Terms & Conditions
Thanks for choosing to use the Bongo service (the Service). By accessing and using the Service you agree with Bongo Operations Pty Ltd a company incorporated in Australia (referred to as “we” or “us”) to be bound by and abide by the following terms and conditions. Your access to and use of the Service is also subject to our Privacy Policy (see link). These terms and conditions and our Privacy Policy may be changed by us at any time without prior notice to you.
1. The Bongo Service
1.1 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 which could affect your own or someone else’s life, wealth or general wellbeing.
1.2 When you submit a question to the Service we will use our best endeavours to get a correct answer to you as soon as possible. We will also do our best to ensure that information provided to you is accurate at the time of providing it to you. However we are not perfect and from time to time we make mistakes. In particular, we rely on other persons to provide us information and the information they supply may be incorrect. Because of this we do not make any promises about the accuracy of the information we provide to you or how up to date it is.
1.3 Specifically, with respect to Our response to any “who am I” type questions You accept and understand that:
(i) Our answer may indeed be correct and or accurate, but
(ii) frequently Our answer is not correct nor accurate and may in fact be entirely wrong and without any intention on Our part, possibly even offensive to You.
1.4 So that we can all enjoy the Bongo Service we need you to abide by some rules. Specifically, You agree:
(i) You will not use the Service in violation of any applicable law or regulation;
(ii) 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;
(iii) You will not misrepresent Your identity or Your contact details; and
(iv) You are fully authorised to employ the payment mechanism used to pay for the Service and by sending a question to the Service you agree that you will be charged a fee by us.
We will be relying upon each of these statements from You and you provide them to us every time You use the Service.
2. Payments
2.1 You agree to pay the fees for any Service requested by You or by any other person who is authorised by You to use Your payment device. The current fee for a question sent to our service including our response is $5.00. This fee may change from time to time.
3. Privacy and your personal information
3.1 Your privacy is very important to us. For information about our collection and use of information in connection with the Service, please read our Privacy Policy. If you specifically and knowingly provide any personal information to us via the Service, you consent to us lawfully using that personal information for example to provide promotional or other information to you.
4. Intellectual Property
4.1 We own, or have obtained a licence from a third party to use, all intellectual property rights in the operation of the Service including without limitation, copyright in the answers we provide you, rights in the list of questions and answers we maintain and rights in all of the technology used to compile and coordinate answers and our logos and trademarks.
4.2 When You submit a question to Us and We provide a response to You, You alone have Our permission to display or otherwise transmit it to a reasonable number of Your friends, family, and acquaintances. However, You may not supply that answer as part of any commercial enterprise or relationship or include it within a commercial publication.
4.3 By submitting a question or query to us you grant us a perpetual, royalty free licence to use that question in any lawful manner including without limitation the right for Us and anyone else We authorise to publish, display, transmit, translate, or create derivations from the question, anywhere in the world, for any purpose, and embodied in any media whatsoever (whether existing now or developed later).
5. Our Liability
5.1 If you use the Service, some legislation may imply certain non-excludable terms, conditions or warranties into the contract between us, or may give you certain non-excludable remedies against us (Statutory Rights). If we breach a non-excludable term, condition or warranty, then our liability for that breach will be limited to supplying the Service again or the payment of the cost of having the Service supplied again.
5.2 Except as expressly provided in these terms and conditions, or as required by law (including under your Statutory Rights), we exclude all warranties, undertakings, conditions, terms and obligations, of any kind (including warranties as to merchantability or fitness for a particular purpose), whether express or implied, relating in any way to the Service.
5.3 Without limiting the previous paragraph and except as required by law (including under your Statutory Rights), we will not be liable (including in negligence) for:
(i) any loss of profits, loss of revenue, or any direct, indirect or consequential loss or damage, incurred by or awarded against you or any other person arising directly or indirectly from your use of the Service; or
(ii) any cost, loss, liability or expense arising from death, personal injury or damage to property resulting directly or indirectly from your use of the Service.
5. Termination or suspension
5.1 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.
6. Amendment, assignment, and governing law
6.1 We can amend these Terms and Conditions and our Privacy Policy at any time without notice to you. Your continued use of this Service after any such changes constitutes your acceptance of the new Terms and Conditions. We will make reasonable efforts to bring any changes to the attention of our users, but you should also check this page regularly to familiarise yourself with any updates.
6.2 We can assign Our various rights under this agreement to any other person without asking Your permission. Your rights are personal and not assignable.
6.3 The laws of the State of Victoria, Australia govern these terms and conditions, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia to resolve any dispute that arises as a result of or in connection with this agreement.
6.4 These Terms and Conditions are to be interpreted so that they comply with all applicable Victorian laws and if any provision does not comply then it must be read down so as to give it as much effect as possible however, if it is not possible to give that provision any effect at all then it is to be severed from this agreement in which case the remainder of this agreement will continue to have full force and effect.
6.5 These Terms and Conditions and our Privacy Policy are the entire agreement between the parties as to their subject matter,
and supersede all prior or inconsistent statements or representations as to that subject matter.
7. If You need to contact Us
7.1 You can address any concerns or complaints about the Service to Us at the following address:
Bongo Operations Pty Ltd
PO BOX 2393
Richmond VIC 3121 Australia
8. Marketing Messages
By sending a text to Bongo you are opting into receiving marketing messages, to opt-out call 0800 421047
Bongo Terms and Conditions v.3
