Legal Terms/ User Agreement
Definition of Terms
ACCEPTANCE OF TERMS
The following document is a legal and binding contractual agreement between Bigyas hereinafter referred to as Bigyas, Inc., and you the user, hereinafter known as The User or User as it pertains to the collection of services which www.bigyas.com (The Website) provides including (but not limited to) classified ads, networking and network design solutions, list companies or businesses, sells premium content to our custmomers, and other online resources hereinafter referred to as Our Services.
By using our services in any way, the user agrees to comply fully with these terms & conditions. Should any part of this agreement be deemed unenforceable by Nigerian Federal, Provincial, or Municipal law, the rest of the agreement shall remain enforceable.
Bigyas provides a collection of online resources, including classified ads, responses, reminders & updates (referred to hereafter as “the Service”) subject to the following terms and conditions (“Terms”). By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular Bigyas services, you agree to abide by any applicable posted guidelines for all Bigyas services, which may change from time to time.Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Bigyas in any way, your only recourse is to immediately discontinue use of Bigyas. You are, however, encouraged to inform/complain to our customer care team who will do their best to address your concern(s).
Bigyas site may go offline and online at any time due to site maintenance without prior notifying “You” (The User) and may result to transaction termination at that point in time.
Bigyas reserves the right to alter this document at its discretion. Any changes will be reflected online at the following address:
Furthermore, the user also agrees to abide by any additional guidelines, terms, policies, and conditions set forth by using any of the websites additional services.
If any part or section of this document is objectionable to the user in any way, the user is unauthorized to use our service in any form or capacity.
USERS REGISTRATION OBLIGATIONS
The User must be at least ten (18) years old to register for and use our Services. In consideration of use of our Services, The User agrees to: (a) provide true, accurate, current, and complete information about The User as prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by The User (“Registration Data”) is untrue, inaccurate, not current, or incomplete, Bigyas reserves the right to terminate The User’s account and refuse any and all current and/or future use of our services.
You understand that all postings, ads, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that Bigyas does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Furthermore, the Bigyas site and Content available through the Service may contain links to other websites, which are completely independent of Bigyas. The Bigyas services makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.Your linking to any other website is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Bigyas be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. By having your mobile number listed on Bigyas, you agree to receive SMS from users who may wish to contact you through the site.You acknowledge that Bigyas does not always pre-screen or approve Content (unless specified), but that Bigyas shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
MODIFICATIONS TO THIS AGREEMENT
You agree not to post, email, or otherwise make available Content:
- that is abusive, harassing, unlawful, harmful, threatening, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
- discriminatory on the basis religion, gender, sexual orientation, race, ethnicity, age, or disability toward an individual or group of individuals.
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that is spam, pornographic in kind or nature
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
- that includes links to commercial services or web sites, except as allowed in “services.
- use any form of automated device or computer program that enables the submission of postings on Bigyas without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
- that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by Nigerian law.
- that impersonates any person or entity, including, but not limited to, a Bigyas employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.).
- false, deceptive, misleading, deceitful, misinformative.
- attempt to gain unauthorized access to Bigyas’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Bigyas website at www.blog.bigyas.com.
- that includes personal or identifying information about another person without that person’s explicit consent.
- post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure
- that is false, deceptive, misleading, deceitful, misinformative, or constitutes bait and switch.
- attempt to gain unauthorized access to Bigyas’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, our service or Bigyas website.
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
- that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement.
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from our service except we give you access or authentication.
- contact anyone who did not asked to be contacted.
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through our service.
- that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Indian law.
- that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to our service, or that otherwise negatively affects other users’ ability to use our service.
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- constitutes or contains any form of advertising or solicitation if – posted in areas of Bigyas which are not designated for such purposes; or – emailed to Bigyas users who have requested not to be contacted about other services, products or commercial interests.
- engage in harassing or stalking behaviour or activities.
- collect personal data about other users for commercial or unlawful purposes.
DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
The users’ interactions with organizations and/or individuals found on or through our Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such organizations and/or individuals.
Bigyas shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, the user understands and agrees that Bigyas is under no obligation to become involved. In the event that the user has a dispute with one or more other users, the user hereby releases Bigyas and all related staff, affiliates, and partner companies from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
UNSOLICITED COMMUNICATION POLICY
The user agrees that sending unsolicited email advertisements to Bigyas email addresses or through Bigyas computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in US. Any unauthorized use of Bigyas computer systems is a violation of these Terms. Such violations may subject the sender and his or her agents to civil and criminal penalties as deemed necessary or appropriate by local and federal authority if applicable.
Bigyas communicates with you as a registered member through the email id and/or mobile number that is specified in your account. We shall use this email address and/or mobile number to send you following types of communications:
a) E-mails/SMS related to your account,
b) Introduction of new services on Bigyas and/or features in your account,
c) Newsletters that you are subscribed to,
d) Updates about changes in our policies.
Please note that these communications may contain commercial messages of advertisers; however, Bigyas does not provide your personal information including email and mobile number to any of the advertisers. You may opt out of the newsletters or promotional announcements anytime at your wish.
OPT-OUT OF COMMUNICATION
You have an option to opt-out by:
Deleting your posts and/or other informationb) Deactivating your accountc) Unsubscribe from receiving marketing communications.
LIMITATIONS ON SERVICE
The user acknowledges that Bigyas may establish limits concerning use of our Service, including the maximum number and size of postings or other content that may be transmitted or stored by our Service, and the frequency with which you may access our Service. The user also agrees that Bigyas has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by our service. The user acknowledges that Bigyas reserves the right at any time to modify or discontinue our service (or any part thereof) with or without notice, and that Bigyas shall not be liable to you or to any third party for any modification, suspension or discontinuance of our service.
NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us at email@example.com
PRIVACY AND INFORMATION DISCLOSURE
Bigyas Services, the website, and its content are protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through our Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the website or the collective work is prohibited. Copying or reproducing the website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. The user further agrees not to reproduce, duplicate or copy content from our service, and agrees to abide by any and all copyright notices displayed on our Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained on the website: you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of our service. Bigyas is a registered trademark which was incorporated as Bigyas Integrated Services Limited Under the Companies Allied Act 1990 and also under the Nigerian Intellection Property Organization.
Bigyas does not claim ownership of content that her users post. But, by posting content to any public area of our service, the user automatically grants to Bigyas an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
ACCESS TO THE SERVICE
Bigyas grants you a limited, revocable, non-exclusive license to access the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Bigyas. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.Bigyas permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of these Terms, in absence of express permission granted by Bigyas to do so. You may also create a hyperlink to the home page of Bigyas sites so long as the link does not portray Bigyas, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.Bigyas offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Bigyas permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that
(a) your use of the RSS feed is for personal, non-commercial purposes only,
(b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it,
(c) you provide, adjacent to the RSS feed, proper attribution to ‘Bigyas’ as the source,
(d) your use or display does not suggest that Bigyas promotes or endorses any third party causes, ideas, web sites, products or services,
(e) you do not redistribute the RSS feed, and
(f) your use does not overburden Bigyas’s systems.
We (‘Bigyas’) reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.Use of the Service beyond the scope of authorized access granted to you by Bigyas immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Bigyas.
TERMINATION OF SERVICE
You agree that Bigyas, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Bigyas believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Bigyas shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
Bigyas may provide, or users may include in email or postings, links to other Web sites or resources. However, the user agrees not to include in email or postings (or elsewhere via the Services) any “deep link” which leads to a web page, other than the home page, of another party’s web site unless such a link is authorized by the owner of that web site. User acknowledges and agrees that Bigyas and their third party service providers are not responsible for the availability of such external sites or resources, or for the users use of deep links, and Bigyas and their third party service providers do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BIGYAS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BIGYAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE BIGYAS SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE BIGYAS SITE OR THE SERVICE, FROM INABILITY TO USE THE BIGYAS SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE BIGYAS SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BIGYAS SITE OR THE SERVICE OR ANY LINKS ON THE BIGYAS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BIGYAS SITE OR THE SERVICE OR ANY LINKS ON THE BIGYAS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Bigyas, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another
The Terms constitute the entire agreement between you and Bigyas and govern your use of the Service, superceding any prior agreements between you and Bigyas. The Terms and the relationship between you and Bigyas shall be governed by the Nigeria laws without regard to its conflict of law provisions. You and Bigyas agree to submit to the personal and exclusive jurisdiction of the courts located within Nigeria. The failure of Bigyas to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
DISCLAIMER OF WARRANTIES
Bigyas disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed the website. Bigyas disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Bigyas disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through Bigyas.
BIGYAS SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN BIGYAS SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. BIGYAS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ADLANDPRO AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF BIGYAS SERVICES. BIGYAS AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH BIGYAS SERVICES. BIGYAS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON BIGYAS SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY BIGYAS SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN BIGYAS SERVICES.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES
PLEASE REPORT ANY VIOLATIONS OF THE TERMS, BY FLAGGING THE POSTING(S) FOR REVIEW, OR BY EMAILING TO or firstname.lastname@example.org, OUR FAILURE TO ACT WITH RESPECT TO A BREACH BY YOU OR OTHERS DOES NOT WAIVE OUR RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES.YOU UNDERSTAND AND AGREE THAT, BECAUSE DAMAGES ARE OFTEN DIFFICULT TO QUANTIFY, IF IT BECOMES NECESSARY FOR Bigyas TO PURSUE LEGAL ACTION TO ENFORCE THESE TERMS, YOU WILL BE LIABLE TO PAY A HUGE PENALTY.