Terms of Use

Last modified: (Jan 7, 2019)

Please read these Terms and Conditions (“Terms” or “Terms and Conditions”) carefully before using the Bhonga mobile application (“Services” or “Bhonga” or “Application” or “App”or “Platform”) and Bhonga website, and any of its sub-pages (“Bhonga Website”) or the Services and/or Website individually or together (“Portal”)operated by Linkus Infratech Private Limited OPC (“Our” or “We” or “Linkus” or “LIPL”).

Any person accessing the Portal or the Bhonga Website (“User” or “Users” or “You”) shall be bound by these Terms and all other rules, regulations, guidelines, notes, procedures provided by the said Portal at any or all places in the said App or provided by Linkus in relation to any of its Services.

Linkus has created a mobile application called Bhonga as follows:

  1. ✔ The Application with its full features is available only on Android and iOS devices;
  2. ✔ The Application is available with view-only features on the Website platform, which will be linked to the data created on the App, but the Website is view-only and no commenting/posting is allowed;
  3. ✔ The Application shall allowthe User to send the other Users the following 2 types of content:
    • ○ Non-emergency messages including but not limited to information, queries, opinion, offers in the form of text messages, pictures, videos, links, voice messages and others; and
    • ○ Emergency Messages will be in the form of text message and/or voice message and/or video messages or any other media.
  4. ✔ The ‘homepage’ of the said App will also show the Users content moderated by the team at Linkus;
  5. ✔ The User is bound by the guidelines for use (“App Guidelines”) uploaded in the App window for the User’s understanding of the App’s motto, guidelines for use and guidelines for posting content;
  6. ✔ If the User fails to read, peruse or abide by the said App Guidelines, the Company shall not be held responsible for the posts by the User.

NO ACCESS TO EMERGENCY SERVICES: There are important differences between Bhonga and your mobile and fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service.

BHONGA IS IN NO WAY RESPONSIBLE TO BRING YOU ANY EMERGENCY SERVICES OR ASSISTANCE AND DOES NOT GUARANTEE ANY HELP DURING EMERGENCY, AND IN NO MANNER TAKES ANY RESPONSIBILITY FOR THE KIND OF HELP OR RESPONSE RECEIVED FROM ANY OTHER USER AND/OR BHONGA SUPPORT IN ANY MANNER WHATSOEVER. THE USER IS RESPONSIBLE FOR POSTING THE EMERGENCY AND ANY/ALL CONSEQUENCES THAT FOLLOW UPON POSTING SUCH EMERGENCY TO THE PUBLIC INCLUDING BUT NOT LIMITED TO THE SCENARIOS ENVISAGED BY THESE TERMS OR ANY OTHER GUIDELINES ESTABLISHED BY BHONGA.

ALL BHONGA USERS ARE BOUND BY TERMS CONTAINED HEREIN WHICH INCLUDE A BINDING ARBITRATION CLAUSE, ARBITRATION BEING AT MUMBAI ONLY, WHICH STATES THAT, EXCEPT IF YOU OPT OUT EXPRESSLY AND THE SAME IS ACCEPTED BY LINKUS BY A SEPARATELY EXECUTED INSTRUMENT, BHONGA AND YOU AGREE TO RESOLVE ALL DISPUTES THROUGH A BINDING ARBITRATION CLAUSE, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A COURT.

1. About our services

Registration. You must register for our Services using accurate data, provide your current mobile phone number, and, if you change it, update the same. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.

Age. You must be of legal age to accept these Terms and other policies appended herewith. If you are not old enough to have authority to agree to our Terms, your parent or guardian must agree to our Terms on your behalf.

Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.

Fees and Taxes. You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.

2. Privacy policy and user data

Bhonga cares about your privacy. Bhonga’s Privacy Policy describes our information (including message) practices, including the types of information we receive and collect from you and how we use and share this information. You agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy.

3. Acceptable use of our services
Our Terms and Policies. You must use our Services according to our Terms and posted policies and App Guidelines. If we disable your account for a violation of our Terms, You will not create another account without our permission.
Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes.

You will abide by the App Guidelines and understand the purpose and object of the said App, and post content accordingly.

You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Bhonga, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whateveror are threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes or sedition; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.

Harm to Bhonga or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.
Keeping Your Account Secure. You are responsible for keeping your device and your Bhonga account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
4. Third-party services

Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

5. Licenses

Your Rights. Bhonga does not claim ownership of the information that you submit for your Bhonga account or through our Services. You must have the necessary rights to such information that you submit for your Bhonga account or through our Services and the right to grant the rights and licenses in our Terms. Bhonga is in no way responsible for the content posted by You, and You claim and acknowledge full responsibility for any action and/or consequences that flow not only from your posts but also your reaction to such posts as well, including but not limited to offering any help in emergency situations.

Bhonga’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, and other intellectual property rights unless you have our express permission.

Your License to Bhonga. In order to operate and provide our Services, you grant Bhonga a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services.

Bhonga’s License to You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms and the said App Guidelines. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Reporting third-party copyright, trademark, and other intellectual property infringement. We may terminate your Bhonga account if you repeatedly infringe the intellectual property rights of others.

Linkus is committed to helping people and organizations protect their intellectual property rights. Our users agree to our Terms and App Guidelines by installing, accessing, or using our App, services, features, software, or Website. Our Terms do not allow our users to violate someone else's intellectual property rights when using our Services, including their copyrights and trademarks.

6. Copyright

To report copyright infringement and request that Bhonga remove any infringing content it is hosting, please email a completed copyright infringement claim to reachus@bhonga.co (including all of the information listed below). You can also mail a complete copyright infringement claim to Bhonga's copyright agent:
Linkus Infratech Private Limited OPC
Attn: Chetan Thakkar
Office No: 505, Nyati Emporius, Mahalunge, Pune-411045
reachus@bhonga.co
Before you report a claim of copyright infringement, you may comment on the relevant post to the inform the relevant Bhonga user you believe may be infringing your copyright. You may be able to resolve the issue without contacting Bhonga.

Trademark.

To report trademark infringement and request that Bhonga remove any infringing content it is hosting, please email a complete trademark infringement claim to reachus@bhonga.co (including all of the information listed below).

Before you report a claim of trademark infringement, you may want to send a message to the relevant Bhonga user you believe may be infringing your trademark. You may be able to resolve the issue without contacting Linkus.

What to include in your copyright or trademark infringement claim to Linkus:
Please include all of the following information when reporting a copyright or trademark infringement claim:

  • ● Your complete contact information (full name, mailing address, and phone number). Note that we regularly provide your contact information, including your name and email address (if provided), the name of your organization or client who owns the rights in question, and the content of your report to the person whose content you are reporting. You may wish to provide a professional or business email address where you can be reached
  • ● A description of the copyrighted work or trademark that you claim has been infringed.
  • ● A description of the content hosted on our Services that you claim infringes your copyright or trademark.
  • ● Information reasonably sufficient to permit us to locate the material on our Services. The easiest way to do this is by providing us the post details, location, timings etc. of the individual who has submitted the infringing content on our Services.
  • ● A declaration that:
    • ○ You have a good faith belief that use of the copyrighted or trademarked content described above, in the manner you have complained of, is not authorized by the copyright or trademark owner, its agent, or the law;
    • ○ The information in your claim is accurate; and
    • ○ You declare that you are the owner or authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed.
7. Cookies

Bhonga does not use cookies to monitor your use.

8. Disclaimers

YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “BHONGA PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.

9. Limitation of liability

THE BHONGA PARTIES INCLUDING LINKUS WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE BHONGA PARTIES INCLUDING LINKUS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF RUPEES (RS. 1,000/-) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, WHICHEVER IS LOWER. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE BHONGA PARTIES INCLUDING LINKUS WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless Linkus and all its affiliates, subsidiaries, associates, agents, partners from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

11. Other

  • ● Unless a mutually executed agreement between You and us states otherwise, our Terms make up the entire agreement between you and us regarding Bhonga and our Services, and supersede any prior agreements.

  • ● We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.

  • ● Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.

  • ● Our Terms are written in English. If you require a translated version, you may obtain the same at your own cost and effort. If you have downloaded our App, or used our Services in any manner whatsoever without perusing or understanding the said Terms, we do not take any responsibility or liability for it. We have displayed the said Terms at a conspicuous location in the App for your perusal and further shall prompt you with an opportunity to peruse the said Terms upon downloading the App. To the extent any translated version of our Terms conflicts with the English version, the English version prevails.

  • ● Any amendment to or waiver of our Terms requires our express consent.

  • ● We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. You agree to review our Terms from time to time.

  • ● All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

  • ● You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.

  • ● Nothing in our Terms will prevent us from complying with the law.

  • ● Except as contemplated herein, our Terms do not give any third-party beneficiary rights.

  • ● If we fail to enforce any of our Terms, it will not be considered a waiver.

  • ● If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.

  • ● We reserve all rights not expressly granted by us to you.

  • ● We always appreciate your feedback or other suggestions about Bhonga and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

12. Greivance Officer

In accordance with Information Technology Act, 2000 and rules made thereunder, necessary details of the Grievance Officer who can be contacted with respect to any complaints, questions, comments or concerns with respect to this Policy are provided below:

Grievance Officer: Chetan Thakkar – Team lead
Address: 505, Nyati Emporius, Mahalunge, Pune 411045
Email ID: reachus@bhonga.co