Terms & Conditions

TERMS AND CONDITIONS OF USE

IMPORTANT LEGAL NOTICE

We are ILEARNTOWIN RESOURCES, a business registered in Malaysia with a Business Reg: SA0351265-A (hereon “we”, “us” and/or “Bigniaga”) and we operate the following Site: www.bigniaga.net (hereon “Site”).

Our operations office address is at 12-3A, 12th Floor, Plaza Azalea, Persiaran Bandar Raya, 40000 Shah Alam, Selangor and telephone number +6011-32673711.

This page tells you the legal terms and conditions (“Terms”) on which we sell any items on the Site (“Items”) to you. Please note these Terms only apply to the purchase of Items on the Site. Purchase of any Items from any other source will be governed by the terms and conditions applicable at the relevant source. Please note that promotions and offers available for purchases on the Site may not be available for purchases through other sources and vice versa.

Please read these Terms carefully and make sure that you understand them before ordering any Items from the Site. Please note that before placing an order you will be asked to agree to these Terms. By placing an order you confirm your acceptance of these Terms.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time. Every time you wish to order Items, please check these Terms to ensure you understand the terms which will apply at that time.

We reserve the right to amend these Terms from time to time. These Terms were most recently updated on 31 January 2016.


How The Contract Is Formed Between You And Us

Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order.

Please take the time to check the details of your order at each page of the order process and before clicking “Pay Now”, as you will not be able to make any changes to your order after this point.

After you place an order by clicking “Pay Now”, you will receive an e-mail from us acknowledging that we have received your order. We then send you an email that confirms that the Items have been despatched (“Despatch Confirmation”) in due course.

Please note that Items are subject to availability. If an Item becomes out of stock we will notify you as soon as possible and you will be refunded where we have already taken payment.

We reserve the right to refuse an order for example if the Item you have ordered is unavailable or out of stock, if we are unable to obtain authorisation of payment, if there is an error in the product information including price or promotion or if we suspect fraudulent activity.


YOUR USE OF THIS SITE

  1. If we are unable to supply you with an Item in these circumstances we will inform you of this by e-mail. If you have already paid for the Items, we will refund you the full amount including any delivery costs charged as soon as possible.

1.1. You may access most areas of the Site without registering your details with us. Certain areas of the Site are only open to you if you register.

1.2. By accessing any part of the Site, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Site immediately.

1.3. We reserve the right to vary these terms and conditions at any time without notice. If so, the updated version will be posted on the Site and you will bound by the updated version if you continue to use the Site thereafter. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of the Site.

  1. LICENCE

2.1. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Site are owned by us, our licensors, advertisers or product/content suppliers. Except as expressly provided nothing contained herein shall be construed as creating any license or right under copyright, trademark or other intellectual property rights.

Any use of extracts from this Site other than as permitted above for any purpose is prohibited. If you breach any of the provisions of these terms and conditions, your permission to use this Site automatically terminates.

Bigniaga. is a trade mark. No license or consent is granted to you to use these marks in any way, and We reserve all rights in these and any related marks. You agree not to use these marks or any marks, which are colourably similar without the written permission of Bigniaga.

2.2. Subject to clause 2.1, no part of the Site may be reproduced or stored in any other Site or included in any public or private electronic retrieval system or service without Bigniaga’s prior written permission.

2.3. Any rights not expressly granted in these terms are reserved.


  1. SERVICE ACCESS

3.1. While we endeavour to ensure that this Site is available 24 hours a day, we shall not be liable if for any reason this Site is unavailable at any time or for any period.

3.2. We give no warranties as to the availability, performance or accessibility of the Site.

3.3. Access to this Site may be suspended temporarily and without notice at our discretion including without limit in the case of system failure, maintenance or repair or for reasons beyond our control.


  1. LINKS AND ADVERTISEMENTS

We reserve the right to display advertisements on the Site and on your login pages of third party products and/or services which may be of interest to you. Please be aware that the products and services advertised are not provided by us and are provided by third parties over whom we do not have control. You should satisfy yourself that you wish to purchase those products or services and that you agree to the third party’s terms and conditions before contracting with them. We accept no liability for any products or services or information provided by third party providers.

If you would like to create a link to this Site, you may only do so with the prior written consent of Bigniaga.


  1. REGISTRATION

Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

Responsibility for the security of any passwords rests with you.


  1. DISCLAIMER

While we endeavour to ensure that the information on this Site is correct, we do not warrant the accuracy and completeness of the material on this Site. We may make changes to the material on this Site, or to the services provided on it, at any time without notice. The material on this Site may be out of date, and we make no commitment to update such material.

The material on this Site is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Site on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Site.



  1. LIABILITY

7.1. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group and third parties connected to us hereby expressly exclude:

    • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

    • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any Sites linked to it and any materials posted on it, including, without limitation any liability for:

      • Loss of income or revenue;

      • Loss of business;

      • Loss of profits or contracts;

      • Loss of anticipated savings;

      • Loss of data;

      • Loss of goodwill;

      • Wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.


7.2. Nothing in this legal notice shall exclude or limit Bigniaga’s liability for:

7.2.1. death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or

7.2.2. fraud; or

7.2.3. misrepresentation as to a fundamental matter; or

7.2.4. any liability which cannot be excluded or limited under applicable law.

7.3. If your use of material on the Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

7.4. You have read this disclaimer and agree to it on the basis that you agree it is reasonable.


  1. INDEMNITY

You agree to indemnify, defend and hold harmless Bigniaga, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Site, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.



  1. TERMINATION

Bigniaga may at any time terminate or suspend any part of the Site without notice to you.


  1. GOVERNING LAW AND JURISDICTION

10.1. These terms and conditions are to be construed in accordance with the laws of Malaysia and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the Malaysian Courts.

10.2. You agree and accept to be bound by the terms of our Privacy Policy.