LEGAL INFORMATION

Terms Of Use

This page restates the existing BIGPIQ terms in the visual language of the new landing page, without changing the legal meaning.

Version
1.0
Last Updated
14th July 2021
Applies To
BIGPIQ Technologies Private Limited and the LESSs platform

BIGPIQ Technologies Private Limited is the owner and operator of the mobile Application named LESSs (“Mobile App” or “App” or “Platform”). The protection and security of THE USER’s personal information is our top priority. This Privacy Policy discloses practices for the LESSs Platform and subscriber / membership based services (“Services”) including the type of information being collected, method of such information collection, use of such information and sharing of such information with third parties. This Privacy Policy governs the usage of the LESSs Mobile App which is available on both Google Play Store and Apple Store.

By using this App, THE USER signifies that THE USER is capable of contracting under the Indian Contract Act, 1872 and has obtained authorization from the Owner of the Mobile Device.

FURTHER, BY USING THE APP, ITS SERVICES, YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD, AND AGREED TO THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY AND AGREE TO BE BOUND BY THE PRIVACY POLICY. YOU HEREBY CONSENT TO OUR COLLECTION, USAGE, SHARING AND DISCLOSURE OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. WE RESERVE THE RIGHT TO CHANGE, MODIFY, ADD OR DELETE PORTIONS OF THE TERMS OF THIS PRIVACY POLICY, AT OUR SOLE DISCRETION FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY AND THE TERMS OF USE AT ANY TIME, YOU ARE ADVISED TO DISCONTINUE THE USAGE OF THIS APP.

1. Definitions

  1. “APP” shall refer to the Mobile Application named LESSs, which is an aggregator platform, aiming to connect the Consumer/ the Primary User with the Service Provider/ the Secondary User and is downloaded and installed from Google Play Store or Apple Store.
  2. “USER” shall refer to both the Primary User and the Secondary User.
  3. “PRIMARY USER” shall refer to the End Consumer of services provided by the Secondary Users, that are made available on the LESSs Platform.
  4. “SECONDARY USER” shall refer to the Service Provider, responsible for providing services through the LESSs Platform. A Secondary User could be a business or a commercial establishment; a company, a partnership or a sole proprietorship engaged in the business of delivering goods or services. They may also be referred to as Business Entities. For clarification, the LESSs platform intends to support various Business Entity types such as Medical Clinics, Medical diagnostic Centers, Hospitals, Pharmacy, Salons, Offices, Gym, Super Markets, Sports Centers, Educational Institutes, Service Centers (cars, bikes, electronics, etc.)
  5. “PERSONAL INFORMATION” shall refer to any information that identifies or can be used to identify, contact or locate the User, to whom such information pertains including, but not limited to, name, address, gender, phone number, email address, identification card number, as the case may be.
  6. “SERVICES” shall refer to the services provided by the Secondary User to the Primary User on the Platform. The LESSs platform offers a three-layered interaction between the Primary User and the Secondary User. First, the Primary User attempts to book a time slot with the Secondary User, upon selection of a desired service. Second, The Primary User fills in the particulars required to book a slot in the Application Form. Third, the Primary User submits the request to avail of a confirmed slot. The Secondary User then, processes requests on the basis of priority and waitlist numbers before allotting a slot to the Primary User.
  7. “PLATFORM” shall refer to both the Website www.bigpiq.com and the App specified in Clause 1(a).

2. Acceptance of Terms

  1. All Primary and Secondary Users including the Authorized Persons shall be bound by the terms contained herein.
  2. Services on the Platform are offered to the Users based on the presumption that they have accepted all the terms, conditions, and notices contained in this Agreement and as may be amended from time to time. For removal of doubts, it is clarified that the use of the Platform by the User constitutes an acknowledgment and acceptance, by the User, of this Agreement. If the User does not agree with such terms, conditions, and notices, or any part of it, the User is free to discontinue the usage of the App.

3. Use of Services

  1. The Platform services offered by the Company are exclusively available on mobile Platforms compatible with iOS and Android software. The Primary Users seeking services on the Platform will have an option to check the availability of time slots and book the desired slots, subject to availability of the registered Secondary Users/ Business Entities. The Primary User may not be charged with any fees for the service, however, the Primary User may donate any amount to the Company for continuing to run the service.
  2. Secondary Users shall register on the Platform by providing true and correct information and entering a mobile number and the correct OTP (One Time Password). They shall not put any objectionable content as part of their details. The Secondary Users are permitted to add Authorized Persons for the purpose of updating/ operating/ deleting/ managing information concerning their account and related services on the Platform, in order to process requests placed by the Primary Users.
  3. The Secondary User may frame certain rules and guidelines for the purpose of providing services on the Platform. The Primary User shall be expected to adhere to these guidelines while availing a particular service from the concerned Secondary User. In the event that any of the said guidelines are contrary to the terms, conditions lay down by the Platform, and then the terms of the Platform shall prevail over the terms of the Secondary User.
  4. Submission of Application Form, Booking of Slot, and Issuance of Token:
    1. The Platform requires a Primary User to book a slot before making an actual visit to the address of the Secondary User/ Business Entity so as to avail the required service. This reduces the wait time and also enables the maintenance of safe distances from other customers or workers, which is, in fact, a prospective need.
    2. However, the Company reserves the liberty to recuse itself from any liability whatsoever, if the issued token is not honoured by the local manager(s) of the registered Secondary User/ Business Entities.
    3. The Company shall not be liable if the Primary User with a valid booking shows up late or does not show up at all or does a last-minute cancellation of the issued token.
    4. The Company shall not be liable if the Primary User submits incomplete or invalid information in the Application Form.
    5. The Company shall not be liable if the Secondary User does not respond to the Primary User's request or rejects the request or puts the request on hold.
    6. The Platform acts only as a facilitator between the Primary Users and the concerned Secondary Users/ Business Entities who are responsible for providing the services. Since the Platform only acts as an aggregator Platform and in the capacity of a Booking agent, it shall not be liable whatsoever for any aspects of the arrangement made between the Secondary User and the Primary User, as regards the standards of services provided by the former. In no circumstances shall the Company or the Platform be liable for the services provided by the Secondary User.
    7. It is advisable for you to not rely on the Platform to solve any emergency that you may have. The Platform should not be deemed liable to fix any urgent issues that you may have as a User.
    8. The Company does not collect any fee from the Primary Users.
    9. The Company may collect fees from the Secondary Users as per its discretion and offer paid services.
    10. The Company does not guarantee provision of services by the Secondary User.
    11. The Primary User may report any complaints that they may have with respect to deficiency in provision of services, directly to the Company by writing to hello@bigpiq.com

4. Marketing

  1. The Parties hereby agree that the Platform being an aggregator Platform and a facilitator shall have the right to promote and market in any manner, the Company deems fit. By engaging the services of the Platform, the Secondary User has granted consent to the Company to market, promote, the Platform in a manner as it deems fit.
  2. The Parties hereby also agree and acknowledge that the Platform reserves full right to promote and market itself to Secondary User's existing users via various channels.
  3. The Secondary Users hereby agree and grant the Company the right to create and display co-branded signage, such as signs images, and logos, on digital channels or on the Secondary User's premises, in such a manner as the Company deems fit, after intimating the Secondary User. The Secondary User may suggest changes as it deems fit but shall not make changes to the marketing material once it has already approved the marketing material or signages.

5. Intellectual Property and Confidentiality

  1. All rights of the entire material published on this website and the Platform, including but not limited to audio, video, electronic, multimedia, photographic, and written forms are owned and reserved by the Company and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
  2. The User shall not exploit any material from the website or the App and shall not copy, reproduce, sell, publish, display, distribute, perform, modify, create works derivative of, or in any other form without the express written consent of the Company.
  3. The Intellectual Property of the Secondary User may be used by the Company for the purpose of marketing. The Secondary User may terminate the usage of the Platform and may also demand the return of its IP properties by issuing a notice of 30 days to the Company. The Company shall forthwith return the Intellectual Property and shall not use the IP after the lapse of 30 day notice period.
  4. Each Party hereto shall treat, as confidential, all information of a confidential nature (including but not limited to trade secrets, intellectual property or any rights therein, vendor information or any other information of commercial value), which may become known to any of them from any other Party or their respective affiliates. None of the Parties shall reveal any such information to any third party (provided that the Parties may reveal such information to any of their employees, officers, advisers, who need to know such information, in each case, subject to the relevant recipient acknowledging the confidential nature of the information) without prior written consent of the disclosing Party.
  5. Either Party may disclose Confidential Information of the other Party in accordance with a judicial, administrative or governmental order, provided that the Party disclosing the information against the judicial, administrative or governmental order gives the other Party reasonable notice and opportunity prior to such disclosure to take any lawful actions that are available to prevent or minimize the extent of disclosure of the Confidential Information.
  6. Parties’ obligations for confidentiality shall survive the termination of this Agreement.

6. Termination

  1. In case of deficiency in provision of services by the Secondary User to its Primary Users, the Company reserves the right to terminate the engagement of the App by the Secondary User, resulting in the removal of Secondary User's listings from the Platform.
  2. In case of breach or violation of any of the prescribed guidelines on the Platform by the Secondary Users then the Company reserves the right to terminate the engagement of the Platform by the Secondary User resulting in the removal of Secondary User's listings from the Platform.
  3. A Secondary Users can terminate the contract at its own will by removing its listing from the Platform by notifying the Company at hello@bigpiq.com. Due caution must be taken by the Secondary User to cover all the dues accruing up till the date of Termination of the contract.
  4. If the Secondary User has opted for a paid engagement on the Platform, the Secondary User’s failure to not pay the Platform Fees for three (3) consecutive months will lead to a suspension of its engagement on the Platform. In case the non-payment continues for six (6) consecutive months, the engagement will be automatically terminated.
  5. As a Primary User, if one wishes to discontinue availing the services of the App, one is at a liberty to uninstall the App.
  6. If a Secondary User or a Primary User wishes to delete their data from the Platform, they can avail the said option by sending a Deletion request at hello@bigpiq.com. The said data shall thereon, be deleted and removed from the Platform within a maximum period of 180 days from the day of placing the request.

7. Indemnity

Except as covered under this Agreement, the Company shall not become or be responsible for any other liability on any account whatsoever.

  1. The Secondary Users shall indemnify, defend and hold the Company harmless against all actions, proceedings, complaints, claims, damages, demands, liabilities, costs, expenses, etc., arising out of or in relation with:
    1. any violation of confidentiality obligations;
    2. any form of negligence;
    3. any contravention of the intellectual property rights of the Platform;
    4. any act of wilful misconduct, gross negligence by the Secondary Users and/or its employees/associates;
    5. any statutory violation;
    6. any other activities which may have any form of legal impact on the Platform or the Company as a whole.
  2. The Secondary Users shall not in any circumstances be liable for any claims or damages in respect of the services provided, via the Platform, to the Primary Users, under this Agreement.

8. Applicable Law and Jurisdiction

The Terms and Conditions and the Privacy Policy together are governed and to be interpreted in accordance with the laws of India. The Courts of Hyderabad, Telangana shall have the sole jurisdiction to resolve any dispute that may arise out of or in connection with the Terms and Conditions and the Privacy Policy.

9. Amendment

The Company reserves the right to change the terms, conditions, and notices under which the Services are offered through the Platform, including but not limited to the charges for the Services provided through the Platform. The User shall be responsible for regularly reviewing these terms and conditions. The continued usage of the Platform is indicative of the fact that the User is aware of and continually reviewing the said terms and conditions.

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