Welcome to the platform of Bongo IoT.
Bongo IoT is an intelligent platform for fleet and asset management automaton, constantly endeavoring to connects an organization's assets, processes, and people under one umbrella, leveraging intelligent telematics and smart mobility solutions. “Bongo IoT” is powered by Bongo Technology Ltd. with its Corporate Office at House 1102 (1st floor), Road 2/B, Sector 05, Uttara, Dhaka1230- filed under Bangladesh 1994 Company Act.
This document explains the terms by which you may use our applications, website and software (collectively “platform”) provided on or in connection with the services (collectively the “Services”). In this document, by “the company”, “we” or “us” we refer “Bongo IoT” and the teams.
Application is available on iOS, Android operating systems as well as desktop/laptop computers, smartphones and tablets. This allows the Application Users (hereinafter referred to as “User”) to track fleet and asset and to conduct automated vehicle inspection for providing a comprehensive fleet/asset management system as per requirement of the fleet/asset manager (s).
By accessing or using the Services, you signify that you have read, understood, and agree to be bound by this Terms of Service and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Services. This Terms of Service apply to all visitors, users, and others who access the Services (“Users”).
The terms and conditions stated herein (collectively, the “Terms and Conditions” or this “Agreement”) constitute a legal agreement between the User and Bongo IoT. This agreement is subject to change anytime without prior notice. We may modify or change the terms and conditions and the new agreement shall be in effect as soon as it is uploaded on our platform. We recommend you to read the document every time before using the Service of Bongo IoT. If you do not agree to or fall within these terms and wish to discontinue using our platform, please do not continue using the Application (as defined below) or the software.
You must be of legal age in order to accept the Terms. If you do not agree to these Terms, do not use any of our Services. You can accept the Terms by registering in the Services or by actually using the Services.
According to Bangladesh Commercial Law, the user would be the individuals can form legally contracts under the applicable law (i.e., individuals must be at least 18 years of age to be eligible to be User). By Driver User, Bongo IoT implies any individuals who has valid driving license issued by respective authority in Bangladesh. As a User of Bongo Driver App, can add your vehicle to this platform and connect with the Fleet Manager/Owner under this agreement with limited liability stated in user terms.
To become a registered and verified User of Bongo Driver, there is a proper procedure defined by the company to verify you and your vehicle(s) as identifiable and to avoid any kind of misconduct in this platform (Bongo IoT) or claim the needful in specific event. An individual can become a registered User by downloading the App and inputting login information as provided by his/her fleet manager.
As a Bongo Driver User, you undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity.
By registering as our verified Bongo Driver User, you represent, warrant, undertake and agree that:
• You possess a valid Driver’s license and are authorized to operate a motor vehicle and have all the appropriate licenses, approvals and authority to provide transportation for hire to third parties in the jurisdiction in which you use the Service;
• You shall own, or have the legal right and authority to operate the vehicle which you intend to use and provide Driver Inspection Reports, Expense Reports, Accident Reports, Breakdown Reports, Trips Reports etc.
• You shall be solely responsible for any data and reports generated from your inputs in the Bongo Driver App which might cause loss or damages of the fleet manager/fleet owners which is due to or is alleged to be a result of your conduct.
• You shall obey all organizational compliance and local laws related to the operation of fleet management, goods transportation, fleet maintenance and will be solely responsible for any violations of such organizational compliance and local laws;
• You will not use the Platform to cause nuisance, annoyance to the other users.
By registering to Bongo Driver App and providing your email/mobile number, you expressly agree to receive different types of notifications and messages from Bongo IoT and your fleet managers/owner by email or SMS from time to time.
Bongo IoT's offerings include intelligent telematics platform (dashboard and/or applications), customized IoT solutions, and sustainable integration services for different industries. The digital platform provides an array of services such as real-time fleet and asset tracking, trip/task history overview, geofencing, geo-based notifications, field task management, real-time communication, fleet costs calculation, fuel consumption, vehicle maintenance scheduling, related Apps, tools and other support services.
As the User of Bongo Driver App, you may use the Services of real-time vehicle and/or asset tracking with Mobile apps for the Driver Vehicle Inspection Reports, Accident Reports, Expense Reports etc. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.
The Company reserves the right to modify, vary or change the terms and conditions of this Agreement or its policies relating to the Service at any time as it deems fit. Such modifications, variations or changes to the Terms and Conditions policies relating to the Service shall be effective upon the posting of an updated version at Bongo IoT.
“Personal Data” means information about you, from which you are identifiable, including your name, identification card number, trips information, vehicle information etc. These data may be collected, stored, used and processed by the software itself to generate analytical report for the fleet manager/fleet owner from time to time. Personal information you provide to Bongo IoT through the Service is governed by Bongo IoT (https://www.bongoiot.com/privacy-policy). Your election to use the Service indicates your acceptance of the terms of the Bongo IoT Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information.
You may use Bongo Driver App Services for purposes identified in these Terms and applicable law. You are not allowed to:
1. use the Bongo Driver App or any part or element of the Services to commit a crime, breach any applicable law or entice or invite others to carry out such illegal actions;
2. copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the Bongo Driver App Services or any part or element thereof, or attempt to extract the source code thereof.
Bongo IoT does not allow hidden tracking or tracking of a person without his/her permission, or assets without the owner’s permission.
Bongo Technology Ltd. is the sole owner or lawful licensee of all the rights to the website/Application and its content of Bongo IoT platform including Bongo Driver App. Bongo IoT platform and Bongo Driver App’s name, logo, the Service, the Software and/or the Application and the third-party integrators’ logos and the product names associated with the Software and/or the Application are trademarks of the Company or third parties, and no right or license is granted to use them. The Terms of Use for the User do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors.
Any content and software made for this service (available to you) are protected by copyright, trade dress, trade secrets, and trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws. Your use of the Bongo IoT platform and Bongo Driver App and its Services and marketing materials, and any parts or elements does not grant you any ownership right or intellectual property rights.
Bongo IoT reserves the right to terminate the account of a User upon any infringement of the rights of others in conjunction with use of the Bongo IoT platform, Bongo Driver App and its Service, or if The Company believes that User(s) conduct is harmful to the interests of Bongo IoT, its affiliates, or other partners and users, or for any other reason in Bongo IoT's sole discretion, with or without cause.
Any claim against the Company by you in any way connected with the service, Application and/or the software shall be limited to certain clause of particular event analyzed by the company.
Hence, in any event, the company shall have no responsibility or liability whatsoever for any damages, injuries, losses of any kind whatsoever suffered by you as the User of this platform and your Customer (the end user), either directly or indirectly, because of your act or omission or lack of control over the vehicle or awareness of the road or any other cause that is attributable to you during the course of the service. Similarly, and in any event, the company shall not be held responsible or liable in any manner whatsoever for any damage, injuries, losses of any kind whatsoever suffered by you, either directly or indirectly, by the action or omission of your customer.
You agree to defend, indemnify and hold harmless Bongo IoT and its affiliates, and their respective directors, officers, employees and agents, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Bongo IoT platform, its marketing materials, representations made to the Bongo IoT platform, its affiliates and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Bongo IoT reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Bongo IoT, and you agree to cooperate with such defense of these claims.
You expressly understand and agree that the use of the services is at your sole risk. The services are provided on an as-is-and-as-available basis. Bongo IoT expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Bongo IoT makes no warranty that the services will be uninterrupted, timely, secure, or error free. Use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, smart phone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by you from Bongo IoT, its employees or representatives shall create any warranty not expressly stated in the terms of services.
In another event, Bongo IoT will not be responsible if User(s) gets summed by any legal action because of breaching the terms and conditions or miss-presentation of any information to the end-customer(s) and vice –versa.
You shall not disclose any information relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company received under the contract of service with the Company to any third party. Access to any information which pertains to business of Bongo IoT shall be kept confidential to the extent it might adversely impact Bongo IoT’s business. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement. You shall be liable to indemnify Bongo IoT against any loss of business or reputation due to the act of yours.
You must not disclose the credentials provided to you to use the platform during the contract period.
The service, the application and/or the software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you being faulty, not connected, out of range, switched off or not functioning. The company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
Bongo IoT shall take all the responsibilities and reasonable efforts in occurrence of system failure. The company may also suspend the operation for support or technical upgradation, maintenance work, in order to upgrade the content of any other reason. In this case, the User shall reserve a backup copy of the contents (images, description, analytics report).
The company reserves the universal right to deny access to particular User to any/all of its service without any prior notice or explanation in order to protect the interest of website/Application or other users. We have the right to temporarily or permanently terminate access of any user for any of the following reasons:
• If it concludes that users have provided any false information in connection with the registration or are engaged in fraudulent or illegal activities.
• The User(s) breaches any provision of the terms and conditions or this agreement.
You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement.
In the event of a dispute between you and Bongo IoT on matters specified in the Terms of Service or in connection therewith, Bongo IoT and you will take all measures to resolve them through negotiations.
If no settlement during negotiations, the disputes shall be resolved in the court defined by Bongo IoT.
For any grievances related to Terms and Conditions for Use of Platform please contact at
info@bongoiot.com
General questions regarding the Bongo IoT platform and its Services should be sent
to support@bongoiot.com
Legal notices shall be mailed to:
Bongo technology Ltd.
House: 1102 (1st Floor), Road 2/B, Sector 5, Uttara, Dhaka-1230