Terms of service

TERMS OF SERVICE - bigmark

OVERVIEW
Welcome to bigmark! The terms “we”, “us” and “our” refer to bigmark. bigmark operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalized shopping experience (the “Services”). bigmark uses the Shopify platform, which allows us to offer the Services to you.

The following Terms and Conditions, along with any policies referenced herein (the “Terms of Service” or “TOS”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

ARTICLE 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and you consent to allow your minor dependents to use the Services on devices that you own, purchase, or manage.

To use the Services, including to access or browse our online stores or to purchase any products or services we offer, you may be asked to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for the security of your account credentials and for any activity associated with your account. You may not transfer, sell, assign or license your account to another person.

ARTICLE 2 - OUR PRODUCTS
We have made every effort to accurately display our products and services in our online stores. Please note, however, that colors or appearance may differ from what is displayed on your screen due to the type of device you use, its settings and configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to what is shown in our online stores.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities of products offered to any person, geographic region or jurisdiction, on a case-by-case basis.

ARTICLE 3 - ORDERS
When you place an order, you are making an offer to purchase. bigmark reserves the right to accept or decline your order for any reason, at its discretion. Your order is only considered accepted after written confirmation from bigmark. We must receive and process your payment before your order is validated. Please check your order carefully before submitting it, as bigmark may not be able to accept cancellation requests once the order is confirmed. If your order is declined, modified or cancelled, we will attempt to contact you using the email address, billing address and/or phone number provided at the time of order.

Your purchases are subject to return or exchange conditions in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are for personal or household use, and not for commercial resale or export.

ARTICLE 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time of order and will be indicated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, handling fees, customs duties or import fees.

Prices displayed in our online stores may differ from those offered in our physical stores or on other platforms operated by third parties. We may from time to time offer promotions on our Services that may affect pricing and are governed by separate terms. In case of conflict between a promotion's terms and these Terms, the promotion's terms will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You agree to promptly update your information, including email, credit card numbers and expiration dates, so we can complete your transactions and contact you as needed.

You represent and warrant that: (i) your credit card information is accurate, correct and complete, (ii) you are authorized to use such credit card for the purchase, (iii) charges will be honored by your card issuer, and (iv) you will pay charges incurred at posted prices, including shipping and handling charges and all applicable taxes.

ARTICLE 5 - SHIPPING AND DELIVERY
We cannot be held responsible for shipping or delivery delays. All delivery times indicated are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs procedures or any event beyond our control. As soon as products are handed over to the carrier, title and risk of loss transfer to you.

ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including without limitation all trademarks, trade names, text, displays, images, graphics, product reviews, video and audio content, and their design, selection and arrangement, are the exclusive property of bigmark, its subsidiaries or its licensors. They are protected by U.S. and foreign patent, copyright and intellectual property laws.

These Terms authorize you to use the Services only for personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent.

The names, logos, product and service names, designs and slogans of bigmark are trademarks of bigmark, its subsidiaries or licensors. You may not use them without prior written permission from bigmark. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify.

ARTICLE 7 - OPTIONAL TOOLS
You may be provided with access to client tools offered by third parties as part of the Services, which we do not monitor and over which we have no control.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranty, representation or condition of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including new tools and resources). Such new features shall be considered part of the Services and shall be subject to these Terms of Service.

ARTICLE 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.

We shall not be liable for any harm or damages related to your access to third-party websites, or your purchase or use of products, services, resources or content on such sites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
bigmark is powered by Shopify, which enables us to provide the Services to you. However, any sale or purchase made in our Store is made directly with bigmark. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and bigmark, including any damages, harm or loss resulting from products or services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages and liability arising from or related to your purchase and transaction with bigmark.

ARTICLE 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services to provide and improve them.

ARTICLE 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable and non-exclusive license to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial purposes.

ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

ARTICLE 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You are strictly prohibited from accessing or using the Services: (a) for any unlawful or malicious purpose; (b) in violation of any regulation, rule, law; (c) to infringe intellectual property rights; (d) to harass, abuse, harm or defame; (e) to transmit false or misleading information; (f) to transmit advertising material including spam; (g) to impersonate any person; (h) to restrict or inhibit any other person's use of the Services.

In addition, you agree not to: (a) upload viruses or malicious code; (b) reproduce, duplicate, copy, scrape, sell, resell or exploit any part of the Services; (c) collect personal information of others; (d) spam, phish, pharm, pretext; (e) use any robot, spider, scraper, automated device or AI agent to access the Services; (f) interfere with security features. We reserve the right to suspend, disable or terminate your account at any time without notice if we determine you violated any provision.

ARTICLE 14 - AGENTS
If you use, authorize, or deploy an Agent to access, use or interact with the Services, the Agent must: (i) identify itself in all HTTP/HTTPS requests with “Agent/[agent name]” in the user-agent string; (ii) not conceal that access comes from an Agent; (iii) answer honestly whether interactions come from a human or computer; (iv) not bypass measures intended to block or control Agent access.

ARTICLE 15 - TERMINATION
We reserve the right to terminate this agreement or your access to the Services at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.

ARTICLE 16 - DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED BY BIGMARK, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.

ARTICLE 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BIGMARK, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.

ARTICLE 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless bigmark, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable attorneys’ fees, due to any third party due to (1) your breach of these Terms, (2) your violation of any law or rights of a third party, or (3) your access and use of the Services.

ARTICLE 19 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed. Such determination shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 20 - WAIVER; ENTIRE AGREEMENT
Failure to exercise any right under these Terms shall not constitute a waiver. These Terms and any policies or operating rules posted by us constitute the entire agreement between you and us.

ARTICLE 21 - ASSIGNMENT
You may not delegate, transfer or assign this agreement without our prior written consent. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.

ARTICLE 22 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada and the Province where bigmark is established, without regard to conflict of law principles.

ARTICLE 23 - HEADINGS
The headings used in this agreement are for convenience only and will not affect the interpretation of these Terms.

ARTICLE 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

ARTICLE 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:

bigmark
Email: hello@bigmark.shop
 
 

Last updated: May 13, 2026