THE AGREEMENT: The use of this website and services on this Platform and mobile application provided by BONGESO TECH CONCEPT (BonGeso referred to as "App") are subject to the following Terms & Conditions, all parts, and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this App (hereinafter collectively referred to as "App") and any services provided by or on this App ("Services").
“Agreement” denotes to this Terms and Conditions and the Privacy Policy and other documents provided to you by the App;
“We”, “us” and “our” are references to BONGESO.
“User”, “You” and ““your” are denotes to the person who is accessing the App for taking or availing any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this App.
” App” or “Platform “shall mean and include BonGeso and any successor App of the Company or any of its affiliates.
Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.
By using the App, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the App immediately. We only agree to provide the use of this App and Services to you if you assent to this Agreement.
The Services constitute a technology platform that enables users of BonGeso’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation and/or logistics services with independent third-party providers of such services, including independent third-party transportation providers and independent third-party logistics providers under agreement with BonGeso or certain of BonGeso’s affiliates (“Third Party Providers”). Unless otherwise agreed by BonGeso in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT BONGESO DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY BONGESO OR ANY OF ITS AFFILIATES.
Materials posted on the BonGeso APP are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the BonGeso APP, or by anyone who may be informed of any of its contents.
We aim to update the BonGeso APP regularly and may change the content at any time. If the need arises, we may suspend access to the BonGeso APP and the Services or close them indefinitely. Any of the material on the BonGeso APP or the Services may be out of date at any given time, and we are under no obligation to update such material.
YOU ACKNOWLEDGE THAT NEITHER BONGESO NOR ITS AFFILIATES PROVIDE TRANSPORTATION, GOODS OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION, GOODS OR LOGISTICS CARRIER OR A TRANSPORTATION, GOODS OR LOGISTICS SERVICE PROVIDER, OR OWN ANY VEHICLES FOR TRANSPORTATION, GOODS OR LOGISTICS AND THAT ALL SUCH SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY BONGESO OR ANY OF ITS AFFILIATES.
You must be at least 18 (Eighteen) years of age to use this App, or any Services contained herein. By using this App, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of your age.
We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
The App is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.
We may provide you with certain information because of your use of the App or Services. Such information may include but is not limited to, documentation, data, or information developed by us, and other materials which may assist in your use of the App or Services ("Our Materials"). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use Our Materials solely in connection with your use of the App and Services. Our Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the App or Services or at the termination of this Agreement.
Our goal is to ensure that everyone has a safe and reliable ride. That's why BonGeso prohibits riders and their guests, as well as driver and delivery partners, from carrying firearms of any kind while using our app*
Anyone who violates this policy may lose access to BonGeso.
*To the extent permitted by applicable law.
BonGeso seeks to ignite opportunity by setting the world in motion and striving to provide safe, reliable, and high-quality service options to everyone. BonGeso and its affiliates therefore prohibit discrimination against users based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law. Such discrimination includes, but is not limited to, any user refusing to provide or accept services based on any of these characteristics. Any user found to have violated this prohibition will lose access to the BonGeso platform. Applicable laws in certain jurisdictions may require and/or allow the provision of services by and for the benefit of a specific category of persons. In such jurisdictions, services provided in compliance with these laws and the relevant applicable terms are permissible under this policy.
BonGeso does not tolerate the use of alcohol or drugs by drivers using the BonGeso app. If you believe your driver may be under the influence of drugs or alcohol, please ask the driver to END THE TRIP IMMEDIATELY. Then exit the car and call 911.
BonGeso's Community Guidelines
Our guidelines were developed to help make every experience feel safe, respectful, and positive.
Everyone who signs up for an BonGeso account, is expected to follow the guidelines.
We want to make sure that riders and drivers have access to tools that help them stay safe when they use our service. To help you get the help you need in an emergency, you can call 911 through the BonGeso app and, where available, we will share your location and other trip details with the 911 call taker. Trip details that we will share are your estimated current location at the time your 911 call was placed, the car’s make, model, color, and license plate, your name and phone number, your pickup and drop-off locations, and your driver’s name.
It is up to you whether you want to share your location and other trip details information with the 911 call taker. You can turn location and information sharing off by accessing the Emergency Data Sharing page in your Privacy Settings.
The location that we will share with the 911 call taker is your latitude and longitude, as determined by your device’s operating system at the time that you placed the call. Your device’s location information may not be accurate, particularly in dense urban environments.
When you choose to share your location and trip data with a 911 call taker we will pass along your location and trip information to RapidSOS, which provides a technology platform that enables location and data sharing from connected devices to 911 call takers. RapidSOS’s emergency platform is only integrated with 911 call takers in some of the areas where we operate in the United States. If we can share your trip details with a 911 call taker, you will see this noted in the BonGeso app before you place your 911 call. In some cases, your 911 call center and RapidSOS may only be able to process some, but not all, of your location and trip details. For example, a 911 call taker may have access to your estimated current location but may not be able to see your pickup and dropoff locations.
To protect you, BonGeso will retain your location and trip information as well as information about the times when you use our app to call 911. BonGeso may keep this information if permitted by law and following that the information will be deleted. RapidSOS will delete the location and information data that it receives from BonGeso within 180 days but may retain a summary that shows information such as the amount and number of calls that it processes. Any summary information that RapidSOS keeps will be de-identified so that it does not contain any information that can be linked to a person. BonGeso and RapidSOS will never record or listen to your 911 calls or make a transcript of your calls.
BonGeso is committed to creating and maintaining a community that promotes a safe and respectful experience for all users of our platform. As drivers and delivery people, your experiences should feel safe, respected, and protected from sexual harassment, sexual misconduct and sexual assault while driving or delivering with the BonGeso apps. This includes from passengers/customers, restaurant partners, BonGeso employees, and anyone else.
For purposes of this policy and related training materials, “sexual harassment,” shall include sexual assault or sexual misconduct in line with Cal. Bus. & Prof. § 7457(a)(1).
BonGeso does not tolerate sexual harassment (sexual assault or sexual misconduct) from anyone. We take all allegations of such behavior involving our users extremely seriously and work to take appropriate action on every report quickly and fairly. Through enforcement of this policy and our Community Guidelines, and by education of drivers and delivery people, BonGeso will seek to prevent and respond appropriately to reported behavior that violates this policy. This may include permanently deactivating (banning) a user account from the BonGeso platform.
All drivers, delivery people, and users of the apps in California are covered by and are expected to comply with this policy and to take appropriate measures to ensure that prohibited conduct does not occur.
Sexual harassment (sexual assault and sexual misconduct) of any kind, by drivers, delivery people, customers, or third parties is prohibited while using the BonGeso apps, and in many cases are prohibited by law.
BonGeso uses a behavior-based classification system, developed in partnership with the National Sexual Violence Resource Center (NSVRC) and the Urban Institute. This means the categories and their corresponding definitions, are notably not necessarily based on any criminal statute or definition but identified based on the specific behaviors reported in a user incident report. Indeed, the classification system includes behaviors that may not necessarily rise to the level of criminal conduct in California but are never-the-less prohibited in the BonGeso community.
BonGeso defines sexual misconduct as non-physical conduct (e.g., verbal or staring) of a sexual or romantic nature that is without consent or has the effect of threatening or intimidating a user against whom such conduct is directed. This includes explicit or non-explicit verbal comments or non-verbal, non-physical acts such as:
Staring or leering
Asking personal questions (e.g., inquiries about relationship status, sexual orientation, phone number, social media accounts or connections, etc.)
Comments about appearance (e.g., derogatory, and ‘complimentary’ comments, or comments about someone’s perceived gender identity or expression, etc.)
Flirting (e.g., non-verbal, suggestive flirting, becoming physically close to a person in a way they felt was sexual or flirtatious, etc.)
Explicit gestures
Explicit comments (e.g., epithets, slurs, or jokes; graphic comments, sexually degrading words, or suggestive or obscene messages, etc.)
Displaying indecent material (e.g., sexually suggestive objects, pictures, cartoons, posters, watching pornography or other sexual suggestive media, etc.)
Indecent photography/video without consent
Soliciting a sexual act (e.g., unwanted sexual advances or invitations, offering money in exchange for sex acts, etc.)
Indecent exposure (e.g., including riders conducting sext acts during a trip, “mooning”, “flashing”, public urination, etc.)
Verbal threat of sexual assault
Masturbation
BonGeso defines sexual assault as physical or attempted physical conduct that is reported to be sexual in nature and without the consent of the user. BonGeso defines sexual body parts as the mouth, breasts/chest, buttocks, and genitalia. All other body parts are considered non-sexual body parts. Acts of sexual assault include:
Attempted touching of a non-sexual body part
Attempted kissing of a non-sexual body part
Attempted touching of a sexual body part
Attempted kissing of a sexual body part
Non-consensual touching of a non-sexual body part
Non-consensual kissing of a non-sexual body part
Attempted non-consensual sexual penetration
Non-consensual touching of a sexual body part
Non-consensual kissing of a sexual body part
Non-consensual sexual penetration
BonGeso has a no-sex rule. Sexual contact is prohibited while using the BonGeso apps, including during a trip or delivery, regardless of whether you know the person, or they give you their consent. This includes activities such as sexual intercourse, solicitation of sexual intercourse, masturbation, or touching and exposure of sexual body parts. Violation of BonGeso’s no-sex rule, despite consent being properly obtained, may result in permanent deactivation of the participating parties’ accounts.
In addition to the above behaviors, contact must end when the trip or delivery is complete, unless it’s to return a lost item and with appropriate consent. For example, texting, calling, visiting, following/friending on social media, or trying to visit the user in person after a trip or delivery has been completed is not allowed. Inappropriate post-trip contact may also result in permanent account deactivation.
If something happens while using BonGeso, whether it’s good or bad, we want to hear about it so we can hold users accountable and continue to keep BonGeso a safe and positive experience for all. BonGeso uses technology to enable users to submit incident reports quickly, easily, and discreetly right in their app. While prompt reporting is encouraged, BonGeso will receive and review reports of any sexual misconduct and/or sexual assault incidents reported to have occured on our platform, regardless of date, and until the case review is complete.
BonGeso also gathers safety incident reports from other sources such as social media mentions, news media mentions, law enforcement inbounds, regulator inquiries, insurance claims, and other third parties.
BonGeso takes all allegations of sexual assault and sexual misconduct by our users extremely seriously and works to take appropriate action on every report quickly and fairly.
BonGeso first sorts of incident reports using key words and phrases to identify reports that may indicate safety concerns. The most serious and urgent reports, such as sexual assault, are escalated to a specialized team within BonGeso’s Incident Response Team (IRT). IRT agents then conduct an internal case review which includes speaking with all incident parties and gathering necessary data in order to determine what account action to take.
During the case review process, IRT agents work to obtain the necessary information to decide as to whether the accused party’s account should be deactivated (banned) from the BonGeso app. BonGeso’s approach to responding to reports of sexual assault relies on learnings from partnerships with dozens of advocates and experts in the gender-based violence field. A main hallmark of this approach is to remove the requirements of conclusivity, corroboration, and survivor “credibility” to deactivate an accused party’s BonGeso account.
Conclusivity: BonGeso strives to obtain the most complete and accurate understanding of a reported event. However, we realize that it is not realistic to know exactly what happened between users at any given time. In BonGeso’s case-review process for sexual assault reports, survivors are not required to “prove” their own assault. Instead, BonGeso’s aim is to gather the most pertinent information from the reporting party’s statement of experience and relevant facts such as GPS information, timestamps, photos/videos, etc. (where possible) to arrive at a resolution that best protects the safety of the BonGeso community.
Corroboration: We know that it may not always be possible to obtain corroborating information in connection with a report of sexual assault. A lack of corroborating information is not an indication that an assault or incident did not occur. BonGeso can act against the accused party’s account if the information gathered during an agent’s review warrants such action.
Survivor “credibility”: Certain populations of survivors are no less worthy of trust or plausibility than any other. When it comes to sexual assault, BonGeso applies the same standard for drivers, delivery people, and riders, both new and tenured, without regard to race, gender identity, socio-economic status, sexual orientation, education level, or app rating or status.
Identifying the accused party: First, a trained agent begins by identifying the accused party and their associated BonGeso account.
Remove access: Next, BonGeso immediately removes the accused party’s access to the BonGeso app so that they cannot take trips while we complete a case review.
If the accused party is a guest rider, we attempt to identify whether they have their own BonGeso account and, if they do, we restrict that account. If the guest rider cannot be identified, or if they do not have an BonGeso account, the account holder may be restricted from the BonGeso platform since our Community Guidelines state that account holders are responsible for their guest riders’ actions while using BonGeso.
Block future pairing: Regardless of the outcome of our case review, we take steps to make sure the involved parties are not paired again in the future on the BonGeso platform. It is important to note that this is not necessarily the only action BonGeso will take on a report, and that further action will depend on what the agent’s subsequent review finds.
Attempt to speak with the reporting party/victim: Next, the IRT agent attempts to contact the reporting party/survivor over the phone to learn more about the reported incident.
We respect and rely heavily on the reporting party or survivor’s statement of experience, as we know their voice is defining and important in this process. While we understand that trauma can prevent survivors from providing these sometimes-painful accounts, the statement of experience is an integral piece of the case review process and has great impact on reaching the most fair and swift decision possible.
Attempt to speak with the accused party: Next, the IRT agent will also reach out to other involved parties to the incident, including the accused party and any relevant witnesses. When speaking with the accused or other parties, IRT agents go to great lengths to protect the confidentiality of the reporting party and/or survivor (see Confidentiality section below).
Review relevant facts: Where possible, IRT agents will also review any relevant facts gathered during the case review process—such as GPS data, trip timestamps, and any additional information provided to them (e.g., dashcam or audio recordings, screenshots of texts, etc.).
Although these relevant facts are useful in the ultimate resolution of a report, they are not necessary for an accused party’s account to be removed from the platform. In cases where a survivor is not able or willing to provide a statement of experience over the phone, we will consider all other relevant facts obtained during the case review.
For all reported sexual assault incidents, BonGeso agents offer survivors external support resources such as the National Sexual Assault Hotline. For some of the most critical cases reported in connection with the BonGeso app, BonGeso will offer victims a referral to the BonGeso Survivor Resources Hotline & Support Fund, adminstered by the Rape, Abuse, Incest National Network (RAINN), the nation’s largest anti-sexual violence organization. The Hotline will be administered by trained RAINN support specialists who will provide free, confidential crisis support and specialized services to survivors. RAINN will also facilitate BonGeso-funded resources to support survivors including trauma-informed counseling. Use of the Resources Hotline and Support Fund is completely confidential. BonGeso will not know the identities of users who use the referral.
All reports of sexual harassment, misconduct and sexual assault are treated confidentially to the extent possible. During BonGeso’s case review process, an IRT agent may speak to involved incident parties, including the accused party. When speaking with accused parties, IRT agents go to great lengths to preserve the confidentiality of the reporting party or survivor and will not proactively disclose or confirm their identity to the accused party. Despite these efforts, BonGeso cannot fully guarantee the accused party will not infer the identity of the reporting party.
Reporting a good faith complaint of sexual misconduct or sexual assault will in no way be used against the driver or delivery person or have an adverse impact on the individual's BonGeso account. No penalty may be imposed on an BonGeso user in response to them:
Reporting a good faith complaint of sexual misconduct or sexual assault to BonGeso, law enforcement, regulator, or any other authority
Seeking support services of any kind for sexual misconduct or sexual assault
Ending a trip in a safe location due to experiencing or witnessing an incident of sexual misconduct or sexual assault
Participating in an internal case review or investigation with BonGeso Customer Support
Participating in any external investigation with law enforcement or any other investigative or regulatory body
You are entitled to seek any external support services for sexual misconduct and sexual assault. If you’d like to speak to someone outside of BonGeso about your experience, including learning about the resource options available to you in your community, please contact any of the following national confidential support hotlines.
National Sexual Assault Hotline: 1-800-656-HOPE (4673)
National Domestic Violence Hotline: 1-800-799-SAFE (7233)
National Human Trafficking Hotline: 1-888-373-7888
National Suicide Prevention Lifeline: 1-800-273-TALK (8255)
*Similar protocols are followed for the following urgent categories of sexual misconduct: Indecent Photography/Video Without Consent, Masturbation/Indecent Exposure, and Verbal Threat of Sexual Assault.
**BonGeso may share users’ personal data if we believe it’s required by applicable law, regulation, operating license or agreement, legal process, or governmental request, or where the disclosure is otherwise appropriate due to safety or similar concerns.
The App permits you to share content, post comments, feedback, review etc. but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.
You agree that the App and all Services provided by us are the property of BonGeso, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our IP"). You agree that we own all right, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.
As a user of the App or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the App and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information or using the App or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
To use most aspects of the platform, you must register for and maintain an active personal User account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to APP certain personal information, such as your name, address, mobile phone number, gender, and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the platform, including your ability to request access to your personal information or to opt in or out of marketing preferences, or APP’s termination of this Agreement with you.
You agree to always maintain the security and secrecy of your Account username and password. You agree and understand that you are responsible for all activity that occurs under your Account, even because of loss, damage, or theft of the device through which you access the platform.
Unless otherwise permitted by APP in writing, you may only possess one Account.
The platform is not available for use by persons under the age of 18 and may only be used by individuals who can form legally binding contracts under applicable law. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation services from Drivers unless they are accompanied by you or another adult. It is your sole responsibility to always wear helmets while riding the micro-mobility product. The micro-mobility product can be reserved by you for minors provided they are over 15 years of age and are permitted to use the product in the intended way under applicable laws in your jurisdiction. You are responsible for always ensuring that the minor wears a helmet and that they perform safety-checks on the micro-mobility product prior to use. You must educate the minor on the laws that apply to them in their use of the product and must always supervise their use. You are solely and exclusively responsible for the activity of minors that you make a reservation for and their use of the micro-mobility products.
You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the platform, and you may only use the platform for lawful purposes. You shall not, for the avoidance of doubt, use the platform to transport, facilitate or procure the transport of illegal or banned substances or items. You will not, in your use of the platform, cause nuisance, annoyance, inconvenience, or property damage, whether to a Driver, Restaurant Partner, other third-party provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the platform, and you agree that you may be denied access to or use of the PLATFORM if you refuse to provide proof of identity. Failure to comply with the terms of this section or of section 5 may result in our taking certain actions against you, including but not limited to: (i) immediate, temporary or permanent withdrawal of your right to use the PLATFORM (ii) legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach (iii) disclosure of such information to law enforcement authorities as we feel is necessary and/or (iv) immediate, temporary or permanent removal of any posting or material uploaded by you to our Service.
You agree not to use the App or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the App or Services in any way that could damage the App, Services, or general business of BonGeso.
You further agree not to use the App or Services:
To harass, abuse, or threaten others or otherwise violate any person's legal rights.
To violate any of our intellectual property rights or any third party.
To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
To perpetrate any fraud.
To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
To publish or distribute any obscene or defamatory material.
To publish or distribute any material that incites violence, hate, or discrimination towards any group.
To unlawfully gather information about others.
You shall be responsible for the cost of for damage to, or necessary cleaning of, Driver vehicles and property resulting from use of the Platform under your Account more than normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). If a Driver reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by us in App reasonable discretion, we reserve the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Driver using any of your payment methods. Such amounts will be transferred by us to the applicable Driver and are non-refundable.
The App and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our App is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your purchase of any of the products on the App is at your own risk. We do not assume responsibility or liability for any advice or other information given on the App.
You agree not to undertake any of the following actions:
a) Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on the App or Services.
b) Violate the security of the App or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user or network.
You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the App or Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select its legal counsel and may participate in its defense if we wish.
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the BonGeso de App including loss of data or information or any kind of financial or physical loss or damage.
In no event shall BonGeso, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
You are strictly prohibited from using the App or any of our Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
We may occasionally post links to third-party Apps or other services. You agree that we are not responsible or liable for any loss or damage caused because of your use of any third-party services linked to or from Our App.
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the App and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
This Agreement constitutes the entire understanding between the Parties concerning any use of this App. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this App.
We may need to interrupt your access to the App to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the App may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused because of such downtime.
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with Us, you may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
You agree that your use of the App and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the App or Services will meet your needs or that the App or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the App or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or because of the loss of your data from your use of the App or Services is your sole responsibility and that we are not liable for any such damage or loss.
We are not liable for any damages that may occur to you because of your use of the App or Services, to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
JURISDICTION, VENUE & CHOICE OF LAW: The terms herein will be governed by and construed in accordance with the laws of Nigeria without giving effect to any principles of conflicts of law. The Courts of Nigeria shall have exclusive jurisdiction over any dispute arising from the use of the App.
ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased, or otherwise transferred by us, the rights, and liabilities of BonGeso will bind and inure to any assignees, administrators, successors, and executors.
SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.
NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties because of this Agreement. No Party has any authority to bind the other to third parties.
FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances, i.e., COVID-19!
ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please use contact us form or email us at [email protected] you can also call us at +234 7015701647.
This document was last updated on April 23, 2022
