BAGMO TERMS OF SERVICE, APP LICENCE AND PRIVACY POLICY

BY ACCEPTING BAGMO PRIVATE LIMITED’ OFFER OF THIS APP AND DOWNLOADING IT, YOU AGREE TO THE BAGMO PRIVATE LIMITED TERMS OF LICENCE OF THE APP, TERMS OF SERVICE AND PRIVACY POLICY.  THESE ARE SET OUT IN FULL BELOW OR YOU MAY VISIT THE BAGMO WEBSITE AT HTTPS://INFO.BAGMO.CO/.  THE USE OF THE BAGMO QUEUE MANAGEMENT APP REQUIRES YOU TO ENTER PERSONAL INFORMATION ABOUT YOURSELF, INCLUDING YOUR NAME, EMAIL ADDRESS AND MOBILE PHONE NUMBER FOR RECEIVING CONFIRMATION MESSAGES AND STATUS UPDATES FROM YOUR BAGMO SERVICE PROVIDER.  BAGMO PRIVATE LIMITED RESPECTS YOUR PRIVACY AND WILL USE THIS INFORMATION IN ACCORDANCE WITH BAGMO PRIVATE LIMITED’ PRIVACY POLICY.

BEFORE CHECKING  THE “ACCEPT” CHECKBOX, PLEASE CAREFULLY READ ALL OF THESE TERMS AND CONDITIONS. THIS IS THE BASIS UPON WHICH BAGMO PRIVATE LIMITED AGREES TO PROVIDE THE BAGMO SERVICE AND PERMITS THE BAGMO APP TO BE USED BY YOU AND IT INCLUDES RESTRICTIONS ON BAGMO PRIVATE LIMITED’ LIABILITY IN RESPECT OF BOTH.

PLEASE NOTE: BAGMO SERVICE PROVIDERS DO NOT REPRESENT BAGMO PRIVATE LIMITED.  THEY ARE LICENSED BY BAGMO PRIVATE LIMITED TO USE THE BAGMO SOFTWARE SERVICE IN THE MANAGEMENT OF THEIR OWN, INDEPENDENT BUSINESSES. BAGMO PRIVATE LIMITED IS ALSO NOT RESPONSIBLE FOR THE WORKING OR FAILURE OF EQUIPMENT AND COMMUNICATIONS NETWORKS THAT YOU OR THEY MAY USE IN CONJUNCTION WITH THE BAGMO APP AND SERVICE.  AS A RESULT, BAGMO PRIVATE LIMITED DOES NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO YOU IF BAGMO SERVICE PROVIDERS FAIL TO USE BAGMO EFFECTIVELY OR IF AS A RESULT OF ANY SUCH MATTER ANY MESSAGES DO NOT REACH YOU CORRECTLY, ON TIME OR AT ALL.

1.          App Licence and Use of Service

The BAGMO app is licensed, not sold, to you and it and the BAGMO service may only be used upon the terms of this Licence, and BAGMO PRIVATE LIMITED reserves all rights with respect to the BAGMO app.  Use of the BAGMO app and service is subject to the following conditions:

(a)         BAGMO PRIVATE LIMITED’ licence to you of the app and the right to use the BAGMO service is personal.  You may not give the BAGMO app or transfer any rights under this licence or provide access to the BAGMO app or service to any other person.

(b)         YOU MAY NOT MAKE ANY COMMERCIAL USE OF THE BAGMO APP OR SERVICE – THAT IS, YOU MAY NOT OFFER ACCESS TO EITHER TO ANY OTHER PERSON FOR THE PURPOSE OF CONDUCTING A BUSINESS FOR YOURSELF OR FOR ANY OTHER PERSON.

(c)          You must provide all equipment, software communications necessary to use the BAGMO app and service, including compatible computer and/or mobile phone as specified by BAGMO PRIVATE LIMITED from time to time at https://www.info.BAGMO.com.au and suitable internet and/or messaging services with a telecommunications provider.  You will comply with any technical guidelines given by BAGMO PRIVATE LIMITED in this regard to enable the proper operation and use of the BAGMO app and service and will promptly implement any updates provided by BAGMO at no charge for this purpose.

(d)         You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the BAGMO service.

(e)         For the purpose of using the BAGMO service, you will be required to provide certain personal information. This information is needed by BAGMO in order to provide the BAGMO service, including the provision of information and app and service updates, as well as any commercial services relevant to your use of the service that you agree to receive, and will be held and used in accordance with BAGMO PRIVATE LIMITED’ PRIVACY POLICY. You agree that you will supply accurate and complete information through the BAGMO app and that you will update that information promptly if it changes.

(f)          During the set up of the BAGMO app and service for your use, you may be required to select a password (“Login Information”). The following rules govern the security of your Login Information:

(i)         You shall not share your Login Information, let anyone else access your account, or do anything else that might jeopardize the security of your use of the BAGMO app and service;

(ii)        In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify BAGMO PRIVATE LIMITED and modify your Login Information;

(iii)        You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, whether or not authorized by you; and

(iv)       You are responsible for anything that happens through your account with the BAGMO service.

(g)         BAGMO PRIVATE LIMITED reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.

(h)         You will not:

(i)         Interfere or attempt to interfere with the proper functioning of the BAGMO service or connect to or use the BAGMO service in any way not expressly permitted by these terms;

(ii)        Use any unauthorized third-party software that accesses, intercepts, “mines”, or otherwise collects information from or through the BAGMO service or that is in transit from or to the BAGMO service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the BAGMO service to store information about BAGMO PRIVATE LIMITED or its licensees;

(iii)        Intercept, examine or otherwise observe any proprietary communications protocol used by the BAGMO service, whether through the use of a network analyzer, packet sniffer or other devices;

(iv)       Use, facilitate, create, or maintain any unauthorized connection to the BAGMO service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the BAGMO service; or (2) any connection using programs, tools, or software not expressly approved by BAGMO PRIVATE LIMITED;

(v)        Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the app or any software underlying the BAGMO service or website or other intellectual property used to provide the BAGMO service or to obtain any information from the BAGMO app or service using any method not expressly permitted by BAGMO PRIVATE LIMITED; or

(vi)       upload or transmit or attempt to upload or transmit, without BAGMO PRIVATE LIMITED’ express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “PCM”).

(i)           The BAGMO app includes information confidential to BAGMO PRIVATE LIMITED.  You may not modify, alter, translate, dump, decompile, extract from, reverse engineer, disassemble, or otherwise reduce the BAGMO app to a human-perceivable form.  This restriction is to protect that confidential information.

(j)           All rights in the copyright in the BAGMO app any trademarks used in association with the BAGMO app and service are retained by BAGMO PRIVATE LIMITED or its licensors (as appropriate). You may not reproduce any part of the BAGMO app or website and will not use any trademarks or service marks of BAGMO PRIVATE LIMITED or any of its licensors without the express permission of such trademark or service mark owner.

2.          Termination

This licence will terminate automatically without notice from BAGMO PRIVATE LIMITED if you fail to comply with any provision of this Licence.  Upon termination, you must destroy the BAGMO app and all copies thereof. You may terminate this Licence at any time by destroying the BAGMO app and all copies thereof.

If the BAGMO Service Provider/s with whom you use the BAGMO app and service cease to be licensed for any reason, you acknowledge that you will not be able to use the BAGMO app and service with that/those Service Provider/s.

3.          Limited Warranty

(a)        BAGMO PRIVATE LIMITED will use its reasonable efforts to ensure that the BAGMO service remains operational on a continuous basis but you acknowledge that periods of downtime may occur from time to time.  At the time of download and for a period of 90 days thereafter, BAGMO PRIVATE LIMITED warrants that the BAGMO app and service will operate substantially in accordance with its published specifications on the BAGMO website at the time of download.  The operation of the BAGMO app and service may change and is warranted only in accordance with the current specifications of the BAGMO website from time to time, and so continued compliance of the BAGMO app and software with such specifications will depend on your prompt downloading and installing of updates.  All software and systems have errors and BAGMO PRIVATE LIMITED does not warrant that the BAGMO app and service will operate error-free but BAGMO PRIVATE LIMITED will make reasonable efforts to correct any such errors of which it becomes aware.

(b)        SUBJECT TO SECTION 4, THE LIMITED WARRANTIES PROVIDED ABOVE ARE THE ONLY WARRANTIES OF ANY KIND GIVEN BY BAGMO PRIVATE LIMITED IN RESPECT OF THE BAGMO APP AND SERVICE.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON OTHER THAN BAGMO PRIVATE LIMITED, INCLUDING ANY STATEMENT BY ANY BAGMO SERVICE PROVIDERS SHALL CREATE ANY OBLIGATION OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

5.          Disclaimer of Warranty

EXCEPT AS SET OUT IN SECTION 3 AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, BAGMO PRIVATE LIMITED DISCLAIMS AND EXCLUDES ALL AND ANY GUARANTEES, WARRANTIES AND CONDITIONS IN RESPECT OF THE BAGMO APP AND SERVICE.  ALL SOFTWARE AND SYSTEMS INCLUDE ERRORS, AND BAGMO PRIVATE LIMITED THEREFORE SUPPLIES THE BAGMO APP AND SERVICE “AS IS” WITHOUT WARRANTY AS TO THE CORRECTNESS, COMPLETENESS OR ACCURACY OF THE RESULTS OF USE, OR AS TO ANY BENEFITS OF USE OF ANY NATURE.

THIS EXCLUSION CANNOT AND DOES NOT ATTEMPT TO EXCLUDE, RESTRICT OR MODIFY ANY INEXCLUDABLE OR ILLIMITABLE RIGHTS YOU HAVE AS A RESULT OF THE OPERATION OF ANY LAW APPLICABLE TO YOUR DOWNLOAD OF THE APP.  THESE STATUTES MAY GRANT TO YOU A NUMBER OF RIGHTS, INCLUDING GUARANTEES OF ACCEPTABLE QUALITY AND FITNESS FOR A PURPOSE IN CERTAIN CIRCUMSTANCES.

You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. These rights may be lawfully limited in respect of goods or services not ordinarily acquired for personal, domestic or household use or consumption. To request a replacement or a refund, please send your written request to BAGMO PRIVATE LIMITED at [BAGMO PRIVATE LIMITED to insert address] by letter or email to [BAGMO PRIVATE LIMITED to insert email address for consumer queries].

6.          General

This Licence constitutes the entire terms and conditions between you and BAGMO PRIVATE LIMITED with respect to this BAGMO app and service and supersedes any other agreement, written or oral. If any provision of this Licence is held to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of this Licence, and the remainder of this Licence shall continue in full force and effect.

6.          Free-Trial Subscription

Bagmo will make the Free-Trial Services available to BAGMO Service Provider/s until the earliest of: (a) the end of the period specified in the applicable Free-Trial Period; (b) the start date of any Paid Order for the applicable Services; (c) termination by Bagmo, at any time, in its sole discretion; or (d) termination by BAGMO Service Provider/s. Additional terms and conditions, including Terms of Service, may apply to Free-Trial Services and the BAGMO Service Provider/s agrees any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.