In using this website, you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company (SellBig, Inc.). “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing United States Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Your use of this website constitutes your agreement to follow and be bound by the Agreement.  We reserve the right to update or modify this Agreement at any time without prior notice.  For this reason, we encourage you to review the Agreement whenever you use this website.  If you do not agree to these terms, please do not use this website.

Website Contents

Unless otherwise noted, this website, and all materials on this website, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by SellBig, Inc.

This website and the Contents are intended solely for personal, non-commercial use.  You may download or copy the Contents and other downloadable materials displayed on this website for your personal use only.  No right, title, or interest in any downloaded Content is transferred to you as a result of any such downloading or copying.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents of this website.  

Your Account

You may register with us when purchasing items using this website or by other means. For your website account, you are responsible for maintaining the confidentiality of your account username and password and for preventing unauthorised access to your account. You accept responsibility for all activities that occur under your account or password, please therefore take all necessary precautions to ensure that the username and password is kept confidential and secure. Please inform us immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorised manner.

Please ensure the details you provide us with on registration are correct, complete and up to date. Inform us immediately of any changes to those details (e.g. change of email or postal address). You can access and update your details using the 'Your Account' area of the Website.

We reserve the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we do cancel an order, it will be without charge to you.

Who may use this site

Children under the age of 18 may not make use of the services on this site.  If you are under the age of 18 and would like to make use of the services from this site, please ask your parent or guardian for assistance.  

Access and Use

You must not use this site in any manner or for any purpose which is unlawful or contrary to these Terms and Conditions or use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website.

SellBig, Inc., in its absolute discretion, reserves the right to refuse any order you place to purchase a Product, competition entry or booking or to deny access to this site for any conduct it believes may breach these Terms and Conditions or any law.

Privacy Statement

We are committed to protecting your privacy. Authorized team members within the company, on a need to know basis only, use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. It has been created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Termination

SellBig, Inc reserves the right, in its sole discretion, to immediately, without notice, suspend or terminate (I) these Terms of Use; and/or (ii) your registration(s) with or ability to access SellBig, Inc Site and/or any other service provided to you by SellBig, Inc.

User Communication

SellBig, Inc is pleased to hear from users and welcomes your comments regarding our services.  You alone are responsible for any communication, message, and/or other content that you post, upload, submit, transmit or share with SellBig, Inc on this website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively "User Communications").

By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity or any other applicable laws.  SellBig, Inc does not endorse or sponsor any such User Communications submitted by you or other users of this website.

SellBig, Inc reserves the right to terminate your registration and/or deny you access if it determines, in its sole discretion, that you are violating these Terms of Use, or applicable law, or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, or service provider.

You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law.  SellBig, Inc will fully cooperate with any law enforcement authorities or court order requesting or directing SellBig, Inc to disclose the identity of anyone posting any such information or materials.

Subject to the terms and conditions set forth in our Privacy Policy, all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment or attribution.

Confidentiality

Customers’ records are regarded as confidential and therefore will not be divulged to any third party. Customers have the right to request sight of, and copies of any and all Customer Records we keep, on the proviso that we are given reasonable notice of such a request. Customers are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue customers with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Exclusions, Limitations, and Disclaimer 

The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

▪ Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

▪ Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

All major Credit/Debit Cards are all acceptable methods of payment on this website. For credits, our Terms are payment in full within thirty days. All goods sold on the website are to remain the property of the store owner until paid for in full. We reserve the right to refund buyers without the seller authorization when the buyers request a refund. We reserve the right seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $5,000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

Returned checks or credit cards payments will incur a $25 charge to cover banking fees and administrative costs. In an instance of a second Returned check, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full. In the case of a dispute, we reserve the right to charge the users $15 in additional to the final amount settled by the bank.

Payment Processor

Payment processing services for sellers on SellBig.com are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as a seller on SellBig, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of SellBig enabling payment processing services through Stripe, you agree to provide SellBig accurate and complete information about you and your business, and you authorize SellBig to share it and transaction information related to your use of the payment processing services provided by Stripe

Fees

SellBig made it simple. There are no listing or hidden fees. You only pay SellBig when you sold product on the platform. We keep 10% from the total amount of the sale. Another 2.9% PLUS $0.30 goes to our processing merchant. There is no additional fee for international cards, failed charges, or refunds.

Unauthorized Listing

SellBig does not allow counterfeit items, replicas, or unauthorized copies such as illegal duplicates, bootlegs, or pirated products to be listed on our platform. Any listings that contain the logo or a company’s official brand name can be listed only if the products were lawfully made by, for, or with the consent of that company. Our policy requires that all listings posted by sellers be accurate, lawful and not in violation of the rights of any third parties.

Any listings that violate these terms will be notified and asked to provide documentation (license or written authorization from the lawful owner of the brands) showing they are authorized to sell the product. SellBig reserves the right to disable and/or terminate the account or listing of sellers who infringe or repeatedly infringe on someone’s copyright or trademark without notice. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting any notice.

Claims regarding copyright infringement

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), if you believe in good faith that your product has been infringed, please complete and submit your claim to us immediately.

In the case you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a counter-notice via our online submission form, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act.

Cancellation Policy and payments

In order to cancel a transaction, you must notify the seller within 12 hours after the product has been bought. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. Sellers reserve the right to levy a fee to cover any subsequent administrative expenses.

Refunds Policy

We have the right to request a refund for any product brought on the platform. It is up to the seller to decide if they will return a refund or not. If the seller refuse to give the user a refund, the buyer can elevate the issue to our attention. We will contact the seller regarding the issue. However, there is no guarantee that the buyer will get anything. We are not responsible for any refunds.

Log Files

We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Intellectual Property Rights

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, SellBig, Inc owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to SellBig, Inc without obtaining authorization from SellBig, Inc.

Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

 Indemnification

You agree to indemnify, defend, and hold harmless each of SellBig, Inc its parents, subsidiaries, affiliates, officers, directors and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of this Site, the violation of these Terms of Use by you, or the infringement by you, or any other user using your account, of any intellectual property or other right of any person or entity.

Modification and Notice

You agree that SellBig, Inc may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

Dispute Services

Dispute between Buyer and Seller. In case a Dispute arises between Buyer and Seller from or in connection with an Online Transaction, if the Dispute is not resolved through amicable negotiation within the prescribed time period according to the relevant Transactional Terms, you agree to submit the Dispute to International Arbitration within 21 calendar days from date of dispute  

Other Disputes. In case a Dispute arises between you and SellBig, Inc in any other circumstances, if the Dispute is not resolved between you and SellBig, Inc, you and SellBig, Inc agree that the Dispute shall be finally resolved by arbitration with an international arbitration organization.  

Arbitration. If any Dispute is submitted to the arbitration, the arbitration shall be conducted in accordance with the rules in force at the time of applying for arbitration as amended by this clause.  The arbitration panel shall consist of one single arbitrator.  Unless the parties agree otherwise, the arbitration shall be conducted in English and in USA.  The arbitration shall be conducted by telephone, online and/or solely based on written submissions as specified by the party initiating the arbitration, provided that the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.  The arbitration award rendered by arbitration shall be final and binding on all the relevant parties. The arbitration expenses shall be borne by the losing party unless otherwise determined in the award.

Applicable Laws

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of USA without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of California, USA in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

General

The laws of the United States govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the United States courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our website 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between the users and ourselves. By accessing this website and/or undertaking of a purchase or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

© SellBig, Inc. 2016 All Rights Reserved