Phygits Terms of Agreement
Our mission is to connect the world’s Retail professionals & Service Providers to allow them to be more productive and successful. Our services are designed to promote economic opportunity for our members by enabling you and millions of other Retail professionals to meet, exchange ideas, learn, and find opportunities or employees, work, and make decisions in a network of trusted relationships.
1. You may use the Services only if you agree to form a binding contract with Phygits and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 18 years old, to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
2. You will only have one Phygits account, which must be in your real name. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.
You agree that by clicking “Join Now”, “Join Phygits”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Phygits (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
Members and Visitors
When you register (Only on invitation) and join the Phygits Service you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at phygits.com, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
Notices and Messages
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Please review your settings to control & limit messages you receive from us.
Our Services allow messaging and sharing of information in many ways, such as your profile, links to news articles, In Mails and blogs. Information and content that you share or post may be seen by other Members, Visitors or others (including off of the Services). Where we have made settings available, we will honor the choices you make about who can see content or information We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
Rights and Limits
Your License to Phygits
As between you and Phygits, you own the content and information that you submit or post to the Services, and you are only granting Phygits and our affiliates the following non-exclusive license:
You give right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
3. We will get your consent if we want to give others the right to publish your content beyond the Services. However, if you choose to share your post as “public”, we will enable a feature that allows other Members to embed that public post onto third-party services, and we enable search engines to make that public content findable though their services.
4. While we may edit and make format changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
5. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Common Licence.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. Phygits may be required by law to remove certain information or content in certain countries.
Service Availability, Other Content
We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.
Phygits reserves the right to restrict, suspend, or terminate your account if Phygits believes that you may be in breach of this Contract or law or are misusing the Services.
Intellectual Property Rights
Phygits reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Phygits trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of Phygits.
Disclaimer and Limit of Liability
Exclusion of Liability
To the extent permitted under Law ( And unless PHYGITS has entered into a separate written agreement that overrides this contract), PHYGITS and its affiliated shall not be liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits, or revenues, related to your services.
Both you and PHYGITS may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don’t act to enforce a breach of this Contract, that does not mean that Phygits has waived its right to enforce this Contract. You may not assign or transfer this Contract to anyone without our consent. However, you agree that Phygits may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.