODUCTION

Use of the Mobile Application is offered to you conditioned on acceptance without modification of all the terms, conditions, and notices contained in these Terms, as may be posted on the Mobile Application from time to time. Garg Global Softech Private Limited. at its sole discretion reserves the right not to accept a User from registering on the Mobile Application without assigning any reason thereof.

USER ACCOUNT, PASSWORD, AND SECURITY

Upon downloading the Mobile Application, you will be required to enter your Official phone number and OTP for log-in. You are responsible for maintaining the confidentiality of your account and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Garg Global Softech Private Limited. of any unauthorized use of your account or any other breach of security and (b) ensure that you exit from your account at the end of each session. It may be noted that this Mobile Application once opened will be active in the background and will only stop upon log out or device switch-off. Garg Global Softech Private Limited. will not be liable for any loss or damage arising from your failure to comply with this clause.

PRIVACY POLICY

The User hereby consents, expresses, and agrees that he has read and fully understands the Privacy Policy of Garg Global Softech Private Limited. The User further consents that the terms and contents of such Privacy Policy are acceptable to him.

CHANNEL SUBSCRIPTION

By providing your data, you agree to be communicated by us via email to facilitate your navigation of the Mobile Application. We may communicate updates and uploads periodically and as and when required.

USER CONDUCT AND RULES

You will not, nor will allow third parties acting on your behalf to:

  1. Make and distribute copies of the Mobile Application
  2. Attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, or translate the Mobile Application
  3. Create derivative works of the Mobile Application of any kind whatsoever

You acknowledge and agree that the terms of agreement with your respective mobile network provider will continue to apply when using the Mobile Application. As a result, you may be charged by the mobile network provider for access to the network connection services for the duration of the connection while accessing the Mobile Application or any such third-party charges as may arise. Garg Global Softech Private Limited. specifically denies any liability for such charges.

You agree and undertake to use the Mobile Application only for purposes and post and upload data/information/material that are permitted and proper. By way of example, and not as a limitation, you agree and undertake that when using the Mobile Application, you will not:

  • Host, display, upload, modify, publish, transmit, disseminate, update, or share any data/information/material/files that:
    • Belongs to another person and to which you do not have any right
    • Is grossly harmful, harassing, inappropriate, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
    • Harms minors in any way
    • Infringes any patent, trademark, copyright, or other proprietary rights
    • Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature
    • Impersonates another person
    • Contains software viruses, corrupt files, or any other computer code, files, or programs designed to interrupt, destroy, or limit the operation of the Mobile Application
    • Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offense or is insulting any other nation
    • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others
    • Conduct or forward polls, contests, or photographs posted on the Mobile Application
    • Download any file posted by another user that you know or reasonably should know cannot be legally distributed in such a manner
    • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
    • Violate any code of conduct or other guidelines applicable to you
    • Violate any applicable laws or regulations for the time being in force in or outside India
    • Violate any of the terms and conditions of these Terms or any other terms and conditions for the Mobile Application contained elsewhere herein
    • Make any derogatory, defamatory, abusive, inappropriate, profane, or indecent statement(s) and/or comment(s) about Garg Global Softech Private Limited. and/or its affiliates/associates

USER WARRANTY AND REPRESENTATION

You guarantee, warrant, and certify that you are the owner of the content which you submit or are otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights, or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name, service mark, and copyright formerly or currently used by you in connection with the Mobile Application.

MEMBERSHIP ELIGIBILITY

Use of the Mobile Application is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, including minors, undischarged insolvents, etc., are not eligible to use the Mobile Application. Garg Global Softech Private Limited. reserves the right to terminate your membership and/or refuse to provide you with access to the Mobile Application if it is brought to Garg Global Softech Private Limited.'s notice or if it is discovered that you are under the age of 18 years.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Garg Global Softech Private Limited. owns all Intellectual Property Rights to and into the Mobile Application, including, without limitation, any and all rights, title, and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets, and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce, or distribute any content from the Mobile Application belonging to Garg Global Softech Private Limited. without obtaining authorization from ABMCPL. Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using the Mobile Application, including any text, data, information, images, photographs, or any other material which you may upload, transmit, or store when making use of the Mobile Application.

LINKS TO THIRD PARTY SITES

The Mobile Application may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Garg Global Softech Private Limited., and Garg Global Softech Private Limited. is not responsible for the contents, services, or products of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ABMCPL is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. The inclusion of any link does not imply endorsement by Garg Global Softech Private Limited. of the Linked Sites or any association with its operators or owners, including the legal heirs or assigns thereof. Garg Global Softech Private Limited. has no specific prior review process or editorial control over third-party content. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such third-party information appearing on the Linked Sites or otherwise.

MONITORING

Garg Global Softech Private Limited. reserves the right, but not the obligation, to monitor the Mobile Application to determine compliance with the terms of this Mobile Application and any rules/policies established by Garg Global Softech Private Limited. to satisfy any law or regulation. The Users of the Mobile Application are expected to update the Mobile Application on a regular basis, so that he/she is duly aware of any change(s) in Terms. In the event of failure to update the Mobile Application, as and when available, the Users understand and agree that they agree to the updated Terms by virtue of continued use of the Mobile Application and that Garg Global Softech Private Limited. shall not be liable in any manner whatsoever for such failure of the User to update the Mobile Application.

GENERAL TERMS AND CONDITIONS

You are responsible for remaining knowledgeable about the Terms as updated from time to time. You agree to be communicated by us via email to facilitate your navigation of and use of the Mobile Application. We shall not be liable or responsible for correspondence lost or delayed in the email. You represent and warrant that all information placed by you in your profile, including but not limited to name, address, mobile number, email address, is correct. We reserve the right to add, modify, delete or otherwise change the Terms without any approval, prior notice, or reference to any User. In the event of a dispute in connection with the interpretation of the Terms, our decision shall be final and binding. These Terms shall be read in conjunction with the other policies of Garg Global Softech Private Limited. included herein by reference or otherwise.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Garg Global Softech Private Limited. from and against any and all losses, liabilities, claims, damages, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Garg Global Softech Private Limited. that arise out of, result from, or may be payable by virtue of any breach or non-performance of any representation, warranty, covenant, or agreement made or obligation to be performed by you pursuant to these Terms.

TERMINATION

Garg Global Softech Private Limited. may suspend or terminate your use of the Mobile Application, in its sole and absolute discretion, if you have breached any of the Terms. If you or Garg Global Softech Private Limited. terminate your use of the Mobile Application, Garg Global Softech Private Limited. may delete any content or other materials relating to your use of the Mobile Application, and Garg Global Softech Private Limited. will have no liability to you or any third party for doing so.

GOVERNING LAW

These terms shall be governed by and construed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi, India.

HEADINGS

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define, or limit the scope, extent, or intent of the Terms or the right to use the Mobile Application by you contained herein or any other section or pages of the Mobile Application or any Linked Sites in any manner whatsoever.

INTERPRETATION OF NUMBER AND GENDERS

The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes", and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder", and words of similar import refer to the Terms as a whole.

SEVERABILITY

If any provision of the Terms is determined to be void, unlawful, or otherwise in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision, and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

NO AGENCY OR PARTNERSHIP

Garg Global Softech Private Limited. and you are independent contractors. Neither party may direct or control the day-to-day activities of the other; neither party may create or assume any legal obligation on behalf of the other.

NO WAIVER

A delay or omission by Garg Global Softech Private Limited. to exercise any right or power under these Terms will not be construed to be a waiver thereof. A waiver by Garg Global Softech Private Limited. of any of the covenants to be performed by you or any breach thereof will not be construed to be a waiver of any succeeding breach thereof or of any other covenant under these Terms.

NOTICES

We may provide notice to User via official email.

NO THIRD PARTY BENEFICIARIES

User acknowledges and agrees that these Terms shall in no event be construed as a third-party beneficiary contract, and that it is not intended for the benefit of any person or company whomsoever except the parties hereto.

ASSIGNMENT

Garg Global Softech Private Limited. may assign any or all of its rights and obligations hereunder to any party without the prior consent of or notice to User.

Conditions of Sale

Please read these conditions carefully before placing an order for any products. These conditions signify your agreement to be bound by these conditions. In addition, when you use any current or future service, it will also be subject to the terms, guidelines, and conditions applicable to that service ("Terms"). If these Conditions of Sale are inconsistent with such Terms, the Terms will control.

Our Contract

Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive a notification confirming the receipt of your order and containing the details of your order (the "Order Confirmation"). The Order Confirmation acknowledges that we have received your order and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer and conclude the contract of sale for a product ordered by you when the product is dispatched to you, and a confirmation is sent to you that the product has been dispatched to you. If your order is dispatched in more than one instance, you may receive a separate Dispatch Confirmation for each instance, and each Dispatch Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation.

You can cancel your order for a product at no cost any time before the payment for the products has been received. In case payment has been received and you wish to cancel the order, no refund shall be issued. Instead, the amount can be used for future trades that may be done. If you still wish to get a refund, cancellation charges will be applied.

Pricing and availability

We list availability information for products sold by us on the Mobile app, including on each product information page. Beyond what we say on that page or otherwise on the mobile App, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed if any products you order turn out to be unavailable.

Despite our best efforts, a small number of the products on our Mobile App may be mispriced. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatching or cancel your order and notify you of such cancellation.

Electronic Communications

When you use the Mobile App or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the Mobile App or through other services. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

Alteration or Amendments to the Conditions

We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you use the Mobile App or order products from us unless any change to those policies or these conditions is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.

Contact Information

If you have any questions or concerns about these Terms and Conditions, you can contact us at:

Email: info@biggestsupplier.com

Phone: +91 8920-545158