Terms of Use

Terms and Conditions

The terms and conditions apply to all users of the website, including merchants and customers.

We assume that by accessing this website, you agree to these terms and conditions. Do not use Bingage if you do not agree to all of the terms and conditions stated on this page.

These Terms and Conditions, Privacy Statement, and Disclaimer Notice, as well as all Agreements, use the following terminology: "Client", "You" and "Your" refers to you, the person who logs on to this website and is compliant with the Company’s terms and conditions.

"The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves.

All terms refer to the offer, acceptance, and consideration of payment required to begin the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of the provision of the Company's stated services, in accordance with and subject to Dutch law. Any use of the above terminology or other words in the singular, plural, capitalisation, and/or he/she or they is considered interchangeable and thus refers to the same.

License

Bingage IT Labs PVT Ltd owns all intellectual property rights to the website's content. All intellectual property rights remain unaffected. Subject to the restrictions set forth in these terms and conditions, you may access this from Bingage for your own personal use.

Any portion or functionality of the Services may not be modified, built upon, or blocked. Without our express written consent, no Services, nor any part of any Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.

Certain areas of this website allow users to exchange opinions through comments. Bingage IT Labs Pvt. Ltd. does not filter, edit, publish, or review Comments before they appear on the website. Comments do not reflect the views and opinions of Bingage IT Labs Pvt. Ltd., its agents, or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. Bingage IT Labs Pvt. Ltd. shall not be liable for the Comments or for any liability, damages, or expenses caused and/or suffered as a result of any use of, posting of, or appearance of the Comments on this website, to the extent permitted by applicable laws.

Bingage IT Labs Pvt. Ltd. reserves the right to monitor all Comments and to delete any Comments that are inappropriate, offensive, or violate these Terms and Conditions.

You represent and warrant that:

You are authorised to post the Comments on our website and have obtained all necessary licences and consents; the Comments do not infringe on any third party's intellectual property rights, including without limitation copyright, patent, or trademark; and the Comments do not contain any defamatory, offensive, indecent, or otherwise unlawful material that is an invasion of privacy.

The Comments will not be used to solicit or promote business or custom, nor will they be used to present commercial or unlawful activity. You hereby grant Bingage IT Labs Pvt. Ltd. a non-exclusive licence to use, reproduce, edit, and authorise others to use, reproduce, edit, and authorise others to use, reproduce, and edit any of your Comments in any form, format, or media.

Content & Copyright

The Services contain information and data owned or licenced by Bingage, its suppliers, or licensors (including text, images, photos, videos, audio, and documents) ("Bingage Content"). The Services and Bingage Content may be protected by copyright, trademark, patent, trade secret, and other laws, and Bingage owns and retains all title, interest, and right, including all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivale rights, as between you and Bingage.

User Content:

You are solely liable for all User Content and the consequences of submitting User Content via the Services. We make no claims about the accuracy, quality, content, or legality of User Content. We have the option, but not the obligation, to review, analyse, filter, edit, block, or remove any User Content. We are not liable for preventing or detecting infringement of intellectual property rights or failure to comply with applicable laws. Bingage will not be liable for any damage or loss caused or alleged to be caused by or in connection with User Content, either directly or indirectly.

Prohibited Content

When using the Services or gaining access to certain content, it is prohibited. You acknowledge that using the Services in connection that: (i) contains graphic or gratuitous violence; (ii) conveys a message of hate against any individual or group; (iii) encourages or glorifies illegal drug use; (iv) is predatory in nature, or is submitted for the purpose of harassment or bullying; (v) is highly repetitive and/or unwanted including "Spam" messages; (vi) promotes or incites racism, bigotry, hatred or physical harm of any kind against any group or individual; (vii) constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (viii) furthers or promotes criminal activity or provides instructional information about illegal activities, or (ix) violates or attempts to violate the privacy rights.

Content Liability

Anything that appears on your website is not our responsibility. You agree to defend us from any claims made against us on your website. No link(s) should be displayed on any website that could be construed as libellous, obscene, or illegal, or that violates, encourages the violation of, or infringes upon, the rights of any third party.

Compliance With Laws

You guarantee and represent that all applicable laws will be followed in using the Services. It is your responsibility to ascertain whether the Services satisfy any legal requirements that may apply to you. If the Services do not satisfy your requirements as required by Applicable Law, Bingage will not be liable.

Privacy, Data Protection and Anti-Spam Laws

You represent and warrant that you will use the Services in accordance with all Applicable Laws. It is your responsibility to determine whether the Services meet your legal obligations. Bingage will not be liable if the Services fail to meet your needs in accordance with Applicable Law.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies
  • Search engines
  • News organizations
  • We may consider and approve other link requests from the following types of organizations:

    • commonly-known consumer and/or business information sources
    • dot.com community sites
    • online directory distributors
    • internet portals

    We will approve link requests from these organisations if we determine that: (a) the link will not reflect negatively on us or our accredited businesses; (b) the organisation has no negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates for the absence of Bingage IT Labs Pvt. Ltd.; and (d) the link is in the context of general resource information.

    These organisations may link to our home page as long as the link: (a) is not misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) is appropriate for the context of the linking party's site.

    If you are one of the organisations listed in paragraph 2 above and would like to link to our website, please contact us by e-mail at Bingage IT Labs Pvt. Ltd. Please include your name, the name of your organization, and contact information, as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of any URLs on our site to which you would like to link. Please allow 2-3 weeks for a response.

    Approved organizations may hyperlink to our Website as follows:

    • By use of our corporate name; or
    • By use of the uniform resource locator being linked to; or
    • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
    • No use of Bingage IT Labs Pvt. Ltd.'s logo or other artwork will be allowed for linking absent a trademark license agreement

    Third-Party Services

    All right, title, and interest in and to the Services (excluding Content provided by Users) are and will remain the exclusive property of Bingage and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Bingage name or any of the Bingage trademarks, logos, domain names, and other distinctive brand features.

    If you use or purchase Third-Party Services, you grant us: (i) access to any accounts you have with such Third-Party Services, as well as permission to share your Merchant Data and User Content with the Third-Party Service provider; and (ii) permission to access or otherwise process your Merchant Data and use your User Content as required for the operation of the Third-Party Services.

    The Third-Party Service provider may import or export data pertaining to your Accounts, activity, and/or content, as well as collect data from you and your customers in other ways. We are not responsible for the disclosure, use, modification, or deletion of your Merchant Data or User Content, and we will not be liable to you or any third party for Third-Party Services' access to your Merchant Data or User Content.

    Cookies

    Cookies are used by us. By using Bingage, you agreed to use cookies in accordance with Bingage IT Labs Pvt. Ltd.'s Privacy Policy.

    Most interactive websites use cookies to allow us to retrieve the user's information for each visit. Cookies are used by our website to enable the functionality of certain areas, making it easier for visitors to our website. Some of our affiliate/advertising partners may also use cookies.

    Term & Termination

    This Agreement will begin when you or any of your Users access the Services for the first time and will end when bingage provides you with written notice that it is terminating this Agreement. When a Subscription Term automatically renews in accordance with your Selected Subscription Plan.

    In accordance with the terms of the Selected Subscription Plan, you may terminate it or decline to renew the Subscription Term. Where no renewal process or term is specified in your Selected Subscription Plan, the Subscription Term will be for one month and will automatically renew for successive periods of one month each, unless you notify us that you do not wish to renew at least two weeks before the end of the then-current term, unless otherwise specified in your Selected Subscription Plan.

    Termination Rights

    We reserve the right, in our sole discretion, to immediately suspend or terminate your access to the Services, including if you violate this Agreement or Applicable Law or fail to pay fees when due.

    Merchant Data

    If you are a Merchant, at the end of the Subscription Term, you will be able to extract certain Merchant Data of your customers, such as name and points balance, for a period of 48 hours following termination. bingage will determine the format of the Merchant Data. Following this period, bingage reserves the right to delete all User Content and Merchant Data and cancel your Accounts with us at any time. We may retain archived copies of User Content and Merchant Data in archived versions of the Services for an archive cycle.

    Publicity

    You authorise bingage to display, reproduce, and use your name and logo for promotional and marketing purposes.

    Your Privacy

    Read our privacy policy.

    Reservation of Rights -

    We reserve the right to request that you remove all links to our Website, or any specific link to our Website. You agree to remove all links to our website immediately upon request. We also reserve the right to change these terms and conditions and the linking policy at any time. By continuously linking to our Website, you agree to be bound by and follow these linking terms and conditions.

    Removal of links from our website

    If you discover a link on our Website that is offensive for any reason, please contact us immediately. We will consider requests to remove links, but we are under no obligation to do so or to respond directly to you.

    We do not guarantee the accuracy or completeness of the information on this website, nor do we guarantee that the website will remain available or that the material on the website will be kept up to date.

    Disclaimer

    To the greatest extent permitted by applicable law, we disclaim all representations, warranties, and conditions relating to our website and its use. Nothing in this disclaimer is intended to:

    limit or exclude our or your liability for death or personal injury; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit or exclude any of our or your liabilities in any way not permitted by applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.

    The liability limitations and prohibitions set forth in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, tort, and breach of statutory duty.

    We will not be liable for any loss or damage of any kind as long as the website and its information and services are provided free of charge.

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