• By completing the registration process, either as a Site Leader or as a Member of BigeatSiteBuilder or Bigeat.com website, you are stating that you agree to be bound by all of these TERMS AND CONDITIONS.
  
  
• . In consideration of your use of BigeatSiteBuilder, you agree to: (a) provide true, accurate, current and complete information about yourself and your business (if applicable) as prompted by the BigeatSiteBuilder registration form and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of BigeatSiteBuilder (or any portion thereof).
  
  
• You will create a password and receive account designation upon completing the BigeatSiteBuilder registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify the Company of any unauthorised use of your password or account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
  
  
• You agree that all information, data, text, software, music, sound, photographs, graphics or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not the Company, are entirely responsible for all content that you upload, post, email or otherwise transmit via BigeatSiteBuilder.
  
  
• All domains are FREE with all packages (subject to availability) for as long as you stay with us.
  
  
• At the time of registration you will have a choice of choosing your desired template from our template database; currently we have approx. 15,000 professionally made web templates focused SOLELY on the restaurant industry. Each and every template is individually priced according to the quality of each template. The Company reserves the full copyrights of all the templates/designs, and therefore the Bigeat Ltd copyright will show at the bottom of each template.
  
  
• You undertake not to use BigeatSiteBuilder to
  
  
• upload, post, publish, distribute, disseminate or otherwise transmit any content (hereinafter "post") that is unlawful, tortuous, defamatory, harmful or invasive of another's privacy, or otherwise objectionable, including but not limited to material that promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;
  
  
• create a Member Site containing nudity, or pornographic material, or sexual material of a lewd, lecherous or obscene nature and intent, or material of a vulgar, profane or obscene nature without suitable warning to browsers of the nature of the site prior to viewing the content;
  
  
• upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas of the BigeatSiteBuilder that are designated for such purposes;
  
  
• interfere with or disrupt BigeatSiteBuilder or servers or networks connected to the BigeatSiteBuilder, or infringe any requirements, procedures, policies or regulations of networks connected to BigeatSiteBuilder, or interfere with another User's use and enjoyment of BigeatSiteBuilder, including but not limited to attempting to gain unauthorised access to BigeatSiteBuilder, an account that is not your own on BigeatSiteBuilder, or private mailing lists on BigeatSiteBuilder through password mining or any other means;
  
  
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as the rights of privacy and publicity) of others;
  
  
• engage in commercial activities that are deemed inappropriate on BigeatSiteBuilder. As such the Company has the right to remove or suspend a membership programme that they feel falls into this category.

• Any restaurants or takeaways wishing to use or take advantage of Bigeat.com's product or services are strongly advised to sign up for a Free 30-Day Trial account, in which time they can evaluate the entire system.
  
  
• A few areas are restricted in the Trial account, and these will be fully accessible when the User registers for the paid version.
  
  
• Free 30-day Trial account approval may take between 12 and 48 hours after verifying the existence of the User.
  
  
• Bigeat.com will collect business names, addresses, company registration numbers, valid email IDs, telephone numbers, etc at the trial registration process, which will then be used for verification.
  
  
• All trial account Users must comply with the existing terms and conditions as laid out on the Bigeat.com site.
  
  
• If a trial User wishes to transfer all updated details/content over to the registered version, he/she is required to register through their trial admin User interface. Bigeat.com shall not be held responsible for any loss of or damage to data.
  
  
• Once the 30 days is over, the trial account will be deleted in full and removed from our database. User information may be kept in our database for future marketing/advertising purposes or sending information with regard to promotional offers or new services, etc.
  

30-Day Money Back Guarantee

Bigeat.com proudly offers its Subscribers a "30-Day Money Back Guarantee". This guarantee allows Subscribers to purchase Bigeat.com's services with full confidence and zero risk. Consequently, Subscribers may request a full refund within 30 days of initial sign-up and be refunded all fees paid to-date less setup fees and template prices. Terminated accounts are not eligible for this guarantee if the termination occurred because of a violation of these TACs.

This guarantee can be requested at any time within 30 days of commencement of service if the Subscriber is not satisfied with Bigeat.com's service. If the 30-day period of the subscription has been exceeded, the Subscriber is not eligible for this guarantee. A request for this guarantee must be submitted via Bigeat.com's client admin web account interface.
If requesting a refund, we ask that Subscribers briefly explain the reasons for doing so, as well as any suggestions on how Bigeat.com could improve its services.

Refund or Transfer of Domain Registrations

Bigeat.com utilises an industry-standard third party registrar for domain-name registration services. Once an order is placed for a new domain name through Bigeat.com, we register the domain for the Customer through the registrar. Domains registered in this manner are not eligible for a refund, as the domain registration is part of the package, and the domain will automatically be renewed with the package on a yearly basis.

All domains registered through the Bigeat.com website may show domain ownership in 'Who Is' with Bigeat.com's details. If you cancel your Bigeat.com service, Bigeat.com will retain ownership of your domain name, and domain ownership transfers can be made to you on request.

Bigeat.com takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of Bigeat.com may not use, or permit others to use, our network to partake in UCE distribution. Customers of Bigeat.com may not host or permit hosting of sites or information that is advertised by UCE from other networks.

Upon notification of an alleged violation of our SPAM policy, Bigeat.com will initiate an immediate investigation. During the investigation, Bigeat.com may restrict Customer access to the network to prevent further violations. Subscriber will thereafter be advised of the situation. If a Subscriber is found to be in violation of this TOS, Bigeat.com may, at its sole discretion, unilaterally restrict, suspend or terminate the violating Customer's account. Furthermore, Bigeat.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Bigeat.com will notify law enforcement officials if the violation is believed to be a criminal offence.

Bigeat.com strictly prohibits the use of certain scripts such as IRC, Proxy, SSH, Telnet, or any other script that may overwhelm server resources because of the inherent nature of the script itself or by defect in the coding of the script. If a User's script is found to be in violation of this clause, or is found to be overwhelming system resources, the User may be requested to remove the script, or in cases of system resource abuse, it may be removed without prior warning and/or the User's account may be suspended for further review.

Establishment of this service is dependent upon receipt of payment of the charges stated by Bigeat.com. Subsequent payments are due on the anniversary date of the year for that year's service

The Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of Bigeat.com and that damages resulting from any interruption of service are impossible to ascertain. Therefore, the Subscriber agrees that Bigeat.com shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Bigeat.com. The Subscriber further acknowledges that Bigeat.com's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the Subscriber for services during the period damages occur on a pro-rata basis. In no event shall Bigeat.com be liable for any special or consequential damages, loss or injury.

In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases that involve the change of nameservers of a domain from other DNS servers to Bigeat.com's DNS servers, there may occasionally be a delay of several days, weeks or longer, depending on the accessibility of control options at the respective registrar of the domain-name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain nameservers cannot be changed at all. Owing to the unpredictable nature of the nameserver-change process, no guarantees are made regarding the amount of time a specific change may take. On Customer request, the nameserver change of domain names is undertaken by Bigeat.com on behalf of the accountholder. In such cases, a successful change of nameservers cannot be guaranteed in any way or fashion, as it solely depends on the accessibility of or cooperation by the third party domain name registration's registrar.

Subscribers or any network Users are prohibited from violating or attempting to violate the security of Bigeat.com's network or any and all components therein. Violations of system or network security may result in civil or criminal liability. Bigeat.com will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting Subscribers who are involved in such violations. These violations include but are not limited to

The TOS specifically prohibits the use of our service for illegal activities. Therefore, the Subscriber agrees that Bigeat.com may disclose any and all Subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they possess the proper court-approved warrant, without consent or notification to the Subscriber.

Each party (the "Indemnifying Party") hereby indemnifies the other party (the "Indemnified Party"), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorney fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party's representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that the Indemnifying Party shall have the right to select counsel and control the defence thereof, subject to the rights of the Indemnified Party to participate therein.

1. The Subscriber can upgrade his/her package at any time during the membership period; this is possible through the Subscriber’s client admin online store interface.
   
   
2. At the point of upgrading the Subscriber will incur additional charges (such as setup charges and differences in package pricing ).
   
   
3. The Subscriber’s package will be upgraded within 24 –48 hrs, and Bigeat.com will let you know via email.
   
   
4. Once the Subscriber’s package is upgraded, the new yearly subscription will follow on to the next renewal date.
   
   
5. The Subscriber can purchase and use any template as and when he/she likes from our entire template database at a separate template price.
   
   
6. Template payment must be made only once to use that template during the period; the Subscriber may purchase other templates for which he/she has to make a separate payment.
   
   
7. Multiple templates can be purchased or used during the subscription period.
   
   
8. All templates are package-driven, and therefore the Subscriber may need to choose according to his/her existing package, or if she/he upgrades his/her package, he/she may need to purchase a separate template that is suitable for the upgradeable package.

1. Bigeat.com provides site search functions FREE through the Customers’ own keywords, and this facility is available to all Bigeat.com’s Subscribers.
   
   
2. The site search function is available via the client admin interface and can be updated/edited unlimited times at no extra cost.
   
   
3. For those Customers who want to be found via their site on major search engines ( such as Google, Yahoo ) through keyword searches, they are required to purchase the search engine submission service at a separate price. This is only available to Bigeat.com’s existing Customers.
   
   
4. Once the search engine submission service is purchased and approved by Bigeat.com, keywords cannot be changed or edited.
   
   
5. Bigeat.com will send the Customer monthly submission reports, which  can be viewed from his/her admin interface.

1. All Members are required to provide correct details such as name, address, email, telephone, etc at the time of registration.
   
   
2. All Members are required to keep their details up-to-date at all times, and it is their responsibility to do so.
   
   
3. Where necessary, Members must give their credit card details to a restaurant at the time of placing online orders, bookings & reservations, buying gift vouchers, etc, on the restaurant’s request. Note that Bigeat.com will never ask the Member to provide such details on either the Bigeat.com site or the restaurant’s site except for gift vouchers.
   
   
4. Members must keep their user name and password in a safe place, as this information is required to log into Bigeat.com’s member admin panel.
   
   
5. Members must safeguard their details, as all activities undertaken and such details are Members' sole responsibility and are neither Bigeat.com's nor its restaurants' responsibility.
   
   
6. Members must provide their mobile/cell-phone number at the time of placing an online order, booking & reservation, or buying gift vouchers, to verify the existence of such Members.
   
   
7. Members are allowed to cancel/terminate their membership at any time if they do not have any pending transaction(s) between Bigeat.com and its restaurants.
   
   
8. However, if there are any pending transactions, it is the Members’ and restaurants’ responsibility to resolve these when there are monitory transactions involved.
   
   
9. When Members buy gift vouchers from the Bigeat.com site for a chosen restaurant that are not used or redeemed at the restaurant, Bigeat.com will retain the money.
   
   
10. Gift vouchers purchased are not refundable and must be redeemed according to the Gift Vouchers redemption policy.
    
    
11. All reviews given online for restaurants are to be shown upon restaurants' approval and therefore Bigeat.com requests that all registered Members be as fair as possible and must not harm a restaurant's reputation in any case.
    
    
12. Bigeat.com does not take responsibility or have any control over Members’ review on restaurants.
    
    
13. All Members are fully screened before they enter into the Bigeat.com database, and if there are any offensive review(s) made for restaurants, the relevant Member’s information may be passed onto the relevant restaurant or any judicial authority on their request.

1. Members will purchase gift vouchers directly from a restaurant’s website via Bigeat.com’s website, and payment will be made directly to restaurants.
   
   
2. Each gift voucher has a validity period that will be set by the restaurants and displayed on the gift voucher.
   
   
3. If a gift voucher is expired, it the restaurant’s discretion whether to honour it.
   
   
4. A gift voucher does not have any cash value.
   
   
5. Each gift voucher can only be used once at the restaurant it was purchased for.
   
   
6. There is a small activation charge that must be paid by restaurants, and every time Bigeat.com processes a gift voucher, a restaurant needs a GVPU (Gift Voucher Processing Unit), which will be purchased in advance. For more information, please visit http://www.bigeat.com/restaurateurs/howitworks.html and select the Gift Voucher tab.
   
   
7. Once a gift voucher is purchased, Bigeat.com has no responsibility to deal with any payment dispute/query. This MUST be dealt with between Members and restaurants.
   
   
8. All gift voucher history will be available in both the Members and restaurants admin area together with PayPal payment reference details, and invoices will be also be generated.