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BrownBag - Terms of Use
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BrownBag supplies a compilation of systems and resources to create and manage a website or an online store, process orders, sell products online and manage client branches and provide business intelligence (the "Services"). The following are the terms and conditions for use of the Services:
1. Services and Support
1.1 The Services are provided subject to the following terms and conditions and any operating policies that BrownBag may establish (the "Agreement"). BrownBag may make changes to this Agreement, and continued use of the Service constitutes Customer's acceptance of any such changes. In addition, when using particular BrownBag services, Customer and BrownBag shall be subject to any posted guidelines or rules applicable to such Services that may be posted from time to time.
1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
1.3 The Services provides a collection of tools and resources to manage an online store, process orders and sell products online and manage client branches and provide business intelligence.
1.4 Customer must complete a registration form in order to use the Services. Customer will provide true, accurate, current, and complete information about Customer as requested in the registration form, and will update the information to keep it current. As part of the registration process, Customer will identify an e-mail address and password for Customer's BrownBag account. Customer is responsible for maintaining the security of the Customer account, passwords, and files, and for all uses of Customer's account and of the Services in Customer's name. BrownBag reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
2. Restrictions and Responsibilities
2.1 This is an Agreement for Services, and Customer is not granted a license to any software by this Agreement. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services or any software, documentation, or data related to the Services ("Software"); modify, translate, or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
2.2 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with BrownBag's privacy policies as published below or otherwise furnished to Customer (the "Policy") and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). Customer may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. Customer hereby agrees to indemnify and hold harmless BrownBag against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys fees) in connection with any claim or action that arises from an alleged violation of the foregoing. Although BrownBag has no obligation to monitor the content provided by Customer or Customer's use of the Services, BrownBag may do so and may remove any such content or prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
2.3 For every e-mail message sent in connection with the Services, Customer acknowledges and agrees that the recipient has agreed to receive such communication and that Customer shall not engage in the act of sending unsolicited emails.
2.4 In using the varied features of the Services, Customer may provide information (such as name, contact information, or other registration information) to BrownBag. BrownBag may use this information and any technical information about Customer's use of this web site to tailor its presentations to Customer, facilitate Customer's movement through this web site, or communicate separately with Customer. BrownBag will not provide information to companies Customer has not authorized, and BrownBag will not permit the companies that get such information to sell and redistribute it without Customer's prior consent.
3. Termination
3.1 Customer may terminate this Agreement at any time by sending an e-mail message to admin@brownbag.ph or by sending written notice to BrownBag at Penthouse, Ayala-Life FGU Bldg. Alabang-Zapote Rd. cor. Acacia Ave., Madrigal Business Park, Alabang, Muntinlupa City, Philippines. The termination shall be effected after 30 days of from the receipt of letter.
3.2 BrownBag may terminate this Agreement or the Services at any time with or without cause, and with or without notice. BrownBag shall have no liability to Customer or any third party because of such termination.
3.3 Upon termination for any reason, BrownBag may delete any Customer archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.
4. Warranty Disclaimer
CUSTOMER USES THE SERVICES AT ITS OWN RISK. BROWNBAG DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND BROWNBAG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
5. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR PERSONAL INJURY OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY BROWNBAG, BROWNBAG AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND PROPERTY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF BROWNBAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Miscellaneous
6.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
6.2 Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.
6.3 No agency, partnership, joint venture, or employment is created as a result of this Agreement, and Customer does not have any authority of any kind to bind BrownBag in any respect whatsoever.
6.4 In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys fees.
6.5 This Agreement shall be governed by the laws of the Philippines without regard to its conflict of laws provisions.
6.6 We reserve the right to modify our pricing and we will notify you by email when this occurs.
7. Payment and Renewal of Service
7.1 Term of Service. The term of Customer's subscription to the Services commences upon Customer's acceptance of these Terms and terminates as set forth above.
7.2 Payment. Customer agrees to pay all applicable fees for Services in effect at the time of registration and/or renewal, subject to these Terms as same may be modified by BrownBag from time to time.
7.3 Automatic Renewal of Account and/or Domain. As a courtesy and not as an obligation (contractual or otherwise), fourteen (14) days prior to the expiration of Customer's hosting account, BrownBag will automatically renew Customer's hosting account, for the same duration initially selected, at the then-current, non-promotional rate, by charging the applicable fee to Customer's originally-selected method of payment. Likewise, as a courtesy and not as an obligation (contractual or otherwise), fourteen (14) days prior to the expiration of Customer's domain, if registered with BrownBag (or one of its Affiliates), or if transferred to and registered with BrownBag (or one of its Affiliates), BrownBag will automatically renew Customer's domain, for the same duration initially selected, at the then-current, non-promotional rate, by charging the applicable fee to Customer's originally-selected method of payment. Customer acknowledges and confirms that the obligation to renew her/his/its account or domain is solely and exclusively the responsibility of the Customer, and is not the obligation (contractual or otherwise) of BrownBag. While consenting to BrownBag's performance of said courtesy, Customer hereby releases BrownBag from all liability for its failure for any reason to renew said account or said domain. Customer acknowledges that there may be many reasons why BrownBag is unable to renew said account or domain, including but not limited to inability of BrownBag, for any reason, to bill said renewal to Customer's credit card, to contact or otherwise get response from Customer at last known email address, or otherwise. Customer acknowledges that said account and/or domain, if not renewed, for whatever reason, will expire on the account or domain expiration date, as applicable.
7.4 Cancellation of Automatic Renewal of Account or Domain. To cancel Automatic Account Renewal or Automatic Domain Renewal, Customer must notify BrownBag of Customer's intent to cancel at least sixteen (16) days prior to the account or domain expiration date, by directing Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification to BrownBag, as applicable, by sending same via email to admin@brownbag.ph. BrownBag agrees that on receipt of Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification under the conditions stated above, no additional charges will be billed to Customer, and Customer's hosting account and/or domain, as applicable, shall expire on the account expiration date.
7.5 Cancellations and Refunds. BrownBag does not provide a money back guarantee for new account registrations under any circumstances.
7.6 Prohibited Offerings. No Customer may utilize the Services to provide, sell or offer to sell the following: replica or products; controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
7.7 Profanity. Profanity or profane subject matter in the site content and in the domain name are prohibited.
7.8 Private Information and Images. Customers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent's consent in the case of a minor).
7.9 Violations of Intellectual Property Rights. Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. BrownBag is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).
7.10 Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
7.11 Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
7.12 Hacking. "Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
7.13 Anonymous Proxies. BrownBag does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.
7.14 Export Control Violations. The exportation of encryption software outside of Australia and/or violations of Australian law relating to the exportation of software is prohibited. Customer may not export or transfer, directly or indirectly, any regulated product or information to anyone outside Australia without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by Australian federal, state or local law, or by any other applicable law.
7.15 Child Pornography. The use of the Services to store, post, display, transmit, sell, advertise or otherwise make available child pornography is prohibited. BrownBag is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
7.16 Other Illegal Activities. The use of the Services to engage in any activity that is determined by BrownBag, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting, selling or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. BrownBag will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
7.17 Backup Storage. BrownBag offers its Services to host ecommerce web sites, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of services without prior notice.
7.18 Other Activities. Engaging in any activity that, in BrownBag's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, BrownBag's business, operations, reputation, goodwill, Customers and/or Customer relations, or the ability of BrownBag's Customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Customer to cooperate with BrownBag in correcting or preventing violations of these Terms by, or that result from the activity of, a customer, patron, subscriber, invitee, visitor, or guest of the Customer constitutes a violation of these Terms by Customer.
7.19 COPYRIGHT NOTICE INFRINGEMENT INFORMATION. In accordance with the Digital Millennium Copyright Act, BrownBag has adopted a policy that provides for termination of websites hosted by BrownBag that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by BrownBag or an BrownBag subsidiary, and the copyright holder wants BrownBag to remove the website or disable the material in question, BrownBag will remove the website or disable the material if the copyright holder provides us with all of the following information.
A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
7.20 Backups. For its own operational efficiencies and purposes, BrownBag from time to time backs up data on its servers, but is under no obligation or duty to Customer to do so under these Terms. IT IS SOLELY CUSTOMER'S DUTY AND RESPONSIBILITY TO BACKUP CUSTOMER'S FILES AND DATA ON BROWNBAG SERVERS, AND under no circumstance will BrownBag be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Customer's FILES AND/or data on any BrownBag server.
7.21 Governing Law. These Terms shall be governed by the laws of the Philippines without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of BrownBag, Customer agrees that all disputes, if any, involving BrownBag shall be subject exclusively to the jurisdiction of the City of MuntinlupaPhilippines; provided, further, that all action brought against BrownBag in the Philippines must be brought in the City of Muntinlupa. Customer hereby agrees that it is subject to the in personam jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving BrownBag. Customer hereby waives any and all objections that it has or might have, known or unknown, whether under New South Wales long arm statute or otherwise, to the existence of said in personam jurisdiction. Customer agrees that it has no right to and shall not file or otherwise bring a lawsuit against BrownBag outside the State of New South Wales; and, that Customer, if involved before a court in a lawsuit outside of the State of New South Wales, shall be deemed to support and to stipulate to a motion made by BrownBag to dismiss said lawsuit with respect to BrownBag.
7.22 Warranty Disclaimer. YOU, THE CUSTOMER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. BROWNBAG HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY BROWNBAG OR BROWNBAG'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, CUSTOMER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. BROWNBAG DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. BROWNBAG DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. BROWNBAG DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR BROWNBAG IN PARTICULAR.
7.23 Limitations on BrownBag's Liability. BROWNBAG SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL BROWNBAG BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT BROWNBAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. BROWNBAG SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. BROWNBAG'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF CUSTOMER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL BROWNBAG'S LIABILITY TO YOU, THE CUSTOMER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE CUSTOMER, TO BROWNBAG FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE CUSTOMER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, BROWNBAG'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7.24 Indemnification of BrownBag. You, the Customer, agree to defend, indemnify and hold BrownBag, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from BrownBag's own gross negligence or willful misconduct. BrownBag reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Customer.
Welcome Seller. Below is the Terms and Conditions for the users of BrownBag Shop and Sell (S&S). This is also separate from the TERMS AND CONDITIONS for using BrownBag’s Payment Gateway. Please read the following Terms and Conditions carefully. These Terms and Conditions contain important information regarding your rights, responsibility and limitations in relation with your use of the BrownBag Shop & Sell Service. By being an Online Seller (“Seller”) you accept and agree to be bound by these Terms and Conditions. If you do not agree to these Terms of Service and Use you may not use BrownBag and you may not register as a Seller.
You concur that we may alter this Agreement when deemed necessary in our exclusive judgment and without prior notice. Any changes to this Agreement will be posted on the Website. The modified Agreement will become effective upon such posting. Your continued use of the Website and Service after posting of the amended Agreement indicates your recognition of and agreement to be bound by the amended Agreement.
By being an Online Seller you agree that:
• you will not add content or products in an unsuitable category or section on our sites and services;
• you will not break any law, third party rights, or such as the restricted of PROHIBITED ITEMS POLICIES;
• you are above the age of 18 and you are able to form legally binding contracts, or are not provisionally or indefinitely banned from our sites;
• you will not fail to supply products or services purchased from you, except when the shopper fall short in meeting the terms you have posted, or you cannot authenticate the shopper's identity;
• you will not control the price of any product or service, or interfere with other user's listings;
• you will not evade or manipulate our fee structure, the billing process, or fees owed to BrownBag;
• you will not post incorrect, erroneous, deceptive, offensive, or defamatory content (including personal information);
• you will not spread or publish spam, chain letters, or pyramid schemes;
• you will not spread out viruses or any other technologies that may harm BrownBag, or the interests or property of BrownBag users;
• you will not reproduce, alter, or spread out content from the sites and BrownBag's copyrights and trademarks; or
• you will not gather or save information about users, including email addresses, without their consent; or
• you will not use existing BrownBag accounts or create new BrownBag accounts in order to circumvent or avoid buying or selling limits, restrictions, holds or other policy consequences.
Fees and Services
BrownBag's applicable transaction currency is the Philippine Peso (PhP). Items sold with a different currency should be converted to PhP before uploading in the site. Click HERE for currency converter.
It is free to join and set up a store on BrownBag. We charge a percentage of the sale price as a transaction fee when your item is sold and your shopper used BrownBag’s PAYMENT GATEWAY. We also charge an annual fee for Vendors who wish to be our Accredited Vendor or Accredited Business (See information on ACCREDITED VENDOR and ACCREDITED BUSINESS). BrownBag’s fees are subject to change. Changes to the Fees Policy are effective after we provide you with at least fifteen (15) days' notice by posting the changes on the Site. We may, at our sole discretion, change some or all of these services at any time. In the event we introduce a new service, the fees for that service will be effective at the launch of the service. You are responsible for paying all fees and applicable taxes associated with using BrownBag. We keep your bank account information on file. When an item sells, BrownBag disburses the funds to you in sixteen (16) days, minus the amount of the transaction fee. These fees, along with each of your sales, will be documented in your profile.
If your vendor account is suspended for any reason, any amounts due on your Seller account will at once become due and payable. BrownBag secures the right to immediately charge any amounts you have not previously disputed to the billing method that you are using.
Fees compensate for the right to sell on BrownBag. Vendors do not pay for exclusive rights to Web pages on BrownBag. BrownBag may, in our sole discretion, and without your consent or payment to you, place third-party advertisements on any Web page within our site.
Online Commerce
BrownBag permit Vendors who conform with this Terms and Conditions to offer, sell and buy goods and services via the Website. BrownBag is not directly involved in any transaction between shoppers and vendors. Because of this, BrownBag has no control over the condition, security, ethics or legitimacy of any feature of the products or service listed, the accuracy or precision of the postings, the capability of vendors to sell items or the capacity of shoppers to pay for items, even if the sale and listing of such items is prohibited by this Agreement. BrownBag being a mere channel, does not provide any guarantee for the products sold nor warranty the services being offered by any user. We do not pre-screen users or the content or information presented by users. Consequently, we cannot guarantee that any shopper or vendor will really fulfill a transaction. We cannot guarantee the true identity, age, and nationality of a user. You should connect directly with your possible shoppers through the tools available on the Website or otherwise. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
Posting of Products and Services
By posting products or services for sale on BrownBag, you declare that you and all part of the item meet the terms of this Agreement and applicable law. You also warrant that you may lawfully sell the item. All vendors are advised to summarize store guidelines for their store on BrownBag. These guidelines may contain, for instance, selling policies shipping, returns and payment. Vendors must make sensible guidelines in good faith and must stand for such policies. All store policies must conform with this Agreement. Vendors are in charge of enforcing their own reasonable shop policies. We reserve the right to request that a vendor adjust its store policy. We also encourage you to research the applicable laws and regulations that may apply to your transaction.
Lock-up Sale
All sales conclusive. The vendor is required to send the order or fulfill the deal with the shopper in a timely manner, except under the following circumstances:
a. the vendor cannot confirm the shopper's identity or
b. the shopper falls short in meeting the terms of the vendor's listing (such as payment method).
The shopper is required to send correct payment for items acquired, unless there is an exceptional situation. If you breach any of these terms, we keep the right to expire your account and any other measure that is lawfully accessible to us. The vendor is also obliged to comply with the warranties, conveyed or implied, of the items sold under applicable law. Vendors must stick to any return or exchange policy set by applicable law as a condition for continued use of the Website.
Release from Obligation
Shoppers agree that BrownBag is not a medium for sales return or exchanges and such requests, except to those that are subject to the applicability of the Shopper Protection Program (see SHOPPER PROTECTION PROGRAM), must be coursed directly to the vendor. Any discrepancy between the shopper and the vendor on warranties, sales returns and exchanges is exclusively a issue among them and BrownBag shall not be accountable for any damages that may occur from such disputes. This rule applies alike to the sale of services in which BrownBag does not offer any warranty on the correct and timely performance of such services offered by the website users and members.
Shoppers who wish to cancel their order can only do so if payment has not been remitted yet. Otherwise, only those that fall under the applicability of the SHOPPER PROTECTION PROGRAM can be cancelled or refunded. The shopper should contact the Seller and explain to the Seller why there is a need for cancellation. If the Seller sees that the Shoppers reason is valid he may cancel the order from his list.
BrownBag will not be accountable for our users’ content, transactions and postings. The website is a space that alows anybody to offer, sell and purchase anything, at anytime and from anyplace in a selection of cost system and venues. BrownBag is not involved in the actual transaction between vendors and shoppers and we have no control over nor do we guarantee the quality, safety or legality of items listed on the site.
Should a court of competent jurisdiction declare BrownBag accountable for damages arising from such disagreement and disputes by the shopper and vendor, the vendor of the goods or offerer of such services shall hold BrownBag free from such liability and agree to repay BrownBag of all legal costs incurred and all damages paid associated to such disagreement or dispute.
Escaping Fees: Vendors may not change your product or service’s price, misrepresent the item's location, or use another user's account without consent, after a sale has been made for the intention of evading BrownBag’s transaction fees. The price declared in each item posting description must be an precise depiction of the sale. Vendors may charge realistic shipping and handling fees to cover the costs for packaging and sending the items. Vendors may not charge undue shipping fees or otherwise avoid fees.
You may not list, advertise or offer for sale or sell any products or services that violate this Agreement or that are prohibited by Applicable Law.
Content
You assign BrownBag a non-exclusive, global, continuous, binding, royalty-free, sublicensable right to exercise any and all copyright, publicity, and database rights (but no other rights) you have in the content that you voluntarily upload in the site. This is applicable in any media available now at BrownBag or any media in the future.
To help vendors, we may create flyers or email promotions of stored images, descriptions and product specifications that are provided by third-parties (including BrownBag users). You may use flyer or email content only in relation with your BrownBag postings throughout the time your postings are on BrownBag’s sites.
We try to present dependable data but we cannot guarantee that the flyers/email promotions will always be accurate and updated. You concur that you will not hold us for inaccuracies for our flyers/email promotion. If you choose to be included in our marketing effort, you will be responsible for ensuring that your listings are accurate and do not include misleading information, and comply with this Seller Agreement and all BrownBag policies. The flyers/email promotions may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
No Agency
No agency, employee-employer, joint venture, partnership, or franchiser-franchisee relationship is intended or created by this Agreement.
This TERMS AND CONDITIONS was last updated on March 31, 2013.
