Introduction

Welcome to giganticlistings.com (the “Site”), owned and operated by Optium Investment. By accessing giganticlistings.com you agree to the following Terms of Use. These Terms of Use are effective as of July 1, 2022.

Using giganticlistings.com

You accept giganticlistings.com “as-is” and “as available” basis, and choose to use it at your own risk, and the company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Despite the prohibitions below, giganticlistings.com may contain inaccurate, inappropriate or possibly offensive material, and we assume no responsibility or liability for such material.We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free
of viruses or other harmful code, complete, legal, or safe.  If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.  Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Abusing giganticlistings.com

We may limit or terminate our service, remove hosted content and take technical and legal steps to keep users off giganticlistings.com if we think they are creating problems or acting inconsistently with the letter or spirit of our policies. Please report problems, offensive content and policy violations by emailing us at info@giganticlistings.com.

Limitation on Liability

To the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of giganticlistings.com even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to fifty pula (BWP 50).

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, 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 this Agreement, or your violation of any law or the rights of a third party.

Personal Information

By using giganticlistings.com, you agree to the collection, transfer, storage and use of your personal information by Optium Investment (Pty) Ltd on servers located in the cloud, as further described in our privacy policy.

Cookies and Web Beacons

Just Like any other website, giganticlistings uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.

Term and Termination

Subject to this Section, these Terms will remain in full force and effect while you use the Site.  We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms.  Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately.  You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases.  Company will not have any liability whatsoever to you for any termination of your rights under these Terms. 

Copyright Policy

The company respects the intellectual property of others and asks that users of our Site do the same.  In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights.  If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated Copyright Agent:

  • your physical or electronic signature;
  • identification of the copyrighted work(s) that you claim to have been infringed;
  • identification of the material on our services that you claim is infringing and that you request us to remove;
  • sufficient information to permit us to locate such material;
  • your address, telephone number, and e-mail address;
  • a statement that you have a good faith belief that the use of the
    objectionable material is not authorized by the copyright owner, its
    agent, or under the law; and
  • a statement that the information in the notification is accurate,
    and under penalty of perjury, that you are either the owner of the
    copyright that has allegedly been infringed or that you are authorized
    to act on behalf of the copyright owner.

General

These terms and the other policies posted on giganticlistings.com constitute the entire agreement between giganticlistings.com and you, superseding any conflicting parts of any prior agreements. This agreement is governed by the laws of Botswana as they apply to agreements entered into without regard to conflict of law provisions. You agree that any claim or dispute you may have against Gigantic Listings must be resolved by a court located in Gaborone, Botswana. If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for reporting policy violations and intellectual property infringements, any legal notices from you to us shall be served on Optium Investment’s national registered agent. We will send notices to you via the email address that you provide, or by registered mail to the address you provide. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update these terms at any time, with updates taking effect 30 days after they are initially posted on the Site. No other amendment to these terms will be effective unless made in writing, signed by users and by us.

Entire Terms

These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Company may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon assignees.

Your Privacy

Please read our Privacy Policy.

Copyright/Trademark Information

Copyright ©. All rights reserved.  All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Create Store

All our users/customers can create their own stores.

Contact Information

Address: Gaborone, Botswana

Email: info@giganticlistings.com