Terms of Service
Please read this carefully before accessing or using this platform. Welcome to Biya!
This Agreement is a contract between you Biya, and governs your use of all Biya Services. Using Biya Services means that you must accept all of the terms and conditions contained in this Agreement. Use of or access to Biya shall constitute an unequivocal acceptance of and agreement to be bound by this Agreement and these terms and conditions are subject to change and any changes will be incorporated into the terms and conditions posted to this website from time to time. You should read all of these terms carefully.
As a condition to and in consideration of receiving and accessing Biya service, you have agreed to be bound by all the terms and conditions of use.
Please, if you do not wish to be bound by this agreement, do not access or use Biya.
1. User Conduct.
You agree to access and use the Biya only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of Biya (ii) the use of any networks or other services connected to Biya, and (iii) the communications means by which you connect your modem, computer, phone, tablet, or other equipment to Biya. By using Biya, you agree to not;
Post or transmit any information, software or other material which contains a virus or other harmful component;
Claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
Violate any operating rule, policy or guideline of your Internet access provider or online service.
Access to the Service, or to certain features of the Service, may require you to pay fees. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. All fees are in Nigerian Naira and are nonrefundable. We may change the fees for the Service or any feature of the Service, including by adding additional fees or charges, on a goingforward basis at any time. We will charge the payment method you specify at the time of purchase. You authorise us to charge all sums described herein to such payment method. If you pay any applicable fees with a credit card, we may seek preauthorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
3. Accounts and Registration.
3.1 To access the Biya Service, you must register for an account. When you register you will be required to provide us with some information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at [email protected]
3.2 In order to make full use of the Service you will need to link your account on the Service with accounts you maintain at third party financial institutions that have records of your financial transaction history (“Financial Account History”). We contract with third parties to access your Financial Account History through the login and card information you provide to us for a given third party financial institution. In order to provide you with the Service, we store your login details in our databases. In addition, any Financial Information is only as accurate as the information provided to us by our third party providers.
4. Alerts and Notices
4.1 From time to time we may issue notices or alerts (“Alerts”) to you, or you may choose to set up voluntary Alerts based on certain criteria, to the extent made available by the Service. Automatic Alerts may be sent to you in certain situations, e.g., changes in your registration information. Any voluntary Alerts may be created or deactivated by you pursuant to customizations and preferences chosen by you. We may add or delete categories of Alerts from time to time.
4.2 Alerts may be sent to your e-mail address, and, based upon your preferences, communicated by additional means, such as, pop-up notices (“Pushes”) on your mobile device. Since alerts may include account number, financial information or other sensitive data, please be aware of the methods you choose for receipt of Alerts.
4.3 Please be aware that any Alerts may be delayed or prevented from being delivered to you for a variety of reasons. Therefore, we do not guarantee the accuracy or timely arrival of any Alerts.
5. Mobile Device Usage
Use of the Services may be made available through an Instant Messengers on a mobile device or through a Personal Computer. You are solely responsible for all costs incurred by you with respect to your usage of the Services on a mobile device, including data usage fees and other telecommunications fees.
6. Prohibited Conduct
BY USING THE SERVICE YOU AGREE NOT TO:
6.1 use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
6.2 violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
6.3 post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by us;
6.4 interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
6.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (ii) making unsolicited offers or advertisements to other users of the Service; (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
6.6 perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
6.7 sell or otherwise transfer the access granted herein or any Materials (as defined in Section 11 below) or any right or ability to view, access, or use any Materials;
6.8 provide Information to us that you do not have the authority to provide; or,
6.9 attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section.
7. Third-Party Services and Offers; Linked Websites .
We may, in future, provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account with us with an account on a third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
8. Termination of Use; Discontinuation and Modification of the Service
If you violate any provision of these Terms, your permission to use the Service will terminate automatically and without any recourse to you. Additionally, we, in our sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.
9.2 Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the “Additional Terms”), such as rules applicable to particular features or content on the Service or additional services. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
10. Changes to the Terms
We reserve the right, at our discretion, to change these Terms at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect that the time the dispute arose.
11. Ownership; Proprietary Rights; Feedback
11.1 The Service is owned and operated by Biya. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by us are protected by all relevant intellectual property, proprietary rights, and applicable laws. All Materials contained in the Service are the property of us or our third-party licensors. Except as expressly authorized by us you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in these Terms.
11.2 You may provide us with, or we may solicit your feedback, ideas, or suggestions with respect to the Services, and you hereby grant us the a perpetual, worldwide, fully transferrable, sub-licenseable, full-paid up, irrevocable, royalty free and absolute license to use such feedback in future modifications of the Service, other products or services, or marketing or materials. We will not, however, disclose such feedback in a way that would identify you without obtaining your permission.
You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Biya and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Biya Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site or Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
13. Assignment .
This Agreement is personal to you and you may not assign your rights or obligations thereunder to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from Biya have been done strictly for clarification and identification and does not constitute endorsement by Biya of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of Biya by such trademark, service mark or link owner.
14. Disclaimers; No Warranties
The site, service, and all materials and content available through the site and service are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Biya entities specifically (but without limitation) disclaim all warranties of any kind, whether express or implied, relating to the service and all materials and content available through the service, including but not limited to (i) any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course of dealing, usage, or trade. Biya financial entities do not warrant that the service or any part thereof, or any materials or content offered through the service, will be uninterrupted, secure, accurate or free of errors, viruses, or other harmful components, and do not warrant that any of the foregoing will be corrected.
No advice or information, whether oral or written, obtained by you from the service or any materials or content available on or through the service will create any warranty regarding any of Biya entities or the service that is not expressly stated in these terms.
We do not endorse, warrant or guarantee the products or services of any offers which may be made available to you through the services, and we are not an agent or broker of such offer providers. we do not guarantee that any loan, investment, plan or other terms offered by any third party are actually the terms that may be offered to you or are the best terms available.
Any and all information that we receive from third parties or you is not verified by us for accuracy or any other reason.
You and you alone assume all risk for all damages that may result from your use of or access to the service, your dealings with other service users, and any materials or content available through the service. you understand and agree that you use the service and use, access, download, or otherwise obtain materials or content through the service and any associated sites or services at your own discretion and risk, and you will be solely responsible for any damage to your property (including your computer system, phone or any gadget used in connection with the service) or loss of data that results from the use of the service or the download or use of such materials or content. some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.
15. Limitation of Liability
In no event will Biya entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses) arising out of or relating to your access to or use of, or your inability to access or use, the service or any materials or content on the service, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, whether or not Biya entities have been informed of the possibility of such damage.
Under no circumstances shall Biya be liable to you or any other third party for any decision made or action taken by you in reliance on the content contained within the Biya service.
16. Governing Law
These Terms shall be governed by the laws of Nigeria without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and us agree to submit to the personal and exclusive jurisdiction of Lagos State courts and federal courts located within Lagos State as the case may be for the purpose of litigating all such disputes.
In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.
19. Dispute Resolution and Arbitration
19.1 Generally. In the interest of resolving disputes between you and Biya in the most expedient and cost effective manner, you and Biya agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration, using the Lagos State Multi-Door Court House. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BIYA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ADDITION TO OTHER RESTRICTIONS AND LIMITS OF LIABILITY CONTAINED WITHIN THESE TERMS.
19.2 Exceptions. Notwithstanding subsection 19.1, we and you both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) seek injunctive relief in a court of law, or (ii) to file suit in a court of law to address intellectual property infringement claims.Date last revised: 8th August, 2017 Version: BOF1