Terms of Use

Bongo provides a subscription based service that allows user to access Bangla Natok, Movies, Music Videos and TV shows (“Bongo content”) streamed over the Internet to certain Internet-connected TVs, computers and other devices ("Bongo ready devices"). The aforementioned Service is operating under the brand name of Bongo which is provided to you by Stellar Digital Limited (“Stellar”), a registered company incorporated under the laws of Bangladesh (hereinafter referred to as Bongo”)

These Terms of Use govern your use of our service. As used in these Terms of Use, "Bongo service", "our service" or "the service" means all the services available on the platform of Bongo for discovering and watching Bongo content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.

The following terms (‘Terms’) governs your access and use of (www.bongobd.com) and/or the mobile application for all the Android and iOS Devices and/or Internet-connected TVs, computers and other devices accessing the Bongo services (collectively ‘Services’).

Acceptance

By accessing and using our Services, you hereby agree and accept the Terms in full. If you disagree or do not accept any of the Terms, you must not use our Services.

General Term Of Use:

1. Cookies: Our Website uses cookies; by using our Website and/or agreeing to the Terms, you consent to our use of cookies in accordance with the terms of ourPrivacy Policy.
2. Copyright Notice
   1. Copyright © 2018 Stellar Digital Limited, operating under the brand name “Bongo”.
   2. Subject to the express provisions of these Terms, we, together with our licensors and service providers, own and control all the copyright and all other intellectual property rights, titles and interests in and relating to the Services and the materials and contents on our Website. All the copyright and other intellectual property rights, titles and interests in and relating to our Services and the material and contents on our Website are reserved..
   3. 3. Except the limited permissions, provided by these Terms, no right, title, license or interest is granted to you in relation to the Services and contents and materials that are part of the Services.
3. License to Use Website and Service
   1. 1. You may view pages from our Website in a web browser. Except as expressly permitted by provisions in these Terms, you must not copy or download any contents or materials from our Website or Services to your computer or reproduce in any form.
   2. 2. You may only use our Services for your own personal purposes and must not use our Services for any other purposes including, without limitation for the commercial purposes.
   3. 3. Videos that we offer as part of the Services can be viewed only for personal use or at home. Organised or public showings are not allowed without prior written consent from Stellar, operating under the brand “Bongo”.
   4. 4. All contents and materials on our Service and Website are copyright protected and you may not republish material from our Service or Website (including republication on another website); sell, rent or sub-license material or contents from our Website or Service; show any material from our Website or Service in public; exploit materials or contents from our Website or Service for commercial purposes; or redistribute materials or contents from our Website or Service.
   5. 5. We reserve the right to restrict access to areas of our Website or Service at any time and for any reason or no reason, or indeed our whole website, at our sole discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website or Service.
4. Restrictions of usage
   1. You may not use our Website and App in any way or take any action that causes, or may cause, damage to the Website and App or impairment of the performance, availability or accessibility of the Website and App.
   2. You may not use our Website and App in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
   3. You may not use our Website and App to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
   4. You may not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website and App without our express written consent.
   5. You may not access or otherwise interact with our Website and App using any robot, spider or other automated means..
   6. You may not use data collected from our Website and App for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
   7. You may not use data collected from our Website and App to contact individuals, companies or other persons or entities.
   8. You must ensure that all the information you supply to us through our Website and App, or in relation to our Website and App, is true, accurate, current, complete, clear and non-misleading.

About Service:

1. Subscription

   Your Bongo subscription will continue month-to-month or as specified in the selected plan, until terminated. To use the Bongo service you must have Internet access and a Bongo ready device, and provide a current, valid, accepted method of payment, which you may update from time to time ("Payment Method"). Unless you cancel your subscription before your monthly billing date or you have selected the auto renewal option, you authorize us to charge your next month's subscription fee to your Payment Method (see "Cancellation" below). You can find specific details regarding your Bongo subscription by visiting our Website or App and clicking on the "Account Settings" link available at the top of the pages of the Bongo Website or go to My Account from Settings for Mobile app.

2. Free Plan
   1. Your Bongo subscription may start with a free trial through a special subscription plan selection. The free trial period of your subscription will last for a week or as specified in the subscription plan when you have selected, or as otherwise specified during sign-up and is intended to allow new user to try the Service.
   2. Free trial eligibility is determined by Bongo at its sole discretion and we may limit eligibility to prevent free trial abuse at any point of time. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Free trial can be taken only once with a specific account. We may use information such as geolocation, device ID, method of payment or an account email address used with an existing or recent Bongo subscription to determine eligibility. For combinations with other offers, restrictions may apply.
   3. We will not charge your Payment Method for your monthly subscription fee at the end of the free trial period unless you renew or upgrade your subscription prior to the end of the free trial period. To view other Plans and the end date of your free trial period, visit your Bongo Profile page.
3. Billing
   1. Billing Cycle

      The subscription fee for the Bongo service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a periodic basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your subscription if auto renewal is activated, or at the instant the subscription plan is activated. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid subscription began on a day not contained in a given month. Visit your Bongo ‘My Account’ from Bongo website or go to ‘My Account’ from App to see your next payment date.

   2. Payment Methods

      You can change your Payment Method by visiting your Bongo Profile page. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the Service until we have obtained a valid Payment Method. When you update your Payment Method, you authorize us to continue charging the updated Payment Method and you remain responsible for any uncollected amounts. This may result in a change to your payment dates. For some Payment Methods, the issuer or payment aggregator may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details. In any event, we shall not be held liable for any applicable taxes upon the purchase / use of the Services.

   3. Auto Renewal

      All the Paid Subscription Plan has an optional auto renewal feature, which will automatically renew the subscription plan every month. When selecting the preferred subscription plan, an option would be given to you for auto renewal select and deselect. If you select the auto renewal, the selected subscription plan would continue month-to-month or as per the duration of the selected plan until the auto renewal is deselected from the Bongo Profile page. However, in case of a problem occurring with the selected Payment Method, the auto renewal function might not function as usual, and the subscription plan will only last for the paid period as per the plan.

      Auto renewal can be selected or deselected anytime from the Bongo Profile page.

   4. Cancellation

      You can cancel your Bongo subscription at any time, and you will continue to have access to the Bongo service until the end of your monthly or periodic billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial use of the Service or unwatched Bongo content.

      To cancel, go to the "Bongo Profile" page and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will close, visit your Bongo Profile page.

   5. Changes to the Price and Service Plans.

      We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 30 days following notice to you.

4. Bongo Service
   1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Bongo service. Minors may only use the service under the supervision of an adult.
   2. The Bongo service and any content viewed through the service are for your personal and non-commercial use only. During your Bongo Subscription we grant you a limited, non-exclusive, non-transferable license to access the Bongo service and view Bongo content. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
   3. You may view the Bongo content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time, irrespective of the country from where the account has been created and payment has been made. The number of devices on which you may simultaneously watch is no more than 3 (three) or as offered by your chosen subscription plan.
   4. Bongo regularly makes changes to the service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of Bongo content.
   5. You agree to use the Bongo service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Bongo service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Bongo service; use any robot, spider, scraper or other automated means to access the Bongo service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Bongo service; insert any code or product or manipulate the content of the Bongo service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Bongo service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
   6. The quality of the display of the Bongo content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Not all content is available in all formats. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible internet data usage charges. The time it takes to begin watching Bongo content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your Bongo ready device.

      To run Bongo app in your Android mobile device it must have minimum Android OS version Kitkat 4.4 (API level 19 and up) or in your iOS mobile device it must have the latest iOS version

      Web Browsers that support Bongo are Chrome (latest version), Firefox (latest version), Internet Explorer (latest version), Microsoft Edge, Safari (latest version), Opera (latest version).

      Note: Firefox ESR is not supported at this time. Firefox ESR (Version 60) will be supported when it's available for the general public, which is approximately May 1, 2018

   7. The Bongo software is developed by, or for, Bongo and is designed to enable viewing of Bongo content through Bongo ready devices. The Bongo software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. By reading this you accept to automatically receive any updates of Bongo and related third party software when available
   8. Due to some country specific regulatory policy Bongo may not charge its users, availing the service from the respective country.
5. Account Access

   User can create an account in Bongo by signing up with their Facebook account or using their mobile number. Bongo will create an account for you based on the login information you provided. Once the account is created, user will be redirected to the subscription page to complete the subscription. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Bongo ready devices that are used to access the service and not reveal the password nor details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Bongo or our partners from identity theft or other fraudulent activity.

6. Warranties

   The Bongo service is provided "as is" and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us.

7. Limitations of Liability

   To the fullest extent permitted by law, in no event shall Stellar, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) any interruption or cessation of transmission to or from our services (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

   You categorically acknowledge and accept that Stellar shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

   We understand that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, only if that be the scenario in your jurisdiction, then to the extent permitted by law, Bongo limits its liability for any claims under those warranties or conditions to either supplying you the services again (or the cost of supplying you the services again).

8. Class Action Waiver

   Where permitted under the applicable law, you and Bongo agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, where permitted under the applicable law, unless both you and Stellar agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.

9. Indemnification

   By agreeing to these Terms, you agree that you shall defend, indemnify and hold us, our licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including lawyers’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation, including any local laws or ordinances, whether or not referenced herein and (b) your use (or misuse) of the Services.

10. Internet Delays

    The Services, Website and/or the software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you being faulty, not connected, out of range, switched off or not functioning. We are not responsible for any delays, delivery failures, damages or losses resulting from such problems.

11. Miscellaneous
    1. Governing Law

       These Terms of Use shall be governed by and construed in accordance with the laws of the People’s Republic of Bangladesh.

    2. Unsolicited Materials

       Bongo does not accept unsolicited materials or ideas for Bongo content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Bongo.

    3. Customer Support

       To find more information about our service and its features or if you need assistance with your account, please visit the Bongo FAQ section on our website

       (http://www.bongobd.com/en/faq).

    4. Survival

       If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

    5. Changes to Terms of Use and Assignment
       1. Bongo may, from time to time, change these Terms of Use. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version https://www.bongobd.com/en/tos). We may, in our sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions or update. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
       2. We will notify you at least 30 days before these new Terms of Use apply to you.
    6. Electronic Communications

       We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

    7. Legal Action

       Without prejudice to any other right pertaining to us under these Terms and/or law/equity, we reserve the right to take legal actions against you for any breach of these Terms.

    8. Our details
       1. This Website is owned and operated by Stellar, operating under the brand “Bongo”.
       2. We are registered in Bangladesh and our registered office is at Stellar, House 20, Road 2/B, Baridhara J-Block, Dhaka – 1229, Bangladesh
       3. You can contact us by writing to the business address given above.