Any clause of terms and conditions if deemed invalid, void or for any reason unenforceable, shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the terms and conditions
“Portal / Site” means the Gigantic platform owned and operated by Gigantic.
“User/You” means and includes any Customer / Users / You (the person or any legal entity) who uses the services offered by Gigantic through its Portal.
The agreement between you and Gigantic is subject to the following terms and conditions :-
- Registration: Registration of the User on the Website is Mandatory. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party’s under ID and Password for any purpose whatsoever regardless of any authorization from such party.
- The User agrees to use the services provided by Gigantic, its affiliates, consultants and contracted companies, for lawful purposes only.
- The User agrees to provide authentic and true information. Gigantic reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found not to be true (wholly or partly), Gigantic has the right in its sole discretion to reject the registration and debar the User from using its services without prior intimation whatsoever.
- The User agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or Gigantic has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Gigantic shall have a right to suspend or terminate User’s registration and refuse any and all current or future use of the Website and/or any Service.
- The user agrees and undertakes to immediately notify Gigantic of any unauthorized use of the user’s password or user ID and to ensure that the user logs off at the end of each session at the website. Gigantic shall not be responsible for any, direct or indirect, loss or damage arising out of the user’s failure to comply with this requirement.
- Disclaimer of Warranties/Limitation Of Liability: USER ACKNOWLEDGES THAT ACT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, BUT SHALL ENDEAVOUR TO ENSURE USER FULLEST SATISFACTION. IN NO EVENT SHALL GIGANTIC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER’S TRANSMISSIONS OR DATA; (C) ANY OTHER MATTER RELATING TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE. GIGANTIC SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND GIGANTIC’S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
- Payment Terms – the User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian. User is responsible for the security of User’s password and for all transactions undertaken using User’s password through our service. User confirms that he/she is the authorized holder of the credit card or the original account holder used in the transactions under this Site. GIGANTIC will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of user’s ID/password/credit card number/account details number for using GIGANTIC’s payment service.
- In a credit card transaction, you must use your own credit card. GIGANTIC will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user.
- Cancellation Policy: No Payment Cancellation is permitted. Any disputes in regards to payments/ refund of transaction(s) due to technical reasons are subject to arbitration / resolution on a case to case basis.
- GIGANTIC reserves the right to cancel any order placed using Credit Card which holds International Billing Address.
- GIGANTIC will not be responsible for any damage suffered by users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
- The User grants GIGANTIC the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
- Indemnity: You shall indemnify and hold harmless GIGANTIC and (as applicable) GIGANTIC’s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement.
- The User agrees that GIGANTIC may under certain circumstances and without prior notice, immediately terminate the User’s user ID and access to the Website/Services. Causes for termination may include, but shall not be limited to requests by enforcement or government agencies, etc
- Relationship- None of the provisions of this terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and GIGANTIC and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes GIGANTIC and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed GIGANTIC and its agents as their agent for this purpose.
- Communication with Users: GIGANTIC reserves the right to communicate with Users regarding this site and User’s use of this site or any product or service purchased by User on this site. User shall consent to receive SMS / email or any such Electronic / Written communications from GIGANTIC.
- Force Majeure: The User agrees that GIGANTIC shall have no liability to you for any interruption or delay in the services offered by it in whole or in part by reason of any act, event, circumstance or a combination of acts, events and circumstances such as terrorism, strikes, lockouts, act of God, act of war etc (“Force Majeure”).
- Applicable Law and Jurisdiction: These terms and conditions are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these terms and conditions or any dispute arising in relation to the web site whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes.
- The Terms and Conditions, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
- These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using GIGANTIC you agree to be bound by the Terms and Conditions.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.