Terms and Conditions

This service agreement is regulated by the By-Laws of BrickFish Multi-Purpose Cooperative as approved by the Government of Cross River State of Nigeria and the National Laws for Cooperative Societies and become effective upon acceptance by members. Our Terms of Service, and all policies and additional terms are posted in our websites, application forms, tools, and services (hereinafter jointly called "Services") set the terms on which Brickfish Multipurpose Cooperative offers you access to and use of our Services. Please refer to our service policies. You agree to comply with all terms of this Service Agreement when accessing or using our Services.

The entity you are contacting is Brick-Fish Multi-Purpose Cooperative, and it is situate at 15 Parliamentary Road, Calabar, Cross River State, Nigeria. In this Service Agreement, this entity is individually and jointly referred to as "Brickfish Cooperative," "we," or "us", "our," have jurisdiction to enlist membership only within Cross River State. If you reside outside Cross River or outside Nigeria and you register for our Services, you must have sufficient economic interest in Cross River State and to this service agreement.

We will like to let our members know that our Service Agreement contains provisions that govern claims we may have against each other and how such claims are resolved. It also contains an Agreement to Arbitrate which will, with limited exception, require members to submit claims he or she may have against us or our agents to binding and final arbitration by the Cross River State Department of Cooperative Services, unless user opt out of the Agreement to Arbitrate. If user does not opt out: (1) user will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) user will only be permitted to seek relief on an individual basis. You further agree to our terms and shall be deemed to have signed our service agreement if you use any of our online services or digital platforms.

Brick-fish Multi-purpose Cooperative is a Cooperative that allows members to buy shares, make savings, own a thrift with the cooperative for reasons of interest and or dividends. Brickfish cooperative maintains a physical and digital market place by a brand name "BFC Stores", members sell, and buy goods and services in various geographic locations, provided that they may first have been registered as members with their proven address of residence in Cross River State or with substantial economic interest in the state in line with our byelaws and the cooperative registration Act.

Brick-Fish Cooperative is not a party to contracts for sale or financial transactions between third-party sellers and buyers nor is Brickfish Cooperative a commercial bank, mortgage bank, or any of the banks that serves as public lender, auctioneer, a Bureau De Change or clearing agent to third-party sellers and buyers. We Offer only to our members various savings and financing products like savings, thrift, loans etc. and thrift holders and shareholders earn interest and dividends respectively from their assets with us in accordance to our byelaws.

We operate physical and online stores by the name BFC Stores that serve as marketplace to our members, but we do not take responsibilities for transactions between members or third parties. We may use artificial intelligence or AI-powered tools and products to provide and improve our Services, to offer users a customized and personal experience, to provide you with enhanced customer service, and to support fraud detection; availability and accuracy of these tools are not guaranteed.

If you use Brickfish Cooperative Services, you agree to comply with this Service Agreement, our policies, our terms, and all applicable laws, byelaws, rules, and regulations. You will not:

• Breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status
• Use our Services if you are not eligible to form legally binding contracts (less than 18 years old), are suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions
• Fail to pay for items purchased, pay your thrift, or refund a loan unless you have a valid reason as set out in our policies
• Fail to deliver items sold unless you have a valid reason as set out in our policies
• Manipulate the price of any item or interfere with other user's listings
• Take any action that may undermine the feedback or ratings systems
• Transfer your account without our express consent or share your login credentials with third parties
• Create listings or provide content in inappropriate categories or areas of our sites
• Engage in gambling, drug peddling, or sales of prohibited items
• Provide content that is false, inaccurate, misleading, deceptive, defamatory, libelous, illegal, inappropriate, harmful, or violates the rights of others
• Distribute spam, unsolicited communications, chain letters, or pyramid schemes
• Distribute viruses or technologies that may harm our sites or members
• Use any robot, spider, scraper, or automated tools to access our Services without our permission
• Infringe copyright, trademark, patent, or other intellectual property rights
• Harvest or collect information about users without their consent

Sellers must meet Brickfish Cooperative Minimum Performance Standards. Failure to meet these standards may result in additional fees, account limitations, suspension, or termination. If we believe you violate this Agreement or our policies, we may limit, suspend, or terminate your account and take legal steps to prevent you from using our Services.

Policy Enforcement

When an issue arises with a member, buyer or seller, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both member buyers and member sellers. This does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.

Fees and Charges

We charge members a fee for enrolling their membership, applying for a loan, requesting a credit rating, carrying out a credit search, renewing membership and deferring loan repayment. We charge member sellers for the use of our Services and for vendor account creation. In some cases, we may charge for supplemental Services such as authentication, validation or storage services. The fees we charge are listed on our Selling Fees and Rate pages.

As a seller, you are liable for fees arising out of all sales made using our Services, even if sales terms are finalized outside of Brickfish Cooperative. You must have a payment method on file and pay all fees and applicable taxes by the payment due date. If your payment fails or your account is past due, we may place restrictions on your account or report information to credit bureaus. Late payments may be reflected in your credit report.

When applying for membership, you agree to the by-laws, rules and policies of Brickfish Cooperative:

• Any person aged 18 years or over residing within the area of operation of the cooperative is eligible for membership, but no person can claim admission as a matter of right
• Applications must be made in writing or through designated channels and shall be disposed of by the cooperative who may grant or refuse admission subject to ratification by the General Meeting
• Applicants must inform the cooperative whether they are under obligation to sell any part of their shares, crops or produce to any other person
• Approved applicants must pay the entrance fee and prescribed number of shares in accordance with our Bye-Laws
• A member's liability for the debts of the cooperative shall extend to but not exceed five times the values of the minimum shares laid down in the Bye-Law
• A member may withdraw or resign by giving six month's notice to the Committee
• The cooperative may terminate membership if the member ceases to reside in the area of operation, is guilty of conduct prejudicial to the cooperative's interest, or is convicted of a criminal offence involving dishonesty
• Membership ceases upon death or insanity

Beneficiary Nominees: Every member may nominate a person to whom the cooperative shall pay the deceased member's share or other sums due in accordance with the Bye-Laws. Nomination must be made in writing and signed in the presence of two attesting member witnesses.

Listing Conditions

Members are offered the service of listing their items, products, goods and services on the cooperative marketplace (BFC Stores) for sale. When listing an item, you agree to:

• Assume full responsibility for the item offered and the accuracy and content of the listing
• Ensure your listing complies with all of our listing policies, including the Images, videos and text policy
• Understand that your listing may not be immediately searchable in results
• Acknowledge that the appearance of listings in search results depends on various factors including buyer location, item location, seller history, and other criteria
• Not sell products recalled by manufacturers or governmental agencies
• Understand that you are solely responsible for any non-conformity or defect in any product you list or sell

Purchase Conditions

When buying an item using our Services, you agree to:

• Read the full item listing before making a bid or offer
• Understand that you enter into a legally binding contract to purchase an item when you buy, bid, or commit to buy
• Recognize that we do not transfer legal ownership of items; the transfer of ownership is between the buyer and seller

When you provide content using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise any and all intellectual property rights you have in that content in connection with our provision, expansion, and promotion of our Services.

You represent and warrant that you own or control all necessary rights to provide such content and that such content is accurate, appropriate, and legal. You represent and warrant that use of any such content by us does not and will not infringe any intellectual property rights of any third party.

Copyright Infringement: We respond to notices of alleged copyright infringement under the Nigeria Copyright Act 2023. If you believe that your intellectual property rights have been infringed, please notify us and our team will investigate and prevent any such copyright violation from persisting.

Trademark and Branding: The name BFC-Stores and marks, logos, designs, and phrases used in connection with our Services are trademarks, service marks, or trade dress of BFC-Stores in Nigeria and may be so in many other countries. They may not be used without express written prior permission.

Returns and Cancellations for Sellers

Sellers can create rules to automate replacements, returns, and refunds under certain circumstances. When an item is returned, Brickfish Cooperative requires us to issue a refund to the buyer and charge the seller the refund amount. We may also charge sellers for return shipping labels and reasonable fees when automated returns are used.

Returns and Cancellations for Buyers

Buyers can request cancelling an order within the time period provided in our Order Cancellation Policy, and the seller has 3 days to accept or decline. If the order cannot be canceled, buyers may still be permitted to return the item if eligible for return.

Refund Guarantee

Most sales go smoothly, but if there's a problem with a purchase through BFC-Stores, buyers can get their money refunded if an item didn't arrive, is faulty, damaged, or doesn't match the listing. You agree to comply with the policy and permit us to make a final decision on any case.

Communication & Recording

Brickfish Cooperative may contact you using automated voice messages and text messages to notify you regarding your account, troubleshoot problems, resolve disputes, collect debts, conduct surveys, or enforce this Agreement. We may monitor or record telephone conversations for quality control, training, and our protection.

Disclaimer of Warranties & Limitation of Liability

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "As Is" and "As Available" basis. We exclude all express or implied warranties, terms and conditions including implied warranties of merchantability and fitness for a particular purpose.

To the extent permitted by law, we are not liable for any consequential damages or losses including loss of money, goodwill, reputation, profits, or any special, indirect, or consequential damages. Our liability is limited to the greatest of: (a) the price of the item sold (including sales tax) plus original shipping costs, (b) the amount of fees in dispute, or (c) the total savings credited to your account.

Release and Indemnity

If you have a dispute with one or more users, you release us from claims, demands, and damages arising out of or connected with such disputes. Users will indemnify and hold Brickfish Cooperative harmless from any claim or legal action made by any third party due to your breach of this Agreement, improper use of our Services, or breach of any law.

Legal Disputes

You and Brickfish Cooperative agree that all disputes or claims relating to this Agreement, your use of our Services, or any products sold through our Services shall be resolved exclusively through final and binding arbitration with the Cross River State Department of Cooperative Services, rather than in court, subject to the following:

• Applicable Law: This Agreement shall be governed by the By-laws of the Cooperative under the Laws of the Federal Republic of Nigeria
• Arbitration: Disputes will be resolved by the Cross River State Department of Cooperative Services under its rules and procedures
• Small Claims Exception: Either party may seek relief in a small claims court for disputes within the court's jurisdiction on an individual basis only
• No Class Actions: Claims may only be brought on an individual basis, not as a class or representative action
• Opt-Out Procedure: New members can opt-out of arbitration by mailing a written notice within 30 days of first accepting this Agreement to: Brickfish Multipurpose Cooperative, ATTN: Operations Manager, 15 Parliamentary Road, Calabar, Cross River State, Nigeria

General Terms

We may amend this Agreement at any time by posting amended terms on our website with 30 days' notice. Your continued use of our Services constitutes acceptance of amended terms. We may also terminate this Agreement with anyone at any time for any reason at our sole discretion. The following sections survive termination: Fees and Charges, Content, Disclaimer of Warranties, Release, Indemnity, Legal Disputes, and General.

Contact for Disputes: Brickfish Multipurpose Cooperative, 15 Parliamentary Road, Calabar, Cross River State, Nigeria | Phone: +234(0) 9013228650