Bango.net Premium Service - Terms and Conditions
1 Definitions
1.1 'Bango' means Bango.net Ltd, with contact details at www.bango.com, except that if You are resident in the USA and accessing content through a Mobile phone in the USA Bango shall mean Bango Inc., with contact details at www.bango.com. In this agreement 'Us, Our and We means 'Bango'.
1.2 'Content Provider' means an individual, partnership or corporate body, who has entered into a contract with Bango to sell content to Users through Bango's systems.
1.3 'You' or 'User' means any individual who uses Bango to Buy content from any Content Provider.
1.4 'Premium Content' means any content or service sold using the Bango System.
1.5 'Bango System' means the computer software and systems that enable Content Providers to sell their content, through Bango to a User and to provide additional services which are described at www.bango.com.
1.6 'Charges' means all the costs associated with accessing Premium Content.
1.8 'Service' means the service provided by the Bango System.
2 Commencement of Service
2.1 You are deemed to accept these conditions when you first use Our service by clicking links on a mobile web page powered by Bango.
3 Provision of Service
3.1 The Service is not available in all countries and may be restricted to certain areas within those countries where access to the Service is possible.
3.2 Bango is not responsible for, and does not control or endorse any goods or services supplied by Content Providers. Any purchases of goods or services are subject to the individual retailer's terms and conditions as set out on their website or wapsite or as otherwise published to you.
3.3 Bango shall not be liable for any delay in or for failure to perform obligations under this Agreement if that delay or failure is caused by circumstances beyond Bango's control or by a third party.
3.4 Bango will use all reasonable endeavors to ensure that content sold through the Bango System will not contain or promote anything defamatory, illegal or discriminatory. In the event of any complaint, email abuse@bango.com.
4 Charges for Service
4.1 Prices for Premium Content are based on recommended end user prices supplied by the Content Provider and are subject to adjustment for taxes or currency exchange rates by Bango.
4.2 When accessing Premium Content notification of the price will be shown allowing you to accept the charge before proceeding.
4.3 Acceptance of a charge will entitle Bango to collect payment from you using a method of payment that you select from one or more choices.
4.4 You may be charged for data usage while browsing and downloading in accordance with your agreement with your network provider.
5 Payment by Mobile Operator Billing
5.1 Where Premium Content sold through the Bango Service is purchased using operator billing systems. This service allows you to pay for goods and services from Content Providers by charging the price to your mobile phone. Contract customers will see the charge on their monthly phone bill. If you are a pay as you go customer, the charge will be deducted from your airtime credit.
6 Payment by Credit Card
6.1 By submitting your credit card details, You understand and agree that Bango will debit the credit or debit card you entered for the amount of the transaction you have specified.
6.2 If You encounter problems with products sold through Bango, You will report such problems to Bango using the facilities provided on Your Mobile handset at www.bango.net.
6.3 You agree that Bango may provide information on Your telephone number, IP address and/or location to law enforcement or relevant financial and credit card companies to prevent fraud or money laundering.
7 Payment roll-over
7.1 Some payment methods may have a minimum payment which is higher than the price of the content purchased. In this case, the difference between the minimum amount and the charge for the service will be carried forward and will be available to the User to spend on future purchases.
7.2 Any carried forward payments that remain unused for a period of 60 days will be deemed not required and will no longer be available to the User. No refunds of carried forward payments will be given.
8 Termination
8.1 You may cancel this agreement at any time for any reason. No refunds will be due from Bango to You.
9 Personal Information
9.1 The limited personal information gathered by Us during Your use of the Bango System shall be stored and used only in accordance with Our End User Privacy Policy, available at www.bango.com.
10 Liabilities
10.1 Bango cannot be held liable for the content provided by the Content provider or for information or material accessed through the service.
11 General
11.1 If any of the terms contained in this Agreement are held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed omitted without affecting or impairing the validity and enforceability of the rest of the Agreement.
11.2 This Agreement may be assigned by Bango.
11.3 Failure by either party to exercise or enforce any right conferred by these terms and conditions against the other party shall not be or be deemed to be a waiver of any such right nor in any way prejudice any right of that party under these terms and conditions.
11.4 Nothing in this Agreement removes or limits Our liability for death or personal injury caused by Our negligence.
11.5 Nothing in this Agreement shall create, or be deemed to create, the relationship of principal and agent or a joint venture or partnership between the parties.
11.6 The User indemnifies Bango for any loss, cost, damage or claim arising from the use of the Service or breach of these conditions.
11.7 The User may not transfer their pre-payments or any of their rights and responsibilities under this Agreement.
11.8 For Users that are resident in the USA accessing content through a Mobile phone in the USA, this agreement shall be governed by the laws of the State of New York.. For all other users, the agreement shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the courts of England.