Bongo provides a subscription based service that allows the user/users to access Bangla Natoks, 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, a registered company incorporated under the laws of Bangladesh (hereinafter referred to as Bongo)
The following terms (‘Terms’) govern 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 with access to the Bongo services (collectively ‘Services’).
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:
- Copyright Notice
- Copyright © 2018 Stellar Digital Limited, operating under the brand name “Bongo”.
- 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.
- 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.
- License to Use Website and Service
- Except as expressly permitted by provisions in these Terms, you must not download VOD Bongo Content to your Authorized Device (television sets, internet connected smart televisions and DVD/Blu-ray players, computers, game consoles, mobile devices or handheld devices including tablets and smartphones, HDMI-connected dongles, set top boxes e.g. Apple TV, TiVo, Roku, and Google TV and/or multi-channel video programming distributor box within the territory). You are not allowed to copy/reproduce the same in whole or in part in any other device, medium and /or to any third party. Without prejudice to our rights under law or equity, failing to comply with the foregoing may result in termination of your subscription and restrict your access to the Website and App
- In some instances, you may be allowed to download complete Bongo Content to an Authorized Device with offline playback. In such instances, the downloaded content will be available for a period of up to thirty (30) days (or as stated with the particular content) after the file is downloaded, after which period, the downloaded content will be automatically become unavailable/ non-viewable on the Authorized Device.
- You may only use our Services for your own personal purposes and must not use our Services for any other purpose including, without limitation, for commercial purposes.
- Videos that we offer as part of the Services may be viewed only for personal use or at home. Organized or public showings are not allowed without prior written consent from Bongo.
- 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.
- 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.
- Restrictions of usage
- You may not use our Website and App in any way or take any action that causes damage or may cause damage or impairs the performance, availability or accessibility, of the Website and App.
- 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.
- 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.
- 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.
- You may not access or otherwise interact with our Website and App using any robot, spider or other automated means.
- 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).
- You may not use data collected from our Website and App to contact individuals, companies or other persons or entities.
- 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.
The copyright laws of the land recognize “fair use” of copyrighted content and mentions that certain acts will not constitute infringement of copyright, namely for specified purposes including but not limited to criticism and / or review of content. Content may contain certain copyrighted works which we believe in good faith are protected by the “fair use” for reasons identified by law. We use many sources to create new videos with original research and added voice-over. Our review / commentary of videos do not replace / supersede original works and are transformative. We make / upload such transformative videos featuring short excerpts of longer songs, movies, TV shows, video games,etc. where the underlying works are commercialized in a manner where the editorial is additive and promotional - we do not use full length original works for the same.
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.
- Free Plan
- 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 you have selected, or as otherwise specified during sign-up and is intended to allow new users to try the Service.
- 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.
- 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.
- 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.
- 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.
Without limitation to the above, one of the specific Payment Method that you may choose is “Google Pay”. Notwithstanding anything herein written, the following shall be applicable if you choose “Google Pay” as your Payment method:
- Although our monthly subscription is valued at BDT 50. However, as per Google’s minimum charging policy, you will be charged BDT 80 (excluding tax);
- Google shall charge you the equivalent of the monthly subscription package in USD, which shall be subject to current market exchange rates;
- If payment via “Google Pay” fails, Bongo shall not offer you a grace period and your subscription will be automatically cancelled; and
- You shall also be under an obligation to adhere to all relevant Google Pay terms and conditions.
- Auto Renewal
All the Paid Subscription Plans have 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.
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.
- Changes to the Price and Service Plans.
We may change our service plans and the price of our Services 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.
- Billing Cycle
- Bongo Service
- 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.
- 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.
- 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.
- 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.
- 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 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.
- Due to some country specific regulatory policy Bongo may not charge its users, availing the Service from the respective country.
- 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 provide. 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.
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.
- Limitations of Liability
To the fullest extent permitted by law, in no event shall Bongo, 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 Bongo 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).
- 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 Bongo 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.
By agreeing to these Terms, you agree that you shall defend, indemnify and hold Bongo, its 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 terms 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.
- 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.
- Governing Law
- 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.
- 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
- 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.
- Legal Action
Without prejudice to any other right pertaining to Bongo under these Terms and/or law/equity, Bongo reserves the right to take legal actions against you for any breach of these Terms.
- Our details
- This Website is owned and operated by Stellar Digital Limited, operating under the brand “Bongo”.
- 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.
- Governing Law