These general terms of use and legal information (hereinafter, the “General Terms”) apply to the website of Big Ecommerce Technologies (hereinafter, “Bigstore”), whose domain is  https://www.bigstore.africa/, and to its related mobile application, as well as to all its related sites or sites linked from https://www.bigstore.africa/ by Bigstore, as well as its affiliated companies and associates. The site belongs to Bigstore. By using the site, you accept and expressly agree to these terms of use. If you do not agree, please refrain from using it.

Bigstore hereby makes the Bigstore website and mobile application (hereinafter, jointly, the “Platform”) available to users (hereinafter, the “User” or “Users”).

Object

Bigstore is an online marketplace and e-commerce platform that aims to bridge the gap between discerning customers and trusted stores. Bigstore has developed a Platform through which a variety of merchants, with which Bigstore can have in place a commercial agreement for the use of the platform, offer a selection of products and/or services. Users can request the purchase and/or collection of products and services from such merchants in person by means of a mandate given by them to a third party when placing an order through the Platform. In such cases, Bigstore acts as a mere intermediary and is therefore unable to assume, and does not assume, any responsibility for the quality of the products or for the proper provision of the services offered directly by the merchants or by such third parties.

In addition, Bigstore is a multi-category Technology Platform for intermediation in the contracting of “on-demand” products by distance electronic means. Its aim is to make it easier for any persons looking to purchase items.

Bigstore hereby confirms that it has obtained all necessary licenses for the pursuit of its commercial activities.

Throughout these General Terms of Use, both Users and vendors will be referred to as Users of the Platform.

Terms of Use

By accessing the Platform and voluntarily creating a profile, all Users acknowledge and expressly and unambiguously agree to these General Terms of Use and Contracting as well as to the Privacy Policy and the Cookie Policy.

User Access and Registration

In order to be a User of the Platform, it is essential that you meet the following requirements:

• Users must be at least 18 years of age.
• Users must truthfully complete the mandatory fields of the registration form requesting personal details such as the User’s name, e-mail address, and telephone number.
• Users must agree to these Terms of Use and Contracting.
• Users must agree to the Privacy and Data Protection Policy.
• Users must agree to the Cookie Policy.

The User warrants that all the information regarding his/her identity and capacity provided to Bigstore in the registration forms for the Platform is true, accurate, and complete. In addition, Users undertake to keep their details up to date.

If a User provides any false, inaccurate, or incomplete information or if Bigstore considers that there are well-founded reasons to doubt the truthfulness, accuracy, or integrity of such information, Bigstore may deny that User’s current or future access to, and use of, the Platform or any of its contents and/or services.

When registering on the Platform, Users must choose a password. The password is strictly confidential, personal and non-transferable. In order to increase the security of accounts, Bigstore recommends that Users do not use the same login credentials as on other platforms. If a User uses the same login credentials as on other platforms, Bigstore will be unable to guarantee the security of the account or ensure that the User is the only person logging into his/her profile.

Users undertake not to disclose their account details or allow access to third parties. Users shall be solely responsible for any use of such details or of the services of the Site that may be made by third parties, including the statements and/or contents entered on the Platform, or for any other action carried out under their username and/or password.

Users are the sole owners of the content entered by them on the Platform. Furthermore, by registering on the Platform and agreeing to these Terms, the User grants Bigstore, in relation to the content that he/she may provide, a worldwide, irrevocable, and transferable license, free of charge, with the right to sub-license, use, copy, modify, create derivative works, distribute, publicize and exploit it in any way that may be deemed appropriate by Bigstore, with or without any further communication to the User and without having to pay any amounts for such uses.

Bigstore cannot guarantee the identity of registered Users, and it will, therefore, not be liable for the use by unregistered third parties of a registered User’s identity. Users undertake to inform Bigstore immediately, using the communication channels made available by Bigstore, if their credentials are stolen, disclosed, or lost.

Since Bigstore cannot guarantee the identity of registered Users, Users are under an obligation to inform Bigstore if they have evidence that the credit card associated with their Bigstore profile has been stolen and/or is being fraudulently used by a third party. Therefore, since Bigstore and its payment platform are proactive in the protection of Users through the use of appropriate security measures, if a User fails to inform Bigstore of the missing card, Bigstore will not be liable for any fraudulent use thereof that may be made by third parties on the User’s account. Bigstore suggests that Users report any theft, robbery, or suspected misuse of their credit card to the police.

Operation of the Service. Terms of the Mandate.

When a User who is registered as a User needs help with an errand, he/she must go to the online platform or the relevant Bigstore application and request the service using the said electronic methods. The basic courier service involves the collection and subsequent delivery of a product to and from the addresses established by the User, provided that they are within the territory in which Bigstore operates.

Users are solely responsible for providing the correct addresses for delivery and collection on the Platform, and they therefore release Bigstore and the Vendor from any liability for negligence or error in the collection or delivery of the order as a result of providing incorrect addresses for collection and delivery. As a result of the foregoing, the User shall bear the cost of providing an incorrect address for collection and delivery on the Platform.

In order to facilitate direct communication in the event of any incidents in the processing of any order and/or in order to inform of any changes thereto, Bigstore makes available to Users an internal chat system allowing direct and immediate contact.

The User releases Bigstore and the Vendor from any liability for negligence or error in the indications given by the User for the purchase of the product ordered for purchase in a physical store on his/her behalf. As a result, the User shall bear the cost arising from providing incorrect indications on the Platform regarding the products (such as an incorrect address or product).

If the product and/or service is not available, the Vendor must call the User to set out the available options. If the User does not accept any of the options set out by the Vendor and is therefore not interested in the alternative options, he/she must accept the cancellation policy.

Users accept that according to the services contracted through the Bigstore platform, they can receive the invoices corresponding to the delivery, courier or management services, by the vendors.

If the User is not at the place agreed for delivery, the Vendor shall retain the product for 24 hours, or for 5 minutes in the case of perishable products. In addition, the User must bear 100% of the cost of the basic courier service, as well as the price of the product if one has been purchased or contracted through the Vendor at the User’s request, and will have to pay for another service in order to receive the products that were not delivered. The Vendor will in no event be liable for the deterioration or expiry of the product to which the assignment related.

Once the assignment has been completed, if the request included the in-person purchase of a product, the Vendor shall give the User the paper receipt for such product and/or provide it by e-mail. If the object of the assignment is the mere delivery of a product, the Vendor shall deliver it to the User at the exact time and place indicated by the latter. All this without prejudice to the electronic receipt for the service that will be received by the User at the e-mail address associated with his/her account.

At that moment, the User, who is the recipient of the service identified by the user in the order, or any third party authorised by him/her, must where appropriate ratify the mandate given by signing on the Vendor’s device. Bigstore is unable to verify the authenticity of the User’s signature. If the User receives confirmation that the order has been carried out without having ratified the mandate either personally or through a recipient authorised by him/her, he/she must inform Bigstore immediately so that appropriate steps can be taken by the Platform. Bigstore reserves the right to check any communications made by the User for verification and monitoring purposes.

FOOD / PACKAGED PRODUCTS: Bigstore recommends that, when ordering food products under a mandate, Users ask the Vendor and/or the establishment offering the products, using the methods available on the Platform, for information on the content and composition of the food products ordered.

Furthermore, Bigstore is not responsible for ensuring that food orders are delivered to Users in properly closed bags, which should ideally be labelled or sealed.

Returning Non-Perishable Products

If a User wishes to return a non-perishable product or make a claim about the provision of a service, without prejudice to Bigstore’s ability as an intermediary to take over the handling thereof, the party with ultimate liability will always be the merchant at which the purchase was made. If the User obtains a refund for the purchase price, the merchant will decide how to make the refund (cash, credit card, store voucher, etc.) regardless of whether it is Bigstore who pays the refund on the local merchant’s behalf. Therefore, the return of a non-perishable product purchased by the Vendor pursuant to a mandate conferred by the User shall be subject to the merchant’s returns policy in any event.

As certain establishments may not have premises open to the public, Users will be unable to access them for the purpose of processing any claims or returns. In such cases, they must contact Bigstore’s User assistance service for the necessary help and support using the channels available on the Platform.

If a User wishes to process the return of a non-perishable product because it did not match the order made through the platform, he/she must provide a photograph of the total order together with a list of the incorrect or undelivered products, as well as other proof of the inadequacy of the product requested.

The User must check the non-perishable products delivered by the Vendor at the delivery address before signing and, where appropriate, ratifying, the mandate. By means of the said signature, the User confirms and ratifies the mandate, the purchase in person or the service carried out on his/her behalf. In addition, the User states that a third party may ratify the mandate on his/her behalf, for example if the User is not at the final delivery address or has designated a third party for collection and signature where appropriate. The User (and/or the said third party) is thus responsible for checking that the service provided is adequate as well as, where applicable, for collecting enough evidence to prove that it was not.

In any event, the decision regarding whether a return is appropriate will lie with the merchant in each case. The User must therefore inform Bigstore through the methods provided by Bigstore for that purpose if a dispute arises.

Prices of the Services and Billing

Users can register for the Platform, and use it, free of charge, although this is subject to review by Bigstore at any time. Users may have to pay for certain services on the Platform as provided in these General Terms and Conditions of Use.

Bigstore will charge the User a service fee for the use of our Platform in order to continuously improve our overall services, providing a wider selection of vendors and continuously improving our user experience, among others.

The amount of the service fee can be fixed or variable according to the value of the products. Bigstore sets the service and makes it visible to Users at the moment of the checkout of every order.

This service fee will be charged against the credit card that you have selected for the payment of the order. In the event that you have selected the cash payment option (this option may be unavailable in some of the countries in which Bigstore operates), the service fee will be charged to you in cash at the time of collection or delivery of your order, and the store will be responsible for receiving this amount on behalf of and in the name of Bigstore.

The use of the Platform by merchants may have an associated cost based on the country from which they wish to use the Platform to provide services.

The User only has to pay for each service requested through the Platform for his/her use thereof to order products, and to communicate through the Platform, as well as for the courier or errand services provided by third parties.

In the event of rain or bad weather conditions, the User will have to pay an additional fee for the courier or errand service provided by third parties in such weather conditions.

In addition, for services that include the purchase of a product, the User must pay the price of such product. By registering through the Platform and providing the required bank details, Users expressly authorise Bigstore to issue receipts for payment of the services requested, including the price and delivery of the products ordered.

The total price of each service may be composed of a variable percentage based on the number of kilometres travelled and the time taken by the Vendor, as well as, where applicable in cases in which a User requests the physical purchase of a product or service, the price established by each merchant. Bigstore reserves the right to change the price based on the distance travelled and/or the time slot in which the service is performed. In accordance with these terms, the User will be entitled to know the approximate fee for the service before contracting it and paying for it, unless the User has not specified the address for collection. The fee for the delivery service may vary in cases of force majeure beyond Bigstore’s control that entail an increase in such fee.

The fee may include tips for the Vendor and/or the local store, whose amount shall be solely and entirely at the User’s discretion.

Bigstore reserves the right to change the prices on the Platform at any time. Such changes shall take effect immediately after publication. The User expressly authorises Bigstore to send him/her by electronic means, to the e-mail address provided by the User during the registration process, receipts for the services contracted and/or the bills generated. If an invoice is required, the User must enter the relevant tax data on the platform before placing the order.

If a service is cancelled by the User once the preparation of the order by the local merchant has been confirmed and the User has been informed, Bigstore will be entitled to charge the User the fee applicable in each case. Similarly, if the User has asked the Vendor to purchase a product on his/her behalf and the User cancels the order after the purchase has been made, the latter shall bear the cost of the delivery services provided by the Vendor as well as the full price of the product. All this without prejudice to the User’s ability to request a new service in order to return the products purchased or to have them delivered at a different address. In the case of non-perishable products, the User may exercise his/her right of withdrawal vis-à-vis the merchant that sold him/her the products. If the User wishes to exercise this right through Bigstore, he/she must request the service again.

Payment Platforms

Payment for products and/or services offered on the Platform, sold in person at stores and delivered to Users in a deferred manner is temporarily made to Bigstore, who then sends it to them with which it has a commercial agreement in place. The associated establishments authorise Bigstore to accept payment on their behalf. Payment of the price of any product properly made to Bigstore will therefore discharge the User’s obligation to pay the said price to the associated establishments.

Similarly, the User’s payment releases him/her from any obligation vis-à-vis the Vendor, as full payment from the User discharges any obligation that the User may have vis-à-vis stores.

Payment by Users for products and/or services is received at Bigstore’s accounts through an Electronic Money Institution. Electronic Money Institutions are authorised to provide, directly or indirectly, regulated payment services and are in compliance with the current legislation applicable to payment services for Platforms such as Bigstore*.

If such institutions are not authorised, Bigstore will accept no liability for such lack of authorisation or licence, and sole and exclusive liability shall lie with the Electronic Money Institutions.

Using the payment provider contracted by it for this purpose and for the sole purpose of verifying the means of payment provided, Bigstore reserves the right, as a fraud prevention measure, to request a payment pre-authorisation for the products ordered through the platform. Such pre-authorisation shall in no event involve payment of the full amount of the order, as this will be done solely and exclusively after the products have been made available to the User, or for the reasons set forth in these terms and conditions.

In order to provide Users with greater support, Bigstore shall be their first point of contact and shall accept liability for payments made on the Platform. Such liability includes refunds, returns, cancellations and early-stage dispute resolution, and it is without prejudice to any actions that may be taken by Bigstore vis-à-vis local merchants as the sole physical sellers of the products ordered by Users.

In accordance with the foregoing, in the event of a dispute, Bigstore shall provide the first line of support and shall reimburse the User if this is deemed appropriate.

If a User has any issues with the progress of his/her order, he/she may contact Bigstore’s User assistance service through the methods made available to Users on the Platform.

Price of the Products and/or Services Appearing on the Platform

All the prices stated on the Platform are inclusive of any taxes that may be applicable and shall in any event be denominated in the Kenya Shillings.

In accordance with Clause 6 above, the prices applicable to each service shall be as published on the Platform, subject to the specific characteristics set forth above, and applied automatically at the last stage of the contracting process.

However, the prices of the products shown on the Bigstore Platform may be indicative only. In any event, they correspond to the products sold in stores, and they are set solely by them. The User may contact the Vendor to confirm the final price of the products ordered.

The User assumes that, in any case, the price of some products may change in real time based on the establishment that sells them and on the available stock. The User may contact Bigstore for any information about the order placed.

Promotional Codes and/or Other Offers or Discounts

Bigstore may unilaterally provide at any time credits for use within the Platform to certain Users. The User acknowledges and accepts that credits must be used within six (6) months from the date on which the credit was made available to the User on the Platform.

Promotional codes and/or other offers or discounts offered on the Platform must be correctly entered in the application before placing the order. Otherwise, they will not take effect and the User will be unable to enjoy them.

Whenever a cancellation is requested by Bigstore, the User shall ensure that the promotional code and/or other offer or discount is valid for future use.

Bigstore reserves the right to unilaterally cancel promotional codes and/or other offers or discounts offered if it becomes aware of a fraudulent use thereof (such as, among others, a promotional code being redeemed by someone who is not its legitimate recipient, the mass communication of codes or the sale of codes or discounts), at the end of the above-mentioned period. Furthermore, it reserves the right to apply sanctions to Users for the amount for which Bigstore has been defrauded as a result of such use.

Bigstore will accept no liability if, due to an event of force majeure or other events beyond its control or whose need is justified, it is forced to cancel, shorten, extend or amend the conditions of promotions.

In particular, Bigstore will accept no liability if the website is not available at any time during promotions or for a malfunction in the automated promotion system.

Promotional codes are not cumulative. The user can only benefit from 1 (one) promo code per order. The app will automatically select the promotional code to be applied.

In turn, promotional codes cannot be used in promotions offered in the APP.

It is forbidden for the same user to register several times to obtain illicit benefits that are not in good faith, malicious or that contradict our terms and conditions.”

Right of Withdrawal and Cancellation of Orders

In accordance with the nature of the service offered by Bigstore, the User is aware that, once a Vendor has voluntarily accepted an order, the execution of the purchase mandate is considered to have started, and the User may therefore no longer be entitled to withdraw the service request free of charge.

Special Terms of the Product Purchase Service through Bigstore

The User has the option of requesting through the Platform the purchase by a Vendor, in person, of a selection of products and/or services offered by establishments with which Bigstore may or may not have a commercial agreement in place. Using a drop-down menu within the Platform, the User can choose from among a number of options that may indicate the characteristics and price of the product or service as well as, sometimes, even a photograph thereof, for indicative purposes only.

If a User wants to know the composition and nutritional information of the products available on the Platform, he/she must contact each establishment directly to obtain full information about the products.

Once the User has selected one of the options, he/she can also complete the order by using the free-text space provided in order to include more detailed information or instructions for the Vendor who is to carry it out.

By using the “Anything” Button, the User states his/her wish to order the purchase in person of certain products, and the Vendor will be a mere agent acting on the User’s behalf. The User may specify the products to be included in the order by using the free-text box to include more detailed information or instructions for the Vendor who is to carry it out. As a result of the foregoing, the User shall be solely responsible, and it would be the User who, if the situation arose, would be liable for any incident arising from the nature of the products (such as a sanction, civil and/or criminal liability, financial liability, etc.). In relation to this, Users should be aware that Bigstore actively collaborates with the authorities of each country to combat, among other crimes, fraud, drug trafficking, money laundering, terrorism and identity theft. The User is therefore aware that Bigstore may disclose his/her data to public authorities on their request in order to prevent and avoid the commission of these or other criminal offences.

The User is aware, and accepts, that the descriptions and, where applicable, the prices or photographs of the products and/or services available on the Platform, are provided based on the information and documents supplied by the establishments, and that Bigstore is therefore unable to provide any guarantees against any possible inaccuracies in such descriptions, prices and/or photographs.

Furthermore, the User accepts that all the products appearing on the Bigstore platform are subject to availability and, in this regard, accepts the possibility that, while carrying out the order, the product and/or service may be found not to be available at the establishment. In addition, the price of the product is subject to slight variations due to modifications at the point of sale.

Bigstore reserves the right to withdraw any product from its platform, as well as to modify the contents of its information sheet at any time, without thereby incurring any liability of any kind.

Price and Payment Method

The price of the product and/or service shall be as stated by the establishment on the Platform. However, the User knows that the price of some of the products may vary in real time due to stock availability at the establishments appearing on the platform, and that the User will in any event always be told the final cost before payment.

From the moment when the Vendor is 1000 metres away from the order collection point and until its delivery, the User may contact the Vendor who will be acting on the User’s behalf in the purchase of products and services. Any change or variation shall therefore be reported by the Vendor for the User’s approval before carrying out the mandate. If the User wishes to make any comments regarding the order, he/she will always be able to directly contact the Vendor who is carrying out the mandate.

Similarly, at the payment gateway stage, the User will be informed of the final price and approximate time of delivery in accordance with the terms of Bigstore’s courier service set forth above.

The User may pay for the products and/or services using Mpesa or by card. When making the order, the User will be informed of the various payment options available. In order to pay with a card, the User must provide the card details through the platform as a payment method associated with his/her account. Bigstore does not store card numbers on its servers and can only view the last four digits of the card. The full information shall be stored on the servers of the payment service provider that makes the payments on Bigstore’s behalf. Users paying by card will incur no additional charges for choosing this payment method.

If payment for the service can for any reason not be taken from the User, the User’s account shall be blocked until the situation has been rectified and the debt has been settled.

Home Delivery of Free Samples and Other Commercial Actions

Bigstore reserves the right to enter into commercial agreements with Stores, Department Stores, Entrepreneurs, Professionals to send promotional communications, including the addition of free samples to the order delivered to the User’s home.

Purchases of Alcohol

Users who place an order that includes the purchase and/or delivery of alcoholic drinks through the platform must be of legal age. Bigstore reserves the right to refuse the order for the purchase and/or delivery of alcohol to any person who is unable to prove that they are at least the age stipulated by the local legislation applicable in the territory in which the User is placing the order.

This clause will apply in exactly the same way to any other similar product and/or service ordered by a User through the Platform that is reserved for over-18s under the current legislation.

Solidarity at Bigstore

Bigstore collaborates with various institutions, corporate groups and non-governmental organisations in charitable and solidarity projects, donation campaigns and non-profit campaigns in some of the countries in which it operates (subject to applicability in each country). Bigstore acts as an intermediary in the organisation of such campaigns and projects, based solely on its good faith and its wish to contribute to social initiatives.

Bigstore accepts no liability for the final use or outcome of such campaigns. Neither does it give any security or guarantee, or accept any legal liability, or have any control over, how donations are used by the above-mentioned establishments.

Geolocation

Bigstore may collect, use and share exact location data, including the real-time geographic location of the User’s computer or mobile device, provided that this is authorised by the User. The said location data may be collected and used by Bigstore to show Users the location of the point of origin and/or destination of an assignment. In this regard, Users expressly consent to their geolocation data being shared with other Users and Suppliers in order to successfully carry out the assignment requested at any given time. Users may choose to disable Geolocation on their devices.

The User shall be responsible for entering the correct addresses for collection and delivery. In this regard, Bigstore will accept no liability for errors or omissions in the provision of such addresses by the User.

The User’s Obligations

Users are fully responsible for the proper use of, and access to, their profile and other Platform contents in accordance with the current legislation, as well as with the principles of good faith, morals, generally accepted customs and public order. Specifically, they undertake to diligently comply with these General Terms of Use.

Users are responsible for correctly entering their individual usernames and passwords, which are non-transferable and must be sufficiently complex, and for not using the same username and password as on other platforms, all this in order to protect their account from fraudulent use by third parties not belonging to the Platform.

Users shall refrain from using their profile and other Platform contents for illegal purposes or with illegal results that harm third-party rights and interests or that may in any way damage, disable, affect or impair the Platform and its contents and services. In addition, they are prohibited from hindering other Users’ normal use or enjoyment of the Platform.

Bigstore may not be deemed to have editorial responsibility, and it expressly states that it does not identify with any opinions that may be issued by Users of the Platform, whose consequences shall be the sole responsibility of their issuers.

Any persons who breach the above obligations shall be liable for any loss or damage caused by them. Bigstore will accept no liability for any consequences, loss or damage that may arise from such illegal use or access by third parties.

In general, Users undertake, by way of example without limitation:

• To refrain from altering or modifying the Platform, in full or in part, by bypassing, disabling or in any other way tampering with, its functions or services;
• To refrain from infringing industrial and intellectual property rights or the personal data protection legislation;
• To refrain from using the Platform to insult, defame, intimidate or harass other Users or attack their image; – To refrain from accessing other Users’ e-mail accounts;
• To refrain from introducing computer viruses, corrupted files or any other software that may cause damage or alterations to Bigstore’s or third parties’ contents or systems;
• To refrain from sending mass and/or recurring e-mails to a number of people, or from sending third parties’ e-mail addresses without their consent;
• To refrain from advertising goods or services without Bigstore’s prior consent.

Any User may report another User if he/she believes that the latter is in breach of these General Terms of Use. Similarly, any User may inform Bigstore of any abuse or infringement of these terms through the Contact Form. Bigstore will check such reports as soon as possible and will take any steps that it may deem appropriate, reserving the right to remove and/or suspend any User from the Platform for breach of these General Terms of Use. Furthermore, Bigstore reserves the right to remove and/or suspend any message with illegal or offensive content without the need for a prior warning or subsequent notification.

De-registration by Users

Users may de-register from the Platform.

Bigstore’s Responsibility

Users are responsible for having in place the necessary services and equipment to browse the Internet and access the Platform. Users can report any incidents or problems accessing the Platform to Bigstore using the contact channels made available to Users, and Bigstore will analyse the incident and instruct the User on how to resolve it as quickly as possible.

Bigstore does not control, and is not responsible for, the contents uploaded by Users through the Platform, and Users are solely responsible for the lawfulness of such contents.

Bigstore will not be liable for any service interruptions, connection errors, unavailability of, or faults in, the Internet access service, or Internet interruptions or for any other matters beyond its control.

Bigstore accepts no liability for any security errors that may arise or for any damage that may be caused to the User’s computer system (hardware and software), or to the files or documents stored therein.

Liability for Contents

Bigstore does not control (and is under no obligation to control) how Users use the Platform. It therefore does not guarantee that Users use the Platform in accordance with these General Terms of Use or in a diligent and/or prudent manner. Bigstore does not check (and is under no obligation to check) the identity of Users or the truthfulness, current validity, completeness and/or authenticity of the data supplied by them.

Bigstore will not check the products sent or delivered through orders on the Platform. The User therefore releases Bigstore from any liability that might arise from the availability and/or transport of products requiring specific permissions or licences, or of products forbidden by any applicable legislation. If Bigstore becomes aware that the User is using the Platform to purchase prohibited products, Bigstore may launch an internal investigation to ascertain the facts, take any legal action that may be necessary and/or block the User in question until any potential investigation has been completed. The measures available to Bigstore include providing the authorities with data and information on the Users and vendors.

Bigstore rejects any liability for damages of any kind that may arise from Users’ illegal use of the Platform or due to the information supplied by Users to other Users about themselves being untrue, no longer valid, incomplete and/or false and, in particular and without limitation, for any loss or damage of any kind that may arise due to a User impersonating a third party in any kind of communication made through the Platform.  In particular, Bigstore accepts no responsibility for the use of the Platform or for any orders that may be made by a third party from the User’s account.

Notwithstanding the foregoing, Bigstore reserves the right to fully or partly restrict certain Users’ access to the Platform, as well as to cancel, suspend, block or remove certain types of content, by means of suitable technological tools, if it becomes aware, or there are signs, that the activity or the information stored is illegal or harmful to a third party’s rights or property. In this regard, Bigstore may establish any filters that may be necessary to prevent the service from being used to upload unlawful or harmful content to the Internet. By making content available through the Platform, Users assign to Bigstore all exploitation rights arising from the contents thus supplied.

Furthermore, Bigstore reserves the right to decide on the algorithms and parameters applicable to the ranking of the merchants and products that appear in the Platform, as well as to amend and update it. The User acknowledges and accepts that the said ranking may depend on multiple factors and metrics, including but not limited to the proximity and accessibility of the store, prior reviews, as well as any agreement reached by Bigstore with said merchants or distributors of the products related to their positioning and visibility.

No Warranty in Assignments or Payments

Bigstore gives no warranties regarding the authenticity, accuracy, novelty, reliability, lawfulness or non-infringement of third-party rights by vendors. In this regard, Users state that they understand that Bigstore is a technology platform whose main activity is intermediation; in other words, it puts Users and vendors in contact with each other; and that it therefore accepts no liability arising from the information provided by vendors or for any loss or damage that may potentially be suffered by them due to a breach of these General Terms of Use. When an order is placed on the Platform and accepted by the vendor, a direct relationship is established between the User and the vendor. Bigstore is not a party to this relationship and merely provides the Platform to enable the Parties to communicate and place as many orders as may be necessary. Bigstore will therefore never be liable for the availability of vendors or for their adequate and satisfactory performance of assignments.

Bigstore therefore recommends that Users always use common sense and remain alert when delegating an assignment to a particular Vendor.

By becoming members of the Platform, Users accept that any claims they wish to bring for legal liability arising from actions or omissions of other Users of the Platform or third parties shall be restricted to such Users or third parties, and that no actions for liability may be taken against Bigstore.

Updates and Changes to the Platform

Bigstore reserves the right to amend these General Terms of Use, the Privacy Policy and the Cookie Policy at any time and without prior notice. Users must carefully read these General Terms when accessing the Platform. In any event, acceptance of the General Terms is an essential step to be taken before accessing the services and contents available through the Bigstore Platform.

In addition, Bigstore reserves the right to update, amend or delete the information contained on its Platform, at any time and without the need for prior notice, with regard to its layout, presentation and access conditions, without thereby accepting any liability in relation thereto. Bigstore does not guarantee the absence of errors or interruptions when accessing the Platform or its content, or that it will always be up to date. Notwithstanding the foregoing, Bigstore shall, save in the event of circumstances making this difficult or impossible, take all steps to correct such errors, restore communication and update contents as soon as it becomes aware of the errors or disconnection or of the contents being out of date.

Intellectual Property

Bigstore is the owner or licensee of all intellectual and industrial property rights included on the Platform as well as of the contents that can be accessed through it. The intellectual property rights of the Platform, as well as the text, images, graphic design, navigation structure, information and contents included therein, are the property of Bigstore, who has the exclusive right to exercise the exploitation rights therein in any manner, in particular the rights of reproduction, distribution, publication and transformation, in accordance with the Spanish legislation on intellectual and industrial property rights.

In spite of the foregoing, Bigstore may not be the owner or licence holder of content such as names or images, among others, of companies with which Bigstore does not have a business relationship. In such cases, Bigstore acquires the content from publicly available sources, and Bigstore shall in no event be deemed to be related to any right belonging to Bigstore.

Authorising a User to access the Platform does not imply the waiver, transfer, licensing or full or partial assignment by Bigstore of any intellectual or industrial property rights. Deleting, bypassing or in any way tampering with the contents of the Bigstore Platform are all prohibited. In addition, modifying, copying, reusing, exploiting, reproducing, publicising, making second or subsequent publications of, uploading files, sending by post, transmitting, using, processing or distributing in any way all or some of the contents included in the Bigstore Platform for public or commercial purposes are also prohibited, save with Bigstore’s express written authorisation or, where applicable, that of the owner of the rights concerned.

Any User who shares any content of any kind through the Platform asserts that he/she has the necessary rights to do so, releasing Bigstore from any liability regarding the content and lawfulness of the information supplied. By providing content through the Platform, Users assign to Bigstore, free of charge and to the maximum extent permitted by the current legislation, the exploitation rights on the intellectual or industrial property arising from such content.

Severability

If any of the clauses of these General Terms are found to be voidable or void by operation of law, such clause(s) shall be deemed not to have been included. Such declaration of nullity will not cause the other clauses to be void, and these shall remain valid and effective between the Parties.

Applicable Law

The relationship between Bigstore and the User shall be governed and construed in accordance with the General Terms, whose construction, validity and enforcement shall be governed by Kenyan law; and any disputes shall be submitted to the Courts of Nairobi unless the User requests that they be submitted to the courts applicable to his/her home address.

Alternative Dispute Resolution

Any disputes or disagreements arising outside the European Union shall be submitted to the Spanish Court of Arbitration of the Chamber of Commerce.