Terms & Conditions, Refund Policy, Pricing & Promotion Policy.
. Your Acceptance
Gigmela (collectively referred to as the “Platform”). This is an agreement
(“Agreement”) between Gigmela, Inc. (“Gigmela"), the owner and operator of
the Platform and you (“you”, “your” or “user(s)”), a user of the Platform. If
you wish to sell any Seller Services (defined below), you’ll have to agree to
additional terms which apply to Sellers (“Seller”).
Throughout this Agreement, the words “Gigmela,” “us,” “we,” and “our,” refer to our company, Gigmela, Inc., as is appropriate in the context of the use of the words.
2. User Accounts and Sign-up
of the Platform may require you to create a login or sign-up for an account.
You must fully complete the registration process by providing us with your
current, complete, truthful, and accurate information as prompted by the
applicable registration form. Where required, Gigmela may also assign you a
username and password. You are entirely responsible for maintaining the
confidentiality of your password and account and for any and all activities
that occur under your account. You agree to notify Gigmela immediately of any
unauthorized use of your account or any other breach of security. Gigmela will
not be liable for any losses you incur as a result of someone else using your
password or account, either with or without your knowledge. However, you could
be held liable for losses incurred by Gigmela or another party due to someone
else using your account or password. You may not use anyone else's account at
any time, without the permission of the account holder. Companies may register
via the Platform but may only have one user account. If you are registering on
behalf of your company, you represent and warrant that you are authorized by
your company to create an account on your company’s behalf. Gigmela has the
sole discretion in granting or denying any accounts.
use of your information.
4. Access to the Platform
properly registering for the Platform, we grant you a personal, non-exclusive,
fully revocable, non-assignable, non-transferable, limited right to use and access
our Platform as permitted by us. As a user, you do not receive any ownership
interest in the Platform; you merely receive the right to use and access the
Platform as provided by us. All rights not explicitly granted are reserved for Gigmela.
You agree to abide by the following restrictions listed below:
be aware that this is not an all-encompassing list of restrictions, if you
breach any of these restrictions, we may revoke your license to use our
Platform, at our discretion. Additionally, we may revoke or restrict your
access to our Platform if we believe that your actions may harm or have harmed Gigmela
or the Platform itself. Failure by us to revoke your access does not act as a
waiver of your conduct.
5. User Content
ability to submit or transmit any information through the Platform, including
but not limited to text, audio messages, videos, photos, images or any other
information will be referred to as “User Content” throughout this Agreement.
All User Content you submit to the Platform will be owned by you. Please be
aware that we are not required to host, display, migrate, or distribute any of
your User Content and we may refuse to accept or transmit any User Content. You
agree that you are solely responsible for any User Content submitted and you
release us from any liability associated with any User Content submitted. You
understand that we cannot guarantee the absolute safety and security of any
such User Content. Any User Content found to be in violation of this Agreement
or that we determine to be harmful to the Platform may be modified, edited, or
removed at our discretion. The Gigmela does not endorse and may not verify,
monitor, or restrict any of its users or any User Content submitted. You agree
that any User Content or any other information may be inaccurate,
unsubstantiated or possibly even incorrect.
When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.
When you submit any User Content to us, you grant the Gigmela, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content. It is important for you to grant us this license so that we may transmit your User Content to other users through our Platform. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your User Content through our Platform.
6. Platform Availability and Modification
we will attempt to provide continuous Platform availability to you, we do not
guarantee that the Platform will always be available, work, or be accessible at
any particular time. We make no uptime guarantees. We reserve the right to
alter, modify, update, or remove our Platform at any time. We may conduct such
modifications to our Platform for security reasons, intellectual property,
legal reasons, or various other reasons at our discretion, and we are not
required to explain such modifications. For example, we may provide updates to
fix security flaws, or to respond to legal demands. Please note that this is a
non-binding illustration of how we might exercise our rights under this
section, and nothing in this section obligates us to take measures to update
the Platform for security, legal, or other reasons.
7. Your Conduct While Using The Platform
When accessing or using our Platform, you are solely responsible for your use and for any use of the Gigmela Platform made using your account. You agree to abide by the following rules of conduct:
you are discovered to be undertaking any of the aforementioned actions or if we
believe that any of your actions may harm Gigmela’s Platform or business
interests your privileges to use our Platform may at our sole discretion be
terminated, revoked, or suspended. Generally, we will provide an explanation
for any suspension or termination of your use of any of our Platform, but Gigmela
reserves the right to suspend or terminate any account at any time without
notice or explanation.
8. Seller Services Disclaimer
EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR
INJURY ARISING OUT OF: THE ACTIVITIES OF ANY SELLERS AND ANY LOSS OR INJURY
ARISING OUT OF YOUR PURCHASE OR USE OF ANY SELLER SERVICES. YOU HEREBY
ACKNOWLEDGE AND AGREE THAT GIGMELA MAY PROVIDE INFORMATION ABOUT A SELLER,
BASED ON LOCATION, FEATURES OR RELEVANCY. HOWEVER, SUCH INFORMATION IS BASED
SOLELY ON DATA THAT IS SUBMITTED BY THE SELLER, AND GIGMELA PROVIDES SUCH INFORMATION
SOLELY FOR THE CONVENIENCE OF ALL USERS AND IS NOT AN INTRODUCTION,
ENDORSEMENT, OR RECOMMENDATION BY GIGMELA. All Seller Services are sold on an
“as is” basis. User releases Gigmela from any liability associated with user’s
use of the Platform or purchase of any Seller Services.
Gigmela is not a party to any contracts between users and Sellers. Additionally, Gigmela does not control or direct the Seller or the Seller Services, including but not limited to delivery date, performance, or quality. Gigmela does not introduce users to Sellers. Gigmela merely makes the Platform available to enable Sellers to identify and determine the suitability of users for themselves and to enable users to identify and determine the suitability of Sellers for themselves. Any opinions, advice, or information expressed by any Seller are those of the individual and the individual alone and they do not reflect the opinions of Gigmela. Gigmela does not direct, is not an employer, has no control over, makes no representations, and does not guarantee the quality, safety or legality of any Seller Services provided by Seller.
order to purchase any Seller Services user may be required to pay a fee as
listed on the Platform by the Seller. Seller shall receive all such fees minus
any fees deducted by Gigmela. If you wish to purchase anything from our
Platform you agree that we may charge your payment method on file and you agree
to pay the fee listed on the Platform. Your credit card information or other
payment method will be processed and stored by us. All payment information is
hosted on PCI/DSS compliant services. Although you may have a balance in your
account please be aware that Gigmela does not provide banking or escrow
services and you may not use Gigmela for such purposes.
10. Order Confirmation
Seller Services are not confirmed until user receives an order confirmation
(the “Order”) from the Seller. All Orders are subject to additional terms and
conditions of the Seller as listed by the Seller. Seller may list dates and
timelines for the Seller Services to be provided for each Order or other
relevant information. Gigmela is not responsible for any Orders or the delivery
of any Seller Services.
we want you to be satisfied with any Seller Services offered via the Platform.
All Orders made by a user shall only be refunded if such Order has not been
fulfilled by a Seller. Before any Order can be refunded for any Seller
Services, the user must first attempt to contact the Seller. If the Seller fails
to respond or does not deliver the Order as promised to the user, the user may
then initiate a refund request by contacting Gigmela. Please be aware that
refunds can only be given for unfulfilled orders and no refunds will be issued
for any other reason. All refunds are issued at the sole discretion of Gigmela.
If you wish to request a refund or have an issue with any account billing,
please contact us a support@Gigmela.com.
and Sellers acknowledge and agree that in order for Gigmela to make the
Platform available, it must receive fees for all Seller Services and Orders
transacted. In consideration for making the Platform available for users and
Sellers, you agree that for a period of 24 months from the time you identify or
are identified by any party through the Platform , you must use the Platform as
your exclusive method to request, make, and receive all payments for any Seller
Services or Orders directly or indirectly provided to or received from that
party or arising out of your relationship with that party. Users may only opt
out of the non-circumvention by paying an opt out fee of $1000 dollars or 15%
of the total Orders purchased from a Seller in the past calendar year,
whichever is greater. You agree to notify Gigmela immediately if another person
improperly contacts you or suggests making or receiving payments outside of the
13. Seller and User Disputes
the event of a dispute between Seller and user, Seller and user agree to
attempt to settle the dispute amicably and in good faith by contacting each
other and attempting resolve such a dispute. If such dispute cannot be settled,
Seller or user may contact Gigmela. Gigmela, at its discretion, may assist in
settling the dispute. In the event that Gigmela assists in any dispute
resolution, Seller and user agree to accept such resolution as resolved,
binding, and final. This section does not obligate Gigmela to settle disputes
between any users and any Sellers and all users agree that Gigmela is not a
party to any such disputes.
may cancel your account at any time via your Gigmela dashboard or contacting us
at support@Gigmela.com. Please be aware that upon termination of your account,
access to portions of our Platform may be become immediately disabled and any
Seller Services or Orders not concluded may be terminated. Upon termination you
will not be entitled to any refunds or proration of any fees paid except as
stated in this Agreement. We may terminate your membership if we determine
that: (1) you have violated any applicable laws while using our Platform; (2)
if you have violated this Agreement or any other of our Platform policies; (3)
if your account has remained inactive for an extended period of time; or (4) if
we believe that any of your actions may harm Gigmela, at our sole decision or
discretion. In the event of termination, we will strive to provide you with a
timely explanation; however, we are not required to do so.
on the laws of your jurisdiction you may be taxed for any payments or
purchases. Therefore, at the time of payment we may collect all applicable
taxes related to your use of the Platform. In the event that we do not collect
the applicable taxes, you agree that you are still responsible for any
applicable taxes. Although no taxes may be collected by us you agree that you
will pay any applicable taxes or fees to the tax agencies having jurisdiction
over you. In the event we do not collect the relevant taxes owed by you, you
agree that we are not responsible for collecting, transmitting, or advising on
taxes, duties, or other levies by the government regarding your payments.
attempt to protect our Sellers from chargebacks by employing different fraud
detection methods. In the event of a chargeback we will notify the Seller
immediately and the Order shall be immediately cancelled. If we believe that
you have participated in a fraudulent chargeback we will pursue our claims
against you to the fullest extent allowed by law. Please be aware that Sellers
will not be compensated for any lost profits or time due to a chargeback by
user. In the event that we believe that a user has submitted a fraudulent
chargeback, we will forward your information to the applicable law enforcement
agency and your fraudulent chargeback may result in either a civil fine or jail
17. Idea Submission
or any of its employees do not accept or consider unsolicited ideas, including
but not limited to ideas relating to processes, technologies, product
enhancements, or product names. Please do not submit any unsolicited ideas,
content, artwork, suggestions, or other works (“Submissions”) in any form to Gigmela.
The sole purpose of this policy is to avoid potential misunderstandings or
disputes when Gigmela’s products might seem similar to ideas you submitted to Gigmela.
If, despite our request that you not send us your ideas, you agree to the
following: (1) your Submissions and their contents will automatically become
the property of Gigmela, without any compensation to you; (2) Gigmela may use
or redistribute the Submissions and their contents for any purpose and in any
way; (3) there is no obligation for Gigmela to review the Submission; and (4)
there is no obligation to keep any Submissions confidential.
18. Intellectual Property
name “Gigmela,” the design of the Gigmela Platform along with Gigmela created
text, writings, images, templates, scripts, graphics, interactive features and
the trademarks, marks and logos contained therein ("Marks"), are
owned by or licensed to Gigmela. The Marks are subject to copyright and other
intellectual property rights under US laws and international conventions. Gigmela
reserves all rights not expressly granted in and to the Platform. You agree to
not engage in the use, copying, or distribution of the Marks or anything else
contained within the Platform unless we have given you express written
19. Representations and Warranties
PLATFORM AND ALL SELLER SERVICES SOLD IS PROVIDED ON AN "AS IS",
"AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, NEITHER GIGMELA, NOR ANY OF THEIR EMPLOYEES,
MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR
ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE
PLATFORM; (B) ANY INFORMATION PROVIDED VIA THE PLATFORM; (C) ANY SELLER
SERVICES AVAILBLE OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF
INFORMATION TO GIGMELA OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE,
CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER
GIGMELA DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. GIGMELA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM ARE ACCURATE, COMPLETE, OR USEFUL. GIGMELA DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND GIGMELA SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
20. Limitation of Liability
EVENT SHALL GIGMELA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) YOUR USE OR
INABILITY TO USE THE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND
WITHIN THE PLATFORM, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM OR FROM ANY
SELLER SERVICES OR ORDERS, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE
INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (IV)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR PLATFORM VIA A THIRD PARTY, (V) ANY FAILURES OR DISRUPTIONS WHETHER
INTENTIONAL OR UNINTENTIONAL, (VI) ANY ACTION TAKEN IN CONNECTION WITH
COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY POTENTIAL OR
ACTUAL LOSS OR DAMAGE TO PERSON OR PROPERTY THAT MAY OCCUR WHILE USING THE
PLATFORM. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN JURISDICTIONS THAT
ALLOW A LIMITATION ON LIABILTY, YOU AGREE THAT OUR LIABILITY TO YOU IS NO MORE
THAN THE AMOUNT YOU PAID IN THE PAST SIX MONTHS FOR SERVICES OR ONE-HUNDRED US
DOLLARS, WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by Gigmela’s negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. The foregoing limitations on liability and any other limitations of liability set forth herein are not applicable to residents of New Jersey. With respect to residents of New Jersey, Gigmela shall not be liable for any damages arising out of your access to or use of the Platform, unless such damages are the result of our negligent or reckless acts or omissions; provided, however, that we shall not be liable for consequential, indirect or punitive damages.
agree to defend, indemnify and hold harmless Gigmela, its officers, directors,
employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to attorney's fees) arising from:
defense and indemnification obligation will survive this Agreement and your use
of the Gigmela Platform. You also agree that you have a duty to defend us
against such claims and we may require you to pay for an attorney(s) of our
choice in such cases. You agree that this indemnity extends to requiring you to
pay for our reasonable attorneys’ fees, court costs, and disbursements. In the
event of a claim such as one described in this paragraph, we may elect to
settle with the party/parties making the claim and you shall be liable for the
damages as though we had proceeded with a trial.
22. Age Compliance
and its Platform may only be used by persons 18 years and older. If you are
under 18 please stop using our Platform and please do not submit any
information to us.
23. Intellectual Property and Copyrights
you believe that any User Content or other content found on the Gigmela
Platform has infringed on your copyrights or other intellectual property
rights, please consult the Gigmela Copyright and Intellectual Property Policy
(“Policy”). The Policy contains information regarding the notification
procedures required by us to remove any infringing material or content from our
Platform. You must agree to abide by the Policy before using or accessing the
24. Choice of Law
Agreement shall be governed by the laws in force in the state of North
Carolina. The offer and acceptance of this contract is deemed to have occurred
in North Carolina.
agree that any dispute relating in any way to your use of the Platform shall be
submitted to confidential arbitration in Henderson County, NC. Arbitration
under this Agreement shall be conducted pursuant to the applicable rules
(“Rules”) then prevailing at the American Arbitration Association. Arbitration
shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the
arbitrator's award shall be final and binding and may be entered as a judgment
in any court of competent jurisdiction. Each party shall be responsible for
their own arbitration fees and costs. To the fullest extent permitted by
applicable law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this Agreement, whether through
class action proceedings or otherwise. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of, related to
or connected with the use of the Platform or this Agreement must be filed
within one (1) year after such claim or cause of action arose or be forever
banned (the foregoing time limitation is not applicable to residents of New
Jersey). In the event that the law does not permit the abovementioned dispute
to be resolved through arbitration, you agree that any actions shall be brought
solely in a court of competent jurisdiction located within or otherwise nearest
to Henderson County, NC.
Refunds by Gigmela
the event of any refunds to any users for a Seller’s Order, Seller agrees that
we may deduct the refund amount from any incoming payments or account balances
held by Gigmela for Seller. Additionally, Gigmela may invoice Seller for such
outstanding balances that are owed due to any refunds if the Seller account
funds are insufficient. No refunds shall be given for any enhanced services
provided by Gigmela to Seller.