Betingelser / terms
2. Account Activation
2.1 Store Owner
- Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (â€œStore Ownerâ€) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service.
- If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
- Your BRYG Store can only be associated with one Store Owner. A Store Owner may have multiple BRYG Stores. â€œStoreâ€ means the online store or physical retail location(s) associated with the Account.
- When signing up to BRYGPay, we will create a Stripe account on your behalf, using your email address, and store information.
- For the avoidance of doubt, Stripe is a Third Party Service.
3. General Conditions
- Technical support in respect of the Services is only provided to BRYG Users and is only available via email.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that BRYG may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on BRYGâ€™s website, available at https://www.BRYG.io/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to BRYGâ€™s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the BRYG Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customerâ€™s jurisdiction, or the laws of Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by BRYG.
- Questions about the Terms of Service should be sent to [email protected]
- You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and BRYGâ€™s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.BRYG.io/terms will prevail.
- All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. BRYG shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without BRYGâ€™s prior written consent, to be given or withheld in BRYGâ€™s sole discretion.
- If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
5. BRYG Rights
- We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate our Acceptable Use Policy( AUP ) or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any BRYG customer, BRYG employee, member, or officer will result in immediate Account termination.
- BRYG does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that BRYG employees and contractors may also be BRYG customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
- BRYG retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, BRYG reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
- â€œConfidential Informationâ€ shall include, but shall not be limited to, any and all information associated with a partyâ€™s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. BRYGâ€™s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
- Each party agrees to use the other partyâ€™s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such partyâ€™s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other partyâ€™s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
7. Limitation of Liability
- You expressly understand and agree that, to the extent permitted by applicable laws, BRYG shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
- To the extent permitted by applicable laws, in no event shall BRYG or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, BRYG partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneysâ€™ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
- Your use of the Services is at your sole risk. The Services are provided on an â€œas isâ€ and â€œas availableâ€ basis without any warranty or condition, express, implied or statutory.
- BRYG does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
- BRYG does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
- BRYG does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
8. Waiver and Complete Agreement
The failure of BRYG to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and BRYG and govern your use of the Services and your Account, superseding any prior agreements between you and razzo (including, but not limited to, any prior versions of the Terms of Service).
9. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the Materials you provide to the BRYG Service. All Materials you upload remains yours. You can remove your BRYG Store at any time by deleting your Account.
- By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow BRYG to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that BRYG can, at any time, review and delete all the Materials submitted to its Service, although BRYG is not obligated to do so.
- You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.
- BRYG shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.
10. Cancellation and Termination
- You may cancel your Account and terminate the Terms of Service at any time by emailing [email protected] and then following the specific instructions indicated to you in BRYGâ€™s response.
- Upon termination of the Services by either party for any reason:
- BRYG will cease providing you with the Services and you will no longer be able to access your Account;
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to BRYG for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your Store website will be taken offline.
- If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- We reserve the right to modify or terminate the BRYG Service, the Terms of Service and/or your Account for any reason, without notice at any time. Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
- Fraud: Without limiting any other remedies, BRYG may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
11. Modificatinos to the Service and Prices
- Prices for using the Services are subject to change upon 30 daysâ€™ notice from BRYG. Such notice may be provided at any time by posting the changes to the BRYG Site (www.BRYG.io) or the administration menu of your BRYG store via an announcement.
- BRYG reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice.
- BRYG shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
12. Privacy and Data Protection
Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, BRYGâ€™s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.