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PLEASE NOTE: THE SECTION OF THESE TERMS OF USE ENTITLED “DISPUTE RESOLUTION” CONTAINS AN ARBITRATION CLAUSE THAT REQUIRES DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS, AND PROHIBITS CLASS ACTION CLAIMS. IT AFFECTS HOW DISPUTES BETWEEN YOU AND BIGFACE ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.


Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications(the "Services"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at [email protected].


These Terms of Use (the "Terms") are a binding contract between you and BigFace.co.nz. You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.


Will these Terms ever change?
We reserve the right to change the Terms at any time. We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.


What are the basics of using the Services?
You may be required to sign up for an account and select a password and username (“BigFace User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your BigFace User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).

You will only use the Services for your own internal, personal, use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by any applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

You may have multiple accounts on BigFace. But BigFace strictly forbids the use of multiple accounts for the same sole user or the use of one account for multiple users for the purpose of earning more rewards. BigFace will not honor rewards earned from such accounts.

By using the Services, you will automatically be deemed to have opted in to receive e-mail communication from us. When you sign in for the first time, your preferences will be set to automatically publish all social interactions to other social networks. However, you will be able to edit these preferences at any time under “Settings.”

Do the Services cost anything?
It is currently free to access and browse BigFace.co.nz or any other Services. However, you may choose to purchase products through the Services, and you alone will be responsible for paying the purchase price of any products you buy, in addition to any taxes and shipping costs. BigFace may limit or cancel quantities of products purchased, and it reserves the right to refuse any order. In the event BigFace needs to make a change to an order, it will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made. Prices are subject to change at any time. Due to separate and applicable tax jurisdictions, your purchases may be subject to specific sales, custom or value-added taxes, and the shipping time and associated cost may increase accordingly.

BigFace reserves the right to require payment of fees for certain or all Services, in addition to the fees charged for the purchase of products. You shall pay all such fees, as described on the website in connection with such Services selected by you. BigFace reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.


What if I need to return a purchase?
We want you to be completely satisfied with your purchase on the Services. If for any reason you are unhappy, please contact BigFace support at [email protected].

You may return any product within 30 days of delivery. You can initiate a return or a refund on items from your Order History page. Simply click on ‘Support’ next to the item you wish to request a return or a refund and BigFace support will be ready to assist. Only items purchased from bigface.co.nz comply with this policy. NOT INCLUDING ITEMS PURCHASED FROM OUR TRADEME STORE.

We aim to process all requests within 72 hours upon receiving. Refunds are issued back to the original form of payment used to purchase the order. Should you have any questions about the status of your refund, your return or your account, please feel free to contact BiFace support at [email protected]. For more information on our Return Policy, visit Return Policy.

If a BigFace promotional credit is applied to an order and that order is refunded for any reason, any promotional credit used in that order will not be refunded.

BigFace cannot refund, reimburse, cover, or otherwise be responsible for any fees not paid to BigFace. This includes any customs taxes or any return shipping costs you may incur in the refund process.

However, the foregoing refund and return terms DO NOT apply to any product you purchase by using Trademe.


General
By purchasing (product and/or service) from us you agree to our terms & conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
While we endeavor to supply accurate information on this site, errors and omissions may occur. We do not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this site. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this site.


Terms Used
'The seller', "we", "our" or "us" refer to BigFace NZ.
'The buyer', "you" or "your" refer to any legal entity purchasing from the seller or using this website.
'The website', "this website" refer to www.bigface.co.nz and BigFace store at Trademe.


Prices and Currency
All prices are in New Zealand dollars and are inclusive of GST (being tax levied in accordance with the Goods and Services Tax Act 1985 and includes a tax levied in substitution for such tax). Please note that we reserve the right to alter prices at any time for any reason.


Product Descriptions and Pricing Information
Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. In the occasion, a product is listed at an incorrect price, or with incorrect information due to an error in pricing or product information received from our suppliers, the seller shall have the right to refuse or cancel any orders placed for product listed at the incorrect price, regardless the payment status. All prices are correct when published. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as canceled. If you cancel and you have already paid for the goods, you will receive a full refund. The seller reserves the right to change the content of the website at any time and without prior notice.


Order Acceptance Policy
Your receipt of an electronic or another form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Order acceptance only occurs when the goods are dispatched to the buyer. The seller reserves the right at any time after receipt of your order, to accept or decline your order for any reason. The seller reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.


Refusing or Cancelling Orders
In the unlikely event that the goods or services ordered are no longer available we reserve the right to refuse or cancel an order. If we cancel the order that you have already paid for, you will receive a full refund.


Payment
For all goods or services ordered by you, you must pay the price for the goods or services specified on our website, including shipping cost.


Layby Terms
• If you would like to create a layby on your order placed with us, please contact us within 24 hours by email [email protected].
• 20% deposit is required at the time the Layby is created.
• The Layby is to be paid off over a 3 month period with flexible payments. The total payable amount is a fixed amount of the original invoice which includes shipping cost.
• Layby payments can only be made via bank deposit. We will provide bank details by email.
• Some products cannot be placed on layby. Please refer to the product descriptions where applicable.
• Under Layby Sales Act 1971, you have the rights to cancel layby. 20% deposit is non-refundable.


Dispatch Warehouses
Items will be freighted from our Auckland distribution warehouses or warehouses in China depending on stock availability.
Freight rates will remain the same as listed on the website for each item regardless of the dispatch location.


Shipping & Delivery
We only ship orders to New Zealand addresses. We do not accept international orders.

NOTE: Please choose your order carefully as we cannot make changes after it has been invoiced and dispatch.

Delivery times: Monday to Friday (public holiday not included)

a. We will endeavor to dispatch goods as soon as the payment is received. Please refer to the website for the approximate delivery time. (Delivery to Rural Addresses normally takes longer, please refer to Rural deliveries)
b. All orders are shipped using Track and Trace. Once dispatched, you will see tracking details when you logged in to your account.
c. Orders placed on a New Zealand public holiday will be processed on the next business day.
d. If for some reason we cannot fulfill your order within the specified timeframes you will be notified by email of the new delivery time.
e. Orders paid for using Direct Credit / Internet Banking or Bank Transfer will be shipped upon confirmation that your payment has been received. Payments normally take around 24 hours to reach our bank account.


Door to Door standard delivery:
a. Products are delivered securely by signature required courier or freight service to your shipping address provided when you place an order unless arranged otherwise.
b. Signature is required unless agreed directly with the courier or freight company, and it is solely your own risk and responsibility of the goods receiving without Signature.
c. Before signing the courier/carrier driver's delivery docket, please inspect your goods for signs of any damaged packaging. You MUST notify us within 24hrs of any internal or external damages to your goods by email: [email protected] we will organize the inspection. Please keep the parcel or cover in which the goods came as courier or carrier company will need to inspect it.
d. Door to door standard delivery service may require easy access to ground level only. (no stairs)
e. Some customer assistance may be required at time of standard delivery for large or heavy items.
f. Extra charges will apply for all non-standard deliveries and must be organized and paid for in advance.
g. Unless otherwise stated all deliveries are made between Monday & Friday.
h. For large items delivery, you may be contacted by their customer service team 24 hours prior to delivery.
i. Assembly is not included.


Rural deliveries:
Extra charges will apply to all rural deliveries.
Delivery to rural addresses normally takes an extra 1-3 business days.


Order Delivery Times
Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation.


Assumption of Responsibility
The buyer understands that the use of certain products/equipment may be a risk to physical health and safety if not done properly. The buyer further understands that it is the seller's recommendation, that the buyer consults a physician or sports professional prior to using any product/equipment or engaging in any activity.
The seller shall not be held responsible for damages arising from the buyer's recklessness, negligence, misuse, or for any damage or injury that occurs pursuant to any information received from the seller, or by any other means now known or later developed.


Damaged Product During Delivery
Before signing the courier/carrier driver's delivery docket, please inspect your goods for signs of any damaged packaging. Sign them as damaged/short landed, where applicable upon receipt. Concealed damages are accepted but require immediate notification (within 24 hours of delivery).
You MUST notify us within 24 hours of any internal or external damages to your goods by email. You MUST notify us within 24 hours any malfunction or fault of the item you received by email. ([email protected]) We will organize the inspection. You MUST keep the item you received intact without trying to repair or further damaging it in any way. Please keep the parcel or cover in which the goods came as courier or freight company will need to inspect it.


Returns Policy
1. Goods cannot be returned if you simply change your mind.
2. If goods are faulty we will meet our obligations under the Consumer Guarantees Act but proof of purchase is required. Faulty goods must be returned to us as soon as possible. Customers will be responsible for return shipping fees.


Products With Warranties Stated On Listing Pages
Certain products with warranties stated clearly on their listing pages. However, warranty cover does not include damage caused by operating the equipment in a way, which is outside the described instructions.

Warranty will not be covered for items purchased from an unauthorized dealer.

Warranty cover does not include damage caused by accidents, misuse, neglect and lack of maintenance, usual wear and tear, natural disaster or any other external causes.

If the item has been modified, changed or tampered with by a person (or persons) not authorized by the seller to provide service (which does not include standard periodic maintenance), in all such cases the warranty is considered void.

The final resolution on the returned product is solely at the seller's discretion. We may offer replacement parts to you or fit replacement parts once the fault/issue is ascertained or to the satisfaction of both parties, other alternatives may be offered.

The goods may need to be returned to resolve fault/issue where necessary. The buyer shall pay all shipping cost for both outbound and inbound.

Warranty does not cover all consumable parts (and accessories) include but not limited to: carry bags, chair covers, boat covers, caravan covers, batteries, cables, chains, tubs, pads, nets, wheels, blades etc.

Warranty does not cover damage to boat cover, bimini top, caravan cover and any other cover products in any form from use of the item including but not limited to the following acts: misuse, abuse, incorrect fitting, neglect, improper boat protection, accidents or acts of nature.

Purchasing goods for business purposes, the Consumer Guarantees Act does not apply.

PROCESS:
Here's what you need to do:
If you have a defective or damaged item please contact us immediately:
a. Notify us by email ([email protected])
b. The following information is required to enable to us determine the best resolution: order ID, date of purchase, model of the item, contact name and daytime contact number and description of the fault or damage (photos or videos is ideal).
c. The majority of issues can be easily resolved by step by step instructions communicated by email, for more complex issues our Technical Team will discuss the best solution for you. You may be required to return the goods (shipping cost at your expense) to our Auckland office. We will return the product back to you once repaired/replaced (shipping cost at your expense).
d. Before returning the goods to us, we will provide you with our Auckland office shipping address information for the courier/freight company.
e. The buyer is accountable to make sure the goods is firmly packaged to avoid any damage during the return process. It may affect the final decision to be offered in case of failure to do so, which may include replacement items, repairs or store credit at our sole discretion.
f. The buyer is responsible for the cost of returning any items. Make sure you use a courier service that ensures you for the value of the items you are returning and obtain proof of shipping.


Warranty Disclaimer
Neither BigFace nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services (unless specified on the product listing page). We(and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered(whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from BigFace or others(unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY BIGFACE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.


Fixed-Term Money Back Guarantee Policy
We ONLY offer this money back guarantee policy to limited product lines which are specified in the product descriptions.

PROCESS:
Here's what you need to do:
If you would like to return the goods under Fixed-Term Money Back Guarantee Policy:
1. Notify us by email ([email protected]) within 30 days of your original order date. Tell us your order ID, date of purchase, model of the item, contact name and daytime contact number and reason for requesting the return.
2. Before returning the goods to us, we will provide you with our Auckland office shipping address information for the courier/freight company you might choose.
3. Return the goods to our Auckland office, at your cost, in new and resalable condition with all original packaging (internal and external), accessories, manuals complete with the original order information.
4. Provide shipping tracking number to us if appropriate.
5. Please note: Once a return is authorized, the buyer is accountable to make sure the product is firmly packaged to avoid any damage during the return process. It may affect the final decision to be offered in case of failure to do so, at our sole discretion.
6. AVOID sticking or writing anything on the item itself or on its packaging. Please use only the outer postage packaging to write or place postage stickers.
7. We will refund the value of the goods you paid for excluding all shipping costs, once our technicians have assessed the item for any damage. In the unlikely event that a product is returned to us in an unsuitable condition, refund will be at our discretion.
8. You'll be responsible for the cost of returning any items. Make sure you use a courier service that ensures you for the value of the items you are returning and obtain proof of shipping.
9. Fixed-Term Money Back Guarantee policy does not apply to any Faulty or Damaged goods. Faulty or Damaged goods are processed under our Warranty in Terms & Conditions.


Property/Risk
Property and risk in goods ordered by you from us will pass to you upon delivery of the goods to your specified delivery address for the relevant order.


Limitation of Liability
To the full extent permitted by the laws in New Zealand, the seller shall not in any occasion be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. If the products and/or services on this website are purchased for business purposes, as defined by the Consumer Guarantees Act 1993 ("the Act"), the provisions of the Act shall not apply to the products and/or services so purchased.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL BIGFACE (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO BIGFACE IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.


Indemnity
To the fullest extent allowed by applicable law, You agree to indemnify and hold BigFace, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).


Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without BigFace’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.


Choice Of Law & Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of New Zealand. You and BigFace agree to submit to the personal jurisdiction of a district/high court for any actions which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.


Dispute Resolution
Mandatory, Bilateral Arbitration and Waiver of Class Actions.

Please read this carefully. It affects your rights. YOU AND BigFace AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF BigFace, TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH BigFace, TO THIS AGREEMENT, OR TO THE CONTENT, AND/OR USER SUBMISSION (PUBLIC, PERSONAL AND/OR LIMITED AUDIENCE) ON BigFace SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that (1) you may assert claims in small claims court if your claims qualify; and (2) this agreement to arbitrate does not include your or BigFace’s right to seek injunctive or other equitable relief in court to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The NZ arbitration law applies to this agreement and governs all questions as to whether a dispute is subject to arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on the individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Use.


Dispute Notice
Before initiating an arbitration, you and BigFace each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be sent to [email protected]. BigFace will provide a Notice of Dispute to you via the email address associated with your BigFace User ID. You and BigFace agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until this 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or BigFace may commence an arbitration proceeding.


Arbitration Process and Procedure
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. Further, unless both you and BigFace expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. If for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.

YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND BIGFACE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.


Hearing
If your claim does not exceed $5,000, you and BigFace agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and BigFace submit to the arbitrator unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or BigFace or deemed necessary by the arbitrator, you and BigFace agree that the hearing will be conducted telephonically or video graphically.


Arbitrator's Decision
An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding and judgment on the award may be entered in any court of competent jurisdiction.


Changes to the Agreement
BigFace reserves the right to alter, modify or update these terms of use. These terms apply to your order. We may change our terms and conditions at any time, so please do not assume that the same terms will apply to future orders.


Gift vouchers
Gift vouchers delivered within New Zealand do not incur a freight and handling charge. Sorry, this excludes Chatham Islands & Steward Island. Please contact our Customer Services Department for alternative freight options.
All freight and handling charges for goods delivered outside New Zealand (North & South Island) will be advised upon receipt by us of your order. Your order will not be sent to you until freight costs are confirmed by you.
Gift vouchers only redeemable in New Zealand. Freight and handling for Gift Vouchers to be delivered outside New Zealand will be upon receipt by us of your order. Your order will not be sent to you until freight costs are confirmed by you.


Miscellaneous
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the BigFace may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and BigFace agree that these Terms are the complete and exclusive statement of the mutual understanding between you and BigFace, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of BigFace, and you do not have any authority of any kind to bind BigFace in any respect whatsoever.