TERMS AND CONDITIONS

1. INTRODUCTION: KEY DEFINITIONS AND WHAT MAKES UP YOUR TERMS OF USE

1.1 “Access Device” means any electronic means of accessing the Services, including, but not limited to, computers, smartphone devices, feature phones, tablet devices, touch devices or any home entertainment system such as video games consoles and smart TVs (or by any other remote means);
“General Terms” means the terms and conditions set out in this document;
“Privacy Policy” means the Operator’s privacy policy accessed via the Privacy Policy link, which is an unseparable part of these Terms and Conditions;
“Terms of Use” means the General Terms, the Privacy Policy and Additional Terms applicable to the Services that are being used by You;
„Website” means the website or any respective page, subpage, subdomain or section thereof from time to time, located bigiba.com1.2 By using and/or visiting any section of the Website, or by opening an account with the Operator through the Website, You agree to be bound by the Terms of Use and You accordingly: (a) agree to the use of electronic communications in order to enter into contracts; and (b) waive any applicable rights or requirements which require a signature by hand, to the extent permitted by any applicable law; (c) agree, that in order to use our service you may be requested to provide us with certain personal information which shall be processed on the basis of our Privacy Policy. The Terms of Use do not affect your statutory rights.
1.3 The original text of the Terms of Use are in English and any interpretation of them will be based on the original English text. If the Terms of Use or any documents or notices related to them are translated into any other language, the original English version will prevail.
1.4 Please read the Terms of Use carefully before accepting them. Once You have accepted the Terms of Use, please print the Terms of Use and store them, along with all confirmation emails, additional terms, transaction data and payment methods relevant to Your use of the Website. Please note that the Terms of Use are subject to change, as set out in paragraph 3 below.
1.5 If You do not agree to accept and be bound by the Terms of Use please do not use any of the Services. Your continued use of any of the Services will constitute acceptance of the Terms of Use which we have notified You are in force from time to time.
1.6 For the avoidance of doubt, each and all sections of the Website are governed by the Terms of Use, and You should ensure at all times that Your use of the Services is in accordance with the Terms of Use

GENERAL TERMS

2. CONTRACTING PARTIES

2.1 The Terms of Use shall be agreed between You and the Operator. All information on the Website is provided by the provider of services on the Website, (hereinafter bigiba.com), is a company operating incorporated under the laws of Marshall Islands, Operator in these Terms and Conditions is referred to as "Bigiba", "bigiba.com", “We”, “Us”, “Our”, “Management”, “Site” or “Company” that you enter contract with. The Customer shall be referred to as “You”, “Yours” or “Customer”.

3. CHANGES TO THE TERMS OF USE

3.1 We may need to change the Terms of Use from time to time for a number of reasons, including (without limitation) for commercial reasons, to comply with law or regulations, to comply with instructions, guidance or recommendations from a regulatory body, or for customer service reasons. The most up-to-date Terms of Use can be accessed from the Terms and Conditions link in the footer section of the Website.
3.2 Where we wish to make substantial changes to the Terms of Use, we will give You as much prior notice of such changes as is reasonably practicable via one of the methods set out in paragraph 3.3. For minor or insubstantial changes, we may not give You any notice of such changes, so You are advised to review the Terms of Use through the Terms and Conditions link on the Website on a regular basis.
3.3 Where we make changes to the Terms of Use which we wish to notify You of, we will do so by such method of notification as we may, in our discretion, deem appropriate.

4. VERIFICATION OF YOUR IDENTITY; ANTI-MONEY LAUNDERING REQUIREMENTS

4.1 We reserves the right, at any time, to ask for any KYC documentation We deems necessary to determine the identity and location of the user or You. We reserve the right to restrict the Service in any way we deem necessary until identity is sufficiently determined, or for any other reason in our sole discretion. We also reserves the right to disclose your information as appropriate to comply with legal process or as otherwise permitted by the privacy policy, and by using the Service, You acknowledge and consent to the possibility of such disclosure.
4.2 By agreeing to the Terms of Use You authorise us to undertake any such verification checks from time to time as we may require ourselves or may be required by third parties. You agree that from time to time, upon our, You may be required to provide additional details in respect of any of such information You have provided us, including in relation to any deposits which You have made in using our Services.
4.3 Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:

You are over 18 or such other legal age of majority as determined by any laws which are applicable to you, whichever age is greater;
You have full capacity to enter into a legally binding agreement with us and you are not restricted by any form of limited legal capacity;
You are accessing our Services from a jurisdiction in which it is legal to do so;
Your use of the Service is at your sole option, discretion;
You participate in the Services on your own behalf and not on the behalf of any other person;
You are solely responsible for reporting and accounting for any taxes applicable to you under relevant laws for any earnings that you receive using our Services;
You are solely responsible for any applicable taxes which may be payable on cryptocurrency to you through your using the Service;
There is a risk of losing cryptocurrency when using the Service and that We have no responsibility to you for any such loss;
In relation to deposits of cryptocurrency funds, you shall only use crypto that is valid and lawfully belongs to you;
You accept and acknowledge that the value of cryptocurrency can change dramatically depending on the market value;
You accept and acknowledge that we reserve the right to detect and prevent the use of prohibited techniques, including but not limited to fraudulent transaction detection, automated registration and signup, screen capture techniques. These steps may include, but are not limited to, examination of Customer device properties, detection of geo-location and IP masking, transactions and blockchain analysis;
The telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of us, and We shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same;

5. RESTRICTED REGIONS

We are unable to accept accounts or offer any of our products or services to clients resident in the following countries: United States, USA Minor Outlying Islands, Afghanistan, Burundi, Belarus, Central African Republic, Democratic Republic of the Congo, Guinea, Guinea-Bissau, Iraq, Iran, North Korea, Lebanon, Libya, Mali, Myanmar, Nicaragua, Sudan, Somalia, South Sudan, Syria, Venezuela, Yemen, Zimbabwe

6. USERNAME, PASSWORD, PIN and CUSTOMER INFORMATION

6.1 You must take all reasonable steps to avoid disclosing (whether deliberately or accidentally) Your information when using our Services to anyone else, including (where practicable) ensuring that up-to-date security software is downloaded onto Your Access Device.
6.2 All transactions made where Your information have been entered correctly will be regarded as valid, whether or not authorized by You, and we shall not be liable for any claims in the event that You disclose Your address, password or other information to anyone else (whether deliberately or accidentally). two-factor authentication. This significantly enhances the security of your account.
6.4 For your security, entering the password incorrectly multiple times will result in a 30-minute IP address block.

9. REFERRAL SYSTEM

9.1. Our Services include a direct marketing sale system or Referral System, which can be implemented in the Website.
9.2. We reserve the right to change the the Referral System and thus our Services at any time, in particular if we find or suspect that the Referral System has been misused, taken advantage of, used for illegal purposes, for money laundering or terrorist financing, abuse of minors or other similar reasons.
9.3. At any time We may impose various restrictions to different countries where Customers may reside regarding Referral System bonuses for reasons undisclosed. We further reserve the right to offer specific bonuses to individual customers or customer groups and their termination, change or other alteration without explanation and/or compensations in any form.

10. LEGAL USE OF THE WEBSITE

10.1 Access to or use of the Website or any of the Services via the Website may not be legal for some or all residents of or persons in certain countries. We do not intend that the Website should be used by persons in countries in which such activities are illegal.
THE FACT THAT THE WEBSITE IS ACCESSIBLE IN ANY SUCH COUNTRY, OR APPEARS IN THE OFFICIAL LANGUAGE OF ANY SUCH COUNTRY SHALL NOT BE CONSTRUED AS A REPRESENTATION OR WARRANTY WITH RESPECT TO THE LEGALITY OR OTHERWISE OF THE ACCESS TO AND USE OF THE WEBSITE, AND THE MAKING OF DEPOSITS OR RECEIPT OF ANY EARNINGS FROM YOUR ACCOUNT.

14. TERMINATION OF THE TERMS OF USE

14.1 We are, at any time (and notwithstanding any other provisions contained in the Terms of Use), entitled to terminate the Terms of Use on written notice (or attempted notice) on our website.

17. ALTERATION OF THE WEBSITE

17.1 We may, in our absolute discretion, alter or amend any product or service (including any prices offered) available through the Website at any time for the purpose of ensuring the ongoing provision of the Website. From time to time, we may restrict You from accessing some parts of the Website for the purpose of maintenance of the Website and/or alteration or amendment of any products available through the Website.

21. EXCLUSION OF OUR LIABILITY

21.2 We will provide the Services with reasonable skill and care and substantially as described in the Terms of Use. We do not make any other promises or warranties regarding the Services, or any products or services forming a part of the Services, and hereby exclude (to the extent permitted by law) all implied warranties in respect of the same (including implied warranties as to satisfactory quality and/or fitness for Your purpose). In particular, we do not warrant that the Website will have uninterrupted availability or that it will be free of bugs, viruses or other errors.
21.3 WE (INCLUDING OUR GROUP COMPANIES, PAYMENT PROCESSOR, AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) SHALL NOT BE LIABLE TO YOU, WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN RESPECT OF ANY:
21.3.1 LOSS OF DATA;
21.3.2 LOSS OF PROFITS;
21.3.3 LOSS OF REVENUE;
21.3.4 LOSS OF BUSINESS OPPORTUNITY;
21.3.5 LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION;
21.3.6 BUSINESS INTERRUPTION; OR
21.3.7 ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE, EVEN WHERE SUCH LOSS OR DAMAGE HAS BEEN NOTIFIED TO US AS BEING POSSIBLE, ARISING OUT OF THE TERMS OF USE OR ANY USE WHATSOEVER BY YOU OF THE SERVICES.

22. BREACH OF THE TERMS OF USE

22.1 You will fully indemnify, defend and hold us and our officers, directors, employees, agents, contractors and suppliers harmless from and against any and all losses, costs, expenses, claims, demands, liabilities and damages (including legal fees), however caused, that may arise, whether or not reasonably foreseeable, as a result of or in connection with:
22.1.1 the access to and use of the Services by You or by anyone else using Your username and password; and/or
22.1.2 any breach by You of any of the terms and provisions of the Terms of Use.
22.2 Where You are in breach of the Terms of Use, we may at our sole discretion, prior to any suspension or termination of Your Account, notify You (using Your Contact Details) that You are in breach, requiring You to stop the relevant act or failure to act, and/or requiring You to put right an act or fault on Your part and warning You of our intended action if You do not do so, provided always that such notification shall not be a pre-condition to any suspension or termination of Your Account.
22.3 We have the right to disable any user identification code or password, whether chosen by You or allocated by us, at any time, if in our reasonable opinion You have failed to comply with any of the provisions of the Terms of Use.

24. VIRUSES, HACKING AND OTHER OFFENCES

13.1 You shall not:
13.1.1 corrupt the Website;
13.1.2 attempt to gain unauthorised access to the Website, the servers on which the Website is stored or any server, computer or database connected to the Website;
13.1.3 flood the Website with information, multiple submissions or “spam”;
13.1.4 knowingly or negligently use any features which may affect the function of the Website in any way for example (but not limited to) releasing or propagating viruses, worms, trojans, logic bombs or similar material that is malicious or harmful;
13.1.5 interfere or tamper with, remove or otherwise alter in any way, any information in any form which is included on the Website;
13.1.6 attack the Website via a denial-of-service attack or a distributed denial-of-service attack. We will report any suspected breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Website will cease immediately.
13.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your Access Device and related equipment, computer programs, data or other proprietary material due to Your use of the Website or to Your downloading of any material posted on such Website, or on any website linked to the Website.
13.3 Website is free from malicious software.

25. YOUR PERSONAL INFORMATION

14.1 All information on You held by us is securely data warehoused and remains confidential except where otherwise stated in the Terms of Use (including, for the avoidance of doubt, the Privacy Policy).
14.2 We are required by law to comply with data protection requirements in the way in which we use any personal information collected from You in Your use of the Services. We therefore take very seriously our obligations in relation to the way in which we use Your personal information.
14.3 Prior to Your use of and when You use the Services it will be necessary for us to collect certain information about You, including Your name and date of birth, Your Contact Details, and may also include information about Your marketing preferences (all of which shall be known as “Your Personal Information“).
14.4 By providing us with Your Personal Information, You consent to our processing Your Personal Information, including any of the same which is particularly sensitive:
14.4.1 for the purposes set out in the Terms of Use (including the Privacy Policy); and
14.4.2 for other purposes where we need to process Your Personal Information for the purposes of operating the Services, including by sharing it with our service providers, employees and agents for these purposes, for example to our providers of postal services, marketing services and Customer Services agents. We may also disclose Your Personal Information in order to comply with a legal or regulatory obligation.
14.5 We may retain copies of any communications that You send to us (including copies of any emails) in order to maintain accurate records of the information that we have received from You.

27. COMPLAINTS AND NOTICES

27.2 Should You wish to make a complaint regarding the Services, as a first step You should, as soon as reasonably practicable, contact customer support about Your complaint, which will be escalated as necessary within our Support team until resolution.
27.4 When we wish to contact You, we may do so using any of Your Contact Details. Notices will be deemed to have been properly served and received by You immediately after an email is sent or after we have communicated with You directly by telephone (including where we leave You a voicemail), or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post; in the case of an email, that such email was sent to the specified email address (if any) in Your Contact Details at the time that any such email was sent.

28. TRANSFER OF RIGHTS AND OBLIGATIONS

28.1 We reserve the right to transfer, assign, sublicense or pledge the Terms of Use (an “assignment”), in whole or in part, to any person without notice to You, provided that any such assignment will be on the same terms or terms that are no less advantageous to You.
28.2 You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under the Terms of Use.

29. EVENTS OUTSIDE OUR CONTROL

29.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms of Use that is caused by events outside our reasonable control, including (without limitation) any telecommunications network failures, power failures, failures in third party computer (or other) equipment, fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, terrorist activity and acts of government or other competent authorities (a “Force Majeure Event“).
29.2 Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.

18. WAIVER

29.1 If we fail to insist upon strict performance of any of Your obligations or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
30.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
30.3 No waiver by us of any of the provisions of the Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with paragraph 27 (Complaints and Notices) above.

31. SEVERABILITY

31.1 If any of the Terms of Use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
31.2 In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the Operator’s original intent.

32. ENTIRE AGREEMENT

32.1 The Terms of Use and any document expressly referred to in them represent the entire agreement between You and us and supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing.
32.2 We each acknowledge that neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us except as expressly stated in the Terms of Use.
32.3 Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in the Terms of Use.

33. THIRD PARTY RIGHTS

Unless these Terms of Use expressly state otherwise a person who is not a party to these Terms of Use has no right to enforce any of the terms. It is expressly forbidden for End Users to transfer any assets of value of any kind to a third party, including but not limited, it is forbidden to transfer ownership of account(s), winnings, deposits, rights and/or claims in connection with these assets, legal, commercial or of any other character. Such prohibition includes, but is not limited to encumbrance, pledging, assigning, usufruct, trading, brokering, hypothecation and/or gifting either separately or in cooperation with a fiduciary or any other third party, company, natural or legal individual, foundation and/or association in any way or shape of form.

34. LAW AND JURISDICTION

These Terms of Use shall (subject to paragraph 14.2) be governed by and interpreted in accordance with the laws of the Marshall Islands, MH.
Operator: Bigiba Ltd | CoNo: 123115

23. LINKS

Where we provide hyperlinks to other websites, we do so for information purposes only. You use any such links at your own risk and we accept no responsibility for the content or use of such websites, or for the information contained on them.

24. CONTACTING US

The Operator can be contacted on the contact information published on https://bigiba.com/contactus

Bigiba Ltd P.O.Box 1405 Majuro Marshall Islands MH96960