up

Terms of Service


Last Updated: SEPTEMBER 2023


Welcome to BigDeal! By using our online platforms, including the theBig.Deals website and BigDeal mobile apps ("Site"), and by purchasing or placing plays/bids on items through this platform, you are agreeing to these Terms of Use ("Terms"). These Terms, alongside our Privacy Policy, form a binding legal agreement. Your access and use of BigDeal's offerings signify your acceptance of these Terms. To use our Services, you must sign up and agree to these stipulations. Should you disagree with the Terms or our Privacy Policy, please refrain from using BigDeal's Services or any related offerings. Your registration and use of our services implies your agreement to abide by these terms and associated policies.

Before utilizing our service or site, or agreeing to these terms during registration, thoroughly review these conditions. They impact your legal rights. Your assent to these terms means you forgo certain legal actions against bigdeal, including lawsuits, jury trials, or participation in class actions. "site" encompasses all content, information, and services on both our website and mobile app. Bigdeal's offerings include all services made available by us, which are, together with the site, termed "services."

By engaging with our services, whether purchasing, bidding, or otherwise, you confirm you have the legal capacity to adhere to these terms. Only those above 18 can access bigdeal's services. By using them, you confirm you're at least 18, can legally enter into a contract with bigdeal, and meet all stipulated eligibility criteria. You're disallowed from engaging with our services if you disagree with these terms, are under 18 or can't legally form a binding contract with bigdeal, or if local laws prevent you from doing so.

BigDeal isn't accountable if, for any reason, our Services become inaccessible either temporarily or indefinitely. Occasionally, we might limit user access, even for those registered.

On BigDeal, users might spend real money on virtual credits like Bids without getting tangible items. You oversee your spending and bidding actions, and BigDeal holds no responsibility or liability for it. Additionally, BigDeal doesn't assume responsibility for items you bid on or buy. Ensure you fully understand the product details before purchasing. All purchase decisions rest solely with you.

Changes to these Terms

BigDeal has the authority to amend, alter, or revoke these Terms, the Services, or any associated policies or guidelines at its sole discretion, without prior notification. Any such modifications will become effective once they are posted on the Site. It is your duty to review these Terms before using the Services to ensure you are informed of any updates, as they are obligatory for you. If you continue using the Site and Services after modifications are posted, it signifies your agreement to these changes. IF YOU DISAGREE WITH THESE TERMS OR ANY UPDATES, REFRAIN FROM SIGNING UP OR CONTINUING TO USE OUR SERVICES.

Eligibility

BigDeal is a global platform and caters to customers/bidders from any country in the world. But, BigDeal has the discretion to limit auction availability and item deliveries based on a user's country. This determination can be made using the user's IP address, billing, or shipping address. If there's an error in identifying your country of residence, kindly inform BigDeal at support@BigDeal.com.

BigDeal will try to ship products in any part of the world. BigDeal does not hold any inventory. BigDeal will procure and ship the product to the winners location once after the win has been established. In case, BigDeal is not able to ship the product to the user due to any reasons – BigDeal will transfer an equivalent amount of stable cryptocurrency to the user. This stable cryptocurrency would be USD Tether (USDT) on BEP20 or TRC20 chains. The final decision rests with BigDeal whether to ship the product or transfer USDT equating to the value of the winning product.

Please note, BigDeal does not facilitate deliveries to PO Boxes or freight-forwarding agencies and might refuse shipments to RR boxes. If you're considering an RR box for delivery, reach out to our support prior to making a purchase.

General Policies

The policies available on the BigDeal Site are explicitly included within these terms, and it's crucial for users to carefully go through each one. Here's a breakdown:

  • Auction Procedures and Guidelines: These elucidate the auctioning process to give users clarity on how it works.
  • BigDeal Privacy Policy: This is essential as it dictates how user data is collected and used when interacting with the Site.
  • FAQ: Offers more in-depth understanding about the functioning of the Services, answering common queries users might have.
  • House Rules: These are paramount as they stipulate the rights and duties of every user, ensuring smooth operation and mutual respect within the platform.

Please ensure you familiarize yourself with all these components to get the most out of the Services and avoid any misunderstandings.

Contractual Obligations

When you partake in an auction on the Site, you're essentially making legal offers for the purchase of items. By bidding, you're entering into a contractual relationship with the Site. Once your bid is accepted, a legal agreement is established between you (the buyer) and the Site, according to the auction's disclosed terms. Whether you bid or use the 'Buy It Now' feature, you are agreeing to uphold your end of the transaction and abide by all contractual commitments.

Access to Systems

  • You are forbidden from unauthorized access, including accessing data not meant for you, using servers or accounts you're not cleared for, and other similar actions.
  • Any unauthorized probes, scans, tests, or breaches of our system security is strictly prohibited.
  • We don't permit any unauthorized use of our Services, especially in ways that violate these Terms or the law.
  • Tools like scrapers, crawlers, spiders, or robots, especially for unauthorized access or data extraction, are not allowed on our Site.
  • Interfering with our Site or Services, including using any device or software to do so, is not tolerated. Likewise, overloading our system is a violation.
  • Uploading harmful materials, like viruses or other malicious codes, is strictly forbidden. Any security breach may lead to legal consequences. We actively investigate such breaches and will collaborate with legal authorities if necessary.

Bidding

In BigDeal auctions, a "PLAY" represents a license, valid for at least one year, allowing you to place a bid. A PLAY is 1 bid. However, 1 Bid can be multiple PLAYs. A user buys PLAYs on BigDeal which are of a static fixed price of around 10 cents. The actual price may vary from currency to currency for different countries. These PLAYs don't equate to real money, don't offset product costs on our Site, and can't be exchanged for cash or any other monetary items. It's important for users to regulate their bidding behaviors since frequent online bids might lead to substantial costs. Always be mindful of your bidding habits to avoid undue expenses.

Fraud and Restricted Behavior

  • BigDeal can monitor for malicious activity on the site.
  • Users shouldn't use false identities or invalid credit cards.
  • Reselling products from BigDeal without permission is prohibited.
  • BigDeal can refuse or limit orders and services.
  • Users shouldn't abuse or fraudulently use the services, which includes accessing or altering other users' information.
  • Users must only use BigDeal's network lawfully.
  • Prohibited acts on BigDeal include maintaining multiple accounts, copying site data, manipulating bidding, sending spam, communicating harmful instructions, and viewing/uploading inappropriate content.

Collusion/Team Play

  • Users shouldn't work in teams or collude.
  • Members who know each other can't participate in the same auction.
  • Violators may be disqualified and lose their accounts without any refunds.

Passwords/Equipment

  • Users should keep usernames and passwords confidential.
  • Users are responsible for their equipment and securing personal information.
  • Users bear any associated telephone, toll charges, and other charges.

Investigation of Violations

  • BigDeal can investigate any violations and take appropriate actions like issuing warnings, account suspension, or content removal.
  • BigDeal can report suspected unlawful activity to law enforcement.

License

By using BigDeal and providing materials, users grant BigDeal the rights to use, modify, and distribute such materials. Users shouldn't misuse other users' information or use the site for unsolicited advertising or commercial gains. Content standards dictate that user-submitted content should not be harmful, offensive, illegal, or misleading.

Content Standards for Licensed Materials
  • Licensed materials should not contain any defamatory, obscene, or objectionable content.
  • They should not promote sexually explicit material, violence, or discrimination.
  • They must not infringe on others' intellectual property rights or legal rights.
  • The content should not deceive, promote illegal activities, cause annoyance, impersonate others, or involve unauthorized commercial activities.
  • BigDeal can remove any material but is not responsible for any content provided by users.
Registration with BigDeal
  • Users need to register with details such as username, password, and country. For winners we would require billing and shipping information to ship the winning product.
  • A user can have only one account.
  • Usernames must not offend or infringe on others' rights and should not mislead or resemble another user.
  • Users must provide accurate information, and BigDeal can suspend accounts with inaccurate details.
  • Accounts are for the sole use of the authorized account holder and can't be transferred or shared.
  • BigDeal can disqualify users for violations and isn't responsible for any loss incurred from such actions.
Bid Purchasing for Online Bidding / Payment
  • Currency: All prices and payments are in US dollars. Users bear the responsibility for currency conversion fees. When buying PLAYs users might be represented the cost in their own local currency. BigDeal converts US Dollars to their local currency at the current rates as obtained from exchanges.
  • PLAY Purchase: PLAYs cannot be purchased in any quantity. They are purchased as packs of 100 or multiples. Once purchased, an official contract is formed.
  • Payments: Payments are immediate. Suspended users forfeit their PLAYs without refund.
  • Non-Refundable Charges: Winning bidders cannot get refunds on PLAY purchases, activation fees, or shipped products.
  • Penalties: Failed payments result in fees, account suspension, and withholding deliveries. Some banks may charge additional fees, which BigDeal isn't responsible for.
  • Refunds on Bids/PLAYs: There are no refunds on PLAYs purchased.
  • Promotional PLAYs: BigDeal may offer promotional prices and free PLAYs to users. Promotional free PLAYs may be removed at BigDeal's discretion.
  • Money-Back Guarantee: A 100% refund is available on the first PLAY purchase transaction if users are unsatisfied. The refund request must be within 45 days of purchase.
Bidding / BidBuddy
  • Bid Submission: Users can bid manually or use an automated tool called 'BidBot'.
  • BidBot Tool: It helps in bidding even if the user is offline, placing bids intelligently, guaranteeing that no other bidder wins.
  • Bidding Accuracy: BigDeal doesn't guarantee BidBot's accuracy and prohibits unauthorized bidding software.
  • Bid Registration: A bid counts only when received and registered by BigDeal's servers. Delays might occur, and BigDeal isn't responsible for them.
  • Finality of Bids: All bids are conclusive. Winning bids and fees are non-refundable.
  • Technical Difficulties: If auctions end early due to major technical issues, BigDeal will reschedule them. PLAYs from such auctions will be returned to the bidders.
PLAY Purchasing
  • PLAYs must be purchased in advance and are non-refundable.
  • Unused PLAYs from the first purchase at full price can be refunded.
  • BigDeal offers promotional pricing for different user groups and reserves the right to issue or remove free PLAYs.
Refunds and Guarantees
  • Users can request a refund on their first PLAY pack purchase within 45 days if unsatisfied.
  • Refund will be equal to the amount of unused PLAYs.
Bidding Mechanism
  • Users can bid manually or use the 'BidBot' automatic bidding tool.
  • Bids are registered and counted once received by BigDeal's server.
  • Delays can occur in registering bids, and BigDeal is not responsible for them.
  • All bids are final and non-refundable.
Winning Limits
  • Users can win up to 50 auctions per week.
  • BigDeal can limit auctions to users based on various factors.
PLAY Expiry

PLAYs will not expire for at least a year from the date of purchase. Beyond a year, it will be at the discretion of BigDeal.

PLAY Transfer

PLAYs can be transferred from one user to another. There will be a charge of 10 PLAYs for doing the same.

Auction Mechanics
  • In case of THE LAST PLAY: the price of the item increases by $0.01 for each bid placed.
  • The auction ends: when no more bids are placed within the countdown time.
  • The default countdown time: is 10 seconds and can be changed from auction to auction.
  • The user with the last highest bid: wins the auction.
  • Invalid bids: are those placed too late or not registered correctly.
Buy Now Option

Allows users to buy the auctioned item at a set price and get their spent PLAYs back within a limited time.

Fair Play and Security
  • BigDeal aims: to maintain fairness in its auctions.
  • Some users may receive: special promotions or free PLAYs for a balanced auction experience.
  • BigDeal is not responsible: for third-party manipulations or abuses of its service.
Notification of the Win / Acceptance of the Win / Payment
  • Winners see: a congratulation page with payment details.
  • They are also sent: an email confirming their winning.
  • They must pay the full amount: within 14 days of receiving the notification email.
  • Tax is applicable: based on either the "Buy Now" price or the final auction price.
  • There's an option to exchange auction wins: for PLAYs. Users can write an email to BigDeal on support@thebig.deals requesting to convert the winning to PLAYs.
  • Claims for non-receipt of items: must be made within 60 days.
  • BigDeal is not responsible: for stolen or lost items.
Cancellation / Rescission

Winnings once claimed by the user cannot be returned, unless otherwise the product is different or is damaged.

Delivery

BigDeal will deliver items to the address provided by the user. Damages during transport must be reported immediately. If BigDeal cannot deliver the ordered item, they can offer a replacement or a gift card or USDT transfer.

Right of Substitution

BigDeal can replace an ordered item with a similar item or gift card, especially if there are issues with the original item's availability.

Product Correction

If the auctioned item cannot be delivered, BigDeal may offer a substitute or equivalent value in PLAYs. The user may have to return any substituted item if the original item becomes available later.

Merchandise Sources

Items sold may come from various suppliers, some of which may have affiliations with BigDeal.

Manufacturer's Warranty and Disclaimer

BigDeal doesn't manufacture the products and thus doesn't offer warranties. Any warranties are provided by the product's manufacturer.

Limitation of Liability

BigDeal's liability is limited, and they're not responsible for indirect damages.

Disclaimer of Warranties

The services and content are provided "as is". BigDeal doesn't guarantee uninterrupted, error-free services.

Your Indemnity

Users must defend and indemnify BigDeal against various claims, especially those arising from misuse of the services or breach of these terms.

Termination

Both parties can terminate the agreement. Users can terminate by notifying BigDeal and ceasing to use the services. BigDeal can also terminate the user's access for various reasons, including violations of these terms.

Dispute Resolution

If a legal dispute arises between a user and BigDeal related to these terms, both parties agree to resolve it through binding arbitration in the state where the terms were performed, according to the rules of the American Arbitration Association. Both parties also waive their rights to a trial by jury and to participate in class actions.

Applicable Law

The laws governing this agreement will be that of the United States.

Compliance with Laws and Taxes

Users must follow all laws and regulations, especially related to the use of BigDeal's services and purchases.

No Agency

The relationship between the user and BigDeal is strictly customer-business; BigDeal is not representing users in any capacity.

Severability

If a portion of these terms is deemed unenforceable, the rest of the terms still apply.

Claim Limitation

Any claims or legal actions related to BigDeal's services must be filed within one year of the incident.

Force Majeure

BigDeal is not liable for failures or delays in fulfilling obligations due to circumstances beyond their control.

No Waiver

Failure by BigDeal to enforce these terms doesn't mean they've waived their rights.

Free Shipping

All items sold on their site are delivered for free.