Bango Terms and Conditions of Sale for BlackBerry WorldTM

  1. Definitions

    1. 1.1 'Application' means any Vendor software program or other downloadable digital content (together with any applicable documentation or end user license agreement) sold or licensed using the Bango System. Applications are normally licensed.
    2. 1.2 'Bango' means [Bango.net Ltd] with contact details at www.bango.com.
    3. 1.3 'Bango System' means the computer software and systems that enable Bango to provide the Service.
    4. 1.4 'the Service' means the services provided to You by the Bango System, including the sale or license of content via billing to your airtime service bill and additional services which are described at www.bango.com.
    5. 1.5 'Service Provider' means a third party which provides Bango with delivery and ancillary fulfilment services to facilitate your purchase. Service Provider may include Research In Motion Limited, Research In Motion E-Commerce S.à.r.l., Research In Motion E-Commerce Corporation, or Research In Motion E-Commerce Inc. or affiliates or successors thereof.
    6. 1.6 'Vendor' means an authorised BlackBerry World Vendor who has entered into a contract with Bango to sell Applications to users through the Bango System.
    7. 1.7 'You' means any individual who uses Bango acquire Application(s) using the Service.

  2. Commencement of Service

    1. 2.1 You are deemed to accept these conditions when you first use the Service, including by clicking a virtual button in BlackBerry World expressly agreeing to these conditions.

  3. Provision of Service

    1. 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.
    2. 3.2 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. 3.3 Bango will use all reasonable endeavours to ensure that Applications will not contain or promote anything defamatory, illegal or discriminatory. In the event of any complaint, email abuse@bango.com.
    4. 3.4 Each Application and your use of it is subject to the terms and conditions contained in Vendor’s end user license agreement, as set out on their website or wapsite or as otherwise provided to you by them. If a Vendor’s terms and conditions are not made available to you prior to the conclusion of your purchase, the following terms apply:
      • Bango grants to you a limited, non-exclusive, non-transferable right to install and use the Application on your mobile device. Except as permitted by the My World rules, you may not copy the Application, except to make a single archival copy. You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, lease or except to the extent provided for by applicable law reverse engineer or otherwise attempt to discover the source code or make derivative works of the Application. For open source licensed Applications, applicable open source license terms apply.
    5. 3.5 Neither Bango nor Service Provider provides any operational or technical support for Applications. The Vendor may provide such support.
    6. 3.6 Bango may suspend Your use of the Service where it is suspected that there is unauthorized or fraudulent use.

  4. Charges and Payment

    1. 4.1 Prices for Applications are determined by Bango and are subject to adjustment by Bango for taxes or currency exchange rates.
    2. 4.2 You will be notified of the price for an Application and asked whether you wish to to accept the charge before proceeding.
    3. 4.3 You agree and acknowledge that Your acceptance of a charge during the transaction process will entitle Bango to collect payment from your airtime service provider which will bill the charge to you. If You are a contract airtime customer (post-paid) You will see the charge on Your monthly phone bill. If You are a pay-as-you go (pre-paid) customer, the charge will be deducted from Your airtime credit.
    4. 4.4 If You subscribe to a subscription service You will be billed in accordance with the subscription frequency and price indicated at the beginning of the service. Prior to each renewal period You will be notified when the next payment is due with information about how to cancel the subscription. If the subscription is not cancelled prior to the renewal date, You no longer have the right to cancel or receive a refund and any cancellation will take effect from the following renewal period.

  5. Refunds and returns

    1. 5.1 All purchases are considered final unless:
      • The Application is not made available for download within a reasonable time period after the completion of your purchase, in which case You must notify Bango customer service within 30 days of your purchase by email to support@bango.com and Bango will, at its sole discretion either arrange to replace Your order or for Your purchase price to be refunded.
      • Bango is required by local laws and legislation in your jurisdiction to offer additional refund or warranty rights.
      • You feel your airtime account has been incorrectly debited, in which case You must notify Bango customer service within 30 days of your purchase by email to support@bango.com.
    2. 5.2 This returns policy does not apply in respect of any concerns or issues regarding the operation or performance of Applications.

  6. Personal Information

    1. 6.1 Bango will obey all applicable data protection laws, and will not use any personal information that may identify You (‘PI’) other than as required to fulfil Bango’s obligations to You or to Service Providers, Vendors, governmental, including tax, authorities, and Your airtime service provider in connection with a Purchase, under these Conditions. You consent to such use of Your PI being (a) collected (b) used (c) processed (d) transmitted and/or (e) disclosed to, or by Bango, our Service Providers, or Vendors for the purpose of providing the Service under these Conditions.
    2. 6.2 You acknowledge that your PI will be stored in servers in the United Kingdom and, as such UK and European Union data protection laws will apply. You hereby give your consent to PI collected by Bango being transmitted to the US. You acknowledge and agree that many Vendors are based outside of the EU, therefore Bango cannot guarantee they follow the same due diligence with regards to personal information as EU companies. Bango requires that Vendors post clear information about data collection practices as part of their own privacy policies.
    3. 6.3 The full details of Bango’s End User Privacy Policy are available at www.bango.com

  7. Termination

    1. 7.1 You may cancel this agreement at any time for any reason. No refunds will be due from Bango to you.

  8. Warranties

    1. 8.1 The Service is provided hereunder ”as is” and “as available” and Bango hereby excludes all conditions, endorsements, guarantees, representations, or warranties of any kind to the fullest extent permitted by applicable law.
    2. 8.2 You will have the benefit of the Vendor’s warranty (if any) with the Application supplied. You may also have other rights that vary by state, province, or country. Some jurisdictions may not allow the exclusion or limitation of implied warranties and conditions.

  9. Liabilities

    1. 9.1 To the maximum extent legally permitted, 1) Bango’s aggregate liability for direct damages under any legal theory shall in all circumstances be limited to the purchase price you paid Bango for the Application(s) acquired hereunder and that are most closely related to your damages and 2). Bango shall not be liable for any other damages under any circumstances.
    2. 9.2 To the maximum extent permitted by applicable law Bango shall not be liable for the quality or performance of Applications or for information or material accessed through the Service.
    3. 9.3 Nothing in this Agreement removes or limits Bango’s liability for death or personal injury caused by our negligence.

  10. General

    1. 10.1 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.
    2. 10.2 This Agreement may be assigned by Bango.
    3. 10.3 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 or in any way prejudice any right of that party under these terms and conditions.
    4. 10.4 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.
    5. 10.5 You agree to indemnify Bango for any loss, cost, damage or claim arising from the use of the Service or breach of these conditions.
    6. 10.6 You may not transfer pre-payments or any of your rights and responsibilities under this Agreement.