Terms and Conditions
TO THE FULLEST EXTENT PERMITTED BY LAW, BIG BAD BIKES, ITS AGENTS, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS, LICENSORS, FRANCHISEES AND ITS VENDORS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. We make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. We cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. We cannot and do not guarantee or warrant any files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest disabling, contaminating or destructive properties. We cannot and do not guarantee or warrant that any content you post on the Site will remain on the Site. We do not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected. Your use of this Site and Content is at your own risk. We will strive to provide accurate and up-to-date material on this Site.
We further make no warranties of any kind, express, implied, statutory or otherwise for any products we sell or service we provide. Each manufacturer has different warranty policies. Please check with the individual manufacturers for the details of the warranty policies. We will facilitate the warranty process with the manufacturer, but Big Bad Bikes does not offer its own direct warranty on any item sold. Big Bad Bikes will not be responsible for any damages you or your business may suffer to the extent permissible by law.
- In the event that a Big Bad Bikes product has mistakenly listed at an incorrect price or stock status, Big Bad Bikes reserves the right to refuse or cancel any orders placed for product listed at the incorrect price, or for orders in which the total has been calculated incorrectly. Big Bad Bikes reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
- Not all of the products described on this Site are available in all areas of India and/or you may not be eligible for them. We reserve the right to determine eligibility.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
THIRD PARTY WEBSITES
This Site may contain links to third-party websites. We do not control or endorse these third-party sites or any goods or services sold on those sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You
acknowledge and agree that we are not responsible or liable for any content or other materials on these third party sites. We have not reviewed any or all such sites that may be linked to this Site and we are not responsible for any such websites linked to this Site. Your linking to any websites from this Site is at your own risk. By linking
to a website or permitting a link to this Site, we do not endorse the website operator or the content of the linked website. Subject to the terms of applicable service or other agreements, we will remove any link from this Site upon request from the owner of the linked website.
OWNERSHIP AND USE OF IP
- This website contains material which is owned by or licensed to us. All of the information and Content on this Site, and any enhancements, derivative works or improvements thereto, including, but not limited to, the design, layout, look, appearance and graphics, trademarks, logos, designs, slogans or other source-identifying devices, including combinations thereof (excluding any third party owned trademarks or service marks) displayed on the Site are owned or licensed by us. Reproduction of such in any form is expressly prohibited.
- Except when included in any authorized printouts of the Content, you are expressly prohibited from making any other use of our Trademarks, including, but not limited to, as metatags, key words, text or other links (unless otherwise permitted by us in our sole discretion) or in any other fashion that may create a false or misleading impression of affiliation with or sponsorship by Big Bad Bikes
- Unauthorized use of this website may give to a claim for damages and/or be a criminal offense.
CONTENT POSTED BY YOU
All information, ideas, suggestions, or other communications you submit to Big Bad Bikes, including, but not limited to, content posted on the Site or communications sent via e-mail, will be on a non-confidential basis. By submitting or posting content to the Site, you grant Big Bad Bikes the irrevocable, perpetual, worldwide, right to use, reproduce, disclose, display, perform, distribute, adapt, modify, and promote this content in any medium. Once you submit or post content to the Site, Big Bad Bikes does not need to give you any further right to inspect or approve uses of such content or to compensate you for any such uses.
Big Bad Bikes owns all right, title, and interest in any compilation, collective work or other derivative work created by Big Bad Bikes using or incorporating content posted to the Site.
ACTIVITIES PROHIBITED ON THE SITE
The following is a partial list of the kinds of conduct that are illegal or prohibited on the Site. Big Bad Bikes reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, engages in any of the prohibited activities. Prohibited activities include but are not limited to the following:
- Using the Site for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by us in our sole discretion or pursuant to local community standards. However, we take no responsibility for monitoring such content or in evaluating it;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting, mining or otherwise collecting information about others, including e-mail addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting the same note more than once or “spamming”;
- Harassing, threatening, stalking, or abusing any person; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in our sole discretion, exposes us or any of our customers or suppliers to any liability or detriment of any type.
We reserve the right, but are not obligated, to do any or all of the following:
- Record the dialogue or content posted on any pages of the Site;
- Monitor, edit, or disclose any posting on the Site; and Edit or delete any communications posted on the Site, regardless of whether such communications violate these standards.
CONTENT POSTED BY OTHER USERS
Big Bad Bikes is not responsible for, and does not endorse, content in any posting made by other users on the Site. You are solely responsible for your reliance on anything posted by another member on the Site. Under no circumstances shall Big Bad Bikes be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance upon any
content posted by a third party on the Site. If you become aware of misuse of the Site by any person, please contact us.
This Site does not intend to market any our products to children under thirteen (13) years of age. We do not knowingly gather or solicit data from children under thirteen (13) years of age through this Site for marketing purposes. By using this Site you represent that you are not under thirteen (13) years of age.
LIMITATION OF LIABILITY
BIG BAD BIKES’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE. BIG BAD BIKES, ITS AGENTS, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS, LICENSORS, FRANCHISEES AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF BIG BAD BIKES HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
Big Bad Bikes reserves the right to change its Terms & Conditions and policies from time to time. All changes will be posted to our website. We encourage you to review our Terms & Conditions and policies from time to time. Your continued use of this Site constitutes your acceptance of any change or update, all of which shall become controlling when posted.