Pigeonhire Terms and Conditions
Last updated on August 31, 2021
This website is operated by EARonDemand. Throughout the site, the terms “we”, “us” and “our” refer to EARonDemand. EARonDemand offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or using Pigeonhire.com, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, promoters, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING
When you sign up for an account and agree to these Terms, the Agreement between you and Pigeonhire is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a Pigeonhire account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You agree, undertake and confirm that your use of pigeonhire.com shall be strictly governed by the following binding principles: You shall not host, display, upload, modify, publish, transmit, update or share any information that:
1. Belongs to another person and to which you do not have any right
2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" or misleading in any way.
3. Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
4. Harasses or advocates harassment of another person;
5. Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or spam, phish, pharm, pretext, spider, crawl, or scrape;
6. Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
7. Infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
8. Promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
10. Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
11. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;(l) Contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
12. Contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
13. Tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
14. Solicits gambling or engages in any gambling activity which pigeonhire, in its sole discretion, believes is or could be construed as being illegal;
15. Interferes with another user's use and enjoyment of pigeonhire.com Website or any other individual's user and enjoyment of similar services;
17. Harm minors in any way;
18. Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
19. Violates any law for the time being in force;
20. Deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
21. Impersonate another person;
22. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
23. Threatens the unity, integrity, defence, security or sovereignty of The Federal Republic of Nigeria, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
24. Shall not be false, inaccurate or misleading;
25. Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
26. Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
27. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Pigeonhire reserves the right to bar any such activity.
28. You shall not attempt to gain unauthorized access to any portion or feature of pigeonhire.com website, or any other systems or networks connected to pigeonhire.com Website or to any pigeonhire’s server, computer, network, or to any of the services offered on or through pigeonhire.com Website, by hacking, password “mining” or any other illegitimate means.
29. You shall not probe, scan or test the vulnerability of pigeonhire.com website or any network connected to the pigeonhire.com website nor breach the security or authentication measures on pigeonhire.com website or any network connected to pigeonhire.com. You may not reverse lookup, trace or seek to trace any information on any other user of or visitor to pigeonhire.com Website, or any other customer of pigeonhire.com, including any pigeonhire.com account not owned by you, to its source, or exploit pigeonhire.com Website or any service or information made available or offered by or through pigeonhire.com Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by pigeonhire.com Website.
30. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to pigeonhire.com Website, or any other customer of pigeonhire.com, including any pigeonhire.com account not owned by you, to its source, or exploit pigeonhire.com Website or any service or information made available or offered by or through pigeonhire.com Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by pigeonhire.com Website.
31. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of pigeonhire.com Website or pigeonhire’s systems or networks, or any systems or networks connected to pigeonhire.com.
32. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
33. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to pigeonhire.com on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
35. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
37. You understand that pigeonhire has the right at all times to disclose any information (including the identity of the persons providing information or materials on the pigeonhire.com Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
Pigeonhire reserves the right, but has no obligation, to monitor the materials posted on pigeonhire.com website. Pigeonhire shall have the right to remove or edit any A breach or violation of any of the Terms will result in an immediate termination of your Services.
YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PIGEONHIRE.COM WEBSITE AND IN YOUR PRIVATE MESSAGES.
Please be advised that such Content posted does not necessarily reflect the views of pigeonhire.com. In no event shall pigeonhire assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on pigeonhire.com. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through pigeonhire.com, including payment and delivery of related services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Pigeonhire shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on pigeonhire.com. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on pigeonhire.com and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of pigeonhire.com, and that the recipient may use such information to harass or injure you. Pigeonhire does not approve of such unauthorized uses but by using the pigeonhire.com Website you acknowledge and agree that pigeonhire will not be responsible for the use of any personal information that you publicly disclose or share with others on pigeonhire.com. Carefully select the type of information that you publicly disclose or share with others on pigeonhire.com.
CONTENTS POSTED ON SITE
All text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music, artwork and computer code (collectively,
“Content”), including but not limited to the design, structure, selection,
coordination, expression, “look and feel” and arrangement of such Content,
contained on pigeonhire.com is owned, controlled or licensed by or to
EARonDemand, and is protected by copyright, patent and trademark laws, and
various other intellectual property rights and unfair competition laws
1. do not remove any proprietary notice language in all copies of such documents,
2. use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
3. make no modifications to any such information, and
4. not make any additional representations or warranties relating to such documents.
You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, "Content").
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
If pigeonhire.com comes across any difference in pricing resulting from typographic errors with regards to pricing or service information, pigeonhire.com shall have the right to rectify the same or cancel the ad(s) and refund monies, if any, collected from the customer within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
BILLING AND ACCOUNT INFORMATION
All charges payable by you for the pigeonhire.com Services shall be in accordance with the scale of charges and rates published from time to time by us on our website, errors and omissions excepted, and shall be due and payable in advance of provision of the pigeonhire.com Services. You agree that, except where otherwise specified in these terms, these fees are not refundable on any basis.
We reserve the right to alter pricing, including ceasing to offer elements of the pigeonhire.com Services. Pigeonhire.com may notify you by email if the charge for a service is to be altered. You can then decide if you want to continue to use such a service. Your continued use of the service after the proposed fee modification has been notified will be considered acceptance of the proposed fee modification.
All fees for our services are due in advance. All fees paid to us are non refundable except in circumstances set out in these Terms.
You agree not to issue a chargeback via your bank in relation to any fees charged by us. If you do so you accept that you will be liable for our costs in dealing with the chargeback and recovering any fees properly due to us under the Terms.
While availing any of the payment method(s) offered at pigeonhire.com, pigeonhire will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by you and between your "Bank/s", or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason.
The Wallet ("Wallet") is a pre-paid payment instrument which is associated with your pigeonhire.com account/coins i.e. Pigeonhire’s online currency. You can maintain a balance of money with pigeonhire.com and redeem it at your convenience.
Pigeonhire does not take responsibility or liability for the actions, products, content and services on pigeonhire.com website, which are linked to Affiliates and / or third party websites using pigeonhire.com APIs or otherwise. In addition, pigeonhire.com may provide links to the third party websites of affiliated companies and certain other businesses for which, pigeonhire assumes no responsibility for examining or evaluating the products and services offered by them, and pigeonhire does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Pigeonhire.com does not in any way endorse any third party website(s) or content thereof.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
You agree to indemnify, defend and hold harmless Pigeonhire.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
TRADEMARK, COPYRIGHT AND RESTRICTIONS
This site is controlled and operated by EARonDemand. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on pigeonhire.com web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so.
Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, noncommercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
We at pigeonhire respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at email@example.com
CANCELLATION OF CAMPAIGN
Pigeonhire.com reserves the right to cancel any advert without any explanation for doing so, under a situation where pigeonhire.com is not able to meet the requirement of the campaign placed or campaign so placed/cancelled does not comply with the pigeonhire.com policy or for any reason. However, pigeonhire.com will ensure that any communication of cancellation of a campaign is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PIGEONHIRE.COM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF PIGEONHIRE.COM HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. PIGEONHIRE’S AGGREGATE LIABILITY TO YOU, ANY INDIVIDUAL OR ANY THIRD PARTY IN ANY MATTER ARISING HEREFROM, RELATED OR CONNECTED TO OUR SERVICES IS AT THE COMPANY’S SOLE DISCRETION.
PROMOTER SERVICE AGREEMENT
In consideration of the mutual covenants set forth in this Agreement, Pigeonhire.com (jointly referred to as “Parties” and individually as a “Party”) hereby agree as follows:
1. Services Rendered
The Publisher agrees to compensate pigeonhire.com for the services rendered listed in section 2 below (“Services”).
2. Delivery of Services
Pigeonhire will use reasonable diligence in rendering the Services offered to the promoter, which include the following:
- Group e-marketing, and other marketing services as available and appropriate;
- Promoter chat mail via firstname.lastname@example.org (Mon – Fri; 08:00 – 18:00)
Pigeonhire may at its sole discretion add or remove Services from the above list from time to time and some of the new services may attract separate charges, in which case the promoter will be informed before provision of the said services.
Pigeonhire reserves the right to alter or vary the available Services, the nature of the Services and any charges at its sole discretion.
The Publisher agrees to use reasonable diligence in providing pigeonhire with genuine Publisher Advertising Assets.
For all of the Services provided by pigeonhire under this Agreement, the Publisher shall compensate pigeonhire, with zero commissions or other payments as required, in accordance with the terms of the ‘Commission Structure’, which will be communicated to all publishers; or agreed in advance between both parties, or detailed elsewhere on the pigeonhire website. Membership on pigeonhire.com is free. Pigeonhire will from time to time review the category commission structure and will notify the Promoters of any changes by communicating directly to promoter, or publishing the same on the promoters portal, or on pigeonhire’s website not less than fourteen (14) days before any variation in commission rate or charging structure takes place.
The Promoter and pigeonhire acknowledge and agree that the scope of work and all other documents and information related to the development of the Services (the “Confidential Information”) will constitute valuable trade secrets of pigeonhire. Promoters shall keep the Confidential Information in confidence and shall not at any time during or after the terms of this agreement, without pigeonhire’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information. Excluded from the “Confidential Information” definition is anything that can be seen by the public.
Pigeonhire shall be deemed as an independent contractor. Pigeonhire will be fully responsible for payment of its own income taxes on any compensation earned under this Agreement. Promoters will not withhold or pay any income tax, social security tax, or any other payroll taxes on pigeonhire’s behalf. Pigeonhire is also not responsible for remitting or paying VAT (Value Added Taxes) on behalf of the Publisher. pigeonhire understands that it will not be entitled to any fringe benefits that Publisher provides for its employees generally or to any statutory employment benefits, including without limitation, worker’s compensation or unemployment insurance.
This Agreement contains the entire agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. Pigeonhire reserves the right to alter these terms and conditions at any point without notice, by updating the content on the pigeonhire website.
The Promoter agrees to indemnify and hold pigeonhire, its employees and associates harmless from any and all claims brought in the performance of the Services. Promoter shall indemnify and hold PIGEONHIRE harmless in respect of any action that may be taken against it, or any claims that may be brought against it, for whatever reason and of whatever nature – including, but not limited to, breach of law, regulation and/or any of the obligations and warranties under this Contract – by any third party in respect of the Contents and/or the Services and/or any and all activities related and connected to the Contents and/or the Services, irrespective of any direct liability of the Promoter (“Third Party Claim”).
LIMITATION OF LIABILITY
Promoters agree to indemnify, defend and hold harmless pigeonhire against and from any third party claims (including reasonable legal or arbitration costs) arising from:
● any breach or default on the part of the publisher of any obligations
● negligent act or omission of publisher; or
● wilful violation of the law, wrong description and price of products advertised; or
● an offence committed by publisher,
● provision of fake, inferior or substandard products that have been sold as genuine;
● provision of used, refurbished or damaged products that has been sold as new or unused;
● Listing and selling services/products that have not been authorized for sale by the appropriate regulatory body;
●Fails to meet the Quality of Service Standards (QoS) as defined in the SellerHQ ratings system (details on request);
● Engages in any activity which would be considered illegal under Nigerian law, or engages in any activity that could be considered as fraudulent or misleading
Term & Termination
Either Party shall have the right to terminate this Agreement for cause immediately and without notice in the event of a breach of the obligation under this Agreement by the other Party. Pigeonhire has the right to evict the Publisher from pigeonhire if any, or a combination, of the following breaches are committed:
- Provides fake, Advertising Asset that have been listed as genuine;
- Lists Advertising Asset that have not been authorized for Advertising by the appropriate regulatory body;
- Engages in any activity which would be considered illegal under Nigerian law, or engages in any activity that could be considered as fraudulent or misleading;
- Engages in any activity that brings pigeonhire, or any of pigeonhire’s partners or other publishers into disrepute.
Pigeonhire reserves the right to alter these rules at any time, and in the event of any changes pigeonhire will inform the publishers by publishing the same on pigeonhire’s website. Pigeonhire will send a formal warning to the Publishers after each incident.
Copyright and Infringement Trademark
Pigeonhire respects all copyright and trademarks of others. As a Publisher on our website you must in turn respect these rights. Pigeonhire will immediately terminate or suspend a seller who infringes another’s trademark or copyright.
The Parties hereby enter into this Agreement as independent contractors, and this Agreement will not be construed to create a partnership, joint venture, or employment relationship between them. Neither Party will represent itself to be an employee of the other or enter into any agreement or legally binding commitment or statement on the other’s behalf or in the other’s name.
Restrictions and Prohibitions
All product advert descriptions must be true, accurate and non-misleading.
- Products advertised by publishers must not be fraudulently obtained or involve the sale of counterfeit or stolen items.
- Publishers must not infringe or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; pigeonhire will in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of publishers who may be infringers.
- Publishers must comply with governing laws, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, anti- discrimination or false advertising).
- Advertising Asset must not be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities.
- No display of images containing pornography is permitted.
- Publishers must not incur liability for pigeonhire and its subcontractors or expose them to undue risk or otherwise engage in activities that pigeonhire, in its sole discretion, determines to be harmful to pigeonhire's affiliates, operations, reputation, or goodwill.
- Publishers must not post or display any materials that exploits or otherwise exploits children under age of 18 years.
- Publishers must not conduct activities such as gambling, sweepstakes, raffles and lotteries.
Pigeonhire is compliant with all the Money Laundering Regulations and all Money Laundering activities are prohibited.
The Parties agree that they shall attach no liability for any inability to carry out any obligations under this Agreement if is attributable to an event of force majeure including but not limited to systems downtime, server failure, civil commotion, strikes or lockouts, war, flood, insurrection and other acts of God PROVIDED however that where an event of force majeure subsists for more than One (1) month the Party affected by such force majeure event shall be deemed to have voluntarily excused itself from the transaction contemplated by this Agreement.
Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria in force from time to time and any disputes arising out of or in connection with this Agreement, shall be settled by both parties taking reasonable steps to amicably resolve any dispute or misunderstanding;
Where the Parties are unable to resolve the dispute amicably within 30 (thirty) days from receipt of a written notification by a Party of the existence of a dispute, the parties shall in good faith settle the dispute by Mediation administered by the Lagos State Multi Door Court House (LMDC), Igbosere Lagos under its procedures. The duration for mediation shall not exceed 6 weeks. Each party shall be responsible for its own mediation expenses.