Bango Care

Terms and Conditions

for the Use of the Bango Customer Care Application


IMPORTANT INFORMATION FOR APPLICATION STORES / PROVIDERS OF CONTENT THROUGH BANGO’S PAYMENTS PLATFORM WHO USE THE CUSTOMER CARE APPLICATION:

Application stores and other providers of content through Bango’s Payments Platform who use Bango’s Customer Care application are bound by the Terms and Conditions for Customers set out below. By using the Customer Care application, application stores and other providers of content through Bango’s Payments Platform are deemed to agree to the Terms and Conditions for Customers set out below.

IMPORTANT INFORMATION FOR INDIVIDUALS USING THE CUSTOMER CARE APPLICATION:

Individuals who use the Customer Care application are bound by the Terms and Conditions for Authorised Users set out below. By using the Customer Care application you are deemed to agree to the Terms and Conditions for Authorised Users set out below.


Terms and Conditions for Customers


1. Introduction and Definitions

  • 1.1. These Terms and Conditions regulate the provision by Bango of its Customer Care Application to Customer. By using the Customer Care Application through its Authorised Users, the Customer is deemed to agree to these Terms and Conditions.

  • 1.2. The (general) terms and conditions of Customer are not applicable to the provision by Bango of the Customer Care Application.
  • 1.3. These Terms and Conditions replace any terms and conditions that were declared applicable upon the conclusion of an earlier agreement.
  • 1.4. Definitions:
    • (a) “Authorised Users” means those officers, employees, consultants and other representatives of Customer who are expressly authorised by Customer to use the Customer Care Application.
    • (b) “Bango” means Bango.net Limited, a company registered in England and Wales with company registration number 3854965 and whose registered office is located at 5 Westbrook Centre, Cambridge CB4 1YG, United Kingdom.
    • (c) “Bango Payments Platform” means the payments platform provided by Bango to Customer from time to time which enables Customer to bill End Users for the purchase of Content through their mobile devices.
    • (d) “Customer” means the relevant application store, provider or developer of Content who uses the Bango Payments Platform.
    • (e) “Customer Care Application” means Bango’s customer care application located at http://customercare.bango.com from time to time. The customer care application comprises a reporting tool which allows Bango’s Customers to view transactions, and attempted transactions, for the purchase of Content by End Users through the Bango Payments Platform.
    • (f) “Content” means content provided by Customer to its End Users, whether such content is owned by Customer or is provided by Customer on behalf of a third party.
    • (g) “End Users” means end user customers of Customer who purchase, or attempt to purchase, Content of Customer using the Bango Payments Platform.
    • (h) “Party” shall mean Bango or Customer, as the case may be, and “Parties” shall mean both Bango and Customer.
    • (i) “Terms and Conditions” means the Terms and Conditions for Customers set out in this document.

2. Bango's Provision of the Customer Care Application

  • 2.1. In consideration of Customer agreeing to comply with these Terms and Conditions, Bango authorises Customer to use the Customer Care Application.

  • 2.2. Bango shall:
    • (a) Provide Customer with such number of logins for Customer’s Authorised Users for use by them of the Customer Care Application as the Parties may agree from time to time in writing.
    • (b) Provide access to the Customer Care Application through Customer’s Authorised Users.
    • (c) Provide Customer with separate login details to the Customer Care Application for each Authorised User.

2.3. Bango will keep and oversee the administration of a list of all Customer’s Authorised Users.

2.4. Bango reserves the right to reset and / or block Customer’s and / or Authorised Users’ accounts or use of the Customer Care Application:

  • (a) For security reasons; or
  • (b) Where improper use is found or suspected;
  • (c) Where Bango is notified or suspects that an Authorised User is no longer authorised to use the Customer Care Application.

3. Customer’s Obligations

  • 3.1. Customer shall use the Customer Care Application strictly in accordance with these Terms and Conditions. Customer’s ongoing use of the Customer Care Application shall be deemed to constitute its ongoing acceptance of these Terms and Conditions, as amended from time to time.

  • 3.2. Each login provided by Bango to Customer must be used:
    • (a) by a person who has been authorised by Customer to have access to the Customer Care Application and to the information contained in the Customer Care Application; and
    • (b) by the Authorised User it is allocated to. The login details of each Authorised User must be kept strictly confidential by that Authorised User; and
    • (c) in accordance with any permissions granted to them, and any terms notified to them or to Customer, by Bango from time to time.
  • 3.3. Customer shall follow all guidelines and directions provided by Bango from time to time relating to the access and use of the Customer Care Application.
  • 3.4. Customer may not do anything which directly or indirectly interferes with or disrupts the Customer Care Application, the servers or networks connected to the Customer Care Application.
  • 3.5. Customer is responsible for keeping its list of Authorised Users up to date and for ensuring that only Authorised Users have access to and use the Customer Care Application. Customer shall provide Bango with at least 5 (five) working days’ notice of any changes to its list of Authorised Users. In exceptional circumstances, where it is not physically possible to provide such notice (where for example an employee is dismissed with immediate effect), Customer shall provide Bango with notice with immediate effect of the relevant change.
  • 3.6. Customer shall oversee and be responsible for procuring Authorised Users’ proper use of the Customer Care Application and compliance with these Terms and Conditions.
  • 3.7. Customer shall ensure that all Authorised Users comply with the Terms and Conditions for Authorised Users (as amended from time to time) and shall actively monitor ongoing compliance with such Terms and Conditions for Authorised Users.
  • 3.8. Customer acknowledges that the information contained in the Customer Care Application is strictly confidential and may contain personal data. Accordingly, Customer is only authorised to use the Customer Care Application, and information and data in or derived from the Customer Care Application, for the following internal purposes:
    • (a) For transaction verification and auditing purposes;
    • (b) For accounting and financial auditing purposes;
    • (c) In order to respond to, manage and resolve queries and complaints from End Users relating to their transactions, or attempted transactions, for the purchase of Content using the Bango Payments Platform;
    • (d) In order to manage End User accounts with Customer.
  • 3.9. Anonymised and generic information, that is not personal in nature, contained in the Customer Care Application may be used by both of the Parties in the ordinary course of their businesses (by way of example only, for purposes such as the compilation of statistics and data analysis).
  • 3.10. Customer shall be solely responsible for implementing screening and security checks sufficiently robust so as to
    • (a) verify the identity, and
    • (b) protect the personal data and transaction-related data,
    • of End Users who contact Customer with queries in relation to their transactions through the Bango Payments Platform and / or any account they may hold with Customer.
  • 3.11. Customer may not disclose the whole or any part of the information or data in or derived from the Customer Care Application to any third party without the express prior written consent of Bango.

4. Content and Interpretation of the Customer Care Application

  • 4.1. The Customer Care Application reports upon transactions, and attempted transactions, for the purchase of Content by End Users through the Bango Payments Platform. Unless otherwise indicated in the Customer Care Application itself, the Customer Care Application does not report upon transactions carried out using credit cards. The data and information contained in the Customer Care Application is provided in good faith but without liability on the part of Bango.

  • 4.2. End User refunds may take place weeks or months after a transaction took place. The Customer Care Application should be interpreted accordingly.
  • 4.3. Information relating to End User spend is inclusive of any applicable tax. The Customer Care Application should be interpreted accordingly.

5. Data Privacy and Authorisation to Use Data

  • 5.1. Customer confirms that:
    • (a) It is authorised to disclose to Bango, and it has obtained all authorisations necessary to allow it to disclose to Bango, that Content, transaction and End User-related information Bango uses to create and operate the Customer Care Application;
    • (b) Bango is authorised to reproduce that information Customer passes to it on the Customer Care Application; and
    • (c) It is responsible for complying with the terms of the Data Protection Act 1998 (as amended, updated, superseded or replaced from time to time or any other relevant privacy laws from time to time) (“Privacy Laws”) as regards the collection, use and processing of the End User data Customer passes to Bango for use and processing on the Customer Care Application, and for informing its End Users of its policies relating to the same.

6. Liability

  • 6.1. Nothing in these Terms and Conditions excludes or is intended to exclude either Party's liability for fraud, wilful or gross negligence, intentional wrongdoing, personal injury or death.

  • 6.2. Bango accepts no liability:
    • (a) For loss of service or for failure to provide the whole or any part of the Customer Care Application.
    • (b) For the whole or any part of any data or information contained in the Customer Care Application.
    • (c) Arising from or relating to any use by Customer of the Customer Care Application and any data or information contained in the Customer Care Application.
  • 6.3. Customer shall be responsible for:
    • (a) Limiting access to and use of the Customer Care Application to Authorised Users.
    • (b) Procuring compliance by its Authorised Users with these Terms and Conditions and any instructions given by Bango in respect of the use of the Customer Care Application from time to time.
    • (c) Preventing any unauthorised use of the Customer Care Application, howsoever arising.
  • 6.4. Customer shall indemnify Bango against all liabilities, costs, expenses, damages and losses (including but not limited to any and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by Bango arising out of or in connection with:
    • (a) Customer’s breach or negligent performance or non-performance of these Terms and Conditions.
    • (b) Any claim made against Bango by a third party arising out of or in connection with the supply by Bango of the Customer Care Application, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of:
      • i. these Terms and Conditions by Customer or its Authorised Users.
      • ii. the Terms and Conditions for Authorised Users by its Authorised Users.
  • 6.5. Neither Party shall be liable to the other for any indirect, special or consequential loss including but not limited to any loss of profit or damage to reputation. This clause 6.5 shall not apply to liability arising in connection with these Terms and Condiions for damage caused by Customer’s fraud, wilful or gross negligence or intentional misconduct.
  • 6.6. Except:
    • (a) for breach of their confidentiality obligations in clause 8.5 below, or
    • (b) in cases of fraud, wilful or gross negligence, intentional misconduct, personal injury or death,
    • because the Customer Care Application is provided free of charge, in no event will Bango be liable to Customer for an amount greater than the lesser of: (i) those amounts received by Bango by way of payment from Customer under its agreement(s) with Customer relating to the provision of the Bango Payments Platform during the twelve month period prior to which such liability arose; and (ii) £1,000.

7. Term and Termination

  • 7.1. These Terms and Conditions shall take effect from the date Bango informs Customer of its ability to access of the Customer Care Application and shall terminate in accordance with this clause 7.
  • 7.2. Customer may terminate its use of the Customer Care Application at any time by giving Bango 30 (thirty) days’ written notice at any time.
  • 7.3. Bango may terminate its provision of the Customer Care Application at any time:
    • (a) by giving Customer 30 (thirty) days’ written notice at any time; or
    • (b) immediately without notice, upon termination of the agreement(s) between Bango and Customer relating to the provision of the Bango Payments Platform.
  • 7.4. The provision of the Customer Care Application may be terminated with immediate effect by either Party (“Terminating Party”) sending a written notice to the other (the “Breaching Party“) in the event that the Breaching Party commits (in the Terminating Party’s reasonable opinion):
    • (a) a material breach of these Terms and Conditions; or
    • (b) a series of breaches giving rise to a material breach of these Terms and Conditions; or
    • (c) a breach of any term of these Terms and Conditions and fails to remedy the same within 7 (seven) days of notice being provided by Terminating Party to Breaching Party requiring the same to be remedied.
  • 7.5. The provision of the whole or any part of the Customer Care Application may be terminated with immediate effect by Bango sending a written notice to Customer in the event that any Authorised User commits (in Bango’s reasonable opinion):
    • (a) a material breach of the Terms and Conditions for Authorised Users; or
    • (b) a series of breaches giving rise to a material breach of the Terms and Conditions for Authorised Users; or
    • (c) a breach of any term of the Terms and Conditions for Authorised Users and fails to remedy the same within 7 (seven) days of notice being provided by Bango to Customer requiring the same to be remedied.
  • 7.6. Either Party may terminate the provision of the Customer Care Application immediately upon written notice and without liability to the terminating Party if:
    • (a) a person who could reasonably be considered to be a competitor of the other Party acquires (directly or indirectly) control of such Party; or
    • (b) an insolvency event occurs (in the terminating Party’s reasonable opinion) in relation to the other Party; or
    • (c) any material provisions of these Terms and Conditions, or the provision by Bango of the whole or any part of the Customer Care Application, are or become illegal or unenforceable under any applicable law in any respect and the Parties have exhausted efforts to negotiate a replacement as required.
  • 7.7. The termination of the provision of the Customer Care Application shall automatically effect a termination of these Terms and Conditions as between the Parties.
  • 7.8. Any provision of these Terms and Conditions that expressly or by implication is intended to come into or continue in force on or after termination of these Terms and Conditions shall remain in full force and effect.
  • 7.9. Termination of these Terms and Conditions shall not affect any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Terms and Conditions which existed at or before the date of termination.

8. General Miscellaneous Matters

  • 8.1. Bango reserves the right to suspend the provision of the whole or any part of the Customer Care Application without notice or liability to Customer if Customer or any Authorised User commits (in Bango’s reasonable opinion):
    • (a) a material breach of these Terms and Conditions (or in the case of any Authorised User a material breach of the Terms and Conditions for Authorised Users); or
    • (b) a series of breaches giving rise to a material breach of these Terms and Conditions (or in the case of any Authorised User a series of breaches giving rise to a material breach of the Terms and Conditions for Authorised Users); or
    • (c) a breach of any term of these Terms and Conditions (or in the case of any Authorised User a breach of any term of the Terms and Conditions for Authorised Users) and fails to remedy the same within 7 (seven) days of notice being provided by Bango to Customer requiring the same to be remedied.
  • 8.2. Neither Party shall use or disclose for any reason in breach of the provisions of any Privacy Laws any Personal Data (as defined by the Data Protection Act 1998 (as amended, extended or re-enacted from time to time)) which it may receive in the course of the use of the Customer Care Application or the operation of these Terms and Conditions.
  • 8.3. Save as otherwise set out in these Terms and Conditions, Customer acknowledges that it will gain no rights (including but not limited to any and all intellectual property rights) whatsoever in:
    • (a) any software, hardware or any matter or thing comprising any Bango product, including but not limited to the Customer Care Application.
    • (b) the Customer Care Application.
    • (c) the data and information contained in or derived from the Customer Care Application.
  • 8.4. Any notice to be served under these Terms and Conditions will be sent by registered courier unless expressly agreed to be sent by electronic means:
    • (a) in the case of Bango, to the address specified above,
    • (b) in the case of Customer, to the address set out in its last signed agreement with Bango relating to the provision of the Bango Payments Platform,
    • or as notified to the other Party from time to time.
  • 8.5. Each Party agrees to keep confidential and secure any information which has been declared by the other Party to be confidential or which by its nature is confidential including but without limitation passwords or other security credentials or information concerning End Users, a Party's business or its customers which the receiving Party has received in connection with these Terms and Conditions or which it has access to through or which is generated by Customer's interactions with the Customer Care Application or the Bango systems, and shall not disclose it to any other person except to the extent that the relevant information:
    • (a) is already in the public domain;
    • (b) has already been generated independently by the receiving Party;
    • (c) is required to be disclosed by law or Governmental authority.
  • 8.6. Bango has the right to make changes to the functionality or specification of the Customer Care Application. Bango shall use its reasonable endeavors to provide 30 (thirty) days’ written notice of the same.
  • 8.7. Bango shall have the right to modify these Terms and Conditions from time to time. When these changes are made, Bango will make a new copy of the Terms and Conditions available on the Customer Care Application and alert Customer to these new Terms and Conditions. Customer understands and agrees that any use the Customer Care Application after the date on which the Terms and Conditions change, will signify Customer’s acceptance of the updated Terms and Conditions.
  • 8.8. Subject to clause 8.9, neither Party shall assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under these Terms and Conditions without the prior written consent of the other Party (such consent not to be unreasonably withheld or delayed).
  • 8.9. Bango may assign or transfer any or all of its rights and obligations under these Terms and Conditions to a member of its Group or any purchaser of either the entire issued share capital or substantially all of the assets or business of Bango from time to time. For the purposes of this clause “Group” shall mean any company that controls, is controlled by or is under common control of Bango from time to time, whether such control arises by virtue of the ownership of over 50% of the relevant company’s share capital or through the ability to elect a majority of the board of directors of that company from time to time.
  • 8.10. If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, Bango shall amend such provision in good faith so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions.
  • 8.11. Customer acknowledges that it has neither relied on any warranties or representations, other than those expressly contained in these Terms and Conditions, nor been influenced or induced by any other conduct, in making its decision to agree to these Terms and Conditions.
  • 8.12. No failure or delay by a Party to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
  • 8.13. Neither Party shall be liable for failing or delaying performance of its obligations under these Terms and Conditions resulting from any condition beyond its reasonable control and which could not have been prevented by having reasonable contingency plans in place.
  • 8.14. No one other than a Party to these Terms and Conditions and their permitted assignees shall have any right to enforce any of its terms, howsoever arising.
  • 8.15. These Terms and Conditions, their validity, construction and effect shall be governed by and construed in accordance with the laws of England and Wales. The Parties submit to the exclusive jurisdiction of the English courts in relation to any suit, action or proceeding arising out of or relating to these Terms and Conditions.

Terms and Conditions for Authorised Users


1. Introduction and Definitions

  • 1.1. These Terms and Conditions regulate Your use of Bango’s Customer Care Application.
  • 1.2. By using the Customer Care Application You are deemed to agree to these Terms and Conditions. If you do not agree to comply with these Terms and Conditions, Your use of the Customer Care Application is expressly prohibited.
  • 1.3. Definitions:
    • (a) “Authorised Users” means those officers, employees, consultants and other representatives of Customer who are expressly authorised by Customer to use the Customer Care Application.
    • (b) “Bango” means Bango.net Limited, a company registered in England and Wales with company registration number 3854965 and whose registered office is located at 5 Westbrook Centre, Cambridge CB4 1YG, United Kingdom.
    • (c) “Bango Payments Platform” means the payments platform provided by Bango to Customer from time to time which enables Customer to bill End Users for the purchase of Content through their mobile devices.
    • (d) “Customer” means the relevant application store, provider or developer of Content who uses the Bango Payments Platform and who authorises Your use of the Customer Care Application.
    • (e) “Customer Care Application” means Bango’s customer care application located at http://customercare.bango.com from time to time. The customer care application comprises a reporting tool which allows Bango’s customers to view transactions, and attempted transactions, for the purchase of Content by End Users through the Bango Payments Platform.
    • (f) “Content” means content provided by Customer to its End Users, whether such content is owned by Customer or is provided by Customer on behalf of a third party.
    • (g) “End Users” means end user customers of Customer who purchase, or attempt to purchase, Content of Customer using the Bango Payments Platform.
    • (h) “Party” shall mean Bango or You, as the case may be, and “Parties” shall mean both Bango and You.
    • (i) “Terms and Conditions” means the Terms and Conditions for Authorised Users set out in this document.
    • (j) “You” and “Your” refers to the person using the Customer Care Application, namely an Authorised Representative.

2. Bango's Authorisation for Your Use of the Customer Care Application

  • 2.1. In consideration of Your agreeing to comply with these Terms and Conditions, Bango authorises You to use the Customer Care Application.
  • 2.2. Bango shall provide You with a login to enable You to use the Customer Care Application.
  • 2.3. Bango reserves the right to reset and / or block Your access to the Customer Care Application:
    • (a) For security reasons; or
    • (b) Where improper use is found or suspected;
    • (c) Where Bango is notified or suspects that You are no longer authorised to use the Customer Care Application.

3. Your Obligations

  • 3.1. You shall use the Customer Care Application strictly in accordance with these Terms and Conditions. Your ongoing use of the Customer Care Application shall be deemed to constitute Your ongoing acceptance of these Terms and Conditions, as amended from time to time.
  • 3.2. You may only access and use the Customer Care Application in connection with the proper performance of Your duties owed to Customer.
  • 3.3. Your login must be used:
    • (a) only by You.
    • (b) in accordance with any permissions granted to You, and any terms notified to You, whether by Bango or by Customer from time to time.
  • 3.4. You must keep Your login details strictly confidential and must not disclose them to any person, including Customer, Bango or any other Authorised Users.
  • 3.5. You shall follow all guidelines and directions provided by Bango and Customer in relation to Your access and use of the Customer Care Application.
  • 3.6. You may not do anything which directly or indirectly interferes with or disrupts the Customer Care Application, the servers or networks connected to the Customer Care Application.
  • 3.7. You acknowledge that the information contained in the Customer Care Application is strictly confidential and may contain personal data. You are only authorised to use the Customer Care Application, and information and data in or derived from the Customer Care Application, for the following purposes:
    • (a) For transaction verification and auditing purposes;
    • (b) For accounting and financial auditing purposes;
    • (c) In order to respond to, manage and resolve queries and complaints from End Users relating to their transactions, or attempted transactions, for the purchase of Content using the Bango Payments Platform;
    • (d) In order to manage End User accounts with Customer.
  • 3.8. Anonymised and generic information, that is not personal in nature, contained in the Customer Care Application may be used by You strictly as directed by Customer in the ordinary course of its business (by way of example only, for purposes such as the compilation of statistics and data analysis).
  • 3.9. You must undertake screening and security checks as directed by Customer so as to:
    • (a) verify the identity, and
    • (b) protect the personal data and transaction-related data,
    • of End Users who contact Customer with queries in relation to their transactions through the Bango Payments Platform and / or any account they may hold with Customer.
  • 3.10. You must not disclose any information or data in or derived from the Customer Care Application to any third party without the express prior written consent of Customer.

4. Content and Interpretation of the Customer Care Application

  • 4.1. The Customer Care Application reports upon transactions, and attempted transactions, for the purchase of Content by End Users through the Bango Payments Platform. Unless otherwise indicated in the Customer Care Application itself, the Customer Care Application does not report upon transactions carried out using credit cards.
  • 4.2. End User refunds may take place weeks or months after a transaction took place. The Customer Care Application should be interpreted accordingly.
  • 4.3. Information relating to End User spend is inclusive of any applicable tax. The Customer Care Application should be interpreted accordingly.

5. Term and Termination

  • 5.1. These Terms and Conditions shall take effect from the date Bango informs You of Your ability to access the Customer Care Application and shall terminate in accordance with this clause 5.
  • 5.2. Bango may suspend Your use of the Customer Care Application at any time and for any reason.
  • 5.3. Bango may terminate Your use of the Customer Care Application at any time:
    • (a) by giving Customer 30 (thirty) days’ written notice at any time; or
    • (b) immediately without notice, upon termination of the agreement(s) between Bango and Customer relating to the provision of the Bango Payments Platform.
  • 5.4. The termination of the provision of the Customer Care Application shall automatically effect a termination of these Terms and Conditions.
  • 5.5. Any provision of these Terms and Conditions that expressly or by implication is intended to come into or continue in force on or after termination of these Terms and Conditions shall remain in full force and effect.
  • 5.6. Termination of these Terms and Conditions shall not affect any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Terms and Conditions which existed at or before the date of termination.

6. Liability

  • 6.1. Bango accepts no liability for loss of service or for failure to provide the whole or any part of the Customer Care Application.
  • 6.2. You shall indemnify Bango against all liabilities, costs, expenses, damages and losses (including but not limited to any and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by Bango arising out of or in connection with:
    • (a) Your breach or negligent performance or non-performance of these Terms and Conditions.
    • (b) any claim made against Bango by a third party arising out of or in connection with the supply by Bango of the Customer Care Application, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of these Terms and Conditions by You.
  • 6.3. Neither Party shall be liable to the other for any indirect, special or consequential loss including but not limited to any loss of profit or damage to reputation. This clause 6.3 shall not apply to liability arising in connection with these Terms and Conditions for damage caused by Your fraud, wilful or gross negligence or intentional misconduct.
  • 6.4. Except:
    • (a) for breach of their confidentiality obligations in clause 7.5 below; or
    • (b) in cases of fraud, wilful or gross negligence, intentional misconduct, personal injury or death,
    • because the Customer Care Application is provided free of charge, in no event will Bango be liable to You for an amount greater than £1,000.

7. General Miscellaneous Matters

  • 7.1. You shall not use or disclose for any reason in breach of the provisions of any Privacy Laws any Personal Data (as defined by the Data Protection Act 1998 (as amended, extended or re-enacted from time to time)) which You may receive in the course of Your use of the Customer Care Application.
  • 7.2. Save as otherwise set out in these Terms and Conditions, You acknowledge that You will gain no rights (including but not limited to any and all intellectual property rights) whatsoever in:
    • (a) any software, hardware or any matter or thing comprising any Bango product, including but not limited to the Customer Care Application.
    • (b) the Customer Care Application.
    • (c) the data and information contained in or derived from the Customer Care Application.
  • 7.3. Any notice to be served under these Terms and Conditions will be sent by registered courier unless expressly agreed to be sent by electronic means:
    • (a) in the case of Bango, to the address specified above,
    • (b) in the case of You, to the address provided by Customer as their address for the service of notices.
  • 7.4. Each Party agrees to keep confidential and secure any information which has been declared by the other Party to be confidential or which by its nature is confidential including but without limitation passwords or other security credentials or information concerning End Users, a Party's or the Customer’s business or its customers which the receiving Party has received in connection with these Terms and Conditions or which it has access to through or which is generated by Customer's interactions with the Customer Care Application or the Bango systems, and shall not disclose it to any other person except to the extent that the relevant information:
    • (a) is already in the public domain;
    • (b) is required to be disclosed by law or Governmental authority.
  • 7.5. Bango has the right to make changes to the functionality or specification of the Customer Care Application at any time.
  • 7.6. Bango shall have the right to modify these Terms and Conditions from time to time. When these changes are made, Bango will make a new copy of the Terms and Conditions available on the Customer Care Application and alert you to these new Terms and Conditions. You understand and agree that if You use the Customer Care Application after the date on which the Terms and Conditions change, Your continued use will signify Your acceptance of the updated Terms and Conditions.
  • 7.7. Subject to clause 7.8, neither Party shall assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under these Terms and Conditions without the prior written consent of the other Party.
  • 7.8. Bango may assign or transfer any or all of its rights and obligations under these Terms and Conditions to a member of its Group or any purchaser of either the entire issued share capital or substantially all of the assets or business of Bango from time to time. For the purposes of this clause “Group” shall mean any company that controls, is controlled by or is under common control of Bango from time to time, whether such control arises by virtue of the ownership of over 50% of the relevant company’s share capital or through the ability to elect a majority of the board of directors of that company from time to time.
  • 7.9. If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, Bango shall amend such provision in good faith so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions.
  • 7.10. You acknowledge that You have neither relied on any warranties or representations, other than those expressly contained in these Terms and Conditions, nor been influenced or induced by any other conduct, in making Your decision to agree to these Terms and Conditions.
  • 7.11. No failure or delay by a Party to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
  • 7.12. Neither Party shall be liable for failing or delaying performance of its obligations under these Terms and Conditions resulting from any condition beyond its reasonable control and which could not have been prevented by having reasonable contingency plans in place.
  • 7.13. No one other than a Party to these Terms and Conditions and their permitted assignees shall have any right to enforce any of its terms, howsoever arising.
  • 7.14. These Terms and Conditions, their validity, construction and effect shall be governed by and construed in accordance with the laws of England and Wales. The Parties submit to the exclusive jurisdiction of the English courts in relation to any suit, action or proceeding arising out of or relating to these Terms and Conditions.


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