Message and data rates may apply. Bongo is a single message program. Should you need help Text HELP to 505050 or contact us via email [email protected] . To stop send STOP to 505050. Bongo is available to T-Mobile :registered:, MetroPCS :registered:, AT&T, Carolina West, Cellcom, C Spire, Cincinnati Bell, Cricket, nTelos, Sprint, Nextel, Virgin Mobile, Boost, U.S. Cellular and Verizon customers. T-Mobile or Wireless carriers are not liable for delayed or undelivered messages.
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 (505050) we will use our best endeavours to get an answer to you as soon as possible. This answer will include a link that will lead you to our Bongo website from which you will be able to reach your respective online mobile application software store (App Store or Google Play) via a link. There, you will be able to download our Ask Bongo App. Within the App, you will be able to purchase the possibility to text Bongo.
III. 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 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.
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 text message messages, 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, links to (another) website, text messages, ringtones, mobile games, video and/or color graphics.
III. 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.
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 proof your innocence.
II. A question or any other kind of statement sent to our service, including our response, is free of charge. However, additional (regular) fees in regard to any kind of network may and most likely will apply (e.g. for sending a regular text message; Internet connection on your phone).
III. This fee may change in the future.
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. 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.
III. We will ensure to exploit the rights as stated in § 5 II only in a lawful manner.
IV. You grant us every right stated in § 5 II for an indefinite period of time that shall be no shorter than the legal protection of the respective author (You are the author).
V. You grant us every right stated in § 5 II with no restrictions in regard to the geographical location. Therefore, the scope of application shall be worldwide.
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.
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.
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 Netherlands govern these Terms and Conditions, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Amsterdam 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 Netherlands. 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.
You can address any concerns or complaints about the service to us at the following address:
Bongo Operations Pty Ltd
Level 4, 44 Gwynne Street,