Terms of Use

To use theBIGgift, you must read and agree to all of the terms and conditions laid out in this service agreement. If you do not agree to the terms and conditions of this service agreement, you may not use theBIGgift service. You are agreeing that theBIGgift may change the terms and conditions of this service agreement (including the privacy policy) at any time and in our discretion, by posting terms to this web site. Should any such terms be posted or sent to you, your continued use of the service is your agreement to such terms. theBIGgift is not responsible for any loss or damage if you do not comply with any part of the terms of service. As used herein, the term “you” refers to you in your capacity as a Master Gifter or Gifter. See below for an explanation of the meanings of Master Gifter, Gifter and Recipient.

Master Gifter: Person/facebook user who sets up an event/group through theBIGgift service.

Gifter: Person/facebook user who is invited to an event/group through theBIGgift service.

Recipient: Person/facebook user that an event/group was set up for (chosen during setup by the Master Gifter).

Your Groups

The service is provided by The Big Gift Network. By using the service, you agree to the following: (a) when you set up or join a group, or when you make a contribution to an event, you may be prompted to submit a valid e-mail address; (b) all information that you submit will be valid and non-fraudulent; (c) you are responsible for any and all uses of your account, whether or not you’ve authorized such use; (d) you will keep confidential all aspects of other user’s account information; (e) you will immediately notify us of any unauthorized use of your account. We reserve the right to terminate the account of any user and deny service to any user for any reason.

The Service

theBIGgift is a service that enables users to pool resources into a combined account (Master Gifters Pay Pal account) in order to purchase products. To use theBIGgift service, a Master Gifter will first create an event, which includes providing their Pay Pal email address, selecting possible products to discuss and vote for with friends and family members, inviting participants to contribute via Pay Pal. After an event is created, invited participants can vote for possible gifts, search for gifts with integrated API search of our merchants, and discuss amongst themselves using the discussion wall provided, Gifters can also contribute funds to the Master Gifters account, which will in turn be used to purchase a product for the recipient of theBIGgift.

Contributions will be sent to the Master Gifters Pay Pal account. Depending on the method that each Gifter chooses, Pay Pal fees may apply; For example  if using a credit card to make your contribution (please view Pay Pal’s policies for more information). theBIGgift never controls any of the funds; we merely provide the service that connects users together. If the Master Gifter or Gifters have any trouble with the transactions, theBIGgift is not responsible, as we do not handle the money under any circumstance.

There are some limitations on how the Master Gifter can organize an event. For example, an organizer cannot modify the event image or event title once the group has been created. Once an invite is sent out there is no way to retract the invite (this follows facebooks structure). The Master Gifter cannot contribute money through theBIGgift for the event that they themselves have created, as they would be attempting to send money to their own Pay Pal account, which is not possible. theBIGgift has made it so the Master Gifter’s contribution is implied with the setting up of a group in the amount of the minimum contribution set by him or her self (the Master Gifter). The Master Gifter will need to either use funds that are already in their Pay Pal account or add funds to their Pay Pal account through Pay Pal’s process. If the Master Gifter chooses to not add funds it is up to them, their will simply be the minimum contribution amount less towards the final gift or gifts chosen.

Using theBIGgift you can invite new Gifters at any time (facebook determines the amount of friends you can invite at a given time and per day), the Master Gifter can change the target amount at any time, all users can add different gift choices and use the discussion wall. Once Gifters have contributed funds they will be allowed to use the voting area for what gift they think should be purchased. The Master Gifter has access to the voting area right away. Once a gift has been decided on, the Master Gifter will follow our link (order gift) and proceed to follow our merchants checkout process.

If an event is not fully funded at the contribution deadline or if the Master Gifter decides not enough money has been collected, the Master Gifter will be able to refund all participants their money if he/she chooses. However some Pay Pal fees may apply when sending money back and forth depending on the method of payment chosen with each transaction. The Master Gifter can also decide to select a less expensive gift if he/she chooses or delay the purchase of the gift until more contributions are made.

When you make a contribution to an event, you agree and accept all the terms and conditions (as may be modified) set by the Master Gifter and theBIGgift.

You understand and agree that the content of all users, including your content, is aggregated and integrated into theBIGgift. We will use the data collected from you and other users to deliver the service and for statistical, analytical, reporting and other purposes. You understand and agree that theBIGgift does not control, endorse or verify any content submitted by any user.

You agree and understand that although theBIGgift service enables the group to discuss and vote for products, there are no transactions that you have with theBIGgift service. Moreover, we direct users to merchants and to Pay Pal, you understand and agree that we are simply facilitating your group-gifting event. You also understand and agree that we do not control the merchants, retailers and users who also use theBIGgift service. Therefore, we shall not be liable for any loss that you may incur as a result of your interactions and transactions with the merchants, retailers and users that enjoy theBIGgift service, including but not limited to any loss resulting from (i) payment, (ii) late delivery of goods or services, (iii) no delivery of goods or services, (iv) quality of goods or service, (v) breach of any warranty, express or implied, of goods or services or (vi) otherwise because of any product defect. The dealings between you and merchants, retailers and other users are solely between you and such merchants, retailers and other users, as the case may be. We do not guarantee the performance of any merchant, retailer, user or product. We are not responsible for price changes of any product, including but not limited to any price change that may occur after an event is created for a product but prior to payment for that product. We have no obligation to resolve any dispute between you and any merchant, retailer or other user of theBIGgift service. If there is any such dispute, you agree that you do and will release The Big Gift Network and its officers, employees, agents and successors from any loss of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, liquidated or non-liquidated, or otherwise related to such dispute.

You agree that you may ‘request’ a refund of any contribution you make, but only if you request such refund five days prior to the contribution deadline specified by the Master Gifter when the event for which you are requesting a refund was first organized, and up to the discretion of the Master Gifter, and along the terms and conditions laid out by Pay Pal.

theBIGgift does not have any fees of any kind. We do however try and make you aware to the best of our knowledge the fees that may occur when dealing with Pay Pal. Shipping & handling and taxes are not controlled by theBIGgift. They are dealt with through the retailers and merchants that theBIGgift connects users to. Our merchants will often have specials and promotions that we will inform our users about. However it is the Master Gifters and Gifters responsibility to confirm such specials and promotions with our merchants.

If the event to which you contributed is over-funded at the time of the product purchase, it is up to the Master Gifter to decide what to do with the excess funds.

In the event that the gift your group was planning on purchasing is sold out. You will need to find a substitute product to purchase or wait until the product is available to purchase again.

You understand and agree that theBIGgift reserves the right to cancel any event for any reason, including but not limited to events that promote racism, sexism, terrorism or that serve to damage theBIGgift in any way.

Non-Profit Organizations

In order for any person or any company to use the non-profit organization service of theBIGgift. They are agreeing that all contributions that are made to the cause will be in its entirety used for the cause set out. Non-profit organizations must have all legal documents in their possession that are required to conduct a not-for-profit act. By creating a group under the non-profit service section of theBIGgift and collecting funds, you are agreeing that you and or your organization are legally entitled to do so. In the case that fraudulent activity is found to be present, theBIGgift facebook application, theBIGgift.net, and The Big Gift Network are not to be held liable under any circumstance.

Links To Third Party Sites

Any web sites that are accessible from theBIGgift application or theBIGgift.net and that take you out of our area are not under our control and we shall not be responsible for your dealings with those websites. We encourage you to read the policies, terms and conditions of any web site that you visit.

Refund, Return/Exchange Policy

For refund and returns, you agree to look only to the merchant, retailer or other user who has fulfilled your event. Although the merchant, retailer or other user who has fulfilled your event will likely grant refunds and accept returns according to his, hers or its customary refund policy, theBIGgift cannot guarantee this because we do not control such merchant, retailer or other user. The merchant, retailer or other user fulfilling your event may refund sales tax for returned items, although that is a matter between you and such merchant retailer or other user.

Copyrights and Trademarks

 

theBIGgift logo and other names, logos, icons and marks identifying our products and services are trademarks of The Big Gift Network. and may not be used without our written permission. All rights not expressly granted in this Agreement are reserved to The Big Gift Network. You may not post, distribute, reproduce or sell in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use.

No Resale Or Commercial Use Or Abuse Of The Service

You agree not to resell or make any commercial use of theBIGgift service without the express consent of The Big Gift Network. You may not create bots or other computer generated automatic tools to abuse theBIGgift service.

Disclaimer Of Warranties

You expressly agree that use of theBIGgift service and theBIGgift.net website is at your own risk and that you will be solely responsible for any of your loss that results in such use. The Big Gift Network service and theBIGgift.net website are provided on an ‘as is’ basis. The Big Gift Network, it’s licensors and it’s licensee expressly disclaim all warranties of any kind, whether express, implied, statutory or otherwise, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty as to the performance of any merchant that might fulfill any event or ship/deliver any product. Neither The Big Gift Network, or its licensors, or licensees, make any warranty that The Big Gift Network or theBIGgift.net website will meet your requirements, or that The Big Gift Network or theBIGgift.net website will be uninterrupted, timely, secure, or error free. Neither The Big Gift Network, or its licensors, or licensees make any warranty as to the results that may be obtained from the use of theBIGgift service or theBIGgift.net website as to the accuracy or reliability of any information obtained through theBIGgift service or theBIGgift.net website or that defects in theBIGgift software will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the exclusions outlined may not apply to you.

Limitation of Liability

In no event will The Big Gift Network be liable to you or any third party for any indirect, incidental, special or consequential damages, resulting from the use or the inability to use The Big Gift Network, theBIGgift Service, or theBIGgift.net website, including but not limited to, damages for loss of profits, even if The Big Gift Network has been advised of the possibilities of such damages. Further, The Big Gift Network shall have no liability to you or other third parties for any third party content uploaded onto or downloaded from theBIGgift service or theBIGgift.net website. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the outlined limitations may not apply to you.

Indemnity

You hereby agree, at your expense, to indemnify, defend and hold theBIGgift service, its parent, subsidiaries, affiliate officers, employees, agents, directors, successors and assigns harmless from and against any loss, cost, damages, liability, and/or expense arising out of or relating to (A) third party claims, actions or allegations of infringement based on information, data or content you submitted in connection with theBIGgift service, (B) any fraud or manipulation, or other breach of this agreement, by you, or (C) third party claims, actions or allegations brought against The Big Gift Network arising out of your use of The Big Gift Network’s service or theBIGgift.net website.

General Terms

The laws of the Province of Ontario and Canada shall govern these Terms & Conditions. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Any failure to act on our part with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this agreement or any rights hereunder, and any attempt to the contrary is void. This agreement shall inure to the benefit of and be binding upon each party’s successors and assigns. Any notice required or given to you under this agreement may be delivered by electronic mail at the e-mail address provided by you during registration. This agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.

Privacy Policy

Last updated: August 4, 2010

This Privacy Policy will answer your questions about the kind of information we collect and how we use it. We have also included some information on how to help prevent your personal information from being collected or shared when you visit out website, respond to our web-based advertisements, or send us e-mail. We reserve the right to modify this privacy policy at any time without prior notice. If we change or update our privacy policy, we will post the revised policy here, and any changes will apply to all information collected by The Big Gift Network, including previously collected information.

If you have any further questions or comments, please feel free to contact us.

What information does The Big Gift Network gather?

We collect information about your visits, such as pages accessed on our web site and the date and time of access in order to optimize your user experience and enhance your time spent with The Big Gift Network. We also receive information about how you came to our website. For example if you were referred to us by a search engine such as google.

When you send us an e-mail using tools from our website, we will retain the content of the e-mail, your e-mail address, and our response in order to handle any follow-up questions you may have. We also use this information to measure how effectively we address any concerns that you may have.

We retain your information name, and possibly other personal information such as your e-mail address if you provide us with one. We may ask you to voluntarily provide us with information regarding your professional interests, demographics, experience with our service and contact preferences. This information may simply be used to send you an e-mail notifying you of any changes we have made or any updates/promotions we are offering with theBIGgift service.

Who do you share my personal information with?

We do not sell your name or other private profile information to third parties, and do not intend to do so in the future.

Please note that security regulations may require us to provide government agencies access to data you disclose to us.

How does The Big Gift Network support the Children’s Online Privacy Protection Rule?

If a child under 13 has provided us with personal information without parental or guardian consent, the parent or guardian may contact us, and we will remove the information and unsubscribe the child from any promotional contact opportunities.

How does The Big Gift Network use cookies and similar technologies?

The Big Gift Network uses cookies, tags, and other similar technologies to improve your experience on our site. These technologies allow us to recognize your preferred information and facilitate effective site administration. We use the information we collect to enhance your visits to our service and provide you with information tailored to your needs.

You may elect to refuse cookies. Please refer to your browser’s ‘Help’ instructions to learn more about cookies.

How do I tell theBIGgift that I don’t want to be contacted for promotional purposes?

We only send promotional e-mail messages to you if you have voluntarily provided us with your e-mail address. You may request to be removed from theBIGgift’s e-mail subscription. If you have questions about removing your name from our subscription list, you may contact us.

Links and third parties

theBIGgift web site and service contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of those sites. We encourage you to read the privacy statements of each site that collects information from you. The Big Gift Network privacy policy applies solely to information collected by The Big Gift Network.