We are Gigoly.com ("we", "us", "GIGO Services" or "GIGO"), and these Term & Conditions ("Agreement") governs your ("you", the "user") use of Gigoly Services.
By using our services, you confirm that you accept these Agreement and that you agree to comply with them. If you do not agree to these Terms, you must not use our Services. Please note that you agree to be bound by these Terms and the other documents expressly referred to in it, from the time that you register to use the Services up until the time your account is terminated.
We amend these Terms from time to time. Every time you wish to use our Services, please check these Terms to ensure you understand the terms which will apply at that time.
“Gigoly ” means third party escrow company that facilitates transactions between two parties based on the terms of contract created by one party and accepted by the other party.
“Information” means any Account information that you provide to us, including but not limited to personal information, financial information, or other information related to you or your business.
“Policy” or “Policies” means any Policy or other agreement between you and GIGO that you entered in connection with your use of the GIGO Escrow Services.
2.1. Gigoly is owned and operated by Midear Company Limited, a duly registered Nigerian company with the registration number RC1538759.
2.2. By using Gigoly, you will be able to control your contract agreement with a second party making sure your terms are fulfulled in a time-frame by the second party, else a dispute is created.
2.3. You shall only use our Services for lawful purposes. You shall not use our Services to receive or transmit material that is obscene, illegal, abusive, harassing, and defamatory, in breach of confidentiality or violation of any Intellectual Property Rights.
2.4. Without prejudice to the right of initiating legal proceedings or reporting the fact to the relevant authorities, in the event that we have reasons to believe that you are making any illegal and/or unauthorised use of our Service, we reserve the right to restrict your access or terminate your contract and/or account. Illegal and/or unauthorised use of the Services include but is not limited to:
2.4.1. submitting false, inappropriate or inaccurate account details or personal data to us;
2.4.2. engaging in any illegal and/or fraudulent activity;
2.4.3. acting in a manner that is detrimental to the conduct of our business or which may result in legal liability for you, us or a third party; and
2.4.4. providing, creating or disseminating computer viruses, malware, trojan etc.
2.5. GIGO will operate the Website with the reasonable skill and care of an online service provider based on the relevant industry standard.
GIGO at any moment may ask for additional information regarding your escrowed contract to ensure the activities are lawful. GIGO reserves the right to terminate contracts if illegal activities are observed, or when terms of service is abused.
2.6. GIGO will use its reasonable endeavours to maintain the operation of the Website and the Services. Whenever it is necessary to temporarily suspend the Services for operational or other reasons, GIGO will use its reasonable endeavours to restore the Website and re-establish the provision of the Services.
2.7. The user acknowledges and agrees that any payment processed via us may be subject to limits and conditions imposed by the applicable legislation and any regulation authority, and that GIGO reserves the right to restrict the maximum amount of any transaction processed, deposit, withdrawal or amount to escrow accordingly.
2.8. GIGO reserves the right to refuse the process of transactions through its Services where such transactions are not complaint with the applicable legislation, any regulation authority codes of practice or GIGO’s policies or operations standards.
2.8.1. GIGO shall in no way be bound by the contract terms, breach of agreement terms or any other terms documented by its users.
2.9. During the cause of a dispute, You, counterparty, mediator or any party directly and indirectly concerned to the contract shall NOT visit our physical office for dispute resolution or any matter related to the dispute. All disputes are resolved online using the chat widget, support contact, verified GIGO email address or any other method communicated by GIGO.
2.9.1. GIGO is NOT a law firm and only chooses to mediate contract based on freewill. GIGO can at any time choose not to mediate a particular contract, opt out of mediation process or ask the parties to resolve to court action.
2.9.2. In the case of court ruling over users' dispute, GIGO, as a law abiding company shall use the ruling as the final resolve to the dispute.
2.9.3. Your use of GIGO Services is solely based on your freewill. GIGO shall in no way be held liable for any lose or delay that you may incur from using an escrow.
3.1. The Intellectual Property Rights on Intellectual Property related to the provision of Services and the Website, its functionality and appearance, are either owned by or licensed to GIGO.
3.2. You are expressly prohibited from:
3.2.1. reproducing, copying, sharing, editing, transmitting, uploading, modifying, altering, incorporating into any other materials, removing, commercialising or using any Intellectual Property related to the provision of Services and the Website, its functionality and appearance;
3.2.2. Doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Website, the Services and/or GIGO’s business in general; and
3.2.3. Doing anything that could be considered an infringement of the Intellectual Property Rights owned and/or licensed to GIGO without first obtaining the written permission of the owner of the Intellectual Property.
4.1. This clause sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
4.2. For the purposes of this clause, your personal data (“User’s Information”) may be:
4.3. information you give to us: this includes, without limitation, your name, address, email address and phone number, financial and credit card information, personal description, proof of your identity or address.
4.3.1. Information we collect about you: this includes, without limitation, any information we collect about you related to your usage of the Website and the Services, including information on the payments made by you through GIGO, and the nature of the services and products you are creating an escrow for; and
4.3.2. Information we receive from other sources: this includes, without limitation, information we receive about you if you use any of the other websites we operate or the other services we provide, or information we receive from third parties (including, for example, business partners, sub-contractors, advertising networks, analytics providers, search information providers, credit agencies or other agencies).
4.4. We may use User’s Information in the following ways:
4.4.1. to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
4.4.2. to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
4.4.3.to contact you for your views on our services and to notify you occasionally about important changes or developments to our Website or to our Services;
4.4.4. to manage our Website and Services, for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
4.4.5. to improve our Website, Services and any services and products provided by us;
4.4.6. as part of our efforts to keep our Website and the Services safe and secure;
4.4.7. to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
4.4.8. to make suggestions and recommendations to you and other users about goods or services that may interest you or them;
4.4.9. to maintain and develop our commercial relationship with you; and
4.4.10. to evaluate any financial risks, verify any risks of money laundering, prevent fraud and make any reports that we are required to make by the applicable law.
4.5. We do not sell, rent, or otherwise provide User’s Information to third parties, except where (a) we obtain your consent; (b) it is necessary to provide you with our Services; or (c) we are required or authorised by law;
5.1 You authorise GIGO to share User’s Information with:
5.1.1 any of our employees or any member of our group or their employees, where 'member of our group' means our subsidiaries, our ultimate holding company and its subsidiaries;
5.1.2 our third party consultants, (sub-)contractors, suppliers or other service providers who may access your personal information to provide services (including but not limited to IT support services) to us in order to enable us to perform any contract we enter into with you;
5.1.3 auditors or contractors or other advisers auditing, assisting with or advising on any of our business purposes;
5.1.4 analytics and search engine providers that assist us in the improvement and optimisation of our Website and the Services;
5.1.5 our successors in title, our prospective sellers or buyers of our business;
5.1.6 government bodies and law enforcement agencies and in response to other legal and regulatory requests;
5.1.7 any third party where such disclosure is required in order to enforce or apply any contract we enter into with you;
5.1.8 any third party for the purposes of protecting the rights, property, or safety of our company, our customers, or others (including, without limitation, you). This includes exchanging information with other companies and organisations for the purposes of verifying your personal identification or address, fraud protection, anti-money laundering measures and credit risk reduction;
6.1. We may revise these Terms from time to time. Every time you use our Services, the Terms in force at that time will apply to the provision of the Services to you.
6.2. We reserve the right to make changes to the Website and the Services from time to time without any prior notice to you provided that such changes have no material adverse effect on you.
Limitations of Liability. In no event shall we, our parent, subsidiaries and affiliates, our officers, directors, agents, employees or suppliers be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our website, GIGO services, or this agreement (however arising, including negligence) unless and to the extent prohibited by law our liability, and the liability of our parent, subsidiaries and affiliates, our officers, directors, agents, joint ventures, employees and suppliers, to you or any third parties in any circumstance is limited to the actual amount of direct damages.
If we have to contact you or give you notice in writing, we will do so by verified e-mail, verified phone or by mail-post to the address, phone number or email you provide to us as in your account details.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
These Terms are governed by and construed in accordance with the laws of Nigeria.
You and we both agree that the courts have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms (including non-contractual disputes or claims).
10.1. These Terms together with the documents referred to in it, contains the entire agreement between us for your use of the Services.
10.2. If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permitted by law so as to give effect to the intent of the parties, and the remaining part of these Terms shall continue in full force and effect.
10.3. These terms are between you and us. No other person shall have any rights to enforce any of its terms.
10.4. We may transfer our rights and obligations under these Terms to another organisation without notice to you, but this will not affect your rights or our obligations under these Terms.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.