Bponi. ("Bponi"/"we"/"us"/"our") owns and operates the Bponi website located at http://www.bponi.com ("Site") and the Bponi / Bponi Lite mobile applications available for download via various platforms ("Apps"), collectively referred to as the "Bponi Platform".
Please read these Terms carefully as they govern our relationship with our Members and your use of the Bponi Platform. By using the Bponi Platform, Members are agreeing to our Terms and Policies (Data Policy), which may be updated from time to time at our sole discretion. Bponi has created the Terms and Policies so that all Members follow the same basic rules of conduct. These Terms and Policies are here to benefit and protect everyone. Capitalized terms not defined in the body of these Terms are defined in Section 15.
Access to our mobile applications (Apps) is provided free of charge. Mobile carrier rates and fees, such as text messaging and data charges may apply. If you download the App from a third party platform provider (eg. App Store; Google Play) ("Platform Provider"), you acknowledge and agree to the following additional terms:
this Agreement is concluded solely between Bponi and you and not with Platform Provider, and Bponi not Platform Provider, is solely responsible for the App and the content thereof. To the extent this Agreement provides for usage rules for the App which are less restrictive or in conflict with the Platform Provider's Terms of Service, the more restrictive or conflicting Platform Provider term will take precedence and will apply;
Platform Provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. Bponi is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Platform Provider, and Platform Provider will refund the purchase price for App to you and to the maximum extent permitted by applicable law, Platform Provider will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Bponi's sole responsibility;
Bponi, not Platform Provider, is responsible for addressing any claims you may have or any third party relating to the App or your possession and/or use of the App, including, but not limited to:
product liability claims;
any claim that the App fails to conform to any applicable legal or regulatory requirement;
claims arising under consumer protection or similar legislation.; and/or
intellectual property infringement claims; and
Platform Provider, and Platform Provider's subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Platform Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
Bponi is free to use, including creating an account as well as downloading and using our Apps.
Transactions between Buyers and Sellers will vary in value and are negotiated directly between Buyers and Sellers. If you are a Seller you are committing to selling items at the cost agreed with a particular Buyer.
DISCLAIMER. THE INFORMATION AND MATERIALS PROVIDED ON THE BPONI PLATFORM ARE PROVIDED "AS IS." WE DO NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT:
THE INFORMATION OR MATERIALS ON THE BPONI PLATFORM ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE;
THE FUNCTIONS CONTAINED ON THE BPONI PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; OR
THE BPONI PLATFORM OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THE BPONI PLATFORM OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE BPONI PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Release. Because we do not control Buyers, Sellers or any Members, you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and our designees from claims, demands, and damages (actual and consequential) of every kind and nature, now and in the future, arising out of or in any way connected with your use of the Bponi Platform.
Members may terminate their account and/or stop using Bponi at anytime. Bponi reserves the right to, at any time, under any circumstances and without prior notice, immediately ban or terminate or suspend all or a portion of a member's account and/or access to Bponi. Cause for such termination shall include but is not limited to: Violations of the letter or spirit of these Terms or any other Policies that are referenced herein and/or posted on Bponi; A request by a member to cancel or terminate an account they opened; Discontinuance or material modification to Bponi or any party thereof; A request and/or order from law enforcement, a judicial body, or other government agency; where provision of the Bponi, or any component thereof, to a member is or may become unlawful; unexpected technical or security issues or problems; or participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Bponi in its sole discretion, and Bponi will not be responsible to any member or any third party for any damages that may result or arise out of such termination or suspension of an account and/or access to Bponi.
These Terms are governed by the laws of Bangladesh, without regard to conflict of laws principles. If anyone brings a claim against us related to a Member's actions, content or information on Bponi, that Member will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for member conduct, we do not control or direct Members' actions on Bponi and are not responsible for the content or information Members transmit or share on Bponi. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information that may be encounter on Bponi. We are not responsible for the conduct, whether online or offline, or any member of Bponi.
You agree that any cause of action that You may have arising out of or related to this Website or your use of the Bponi Platform must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
We do not permit copyright infringing activities and infringement of intellectual property rights and will remove any photos or other content if properly notified that such content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyright, you may submit a notification by providing our Copyright Agent with the following information in writing:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
your address, telephone number, and email address
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at email@example.com.
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