Introduction

These Terms and Conditions (Terms/Terms of Use), together with any and all other documents referred to in this site, set out the terms under which you may use this website, https://boganto.com/ (“Site”, “Website”, “Online Store”, “Platform”, “Portal” and “Our Site”).

Please read these Terms of Use, Privacy Policy, Cookies Policy, Return and Refund Policy, Legal Disclaimer and Confidentiality Policy and ensure that you understand them.

Your agreement to comply with and be bound by these Terms and Conditions is mandatory and is deemed to occur upon your first use of our Site.

If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using our site immediately.

Definitions and Interpretations

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means an account required for a User to access certain areas of our site.

“Content” means any and all text, images, audio, video, feedbacks, reviews, scripts, code, software, databases and any other form of information capable of being stored on a computer or in any other digital or physical device or form, that appears on, or forms part of, Our Site;

“Our Site” Means this website, https://boganto.com/ and a reference to “Our Site” includes reference to any and all Webpages and Content included therein (including User Content unless exclusively stated otherwise);

“User” means a person who accesses Our Site; and

“We/Us/Our/Company” Means E-Sapiens Web LLP, a company registered in India, whose registered address is 54/104 SARYU MARG,

Access to Our Site

a. Access to Our Site is free of charge.

b. It is your responsibility to make any and all arrangements necessary in order to access Our Site.

c. Access to Our Site is provided “as is” and on an “as available” basis.

We may alter, suspend or discontinue Our Site (or any part of it) at any time and without any prior notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

Accounts

a. We collect your information with your permission as you register with us. We collect your following information;

• Full name;
• Username;
• Address, telephone number, and email id;
• Preferences, Feedbacks, Reviews, Opinions, Messages and Communications on our website, programs, products and services;
• Browsing activity on our website; and
• Payment Details and Billing information;

b. Certain parts of Our Site (including the ability to submit User Content) may require an Account in order to access them.

c. You may not create an Account if you are under 14 years of age.

If you are under 14 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account under their supervision and guidance.

d. When creating an Account, the information you provide must be accurate and complete. If any of your information changes in future, it is your responsibility to ensure that your Account and information is kept up-to-date.

e. We require that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and special characters.

It is your responsibility to keep your password safe.

You must not share your Account with anyone else.

If you believe your Account is being used without your permission, please contact us immediately.

f. We will not be liable for any unauthorised use of your Account.

g. You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

h. Any information provided in your Account will be collected, used and held in accordance with your rights and our obligations under the Data Protection Act.

i. If you wish to close your Account, you may do so at any time.

Closing your Account will result in the removal of your information.

Closing your Account will also remove access to any areas of Our Site requiring an Account for access. In accordance with privacy policy, all data associated with your account will be removed when your account is closed.

After closing an account, you may not be able to register a new account with the same credentials or login information, that was used previously for the closed account.

Website Intellectual Property Rights

a. With the exception of User Content, all Content on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by us. All Content (including User Content) is protected by applicable intellectual property laws and treaties.

b. Subject to the licence granted to Us hereunder, Users retain the ownership of copyright and other intellectual property rights subsisting in User Content submitted by them (unless any part of such User Content is owned by a third party who has given their express permission for their material to be used in the User Content).

c. For personal use (including research and private study) only, you may:

• Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
• Download any Content where we have provided a link enabling you to do so;
• Download Our Site (or any part of it) for caching;
• Save pages from Our Site for later and/or offline viewing;
• View and use User Content in accordance with the permissions displayed with that User Content.

d. You may not use any Content (including User Content) downloaded, copied, clipped, screenshots, printed or otherwise saved from Our Site for commercial purposes without first obtaining a licence to do so from Us, our licensors, or from the relevant User, as appropriate.

This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or customers.

e. You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given our express permission to do so.

f. You may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless clearly given express permission to do so. For further information, please contact us at ipcr@boganto.com

g. Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as appropriate) must always be acknowledged.

User Intellectual Property Rights

a. User Content included on Our Site and the copyright and other intellectual property rights subsisting in that User Content, unless specifically labelled otherwise, belongs to or has been licensed by the User identified along with that User Content. All User Content is protected by applicable intellectual property laws and treaties.

b. Subject to the rights to use Our Site, Users may not otherwise copy, distribute, publicly perform, publicly display, reproduce, or create derivative works based upon, each other’s User Content, without first obtaining the express written permission of the User to whom the User Content in question belongs.

c. Unless a particular User expressly states otherwise, the identity and ownership status of Users and User Content must always be acknowledged.

User Content

a. An Account is required if you wish to submit User Content.

b. You agree that you will be solely responsible for your User Content.

Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy.

c. You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein.

By submitting User Content, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate,

publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating, enhancing and promoting Our Site and related Sales and Revenues.

d. If you wish to remove User Content, you may do so by completing the Close Account form in your account. We will make reasonable efforts to remove the User Content in question from Our Site.

Removing User Content also revokes the licence granted to us to use that User Content.

Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of our reasonable control).

e. We may reject, reclassify, or remove any User Content from Our Site where, in our sole opinion, it violates Our Acceptable Usage Policy, or if we receive a complaint from a third party and determine that the User Content in question should be removed as a result.

Acceptable Usage Policy

a. You may only use Our Site in a manner that is lawful and that complies with the provisions of these Clauses. Specifically;

• You must ensure that you comply fully with any and all applicable local, national, and international laws and/or regulations;
• You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
• You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
• You must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons or organizations in any way.

b. When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:

• is sexually explicit;
• is obscene, deliberately offensive, hateful, or otherwise inflammatory;
• promotes violence;
• promotes or assists in any form of unlawful activity;
• discriminates against, or is in any way defamatory of, any person, group or class of persons, race, ethnicity, sex, religion, nationality, disability, sexual orientation, or age;
• is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
• is calculated or otherwise likely to deceive;
• is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
• misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause;
• implies any form of affiliation with Us where none exists;
• infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
• Is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

c. We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this Clause or any of the other provisions of these Terms and Conditions. Specifically, we may take one or more of the following actions:

• suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
• remove any of your User Content that violates this Acceptable Usage Policy;
• issue you with a written warning;
• take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
• take further legal action against you as appropriate;
• disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
• Any other actions which we deem reasonably appropriate (and lawful)
• We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Terms and Conditions.

Our Liability

a. To the fullest extent permissible by law, we accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content, Program, Product, Service Event, Offers, Discounts or Promotions (whether it is provided by Us or whether it is User Content) included on Our Site.

b. To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content (including User Content) included on Our Site.

c. Our Site is intended for non-commercial use only.

If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

d. We exercise all reasonable skills and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content (including User Content) from it) or any other site referred to on Our Site.

e. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorships.

f. Nothing in these Terms and Conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

Termination

We reserve the right, at its sole discretion, to immediately and without notice suspend or permanently deny your access to all or part of the website and associated services. The obligations contained herein will continue to apply to your past use.