Rules on Use of giftbills.com site
If you browse or otherwise access any content or data on the giftbills.com website where this Terms and Condition appears in the footer, and to any giftbills.com application, service, or tool (collectively "Resource" or "Service") you agree to be bound by these terms. If you do not agree to these terms, please do not use this Resource.
By using the Resource with or without Registered account, regardless of how you access or use it, including through mobile devices you are accepting the terms of this Terms of Conditions and any applicable posted guidelines for the Service.
These Terms of Conditions shall be a legally binding agreement between the User and Administrator, which subject is a provision of access to use of the Resource and to its functionality to the User. Among these Terms of Conditions, the agreement between the User and the Administrator comprises also all specific documents, by which a provision of access to use of the Resource is regulated, including Privacy Policy, and other documents as well being developed by the Administrator from time to time.
Administrator reserve the right to change Terms and Condition at any time by publishing the new Terms and Conditions on the Resource. By continuing to use the Service you are indicating your acceptance to be bound by the amended Terms and Conditions.
"Administrator", "we" or "us" - Local Content Administrator or other entity that exercise control over the Local Content Administrator, which renders the Services to the Users.
"Local Content Administrator" — giftbills.com Online Bill Payment Solution by Tech Plus Network Nigeria Limited, entity incorporated under the laws of Nigeria.
"User", "you", "your" – means any natural person eligible to conclude an agreement under the applicable law with Administrator and using any of Services with or without a Registered account. The Users may also act on behalf of the company that provides goods and services and intends to use the Resource or Service. In this case Users shall be empowered for such representation in a written form.
"Register entry/account" — an electronic User area within functional system of the Resource or Service, with a help of which he/she is able to manage his/her activities on the Resource.
1. General provisions
1.1. For the registration of an account, you shall provide necessary veridical and current information for the purpose of generation of User account, which includes User’s unique login (email address), and a Resource password, as well as his/her surname and name. Resource Registration Form may require the User to provide more detailed information.
1.2. Resource is a bill payment system that allows users to purchase and resell just about anything offered on giftbills.com. The actual contract for purchase is directly between you and Giftbills.com. We server as an intermediary between you(the buyer) and the service provider. And so we do not provide a refund for any successful purchase on any of the services giftbills.com provides.
1.3. Administrator does not pursue actions focused on service rendered by any of the service provider and expressly disclaims all responsibilities in relation to service by the provider such as network disruption, etc.
1.4. Administrator can remove any service provider from giftbills.com at any point or add new services at any point in time depending on the availability of such service.
1.5. We may set limits of transaction or service order base on user account status or level of kyc provided by such user. The Resource Administrator can render additional services of increasing of a column limit by means of sales of a service package.
2. Using Resource
2.1. Using the Resource, the User shall:
2.1.1. provide veridical, complete and current data during registration, ensure them being updated;
2.1.2. The User shall immediately change data for accessing to the Resource, if he/she has a suspicion that his/her email address and password used for entering to the Resource were disclosed or probably used by the third parties.
2.1.3. notify the Administrator of unauthorized access to the personal account and/or of unauthorized access to and/or use of User’s login and password;
2.1.4. prevent other Users’ getting access to the personal account or any specific information contained on it, if this can lead to violation of the laws of Nigeria and/or these Terms and Conditions;
2.1.5. avoid sharing of information and objects (including references hereto) to the Resource, which can infringe other persons’ rights and interests;
2.1.6. avoid sharing of information and objects such as API credentials (including references hereto) to the Resource to avoid loss of fund.
2.2. Using the Resource, the User shall not:
2.2.1. log in as a User on behalf or instead of other person (“false account”). However, the User can log in for and on behalf of other individual or legal entity subject to receipt of necessary well-documented authorities
2.2.2. confuse User concerning his/her personality using login and password of any other registered User;
2.2.3. illegally wallet funding from an account source not belonging to the him/her;
2.2.4. perform bulk mailing to the addresses of other Resource Users without their consents;
2.2.5. use software and pursue any other actions aimed to interference with normal operation of the Resource or Users personal areas;
2.2.6. in any way, including, but not limited to, fraudulently, be way of breach of faith or crack, endeavor to get access to other User’s login and password;
2.2.7. use the Resource otherwise but as provided herein, except when such actions were directly permitted to the User pursuant to a separate agreement with the Administrator;
3. Antispam policy
These Rules strictly prohibit mailing out of undesirable advertisements via Bulksms, or of any other undesirable messages, or by means of the Resource. Administrator may periodically control letters delivery within the Resource for spam mailouts.
4. Limitation of liability
4.1. ALL SERVICES RENDERED BY THE ADMINISTRATOR ARE RENDERED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND THE ADMINISTRATOR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY GUARANTIES REGARDING CONDITION, QUALITY, LIFE DURATION, PERFORMANCE, ACCURACY, RELIABILITY, COMMERCIAL VALUE AND SUITABILITY FOR SPECIFIC PURPOSES. ALL SUCH WARRANTIES AND LIABILITIES ARE HEREBY EXCLUDED.
4.2. THE ADMINISTRATOR MAKES NO WARRANTIES CONCERNING AUTHENTICITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENCY OF ANY INFORMATION PROVIDED BY MEANS OF THE RESOURCE; THE ADMINISTRATOR MAKES NO WARRANTIES CONCERNING THAT QUALITY AND/OR USE OF PRODUCTS OR SERVICES, WHICH ARE OFFERED OR DISPLAYED ON THE RESOURCE DO NOT INFRINGE ANY THIRD PARTIES’ RIGHTS; AND THE ADMINISTRATOR MAKES NO WARRANTIES OR REPRESENTATIONS OF WHATSOEVER NATURE CONCERNING ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED ON THE RESOURCE.
4.3. The Administrator and affiliated parties shall bear no responsibility for provider services and quality offered by the service provider. The Administrator disclaims all warranties regarding that quality of goods and services acquired by means of the Resource will be consistent with a buyer’s expectations and/or demands. The Administrator makes no warranties about that goods, services or information ordered by means of the Resource will be provided by the Resource User in accordance with a buyer’s expectations.
5. Indemnity
5.1. Each User agrees to be obliged to indemnify the Administrator, affiliated parties, directors, officials and employees from any and all losses, claims, liabilities (as well as from legal costs to the fullest extent), which may arise following Users’ use of the Resource, as a result of violation of any condition of the Terms and Conditions, or violation of representations and warranties made by him/her towards the Administrator.
5.2. Each User hereby agrees to indemnify the Administrator, affiliated parties, directors, officials and employees from any and all losses, claims, liabilities, which may arise, whether directly or indirectly, as a result of any claims, made by holders/claimants of the Third parties or other parties’ rights, related to the goods and services offered or displayed on the Resource. Each User hereby acknowledges that the Administrator shall have no liabilities or responsibilities against you with regard to any data posted by any other persons, as well as those discreditable or illegal, and risk of losses related to such data remains entirely with each User.
5.3. The Administrator shall not be responsible for any expressed or implicit, penalty, accidental or consequential losses or damage of whatsoever nature (including, but not limited to, losses related to loss of profit or saving, termination of business, loss of information, loss of benefit), incurred as a result of transactioning, negligence, delinquency, or in any other way, or any other losses related to the following actions:
- use or impossibility of use of the Resource;
- in case of any defects of goods, patterns, data, information or services purchased of otherwise acquired from the User or by any other party by means of the Resource;
- infringement of the third-party's rights or claims, or requirements for production, import, export, distribution, offer, display, acquisition, sale and/or use of User’s products or services, offered or displayed on the Resource, which may infringe or may be purported as infringing the third parties’ rights; or a claim of any party related to rights protection;
- unauthorized third parties’ access to any User’s data or personal information;
- applications or actions of any Resource User; or
- other actions related to use of Resource and arising by negligence, as well.
6. Enforcement
6.1. The Administrator reserves a right to delete or block access to information posted by User without notice in the event of:
- receiving of mandatory judgments of competent public authorities;
- claim of a holder of intellectual property rights to terminate infringement of his/her rights by a user on the Resource; other infringements of rights or legal interests of other Resource Users, of legal entities or individuals upon their reasonable appeal;
- detecting information, which posting to the Resource is prohibited under these Rules.
6.2. The Administrator shall be entitled to block access to information posted by users to the Resource at its sole discretion having provided a user with relevant substantiation.
7. Users and organizations interaction
10.1. The Administrator disclaims any responsibility for User’s interaction with any organizations and/or persons in the course of using of the Resource. This includes, but not limited to, payments for and delivery of goods and services, as well as any other interaction in relation to other organizations and/or individuals. Transactions are concluded only between Users and such organizations and/or individuals. The Administrator disclaims responsibility for such interactions or other losses incurred following such relations or interactions. If any dispute arises between you and one or several other users, you shall indemnify the Administrator, its officials, employees, agents and successors from any and all claims, requirements and losses (whether direct or indirect) of whatsoever kind or nature, which arise or relate to such disputes and /or goods and services.
8. Mandatory Arbitration.
8.1. Please read this Section carefully. YOU AND ADMINISTRATOR, AND EACH OF OUR RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS TERMS AND CONDITIONS OR THE SERVICE, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
8.2. Commencing Arbitration. A party intending to seek arbitration must first send to the other, by an international courier with a tracking mechanism, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Administrator, via any other method available to Administrator, including via e-mail. The Notice to Administrator must be addressed to giftbills.com Online Bill Payment by Tech Plus Network Nigeria Limited (18, Ogundola Street, Bariga, Lagos, Nigeria), Attn: Chief Executive Officer (the "Arbitration Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the "Demand"). If you and Administrator do not reach an agreement to resolve the claim within 30 days after the Notice is received, then you or Administrator may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "Rules"), AS MODIFIED BY THIS TERMS AND CONDITIONS. The Rules and AAA forms are available online at http://www.adr.org. If you are required to pay a filing fee to commence an arbitration against Administrator, then Administrator will promptly reimburse you for your confirmed payment of the filing fee upon Administrator's receipt of a Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
8.3. Arbitration Proceeding. The arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of business in Alexandria, Virginia will be appointed pursuant to the Rules, as modified herein. You and Administrator agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.
8.4. No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND ADMINISTRATOR AGREE THAT YOU AND ADMINISTRATOR MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
8.5. Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of California in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to this Section 11.
8.6. Equitable Relief. The foregoing provisions of this Section 11 do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents. For the avoidance of doubt, however, you acknowledge that, in the event Administrator or a third party breaches this Terms and Conditions, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Administrator, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Terms and Conditions.
8.7. Claims. You and Administrator agree that, notwithstanding any other rights a party may have under law or equity, any cause of action arising out of or related to this Terms and Conditions or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
8.8. Improperly Filed Claims. All claims you bring against Administrator must be resolved in accordance with this Section. All claims filed or brought contrary to this Section will be considered improperly filed. Should you file a claim contrary to this Section, Administrator may recover attorneys' fees and reimbursement of its costs, provided that Administrator has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
8.9. Modifications. In the event that Administrator makes any future change to the "Mandatory Arbitration" paragraph set forth above (other than a change to Administrator's Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to Administrator's Arbitration Notice Address, in which case your account with Administrator and your license to use the Service will terminate immediately, and this Section, as in effect immediately prior to the amendments you reject, will survive the termination of this Terms and Conditions.
9. Miscellanies
9.1. Except as otherwise provided, if any provision of this Terms and Conditions is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this Terms and Conditions, and in such event, we will post notice on giftbills.com.
9.2. 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. We do not guarantee we will take action against all breaches of this Terms and Conditions.
9.3. The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Resource.