Terms of Use of Pasiparo.com,Pasiparo.com.ng, Pasiparo.ng site

If you browse orotherwise access any content or data on the pasiparo.com website where thisTerms and Condition appears in the footer, and to any pasiparo.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 withoutRegistered account, regardless of how you access or use it, including throughmobile devices you are accepting the terms of this Terms of Conditions and anyapplicable posted guidelines for the Service.

These Terms ofConditions shall be a legally binding agreement between the User andAdministrator, which subject is a provision of access to use of the Resource andto its functionality to the User. Among these Terms of Conditions, theagreement between the User and the Administrator comprises also all specificdocuments, 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 totime.

Administrator reserve the right to changeTerms and Condition at any time by publishing the new Terms and Conditions onthe Resource. By continuing to use the Service you are indicating youracceptance to be bound by the amended Terms and Conditions.

"Administrator""we" or "us" -Local Content Administrator or other entity that exercise control over theLocal Content Administrator, which renders the Services to the Users.

"Local ContentAdministrator" — Pasiparo.comDONOPA NIGERIA LIMITED, an entityincorporated under the laws of Nigeria.

"User""you""your" –means any natural person eligible to conclude an agreement under the applicablelaw with Administrator and using any of Services with or without a Registeredaccount. The Users may also act on behalf of the company that provides goodsand services and intends to post announcements to the Resource. In this case,Users shall be empowered for such representation in a written form.

"Registerentry/account" — an electronic User area within functional system of theResource, with a help of which he/she is able to manage his/her announcementson the Resource.

1. General provisions

1.1. For the registration of an account, youshall provide necessary veridical and current information for the purpose ofgeneration of a User account, which includes User’s unique login (emailaddress), and a Resource password, as well as his/her surname and name.Resource Registration Form may require the User to provide more detailedinformation.

1.2. The resource is a bartering marketplacethat allows users to offer, trade by barter, exchange goods for goods, sell byposting an announcement and buy just about anything in a variety of exchange, pricingformats and locations. The actual contract for sale is directly between Users.In such a manner the Administrator is not a party of the transaction, but itonly provides a communication trade and bartering platform for the posting ofannouncements. We also have no control over and do not guarantee the existence,quality, safety or legality of items advertised; the truth or accuracy ofusers' content or listings; the ability of sellers to sell or barter items; theability of buyers to pay for or barter items; or that a buyer or seller willactually complete a transaction or return an item.

1.3. Administrator does not pursue actionsfocused on checking of materials posted by Users and expressly disclaims allresponsibilities in relation to materials posted by Users.

1.4. Administrator prevents infringement ofcopyright and intellectual property right infringement in the course of usingof the Resource and can delete any User material, which infringes intellectualproperty rights, at its own discretion without prior notice. We also mayterminate Users’ access to the Resource, in the event that such Usersrepeatedly infringe rights or commit any actions in contrast to these Terms andConditions.

1.5. We may set limits of active announcementsfor appropriate columns. The Resource Administrator can render additionalservices of increasing of a column limit by means of sales of an announcementspackage.

1.6. The fees we charge for using our Servicesare listed on the Resource.

2. Using Resource

2.1. Using the Resource, the User shall:

·        2.1.1. provide veridical, complete and current data duringregistration, ensure them being updated;

·        2.1.2. The User shall immediately change data for accessing tothe Resource, if he/she has a suspicion that his/her email address and passwordused for entering to the Resource were disclosed or probably used by the thirdparties.

·        2.1.3. notify the Administrator of unauthorized access to thepersonal account and/or of unauthorized access to and/or use of User’s loginand password;

·        2.1.4. prevent other Users’ getting access to the personalaccount or any specific information contained on it, if this can lead toviolation of the laws of Nigeria and/or these Terms and Conditions;

·        2.1.5. avoid posting of information and objects (includingreferences hereto) to the Resource, which can infringe other persons’ rightsand interests;

·        2.1.6. avoid posting of information and objects (includingreferences hereto) to the Resource prohibited by these Terms and Conditions andby applicable law.

2.2. Using the Resource, the User shall not:

·        2.2.1. log in as a User on behalf or instead of another person(“false account”). However, the User can log in for and on behalf of otherindividual or legal entity subject to receipt of necessary well-documentedauthorities

·        2.2.2. confuse User concerning his/her personality using loginand password of any other registered User;

·        2.2.3. illegally download, store, post, distribute or provideaccess to or in any other way use the intellectual property of Users and thethird parties;

·        2.2.4. perform bulk mailing to the addresses of other ResourceUsers without their consents;

·        2.2.5. use software and pursue any other actions aimed tointerference with the normal operation of the Resource or Users personal areas;

·        2.2.6. download, store, post, distribute and provide access to,or in any other way use viruses, li> and other malware;

·        2.2.7. 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 loginand password;

·        2.2.8. perform illegal collection and processing of otherindividuals’ personal data

·        2.2.9. use the Resource otherwise but as provided herein, exceptwhen such actions were directly permitted to the User pursuant to a separateagreement with the Administrator;

·        2.2.10. reproduce, duplicate, copy, sell, carry out tradetransactions and resell access to using of the Resource for any purposes,except when such actions were directly permitted to the User pursuant to aseparate agreement with the Administrator;

·        2.2.11. post any other information, which is undesirable,disagrees with the purposes of creation of the Resource, encroaches Users’interests or otherwise presents itself as undesirable for being posted to theResource;

2.3. Each User shall warrant and acknowledge that:

·        2.3.1. he/she undertakes full responsibility for obtaining allnecessary permits in relation to any User Content, which he/she represents,downloads, or displays;

·        2.3.2. any User content represented, downloaded or displayed byhim/her does not infringe any copyrights, patents, rights for trademarks, firmnames, commercial secrets or any other personal or proprietary rights of anythird party ("Third party rights"); and

·        2.3.3. he/she is entitled and authorized for sale, trade, distributionor export, or for an offer for sale, trade, distribution or export of productsand services described in User content, and such sale, trade, distribution orexport, or offer does not infringe any Third party rights.

3. Posting of announcements by the User

3.1. The administrator may request User toprovide the documents confirming the legitimacy of posting of announcements inrelation to goods and services.

3.2. The User, who posts announcements withregard to the sale of goods and services to the Resource, shall placeinformation about them in accordance with these Terms and Conditions andprovide precise and complete information about the goods and services, as wellas about the terms and conditions of sale of them. When the User places informationabout goods or services, he/she hereby confirms being legally authorized tosell these goods or render such services pursuant to laws of states, in whichthey are sold, as well as that he/she has obtained all necessary approvals.

3.3. The User warrants that goods/serviceshe/she offers correspond with quality norms established by the legislation ofstates, in which they are sold, and are free of the third parties’ claims.

3.4. The User warrants that goods/serviceshe/she offers provided that any special permits are needed for sale orrendering of them will be sold/rendered in accordance with the requirements ofstates, which special authorities will be empowered to supervise such User’sactivity.

3.5. The User shall thoroughly check allinformation about goods and services posted by him/her to the Resource, and, incase of any incorrect information detected, add necessary data in thedescription of goods or services. If no possibility exists to do so, the Usershall adjust incorrect information by having annulled the announcement andposted information about goods or services again.

3.6. Delivery conditions should be included ina goods description, and services terms and conditions should form a part ofthe service description. Goods sale and service terms and conditions developedby the User shall not interfere with these Terms and Conditions and theapplicable legislation of states, for which they are sold.

3.7. Price of goods or services shall beexact. If it is perceived to be changed due to any specific circumstances, theterms and conditions of price change shall be provided in an announcement.

3.8. The User is not allowed to post ordistribute:

·        - false, misleading or deceitful information;

·        - disreputable, defamatory, threatening or harassing, improper,unacceptable information;

·        - discriminative information, or information that facilitatesdiscrimination on the basis of race, sex, religion, nationality, invalidity,sexual orientation or age;

·        - information which violates these Rules;

·        - information which violates applicable laws and regulations(including, without limitation, those regulating export control, consumerprotection, unfair competition or false advertising, intellectual propertyrights);

·        - direct or indirect references to any other web sites, whichcomprise any content being able to violate these Rules;

·        - vulgar abusive language;

·        - advocacy of hate, violence, discrimination, racism,xenophobia, ethnic conflicts;

·        - appeals to violence and unlawful actions;

·        - data infringing personal (non-proprietary) rights andintellectual property rights of the third parties;

·        - information that facilitates fraud, deception or breach offaith;

·        - information leading to transactions with stolen or counterfeitobjects;

·        - information violating or encroaching on the third party’sproperty, commercial secret or right to privacy;

·        - personal or identifying information about other personswithout their express consent;

·        - information comprising data which may encroach on privacyright, abuse anybody’s honor, merit or business reputation;

·        - information comprising slander or threats directed againstwhosoever;

·        - information of pornographic nature;

·        - information which may inflict damage to under-ages;

·        - information leading to transactions with any equipment whichmay hinder network interoperability;

·        - false or misleading information;

·        - viruses or any other techniques being able to damage theResource, Administrator or other Users;

·        - information about services deemed to be immoral, such asprostitution or other forms contradicting moral or legal norms;

·        - references or information about websites competing with theResource services;

·        - information representing “spam”, “chain letters”, “pyramidsschemes” or undesirable or deceitful commercial advertising;

·        - information distributed by information agencies;

·        - information offering to earn over the Internet withoutemployer’s actual address or direct contacts indicated;

·        - information of multistage and network marketing or any otheractivity, which requires recruiting of other members, subagents,sub-distributors, etc.;

·        - information of solely promotional nature with no offers ofspecific goods or services;

·        - information or announcements about counterfeit and imitatedgoods or unauthorized copies. Unauthorized copies include also goods havingbeen acquired by illegal means, pirated or stolen. Such goods may infringeintellectual property rights, and trademark rights as well;

·        - information or announcements on sale being able otherwise toviolate legislation of the state, which this announcement is intended for.

4. Intellectual property rights

4.1. If User posts legally owned content tothe Resource, he/she hereby grants to other users and the Administratornon-exclusive rights for its use solely in the scope of functionality providedby the Resource, except when such use damages or may damage legally protectedright holder’s interests.

4.2. The User also grants to the Administratora non-exclusive right to use content, which is located on the Resource andlegally owned by him/her, without compensation so that the Administrator wouldbe able to ensure operation of the Resource to the extent determined by itsfunctionality and architecture. The abovementioned non-exclusive right isprovided for the period of posting of content to the Resource covering allstates over the world. The Administrator is entitled to assign rights describedin this clause to the third parties.

4.3. Any use of the Resource or any content onthe Resource, except that permitted by these Terms and Conditions or in theevent of express right holder’s consent to such use, without the prior writtenconsent of a right holder is strictly prohibited.

4.4. Responsibility for violation of exclusiverights. The User shall be solely responsible for any content or otherinformation, which he/she downloads or in any other way make publicly available(posts) on the Resource, or by its means. The User shall not download, distributeor post content to the Resource if he/she is not properly entitled to suchactivity. In case of infringement of rights being detected, the rules of filingof notification on the infringement of rights stipulated herein shall be used.

4.5. The Administrator may, but not shall,review the Resource for a presence of any prohibited content and may delete ordisplace (without notice) any content at its discretion, for any reason orwithout it, including but not limited to deletion or displacement of contentwhich violates these Terms and Conditions, laws and/or may infringe rights,inflict damages or endanger safety of other Users or the third parties.

4.6. Materials on theResource, except those posted by the User, including but not limited to texts,software, scripts, graphics, photos, sounds, music, videos, interactivefunctions, etc. ("Materials") and trademarks, service marksand logos included in it ("Marks") belong to the Administratorrepresenting items of copyright and of any other intellectual property rights.Unauthorized use of such Materials and Marks without prior notice of theAdministrator is not allowed.

5. Notice for Claims of Intellectual PropertyViolations and Copyright Infringement

5.1. If you are a holder of intellectualproperty rights or a person authorized to act in the name of a holder ofintellectual property rights and you reasonably believe that information whichis posted to the Resource someway infringes your intellectual property rightsor intellectual property rights of a person, in which name you act, you mayprovide notification to the Administrator requiring to delete such material. Inthis regard, you shall warrant that your appeal has a legal basis, and you actin good faith according to law.

5.2. Providing relevant notificationconcerning infringement of rights you shall ensure that your requestcorresponds to the form below and includes the following:

·        - an appeal should include a physical or electronic signature ofa person empowered for acting in the name of a holder of an exclusive right,which is believed to be infringed;

·        - the items of intellectual property right, rights on which weresupposedly infringed, shall be specified. If several items exist, the entirelist of such items shall be provided;

·        - you shall specify materials (with an indication of specificURL-pages), which are stated to infringe rights or themselves are the objectsof infringement;

·        - you shall provide contact information so that theAdministrator would be able to contact you, for example, address, phone number,and email address;

·        - signed the application with regard to your faithful andreasonable belief in that material being the objects of complaint concerninginfringement of intellectual property rights are used without a right holder’sor it's representative’s consent, and also that this is not allowed by law;

·        - signed the application with regard to that a holder ofintellectual property rights releases the Administrator from any third parties'claims related to deletion of relevant materials by the Administrator;

·        - signed the application with regard to that informationcontained in a notification is accurate under penalty of perjury, and you areauthorized to act in the name of a holder of an exclusive right, which has beensupposedly infringed;

·        - statutory regulations indicated which you believe to beviolated in connection to using of disputable content;

·        - state indicated, in which territory you believe the rights tobe infringed;

·        - copies of documents establishing rights for an object ofintellectual property right, which is subject to security, as well as adocument that confirms powers for acting in the holder’s name, in attachmentsto your appeal.

·        - relevant notification shall be sent to email support@pasiparo.com

6. Antispam policy

These Rules strictly prohibit mailing out ofundesirable advertisements via email, or of any other undesirable messages, orby means of the Resource. The administrator may periodically control lettersdelivery within the Resource for spam mailouts.

7. Limitation of liability



7.3. Any data downloaded or in any other wayacquired by means of the Resource are created at each User’s discretion, andeach User shall be fully responsible for any damages inflicted to the computersystem or loss of data, which may arise as a result of downloading of any suchdata.

7.4. The Administrator and affiliated partiesshall bear no responsibility for materials posted by the Users, as well as forgoods and services offered by the User for trade. The Administrator disclaimsall warranties regarding that quality of goods and services acquired by meansof the Resource will be consistent with a buyer’s expectations and/or demands.The Administrator makes no warranties about that goods, services or informationordered by means of the Resource will be provided by the Resource User inaccordance with a buyer’s expectations.

8. Indemnity

8.1. Each User agrees to be obliged toindemnify the Administrator, affiliated parties, directors, officials andemployees from any and all losses, claims, liabilities (as well as from legalcosts to the fullest extent), which may arise following Users’ use of theResource, as a result of violation of any condition of the Terms andConditions, or violation of representations and warranties made by him/hertowards the Administrator.

8.2. Each User hereby agrees to indemnify theAdministrator, affiliated parties, directors, officials and employees from anyand all losses, claims, liabilities, which may arise, whether directly orindirectly, as a result of any claims, made by holders/claimants of the Thirdparties or other parties’ rights, related to the goods and services offered ordisplayed on the Resource. Each User hereby acknowledges that the Administratorshall have no liabilities or responsibilities against you with regard to anydata 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.

8.3. The Administrator shall not beresponsible for any expressed or implicit, penalty, accidental or consequentiallosses or damage of whatsoever nature (including, but not limited to, lossesrelated to loss of profit or saving, termination of business, loss ofinformation, loss of benefit), incurred as a result of transactions,negligence, delinquency, or in any other way, or any other losses related tothe following actions:

·        - use or impossibility of use of the Resource;

·        - in case of any defects of goods, patterns, data, informationor services purchased of otherwise acquired from the User or by any other partyby means of the Resource;

·        - infringement of the third-party's rights or claims, orrequirements for production, import, export, distribution, offer, display,acquisition, sale and/or use of User’s products or services, offered ordisplayed on the Resource, which may infringe or may be purported as infringingthe third parties’ rights; or a claim of any party related to rightsprotection;

·        - unauthorized third parties’ access to any User’s data orpersonal information;

·        - applications or actions of any Resource User; or

·        - other actions related to use of Resource and arising bynegligence, as well.

9. Enforcement

9.1. The Administrator reserves a right todelete or block access to information posted by User without notice in theevent of:

·        - receiving of mandatory judgments of competent publicauthorities;

·        - claim of a holder of intellectual property rights to terminateinfringement of his/her rights by a user on the Resource; other infringementsof rights or legal interests of other Resource Users, of legal entities orindividuals upon their reasonable appeal;

·        - detecting information, which posting to the Resource isprohibited under these Rules.

9.2. The Administrator shall be entitled toblock access to the information posted by users to the Resource at its solediscretion having provided a user with relevant substantiation.

10. Users and organizations interaction

10.1. The Administrator disclaims anyresponsibility for User’s interaction with any organizations and/or persons inthe course of using of the Resource. This includes, but not limited to,payments for and delivery of goods and services, as well as any otherinteraction in relation to other organizations and/or individuals. Transactionsare concluded only between Users and such organizations and/or individuals. TheAdministrator disclaims responsibility for such interactions or other lossesincurred following such relations or interactions. If any dispute arisesbetween you and one or several other users, you shall indemnify theAdministrator, its officials, employees, agents and successors from any and allclaims, requirements and losses (whether direct or indirect) of whatsoever kindor nature, which arise or relate to such disputes and /or goods and services.

11. Mandatory Arbitration.

11.1. Please read this Section carefully. YOUAND 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 CLAIMSCOURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FORBELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS TERMS ANDCONDITIONS OR THE SERVICE, UNLESS YOU ARE LOCATED IN A JURISDICTION THATPROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION. Arbitrationis more informal than a lawsuit in court. Arbitration uses a neutral arbitratorinstead 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 samedamages and relief that a court can award. Please visit www.adr.org for moreinformation about arbitration.

11.2. Commencing Arbitration. A partyintending to seek arbitration must first send to the other, by an internationalcourier with a tracking mechanism, a written notice of intent to arbitrate (a“Notice”), or, in the absence of a mailing address provided by you toAdministrator, via any other method available to Administrator, including viae-mail. The Notice to Administrator must be addressed to PASIPARO.COMDONOPANIGERIA LIMITED (28, Diamond Olokodana Street, CPI, Gberigbe Ikorodu, Nigeria),Attn: Chief Executive Officer (the "Arbitration Notice Address"). TheNotice must (i) describe the nature and basis of the claim or dispute; and (ii)set forth the specific relief sought (the "Demand"). If you andAdministrator do not reach an agreement to resolve the claim within 30 daysafter the Notice is received, then you or Administrator may commence anarbitration proceeding as set forth below or file a claim in small claimscourt. THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL ADMINISTERTHE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THESUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "Rules"),AS MODIFIED BY THIS TERMS AND CONDITIONS. The Rules and AAA forms are availableonline at http://www.adr.org. If you are required to pay a filing fee tocommence an arbitration against Administrator, then Administrator will promptlyreimburse you for your confirmed payment of the filing fee upon Administrator'sreceipt of a Notice at the Arbitration Notice Address that you have commencedarbitration along with a receipt evidencing payment of the filing fee, unlessyour Demand is equal to or greater than $1,000 or was filed in bad faith, inwhich case you are solely responsible for the payment of the filing fee.

11.3. Arbitration Proceeding. The arbitrationwill be in English. A single independent and impartial arbitrator with his orher primary place of business in Alexandria, Virginia will be appointedpursuant to the Rules, as modified herein. You and Administrator agree tocomply with the following rules, which are intended to streamline the disputeresolution process and reduce the costs and burdens on the parties: (i) thearbitration will be conducted online and/or be solely based on writtensubmissions, the specific manner to be chosen by the party initiating thearbitration; (ii) the arbitration will not require any personal appearance bythe parties or witnesses unless otherwise mutually agreed in writing by theparties; and (iii) any judgment on the award the arbitrator renders may beentered in any court of competent jurisdiction.


11.5. The decision of the Arbitrator. Barringextraordinary circumstances, the arbitrator will issue his or her decisionwithin 120 days from the date the arbitrator is appointed. The arbitrator mayextend this time limit for an additional 30 days in the interests of justice.All arbitration proceedings will be closed to the public and confidential, andall records relating thereto will be permanently sealed, except as necessary toobtain court confirmation of the arbitration award. The award of the arbitratorwill be in writing and will include a statement setting forth the reasons forthe disposition of any claim. The arbitrator will apply the laws of the Stateof California in conducting the arbitration. You acknowledge that these termsand your use of the Service evidence a transaction involving interstatecommerce. The United States Federal Arbitration Act will govern theinterpretation, enforcement, and proceedings pursuant to this Section 11.

11.6. Equitable Relief. The foregoingprovisions of this Section 11 do not apply to any claim in which either partyseeks equitable relief to protect such party’s copyrights, trademarks, orpatents. For the avoidance of doubt, however, you acknowledge that, in theevent Administrator or a third party breaches this Terms and Conditions, thedamage or harm, if any, caused to you will not entitle you to seek injunctive orother equitable relief against Administrator, and your only remedy will be formonetary damages, subject to the limitations of liability set forth in thisTerms and Conditions.

11.7. Claims. You and Administrator agree thatnotwithstanding any other rights a party may have under law or equity, anycause of action arising out of or related to this Terms and Conditions or theService, excluding a claim for indemnification, must commence within one yearafter the cause of action accrues. Otherwise, such cause of action ispermanently barred.

11.8. Improperly Filed Claims. All claims youbring against Administrator must be resolved in accordance with this Section.All claims filed or brought contrary to this Section will be consideredimproperly filed. Should you file a claim contrary to this Section,Administrator may recover attorneys' fees and reimbursement of its costsprovided that Administrator has notified you in writing of the improperly filedclaim, and you have failed to promptly withdraw the claim.

11.9. Modifications. In the event thatAdministrator makes any future change to the "Mandatory Arbitration"paragraph set forth above (other than a change to Administrator's ArbitrationNotice Address), you may reject any such change by sending us written noticewithin thirty (30) days of the change to Administrator's Arbitration NoticeAddress, in which case your account with Administrator and your license to usethe Service will terminate immediately, and this Section, as in effectimmediately prior to the amendments you reject, will survive the termination ofthis Terms and Conditions.

12. Miscellanies

12.1. Except as otherwise provided, if anyprovision of this Terms and Conditions is held to be invalid, void or for anyreason unenforceable, such provision shall be struck out and shall not affectthe validity and enforceability of the remaining provisions. In our solediscretion, we may assign this Terms and Conditions, and in such event, we willpost a notice on pasiparo.com

12.2. Our failure to act with respect to abreach by you or others does not waive our right to act with respect tosubsequent or similar breaches. We do not guarantee we will take action againstall breaches of this Terms and Conditions.

12.3. The policies posted on our sites may bechanged from time to time. Changes take effect when we post them on theResource.