Welcome to www.bigtionary.com. Bigtionary.com is a site that has been designed with the overarching objective of engaging the parent community in the recognition of the creative abilities of their children. The site hopes to allow parents/ users to view and share the child’s word-discoveries as their individualistic expressive language. This celebration of the child’s individuality will be compiled into a Big dictionary, since we believe that a child’s imagination is limitless. Bigtionary may be viewed online by the parent/ user community, who are free to participate of their own free will in the contribution of their children’s vocabulary/ word-discoveries to Bigtionary. In order for parents/ users to be able to celebrate a child’s unique expression, the site allows parents/ users to create memorabilia, customized to imprint the child’s word-discovery onto a range of products.
This document is an electronic record under the Information Technology Act, 2000 and rules there under and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published and shall be construed in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.bigtionary.com.
Your use of www.bigtionary.com and all the web-pages, hyper-links, tools and services provided there under (hereinafter referred to as "the website" which expression shall include successor or replacement website) is governed by the following terms and conditions ("User Agreement"). For the purpose of this User Agreement, “User/ Visitor” and wherever the context so require 'You' shall mean any natural or legal person who has used/ visited the website with or without becoming a registered user and unless the context otherwise require, shall and include such person’s legal heir, legal guardian, receivers, successors, liquidators and permitted assigns.
The headings used in the User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein. In this User Agreement, you are contracting with M/s Bigtionary, a partnership firm registered in India, having it registered office at 910, 9th Floor,Alpine Regency, 10D Main, Jayanagar 1st Block, Bangalore 560011 hereinafter referred to as "Bigtionary" which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns; and represented by its partners Ms. Sharmila Bhatia Kharab, Ms. Shanoo Bhatia and Mr. Harkaran Singh Grewal. All content, data, products and services appearing on the website is the exclusive property of Bigtionary, except as indicated otherwise. Reference to the term “owner” shall mean Bigtionary.
As a User/ Visitor, this User Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in clicking on 'check box' and/ or on the 'continue button' and/ or any affirmative action provided on the registration page or generally using the website in any manner.
By visiting, browsing and/ or using this website, you are hereby agreeing to be bound by the terms and conditions set forth below. IF YOU DO NOT AGREE TO THE TERMS OF THIS USER AGREEMENT, YOU SHALL NOT PURCHASE, USE OR OTHERWISE ACCESS THE SERVICES ON THE WEBSITE.
Use of the website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable law in India for this purpose. The website reserves the right to terminate your membership and refuse to provide you with access to the website if it is brought to notice or if it is discovered that you are otherwise "incompetent to contract". If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
This website and/ or its owner, shall be excluded from any obligation under this agreement or liability arising out of the use of this website, where the user is incompetent to contract. However, wherever the user incompetent to contract does use this website or avails any products or services therefrom, it shall be presumed that the parent/ guardian/ legal representative of such user has registered and/ or used the services on the website on behalf of the user. Furthermore, it shall also be presumed that all information, data or any other form of inputs provided is provided by such parent/ guardian/ legal representative.
You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by the website registration form or provided by you as a visitor. You are responsible for all activities that occur under your User ID and Password, once you are registered on the website. If you provide any information that is untrue, inaccurate, not current or incomplete, or Bigtionary has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Bigtionary has the right to indefinitely suspend or terminate or block access of your membership with the website and refuse to provide you with access to the website.
You agree to provide current, complete and accurate purchase and account information for all purchases made on the website. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in your information, in any media or medium now known or developed, produced, invented or used in future, with respect to your information.
i. The information you provided will be treated as confidential and we will be using the data/ information you provide as per the terms and conditions set forth in our Privacy Policy (refer https://www.bigtionary.com/page/Privacy_Policy).
ii. However in certain instances the product(s)/ service(s) you have opted for may involve interaction with either staff from our support centre or third party professionals and in such cases your implied authorisation to declassify the data/ information you have provided is presumed.
iii. We store only the information provided by you. The information so provided will not be supplemented by any other information from any other sources.
iv. Credit card, debit card and other payment related information submitted by you will be received directly by the payment gateway provider, namely, payU and such information shall not be stored by us.
i. Bigtionary reserves the absolute right to charge design fees, product charges, subscription and/ or membership fees for the services or any portion thereof and/ or products available on the website. Such charges will be displayed on the website.
ii. Prices are subject to change without prior notice and Bigtionary will not be liable to you or any other party for such price change.
iii. In the event where a product(s) or service(s) or any part thereof was not chargeable, we reserve the absolute right to cease offering such product or service free of cost and instead impose charges for the same or any part thereof. Such changes will be mentioned on this website.
iv. You undertake to fulfil the responsibility of acquainting yourself with the updated/ revised charges by visiting the website regularly and browsing through such changes thoroughly. We are neither required to nor shall we give further notice of such changes in charges for our product(s) or service(s) or any part thereof.
v. Prices are inclusive of all taxes and duties levied by the Central Government of India and/ or the State Government(s).
vi. You agree to bear any and all applicable taxes, charges, cesses, etc. levied thereon.
i. Orders are subject to our acceptance with issuance of formal order acknowledgements. Orders may be rejected due to objectionable content. Acknowledged orders are final and binding.
ii. Orders placed on the website will be complete only on receiving 100% advance payment.
iii. Always specify product name and SKU number in your communication.
iv. Any subsequent requests for changes in your order will not be entertained.
v. You agree to mention your GSTIN and entity name, if applicable, at the time of registration on the website.
All payments must be made online through this portal. No other form of payment is acceptable, unless otherwise expressly approved by Bigtionary.
i. You agree to give complete shipping information (including name, postal address, telephone number) at the time of order placement.
ii. We will not be responsible for non-delivery or late delivery of consignments on account of incomplete or incorrect addresses.
iii. Bigtionary is not responsible for any loss or damage in transit or storage on account of the user having given an incorrect or incomplete address.
iv. We reserve the right to make partial shipments.
i. In addition to other prohibitions as set forth in the User Agreement, you agree and assure that you will not use the website or its contents or any other product(s) or any service(s) of Bigtionary, for any (a) unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, central, provincial, state or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website or any related website, other websites, or the Internet.
ii. You hereby agree and assure that you are solely responsible for your conduct and any data, text, information, graphics, that you submit and post on to the website.
iii. Illustrations of illegal or unauthorised use of this website include but are not limited to the following:
a. Modifying, adapting, translating or reverse engineering this site and/ or its product(s) and/ or its service(s);
b. Removing any copyright, trade mark or other proprietary rights notices contained in on this website or any part thereof;
c. Using any robot, spider, site search/ retrieval application, or other device to retrieve or index any portion or the services/ products offered by this website;
d. Creating user accounts by automated means or under false or fraudulent pretences;
e. Creating or transmitting unwanted electronic communications such as ‘spam’, or chain letters to or otherwise interfering with other user’s enjoyment of the service by blocking;
f. Submitting materials or representing yourself and such material as either sponsored or endorsed by this website;
g. Using this website in any manner that infringes, or misappropriates or violates the intellectual property, publicity, privacy or other rights of any other party;
h. Using this website to transmit any viruses, worms, defects, or other items of a destructive nature.
iv. We reserve the right to terminate your use of the website or any related website/ delete your user account and/ or cancel the order without refund or replacement for violating any of the prohibited uses. We further reserve all our rights to pursue any other action appropriate under the law against the user to whom such unauthorised/ illegal use and/ or abuse is attributable to.
On selection of email alert service, you agree and grant non-exclusive, permission and irrevocable right to use, for the purpose of sending emails/ alerts or for any other purpose by way of messages or any other formats from time to time in a manner that we see fit. Your implied consent for the manner in which we send out such alerts or any changes in the same is presumed at all times.
i. The material in this website, unless otherwise stated are protected by the Indian copyright laws and Bigtionary is the absolute owner of all such materials irrespective of whether they are capable of protection/ registration under the relevant statute or not.
ii. The designs generated by the website (including the word forming the component of the said design), pursuant to your request, shall be the sole and exclusive property of Bigtionary, who shall also possess all rights, title and interest thereto. The copyright in respect of the design so generated shall be owned exclusively by Bigtionary.
iii. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by Bigtionary.
iv. The logos and trademarks appearing on this website are the exclusive property of Bigtionary and are protected by the provisions of the Trade Marks Act, 1999 where such trademark/ logo is registered and/ or under the common law action of passing off where such trade mark/ logo is not registered.
v. Unauthorized use of our logos or reproduction of our designs is prohibited. Advertising, promoting or displaying our products or images related to our products or services or including our name is prohibited without the prior written consent of Bigtionary.
11. Limited Permission to Copy
You are permitted to print or download extracts from these pages for non-commercial and/ or personal use only. Any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for non-commercial and/ or personal use. You may not directly or indirectly create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site. No part of this site may be reproduced or disseminated in any electronic or non-electronic form, nor included in any public or private retrieval system or service without prior written permission of Bigtionary.
The website collects, stores, processes and uses your information in accordance with the website’s Privacy Policy.
Please refer to the Disclaimer page.
Bigtionary may, without notice, alter/ terminate the User Agreement, or any of the terms and conditions and/ or the provision of any of the services at any time for any reason, including any improper use of this portal or your failure to comply with the User Agreement.
In the interest of the user, the said alterations/ termination shall be posted on any of the pages of the webiste and you hereby undertake to follow up on such developments regularly and prudently. Such alterations shall automatically be incorporated into this User Agreement and in the event you continue to use this website or any services of this website, you shall automatically have consented to be bound by the said alterations.
Termination of the User Agreement shall not affect any right to relief to the website and its third party providers and distributors may be entitled to, at law or in equity. Upon termination of this User Agreement, all rights granted to you will terminate and revert to the Website and its third party providers or distributors, as applicable.
Bigtionary, shall have no liability when there is cessation, interruption or delay in the performance of the website obligations due to any reasons beyond its controls including among other things breakdown of concerned servers, interruptions in communication channels, earthquakes, volcanoes or such acts of God, labour controversy, civil disturbance, economic recession, internet failures, computer equipment failures, telecommunication equipment failures, fires, floods, storms, order or domestic or foreign courts, war or the inability to obtain services, transportation, or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law, regulation, judgement or decree.
This User Agreement shall be governed by the laws of India. Any dispute between Bigtionary and any Purchaser/ User/ Visitor relating to the User Agreement shall be referred to binding arbitration to be conducted in English by a sole arbitrator appointed by Bigtionary. The arbitration proceedings shall be conducted in Bengaluru, India in accordance with the provisions of the Arbitration and Conciliation Act, 1996, whose award shall be final and binding. Subject to the above, the courts at Bengaluru shall have exclusive jurisdiction in relation to the User Agreement.
You agree to indemnify, defend and hold harmless Bigtionary from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third-party.
In the event that any provision of the User Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from the User Agreement. Such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. The terms set out in the User Agreement will be effective unless and until terminated by either you or Bigtionary. You may terminate User Agreement at any time by notifying us that you no longer wish to use our services, or when you cease using the Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with the User Agreement, we also may terminate the User Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/ or accordingly may deny you access to our services (or any part thereof).
These User Agreement along with Returns & Refund Policy and Privacy Policy, or any other policies published or not published on the website constitute the entire agreement between you and Bigtionary, with respect to the subject matter thereof and this supersedes/ replaces/ revokes all prior understands or agreements whether oral or written regarding the said subject matter between you and Bigtionary.
By clicking accept, you are hereby agreeing to be bound by the above terms and conditions. For any questions regarding the User Agreement, please contact us.
