Terms and Conditions

Welcome To Brigma Term & Conditions Policy:

We’re glad that you have come to join us. So unwind, make yourself comfortable and have a wonderful time reading through this “Term & Conditions Policy”, however, please follow Brigma rules as you go on reading.

1. Accepting These Terms:

This document and the other documents that we reference below make up our site rules, or what we officially call our Term & Conditions Policy (the “Terms” for short).

The Terms are a legally binding contract between you and Brigma (actually, if you live in North America or South America, the contract is between you and Brigma; if you live elsewhere, the contract is still between you and Brigma, one whole Brigma; but we’ll just refer to Brigma, and one whole collectively “Brigma”).

Please note that section 11. Disputes with Brigma, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

This contract sets out your rights and responsibilities when you use Brigma.com and our services provided by Brigma (we’ll refer to Brigma.com, services as our “Services”), so please read it carefully. By using our Services (even if you are just browsing our websites), you’re agreeing to our Term & Conditions Policy. If you don’t agree with our Term & Conditions Policy, you may not use our Services.

2. Those Other Documents We Mentioned:

Brigma’s Services connects people around the world, online to make sells, Shop and buy unique merchandise. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use our Services:

A. Our Site Rules Everyone Should Abide By: If you use any of our Services, you agree to these Terms and Conditions Policy, as well as our Privacy Policy.

B. Our Site Rules for Sellers & Buyers: If you list any items for sale through our Services, this policy apply to you and your company and for buyers, if you use our Services to browse or shop, these policy also apply to you.

C. Intellectual property owners: All of these policies here are a part of our Terms, so be sure to read the ones that are relevant to you. However, you should read the rest of this Terms and Conditions policy because it applies to everyone including buyer sellers!

3. Your Privacy Policy:

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it.

Brigma and sellers processes member’s personal information (example; buyer’s name, email address, and shipping address) are therefore considered separate and independent data controllers of buyer’s personal information. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Brigma, will be responsible for that unauthorized disclosure.

If, however, Brigma and sellers are found to be joint data controllers of buyer’s personal information, and if Brigma is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Brigma for the expenses it occurs in connection with your processing of buyer personal information. (Read section 9). Indemnification or what happens if your behavior becomes a reason for Brigma to get sued below for more information about your indemnification obligations to Brigma.

4. Your Account with Brigma:

You’ll need to create an account with Brigma to use some of our Services. Here are a few rules about accounts with Brigma.

A. You must be 18 or older to use our Services: Minors under 18 and at least 15 years of age are only permitted to use our Services through an account owned by their parent or legal guardian with their appropriate permission and under their direct supervision. Children under 15 are not permitted to use Brigma services. You are and will be held responsible for any and all account activity conducted by a minor on your account.

B. Be honest with us: Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.

C. Choose an appropriate name: If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, or infringes someone’s intellectual property rights, or otherwise violates the Terms of Use.

D. You are responsible for your account: You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will at the end of the day be responsible for all activity. If you’re registering as a business entity, you’ve personally guaranteed that you have the authority to agree to the Terms of Use on behalf of the business. Also, your accounts are not transferable.

E. Protect your password: As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.

Furthermore, in this buyer and seller relationship between you and Brigma; our Terms and Conditions Policy, is not creation of agency, partnership, joint venture, employment, or franchisee relationship between you and Brigma.

5. Your Content:

Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it. That includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

A. Responsibility for Your Content: You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.

B. Permission to Use Your Content: By posting Your Content through our Services, you grant Brigma a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Brigma function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.

C. Rights You Grant Brigma: By posting your content, you grant Brigma a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your content. This allows us to provide the Services and to promote Brigma, your Brigma shop, or the Services in general, in any formats and through any channels, including across any Brigma Services, our partners if any, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with this license, to the extent Your Content contains any personal information.

That sounds like a lot, but it’s necessary for us to keep Brigma going. Consider these examples: if you upload a photo of a listing on your Brigma shop, first, we have permission to display it to buyers, and second, we can resize it so it looks good to a buyer using our mobile app; if you post a description in English, we can use it in our public ads so a buyer in visiting Brigma can learn very quickly about your item; and if you post a beautiful photo of your latest merchandise; example: necklaces, phone, shoes etc. we can feature it on our homepage, to help promote your business and Brigma’s.

D. Reporting About Unauthorized Content: Brigma has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice and We’ll also notify you if that happens.

E. Inappropriate, Bogus or Misleading Content: This should be common sense, but there are certain types of content we don’t want posted on Brigma’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive as it is a violation of our policy, or any part of Brigma Terms and Conditions policy. You also agree not to post any content that is false and misleading or uses the Services in a manner that is false or unreliable.

6. Your Use of Our Services:

License to Use Our Services: We grant you limited liability, non-exclusive, non-transferable, and revocable license to use our Services. Subject to our Terms and Conditions Policy and the following restrictions in particular:

A. Don’t Use Our Services to Break the Law: You agree that you will not violate any laws in connection with your use of our services. This includes any local, state, federal, laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires but may not be issued! You may also not sell prohibited item and you must comply with this policy and must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Brigma, another Brigma user, or a third party if any.

B. Pay Your Bills: You are responsible for paying all fees that you owe to Brigma. Except as set forth below, you are also solely responsible for collecting and or paying any applicable taxes for any purchases or sales you make through our Services. All digital products sold to buyers in any part of the world are downloadable after buyers have made their payment through PayPal and PayPal have remitted the fund to Brigma, the download link will then be send to buyers so they could download the digital product they ordered. In addition, buyers and sellers in South Carolina States must pay the South Carolina States taxes while buyers and sellers in other States are responsible of their state’s applicable taxes.

C. Don’t Steal Our Stuff: You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.

D. Don’t Try to Harm Our Systems: You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.

E. Follow Our Trademark Policy: The name “Brigma” and the logos, phrases, and designs we use in connection with our services, are trademarks, services, of Brigma in the US and around the world.

F. We Welcome Ideas: Do you have ideas we could use to improve? We love to hear from you if you have suggestions or ideas we could use to improve our Services. Ideas from our users are very much welcomed especially if the idea could help us. Any unsolicited ideas or other materials you submit to Brigma (not including Your Content or items you sell through Brigma Services) are considered none confidential and none proprietary to you! It means that you have granted us none exclusive, royalty-free, irrevocable, sub licensable, continuous license to use and publish those ideas and materials for any purpose, without compensation to you.

G. Electronic Communicating Policy: Brigma will provide you with certain legal information electronically and by using our Services, you’re agreeing to our Electronic Communications, which is the easiest and fastest way to communicate in this present century. It also saves environments from pollution. We ill send information to you electronically by email, which is environmentally friendly, instead of mailing hard paper copies. Your electronic agreement is the same and binding as your signature on a hard paper copy.

7. Termination:

A. Termination by You: We’d lose our vendors/sellers as, but you could send us an email requesting that we should terminate your account with Brigma at any time. However, we will like to gather information why you suddenly want to cancel your account with Brigma to see if there’s in any way we could help you to not to cancel your with us because we would like see that you continue using Brigma services for your sells. Terminating your account will affect the availability of your product or content that you posted on our site using our services prior to termination. Brigma will pull down your posted products from the public view. However, you’ll still have to pay any outstanding bills on your account prior to termination of account.

B. Termination by Brigma: We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without formal notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our services, for example, to sell on our websites. Brigma may refuse service to anyone, at any time, for any reason.

If you or Brigma terminate your account, you may lose any information associated with your account, including Your Content.

Brigma reserves the right to change, suspend, or discontinue with any services at any time, for any reason. We will not be liable to you for the effect that any changes to the services may have on you, including your income or your ability to generate revenue through the services.

C. Endurance of Terminated Account: The Terms will remain in effect even after your access to the Service is terminated, and or your use of the Service has ended.

8. Warranties and Limitation of Liability:

A. Products You Purchase On Brigma Site: You must understand that Brigma does not manufacture, store, or inspect any of the products sold through Brigma website. All we provide is the site. The products in our marketplaces are produced, listed, and sold directly by independent sellers, so Brigma cannot and does not make any warranties about their authenticity or their quality and safety. Any legal claim related to an item you may purchase must be brought directly against the seller of the product. Brigma must be released from any claims related to items sold through our website and services, including for defective items and misrepresentations by sellers, or items that caused physical injury, like product liability claims.

B. Offensive Content You May encounter: On our website you may come across materials that you find offensive or inappropriate while using our services. We make no representations concerning any content posted by users of our website through the services. Brigma is not responsible for the accuracy, copyright compliance, authenticity, or decency of content posted by users that you encountered through the services. You must release us from all liability relating to such content.

C: People you interact With: You can use the services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our services, and so you must release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. This Help article has some good advice about handling in person meetings.

Third-Party Services: Our Services may contain links to third-party websites or services that we don’t own or control. Example: links to Facebook, Twitter, and Google-Plus). When you access these third-party services, you are doing so at your own risk. The third parties may require you to accept their own terms of use. Brigma is not a party to those agreements; they are solely between you and the third party.

D. Brigma Warranties: We at Brigma is dedicated to making our services the best they can be, but we’re not perfect and sometimes things can go wrong. You have to understand that our services are provided on “as is” and without any kind of warranty expressed. We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

E. We do not guarantee that:
1. The services will be secure or available at any particular time.
2. Any defects or errors will be corrected.
3. the services will be free of viruses or other harmful materials or,
4. The results of using the services will meet your expectations. You use the services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

F. Liability Limits: To the fullest extent permitted by law, neither Brigma, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the services or these Terms of Services. In no event shall Brigma’s aggregate liability for any damages exceed the greater of one hundred US Dollars ($100) or the amount you paid Brigma in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

9. What Happens If We Get Sued By You?

We hope this never happens, but if Brigma gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Brigma including any of our employees and hold us harmless from any legal claim or demand, which includes reasonable attorney’s fees (that arises from your actions), of your use or misuse of our services, your breach of the Terms of Use, or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

10. Disputes with Other Users:

If you find yourself in a dispute with another user of Brigma’s services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

A. Brigma Case & Settlement System: Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites may participate in our case system. You can find details about the case settlement system in this Help article. Brigma will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Brigma has no obligation to resolve any disputes.

B. Release of Brigma: You must release Brigma from any claims, demands, and damages arising out of disputes with other users or parties.

11. Disputes with Brigma:

Should anything upset you about Brigma services, just feel free to let us know, and hopefully we can resolve your issue whatever the issue might be. But if we cannot, then these rules will govern any legal dispute involving Brigma services:

A. Governing Law: The Terms of Use are governed by the laws of the State of South Carolina, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

B. Arbitration: You and Brigma agree that any dispute or claim arising from or relating to the Terms and Conditions Policy, shall finally be settled by binding arbitration, using the English language, administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules then in effect, those rules are deemed to be incorporated by reference into this section, and as of the date of this Terms and Conditions Policy you can call the American Arbitration Association (AAA) at 1-800-778-7879. Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms and Conditions Policy will take place on an individual basis class arbitrations and class actions are not permitted. You understand that by agreeing to this Terms and Conditions Policy, you and Brigma are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

C. Costs of Arbitration: Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000, Brigma will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

D. Forum: We’re based in Anderson, South Carolina, so any legal action against Brigma related to our services must be filed and take place in Anderson. That means the seat of any arbitration shall be in Anderson. For any actions not subject to arbitration, you (where your contract is with Brigma.) and Brigma agree to submit to the personal jurisdiction of a state court located in Anderson County, South Carolina or the United States District Court for the District of South Carolina.

E. Government Exception: If you are a government agent or entity in the United States using the services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms of Use and any action related to the Terms of Use will be governed by the laws of the United States (without reference to conflict of laws) in the absence of federal law and to the extent permitted under federal law, the laws of the State of South Carolina.

F. Modifications: If we make any changes to this “Disputes with Brigma” section after the date you last accepted the Terms of Use, those changes will not apply to any claims filed in a legal proceeding against Brigma prior to the date the changes became effective. Brigma will notify you of substantive changes to the “Disputes with Brigma” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Brigma a written notification including email or request by email for us to close your account within those 30 days. By rejecting our modified Term of Use, or permanently close your account, you agree to arbitrate any disputes between you and Brigma in accordance with the provisions of this “Disputes with Brigma” section as of the date you last accepted the Terms of Use, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms of Use.

12. Changes to the Terms of Use:

We may update these Terms of Use from time to time. If we believe that the changes is necessary and will be helpful in the improvement of our website. We’ll definitely let you know by sending email to our entire buyers and sellers, message about the changes. That way you can decide whether you want to continue using the services or not. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

13. Advanced Legal Points:

This Terms of Use, including all of the policies that make up this Terms of Use, supersede any other agreement between you and Brigma regarding the services. If any part of this Terms of Use is found to be unenforceable, that part will be limited to the minimum degree necessary so that this Terms of Use will otherwise remain in full force and effective. Our failure to enforce any part of this Terms of Use is not a waiver of our right to later enforce that or any other part of this Terms of Use. We may allocate any of our rights and obligations under this Terms of Use.

14. Our Contact Information:

If you have any questions about the Term & Conditions Policy, please email us at: support@gmail.com.