TERMS AND CONDITIONS
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;
„Website” means the website or any respective page, subpage, subdomain or section thereof from time to time, located bigiba.com
2. CONTRACTING PARTIES
4. VERIFICATION OF YOUR IDENTITY; ANTI-MONEY LAUNDERING REQUIREMENTS
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
5.1 For legal reasons when travelling abroad you may not be able to access your account.
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, 2FA 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).
6.3 You have the option to set up 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.
7. REFERRAL SYSTEM
7.1. Our Services include a direct marketing sale system or Referral System, which can be implemented in the Website.
7.2. 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.
7.3. 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.
8. LEGAL USE OF THE WEBSITE
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.
10. ALTERATION OF THE WEBSITE
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.
11. EXCLUSION OF OUR LIABILITY
11.2 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:
11.2.1 LOSS OF DATA;
11.2.2 LOSS OF PROFITS;
11.2.3 LOSS OF REVENUE;
11.2.4 LOSS OF BUSINESS OPPORTUNITY;
11.2.5 LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION;
11.2.6 BUSINESS INTERRUPTION; OR
12.1 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:
12.1.1 the access to and use of the Services by You or by anyone else using Your username and password; and/or
13. 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.
14. YOUR PERSONAL INFORMATION
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:
14.4.2 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.
15. COMPLAINTS AND NOTICES
15.2 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.
15.4 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.
16. TRANSFER OF RIGHTS AND OBLIGATIONS
17. EVENTS OUTSIDE OUR CONTROL
17.2 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.
18.1 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.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
19.2 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.
20. ENTIRE AGREEMENT
21. THIRD PARTY RIGHTS
22. LAW AND JURISDICTION
Operator: Bigiba Ltd | CoNo: 123115
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