Terms Of Service

You must carefully read and understand these terms and conditions before downloading, installing, and using the Big Return, a desktop application/website (“Platform”), which is operated and managed by AJPay Enterprise, having its registered office at #39, Block C Aman Nagar, Kaithipura Jaipur 302012 (“Big Return”, “We” and “Us” or “Our”) which expression shall, unless repugnant to the context or meaning thereof, be deemed to include its affiliates, parent company, legal representatives and permitted assigns) provides you, i.e. the user (hereinafter referred to as the “User“ or “Users” or “Your” or “You”) with access to content, resources, tools for communication, public forums, commerce platforms, and other services through its websites and all desktop applications (hereinafter referred to as the “Service“).

The Terms of Service contained in this document govern the Service and its usage by the Users. These Terms of Service shall include all amendments thereto, related policies, operating rules, etc., as may be published by Big Return on its websites or desktop applications, from time to time. You are reading these terms of service (“Terms”), which is an electronic contract recognized under the provisions of the Information Technology Act of 2000 read along with its Rules, and thereby governs the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”). Our Services are provided for private, non-commercial use.

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

The Service is provided to the User, subject to these Terms of Service which comprise the entire agreement between the User and Big Return and supersede any prior agreements and understanding pertaining to the subject matter contained herein. Please read the Terms of Service carefully before using or registering on any of our websites or desktop applications or accessing any material, information or services through the website’s desktop applications. User’s visit or use of the websites/desktop applications or the Services provided by them shall signify the User’s absolute and unconditional acceptance of the Terms of Service and Privacy Policy, which are incorporated herein by reference, and User’s agreement to be legally bound by the same.

MODIFICATION OF THESE TERMS OF SERVICE

Big Return reserves the right to change, add or remove any of the Terms of Service at any time without prior notice, which shall become applicable immediately upon posting on the Platform. Users can determine when the Terms of Service were last modified by referring to the “Last Updated” legend above. User is solely responsible for regularly reviewing these Terms of Service including all changes/modifications if any incorporated by Big Return from time to time in accordance with the applicable laws. Continued use of the Service by the User, shall constitute his/her agreement to all the extant Terms of Service.

MODIFICATION TO THE SERVICE

Big Return reserves the right to modify, transfer or discontinue, temporarily or permanently, the Service or any part of thereof, without any obligation to give any prior notice to the User. The User agrees that Big Return shall not be liable to the User or any third-party for any modification or discontinuance of the Service.

THE SERVICE

The Services are intended solely for the purpose of providing the Users with an index of content that is matching their search criteria and is publicly available across selected third-party sites. The User shall use the Services for making a choice using the content index and for any purchase pursuant thereto, the User shall be redirected to the third-party site (hereinafter referred to as the “Purpose”). Under no circumstance does Big Return sell any goods or services through its websites or desktop applications as part of its Services. Big Return uses spiders and other web-crawlers to use content and images from different third-party sites solely for the Purpose. Big Return agrees that no automated system or spiders used to access third-party sites shall hamper or reduce the speed and performance of third-party servers lower than the speed at which such third-party servers are handling messages sent by users using a conventional online web browser.

USE OF SERVICE

The technology and the software underlying our websites /desktop applications and the Services is the property of Big Return. The User agrees not to copy, modify, transfer, distribute or reverse engineer the technology or software underlying Big Return’s websites or desktop application or the Services. Users shall abide by all copyright notices, information, or restrictions contained in any content accessed through the Service. User agrees not to download any feature of the Service made available on the websites /desktop applications. User agrees not to falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of images or other material made available on the websites/desktop applications. For more detail on the intellectual property rights in relation to the Service, please refer to the Section on Intellectual Property Rights herein. Big Return also disclaims any liability for the content which is retrieved from third-party sites and is not liable for any delays, inaccuracies, errors or omissions in any such content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom. Big Return’s websites and desktop applications may contain links to other related websites, resources, and advertisers. Since Big Return is not responsible for the availability of these outside resources, or their contents, Users should direct any concerns regarding any external link to the site administrator or webmaster of such site.

USER CREATED CONTENT

The User shall be responsible and liable for the content posted/created by him/her on Big Return’s website(s) and/or desktop application(s). The Service may include the capability to like, post reviews, make comments, and other features that allow feedback, comments and input of content by the User. While Big Return does not control the content posted by the User, it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the messages, comments, etc. that it, deems abusive, defamatory, obscene, in violation of copyright or trademark laws or any other applicable laws, or otherwise unacceptable, and to terminate User’s access to and use of the Services. By submitting content on any of the forums, Users agree to indemnify and hold harmless Big Return from all claims, costs and expenses (including legal expenses) arising out of any liability due to content posted by the User. By submitting content on the websites and/or desktop application desktop, the User is granting Big Return a perpetual, irrevocable, royalty-free, non-exclusive license to reproduce, modify, translate, make available, distribute and sub-license the content in whole or in part, and in any form.

REGISTRATION OBLIGATIONS

As part of the subscription or usage of the Services or account creation process, Users may be required to create login credentials by selecting a password and providing an e-mail address or by using third party login credentials. User shall /provide true, accurate, current and complete information about himself/herself as required by the Service’s subscription form (such data being the “Registration Information “). User shall be solely responsible for this Registration Information and under no condition is Big Return liable for their authenticity, correctness, loss or theft;

Users shall maintain and promptly update the Registration Information to keep it accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete, Big Return has the right to terminate the User account and refuse any and all current or future use of the Service;

User shall be responsible for maintaining the confidentiality of any User accounts created and passwords and agrees to immediately notify Big Return of any unauthorized use of passwords or accounts or any other breach of security;

User shall not use another’s account without permission;

User shall exit from his/her account at the end of each session and acknowledges that failure to do so, may result in unauthorized use of account;

User shall follow all local applicable laws regarding age limits for subscription to the Services or any part thereof;

User is responsible for all usage or activity of and through his/her account on the Service, including use of the account by any third party. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of the User’s account, at Big Return’s sole discretion, and Big Return may refer the User to appropriate law enforcement agencies;

Big Return and/or third parties may, from time to time, send email messages to Users containing advertisements, special promotions, and other marketing materials (“Email Marketing Programs”) based on the agreed terms between Big Return and its selected partner(s). Big Return also offers Users permission-based email services. Users must decide to “opt-in” to our email services during the registration process or through a link on the Big Return site before they receive any email services, newsletters, special promotions or other marketing materials (“Opt-In Email Programs”). Big Return has the right to partner with any email marketers to provide these Email Marketing Programs or Opt-In Email Programs;

User agrees not to use the Service to:

Obstruct or hinder the use and enjoyment of the Service by other Users;

intentionally or unintentionally violate any applicable local, state, national, and international laws and regulations having the force of law;

Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

Interfere with or disrupt the Service or servers or networks connected to the Service, or defy any requirements, regulations or guidelines of networks connected to the Service;

Upload, post, email, transmit or otherwise make available any content that is unlawful, damaging, intimidating, hostile, offensive, harassing, defamatory, improper, obscene, vulgar, invasive of another’s privacy, caste related, ethnically or otherwise objectionable;

Upload files that contain viruses, worms, corrupted files or any other similar software or programs designed to disrupt, damage or limit the operation of any computer or telecommunications equipment or property of another;

Stalk or otherwise harass other Users or collect or store personal data about other Users;

Reproduce, duplicate, sell, resell or exploit for any commercial purposes, any portion, use or access of the Service;

harm minors in any way;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);

upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under any contractual relationship.

disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real-time exchanges;

Users shall not use Big Return websites or desktop applications to engage in any illegal activities.

BIG RETURN PRIVACY POLICY

Registration Information and certain other information about the User is subject to our Privacy Policy.

INTELLECTUAL PROPERTY

All intellectual property rights relating to the websites and desktop applications and the technology underlying the same exclusively belong to Big Return and are protected under the applicable Indian laws.

Notwithstanding the above, all copyright, trademarks, logos, service marks and other intellectual property rights (“Third Party IP”) relating to any content or image uploaded in connection with the Services is owned or controlled by third parties and Big Return is uploading such content or image to be used only for the purpose. The User agrees not to use any Third-Party IP or remove, conceal or obliterate any copyright or other proprietary notice or any other mark or source identifier included on the websites/desktop applications and the Service, including without limitation, the size, colour, location or style of all proprietary marks in connection with such Third-Party IP.

Big Return grants permission to the Users only for accessing and make use of the Service for the Purpose and the User agrees not to, directly or indirectly download or modify/alter/change/amend/vary/transform/revise/translate/copy/publish/distribute or otherwise disseminate any content on Service, or any portion of it; or delete or fail to display any promotional taglines included in the Service, either directly or indirectly, except with the express written consent of Big Return. The User must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for use in furtherance of the Purpose.

If as a User you believe that your intellectual property-protected work was posted on Big Return’s website or desktop application in a manner that infringes or threatens to infringe your intellectual property in such work, you may submit an infringement notification. These requests should only be submitted by the owner of the Third-Party IP or an agent authorized to act on his/her behalf. The fastest and simplest way to notify us of alleged intellectual property infringement is via our web form. However, any false claim by a User may result in the termination of the User account and suspension of Services.

SUBSCRIPTION FEES AND PAYMENTS

Services or part thereof may be made available to the User upon subscription by the User for the same. Even if certain Services are currently being offered by Big Return, free of charge, the User agrees and acknowledges that in the future the subscription of the Service may carry a subscription fee or charge.

Big Return reserves the right at any time to increase/decrease/apply/diminish the subscription fee for access to portions of the Services or the Services as a whole. However, in no event will the User be charged for access to the Services unless Big Return obtains his/her prior agreement to subscribe to such Service(s).

If at any time Big Return requires a subscription fee for portions of the Services that are now free, Big Return will give the User an advance notice of such fees. Thereafter, the User may cancel his/her account at any time. All fees and charges shall be billed to and paid by the User. User shall pay all applicable taxes relating to the use of the Services through his/her account.

Additional Costs

If the subscription for certain Services includes access to areas that contain other products, the User may have to pay additional fees to fully access those products. These additional charges will be clearly stated. When the User uses the Service, he/she may incur other additional charges, such as telecommunications fees, data fees or service provider fees. User is solely responsible for paying all such charges.

DISCLAIMER OF WARRANTIES

BIG RETURN AND ITS SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. BIG RETURN EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES IN CONNECTION WITH THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BIG RETURN DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. BIG RETURN DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS PURCHASED ON THIRD-PARTY SITES PURSUANT TO THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE.Notwithstanding the above, no representations, warranties or guarantees whatsoever are made by Big Return as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the Service will be uninterrupted, timely, secure, or error-free; (c) the quality of any goods, services, or other material purchased from third party sites pursuant to using the Service will meet your expectations or requirements; or (d) any errors in the Service will be corrected.

LIMITATION OF LIABILITY

Big Return shall not be liable, at any time for any, direct, indirect, exemplary, punitive, incidental, special, consequential, damages (including, without limitation, damage to the User’s computer system damages for loss of profits or damages for loss of business) whether such claim is based in warranty, contract, tort or otherwise, arising out of or in any way connected with the use or performance of Big Return’s websites/desktop applications and Services, with the delay or inability to use Big Return’s websites/desktop applications and Services, with the interruption, suspension, or termination of the Service, or with the unauthorized use of any content made available as a feature of the Services on Big Return websites/desktop applications.

CONTACTING THE USER

If the User indicates on the subscription form that he/she wants to receive such information,

Big Return will allow certain third-party vendors to provide him/her with information about their products and services; and

Big Return may disclose information about the User’s usage and demographics, provided that it will not reveal the User’s personal identity in connection with the disclosure of such information.

TERMINATION

Big Return may, in its sole discretion, terminate or suspend the User’s access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service. Big Return reserves the right to block IPs from accessing its server(s).

MISCELLANEOUS

These Terms of Service have been made in and shall be construed and enforced in accordance with Indian laws. The user irrevocably agrees that the courts at Bengaluru, Karnataka in India shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms of Service or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of such courts.

All correspondence should be sent to our address being mentioned on our Contact Us page. User agrees to report any violations of the Terms of Service to Big Return as soon as he/she becomes aware of them.

Content in the nature of news (“News Content”) appearing on the website. Big Return is not in any way responsible for News Content uploaded on the website and plays no role in the generation/transmission/modification of such News Content. Big Return hereby disclaims all liability arising from such News Content.

Assignment & Delegation

No right may be assigned, and no duty may be delegated, by the User under this Agreement except upon the written consent of Big Return and any attempted assignment and delegation without such consent shall be void and without effect. Notwithstanding the foregoing, however, Big Return shall be entitled to assign this agreement, and all rights and obligations hereunder, to a successor to all or substantially all of its assets, whether by sale, merger or otherwise. This agreement 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.

Agency

Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, and neither party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.

Severability

If any provision(s) of the Terms of Service is/are held by a court of competent jurisdiction to be contrary to law, or otherwise invalid or unenforceable, 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.

Waiver

Any waiver (express or implied) by either party of any breach of these Terms of Service shall not constitute a waiver of any other or subsequent breach. No provision of the Terms of Service will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorized officer of the waiving party.

Statute of Limitations

User and Big Return agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. If you do not agree with any of our Terms of Service mentioned above please do not read or use the material on any of our network of websites and the desktop applications or avail of our Service.

Notices and Grievance Redressal Mechanism

Notice is specifically given that Big Return is not responsible for the Content or advertisements accessible through its Platform. Big Return reserves the right in its sole discretion to remove and/or disable access to Content claimed to infringe third-party rights and/or terminate the accounts of the Users of the Platform who may infringe upon the intellectual property or other rights of Big Return and/or other third parties.

Grievance Redressal Mechanism

Big Return has implemented the following mechanism for dealing with grievances:

Grievances or concerns regarding violations of User Agreement & Privacy Policy must be addressed to the “Grievance Officer” through email at

a. Self-report: You can also report content by using the report content feature within the desktop application/ website on any offending content.

b. In accordance with Information Technology Act 2000 and rules made thereunder, the contact detail of the Grievance Officer is provided below:

Mr.  Nitin Kumar

E-mail : grievance@bigretun.in

A compliant or other issue faced by a user of our product may be submitted through email at the below address. The complaint should provide: (i) username of the relevant account holder (ii) specific content/video that is of concern and (iii) reason(s) for such a takedown request.

The complaint must contain such information as is necessary in order to dispose-off the complaint. All notices to Big Return hereunder shall be in writing and shall be duly given if delivered personally or sent by registered mail, return receipt requested, or facsimile to the above address or emailed.

Monthly disclosure of information by Publishers and Self-Regulatory Big Return shares monthly disclosure of information as required under the Information Technology (Intermediary Guidelines and Digital Media Ethics Codes) Rules, 2021. For these disclosures, please visit: