We hope you find it useful accessing our servers, websites, or content therein (together, “Swift9ja”). You agree to these Terms And Conditions (“TAC”), last updated December 1st, 2018.
If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable license to access Swift9ja.
Unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from Swift9ja, excluding content you create and sharing with friends/family.
You grant us a perpetual, irrevocable, unlimited, worldwide, license to use, copy, perform, display, distribute, and make derivative works from content you post.
You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us). Not services that interact or inter-operate with Swift9ja, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use.
Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email.
You agree not to collect users’ personal and/or contact information (“PI”).
You agree we may moderate Swift9ja access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination.
- Not to bypass said moderation
- We are not liable for moderating, not moderating, or representations as to moderating.
- Nothing we say or do waives our right to moderate, or not. All site rules, e.g. Our Prohibitions, are incorporated herein.
You authorize us to charge your account for Swift9ja fees. Unless noted, fees are in Nigerian Naira (NGN); tax is additional. To the extent permitted by law, fees are non refundable, even for posts we remove. We may refuse purchases, which may place a hold on your account.
MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law:
- We make no promise as to Swift9ja, its completeness, accuracy, availability, timeliness, propriety, security or reliability.
- Your access and use are at your own risk, and Swift9ja is provided “AS IS” and “AS AVAILABLE”
- We are not liable for any harm resulting from:
- User content
- User conduct, e.g. illegal conduct.
- Your Swift9ja use; or
- Our representations.
- WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“Swift9ja ENTITIES”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANT-ABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- Swift9ja ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL)
- IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED ₦20,000 OR WHAT YOU PAID US IN THE PAST SIX MONTHS.
You agree that:
- Any claim, cause of action or dispute (“Claim”) arising out of or related to the TAC or your Swift9ja use is governed by Nigerian Law regardless of your location or any conflict or choice of law principle.
- Claims must be resolved exclusively by state or federal courts in Nigeria, (except we may seek conjunctive remedy anywhere).
- To submit to personal jurisdiction of said courts.
- Any Claim must be filed by 1 month after it arose or be forever barred.
- Not to bring or take part in a class action against Swift9ja Entities.
- (except government agencies) to indemnify Swift9ja Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your Swift9ja use.
- You are liable for TAC breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network).
- To pay us for breaching or inducing others to breach the “USE” section, not as a penalty, but as a reasonable estimate of our damages. Actual damages are often hard to calculate: ₦35 per server request, ₦350 per post, email, flag, or account created, ₦350 per item of PI collected, and ₦35,000 per software distribution, capped at ₦72,000 per day.
Users complying with prior written licenses may access Swift9ja thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us.