Terms & Conditions

Thanks for choosing to use the Bongo service (“the service”; “Bongo”). By accessing and using the service you agree with Crowd Mobile IP Pty Ltd, a company duly incorporated in Level 4, 44 Gwynne Street, Cremorne, 3121, Australia (“we”; “us”), to be bound by and abide by the following terms and conditions. Your access to and use of the service is also subject to our Privacy Policy (the link may be found in § 4 I).

Within the Bongo App, you are able to send messages as if you would use an one-off (Premium SMS) service, which is why any time you submit a question or any other kind of statement to the service a legally binding contract between you and us is closed. As a result of the aforesaid, any arising contractual obligations are carried out within a very short time frame and are deemed to be fulfilled upon delivery of the content of Bongo from us to you, which is why a continuing obligation does not exist. Therefore, we may change these Terms and Conditions and our Privacy Policy at any time without prior notice to you.

§ 1 The Bongo Service

I. In supplying the service we assume that you will only use the service for entertainment purposes and that you will not rely on the service to make decisions or act in a way that could affect your own or someone else’s life, wealth or general wellbeing.

II. When you submit a question or any other kind of statement to the service we will use our best endeavours to get a correct answer to you as soon as possible. We will also do our best to ensure that information provided to you is accurate at the time of providing it to you. However, we are not perfect and from time to time we make mistakes. In particular, we rely on other persons to provide us information and the information they supply may be incorrect. Because of this, we do not make any promises about the accuracy of the information we provide to you or how up to date it is.

III. Specifically, with respect to our response to any “who am I” type question or any other kind of statement you accept and understand that:
a. Our answer may indeed be correct and/or accurate, but
b. Frequently our answer is neither correct nor accurate and may in fact be entirely wrong and without any intention on our part, possibly even offensive to you.

IV. So that we can all enjoy the service we need you to abide by some rules. Specifically, you agree:
a. You will not use the service in violation of any applicable law or regulation;
b. You will not use the service for any purpose that would result in, or otherwise be related to, any unlawful activity, or would cause you to defame, or harm any other person or organisation in any way;
c. You will not misrepresent your identity or your contact details; and
d. You are fully authorised to employ the payment mechanism used to pay for the service and by sending a question or any other kind of statement to the service you agree that we will charge you or the respective mobile telephone contract owner a fee that is applicable in your country.
e. That you have bill payer’s information.
f. You are 16 years of age or older, and have bill payer’s permission. (This provision is only applicable in the United Kingdom, Australia and New Zealand)
g. You are 18 years of age or older, and have bill payer’s permission. (This provision is only applicable in Belgium and Cyprus)
h. You confirm that you are aware that any unauthorized use of the original mobile network/telephone contract owner’s contract automatically enters the original mobile network/telephone contract owner into a legally binding contract with us. Between a telecommunications content provider and a telecommunications customer a special trust relationship is anticipated. Within this relationship, we are allowed to assume that a person requesting our service is the original mobile network/telephone contract owner and authorized to enter into all (related) kind of contracts. Any failure of unauthorized use will be attributed to the original mobile network/telephone contract owner - even if a minor has processed the respective unauthorized use given that contractual obligations solely arise in the original mobile network/telephone contract owner.

In conclusion, it is anticipated that the original mobile network/telephone contract owner provided the person requesting our service with a comprehensive power of proxy.


V. By using the Bongo Service you agree to receive occasional marketing messages from us in regard to Bongo. To opt-out from receiving marketing messages, please complete the form in the “unsubscribe” section, e-mail us at [email protected] or follow the instructions given to you in any occasional marketing message.

VI. If you use the Bongo Service after opting out, you agree to opt-in to marketing again.

§ 2 Your further responsibilities

I. In order to use the service, you must have a mobile communications subscription with a participating wireless service provider or otherwise have access to a (mobile) communications network, e.g. in order to be able to download content and/or to receive SMS messages or any other kind of data, and pay any (wireless service provider) service fees associated with any such access.

II. In some cases, you must have a working Internet connection installed on your mobile phone (e.g. WAP, GPRS, UMTS). In such cases, your mobile phone must be capable of receiving content such as, but not limited to, text messages, images, ringtones, mobile games, video and/or color graphics.

III. We will not give refunds if you request or attempt to request our service to incompatible phones or wireless service providers or if your mobile phone is not Internet-enabled. For instructions, please check your wireless service provider's website, your mobile phone manufacturers’ website and/or your Internet service provider’s website.

In addition, you must provide all equipment and software necessary to connect to the service. You are responsible for ensuring that the equipment and/or software does not disturb or interfere with our operations.

IV. We have the right to immediately stop providing the service to you in case we discover any interference between your use of the service and our operations.

§ 3 Payments

I. You agree to pay the fees for any service requested by you, by any other person who is authorised by you to use your payment device, and by any other person who is not authorised by you to use your payment device - except if said person used your payment device without your culpability. In this regard, you have the right to prove your innocence.

II. Within the App, you will be charged the fee stated within the App, which you may review before clicking the payment confirmation/ordering button. Credits within the App may be purchased via the In-App purchase option. The fee will be deducted from your mobile phone application software store account if you have enough credits. Regarding the purchase of credits, the terms and conditions of your respective mobile application software store apply, too.

III. This fee may change from time to time.

IV. Additional (regular) fees in regard to any kind of network may apply (e.g. Internetaccess costs).

§ 4 Privacy and your personal information

Your privacy is very important to us. If you specifically and knowingly provide any kind of personal information to us, you consent to the collection, use, disclosure and transfer of said information subject to our Privacy Policy.

§ 5 Intellectual Property

I. We own, or have obtained, a licence (from a third Party) to exploit all kind of intellectual property rights in regard to the operation of the service including but not limited to, copyright and/or neighbouring rights subject to our logos and trademarks, our website, any marketing and advertising material or any other kind of expression of external communication whatsoever; copyright and/or neighbouring rights in the answers we provide to you, and rights in all of the technology used to compile and coordinate our service.

II. When you submit a question or any other kind of statement to us and we provide a response to you, you alone have our permission to display or otherwise transmit it to a reasonable number of your friends, family, and acquaintances. However, you may not supply that answer as part of any commercial enterprise or relationship or include it within a commercial publication without the prior written consent from us.

III. By submitting a question or any other kind of statement to us you grant us a perpetual, royalty free licence. This license includes, but is not limited to, the following rights:
a. The right to produce copies of the content, whether on a temporary or on a lasting basis and regardless of which by means of procedure or in which quantity they are made (right of reproduction);
b. The right to offer the original or copies of the work to the public or to bring it to the market (right of distribution);
c. The right to make the content available to the public, either by wire or wireless means, in such a manner that members of the public may access it from a place and at a time individually chosen by them (right of making works available to the public);
d. The right to make the content available to the public by broadcasting, such as radio and television transmission, satellite transmission, cable transmission or by similar technical means (right of broadcasting);
e. The right to make speeches or performances of content perceivable to the public by means of video or audio recordings (right of communication by video or audio recordings); f. The right to adapt, transform or modify in any other form whatsoever the content.

IV. We will ensure to exploit the rights as stated in § 5 III only in a lawful manner. In this regard, we will use said rights for commercial purposes (e.g. advertisement) in the fields of Internet, TV, radio and/or print without the need of naming the original author.

V. You grant us every right stated in § 5 III for an indefinite period of time that shall be no shorter than the legal protection of the respective author (You are the author).

VI. You grant us every right stated in § 5 III with no restrictions in regard to the geographical location. Therefore, the scope of application shall be worldwide.

§ 6 Disclaimer of Warranties and Limitation of Liabilities

I. We do not provide any kind of medical, legal, financial, midwifery or employment advice. This list is non-exhaustive and we may not provide the answer to, nor provide advice on other subject matters where it is deemed to require professional qualifications or other forms of licenses in order to do so. For the avoidance of doubt, Bongo is not a professional counselling service.

II. We, our directors, officers, employees, suppliers and agents (‘the Provider Parties’) disclaim any responsibility for any harm resulting from your use of the service. You expressly understand and agree that access to the service is provided on an ‘as is’ and ‘as available’ basis without any warranties whatsoever. The Provider Parties expressly disclaim to the fullest extent permitted by law all warranties, either express, implied, statutory or otherwise, with respect to the Services, including, without limitation, the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. The Provider Parties disclaim any warranties regarding the security, reliability, timeliness, and performance of the service. The Provider Parties do not warrant that the service will meet your requirements or that the operation of the service will be uninterrupted and error free. No advice or information, whether oral or written, obtained by you from us or through our service shall create any warranty not expressly made herein. You may not rely on any such information or advice. You understand and agree that you request and/or use the service, the content, software and website at your own discretion and risk and that you will be solely responsible for any damages to your computer system, mobile phone or loss of data that result from using the service. Except in jurisdictions where such provisions are restricted, you agree that our entire liability to you or any third person, and your or any third person's exclusive remedy, in law, in equity, or otherwise, with respect to the service provided under this agreement and/or for any breach of this agreement is solely limited to the amount you paid for such service during the term of this agreement. Except in jurisdictions where such provisions are restricted, the Providing Parties shall not be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages (including damages for loss of business profits, business interruption, loss of business information and the like; any damages for death, personal injury or damage to property resulting directly or indirectly from your use of the service) arising out of your use, misuse or inability to use the service, the content, software and website, even if we have been advised of the possibility of such damages. To the extent that a country does not permit the exclusion or limitation of liability as set forth herein, our liability is limited to the extent permitted by law in such country.

III. We do not, and in fact cannot, guarantee that the service will be available at any given time of the day. Specifically, during the night and early morning (22:00-08:00) an answer to your message may not always be provided with the speed it would be delivered during the day (08:01-21:59). Furthermore, the supply of our service is also subject to a number of telecommunication networks operated by mobile aggregators and mobile network operators (and in some circumstances the supply is also subject to Internet service providers). Those telecommunication/Internet networks may, from time to time, be subject to any kind of errors, maintenance operations, or any other kind of acts whatsoever, which is why we will not be able to provide our service to you during said occurrences. We will try to do our best in order to inform you within an appropriate time ahead of such events about those upcoming inconveniences; however, this won’t be possible in case of sudden, unpredictable happenings of any kind. In most cases, we will inform you either on our website and/or on our Facebook-Fanpage.

§ 7 Termination or suspension

We do not guarantee that we will continue to supply the service indefinitely. We can stop supplying the service at any time without notice to you, and we reserve the right to refuse to supply the service to any person for any reason.

§ 8 Amendment, assignment, and governing law

I. As already stated within the introduction, we may amend these Terms and Conditions and our Privacy Policy at any time without notice to you. Your repeated use of this service after any such changes constitutes your acceptance of the new Terms and Conditions. We will make reasonable efforts to bring any changes to the attention of our users, but you should also check this page regularly to familiarise yourself with any updates.

II. We can assign our various rights under this agreement to any other person without asking your permission. Your rights are personal and not assignable.

III. The laws of the country of your residence govern these Terms and Conditions, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the country of your residence to resolve any dispute that arises as a result of or in connection with this agreement.

IV. These Terms and Conditions are to be interpreted so that they comply with the laws of the country of your residence. If any provision of these Terms and Conditions is found invalid, illegal or unenforceable by a competent jurisdiction, the remaining provisions shall not be affected thereby and that invalid, illegal or unenforceable provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of both Parties.

V. These Terms and Conditions and our Privacy Policy are the entire agreement between the Parties as to their subject matter, and supersede all prior or inconsistent statements or representations as to that subject matter.

§ 9 If you need to contact us

You can address any concerns or complaints about the service to us at the following address:
Crowd Mobile IP Pty Ltd
Level 4, 44 Gwynne Street,
Cremorne, 3121
Australia
or
[email protected]

§ 10 Right of withdrawal (EU only)

I. Users (also referred to as “End Users”; “customers” or “consumers” in this context) may have a (14-days) right of withdrawal in regard to distance contracts that has been integrated into their respective country law in order to fulfill the provisions of the EU regulation 2011/83/EU.

II. However, delivery of goods produced to the End user’s specifications or which have been given a distinctly personal character are exempted from the provisions relating to a (14-days) right of withdrawal.


III. The service has a distinctly personal character and is constructed to fit your specifications.

IV. Therefore, the fees that apply when submitting a question or any other kind of statement to the service are not refundable.

V. You do not have a (14-days) right of withdrawal in regard to the mobile entertainment service Bongo.

VI. Additionally, your right of withdrawal may already be excluded because of the applicable provisions of the terms and conditions of your respective mobile application software store.