Bantoo Play Terms of Service

This user agreement will be effective for all users from January 16th, 2024. (Version 1.1)
Last revised on: January 16th, 2024

Welcome to Bantoo Play!

 

These are the rules, terms and conditions of the contract you agree to when using the services of Bantoo Play. These Terms of Service are set by Bantoo Pay Ltd. and its subsidiaries and affiliates, including but not limited to Bantoo Pay Africa SAS and Bantoo Investment Group (collectively, “Bantoo Play,” or “we” or “us” or “our”) are the rules that govern your use of the Bantoo Play ecosystem and platform. The Terms apply whether you as a user act as yourself, a seller or a pro user, or both. For example, if you're using Bantoo Play as a seller, then Section 4 ("Using Bantoo Play as a Seller in the Market Place") would apply to you; if you're using Bantoo Play as a Pro user, then Section 5 ("Using the Ecosystem as a user or/and Pro user") would apply to you, etc. In addition to these rules, you should check out our "Community Guidelines" as well as our "Privacy Policy" that apply to anyone using Bantoo Play.

 

The Ecosystem located collectively in the dashboard of the following URLs https://mybantoolink.com, https://bantoochat.com and also standing alone in the URL https://bantooplay.com and various related products and services offered through the Ecosystem, including without limitation any integrated iOS or Android mobile applications (together referred to as the " Ecosystem") is a copyrighted work belonging to Bantoo Pay Ltd ("Bantoo Play", "us", " our", and " we"). Certain features of the Ecosystem may be subject to additional guidelines, terms, or rules, which will be posted on the Ecosystem in connection with such features. All such additional terms, guidelines, and rules are available at https://bantooplay.com/legal are incorporated by reference into these Terms of Service (and collectively may be referred to as the " Bantoo Play Policies" or simply the " Terms").

 

These Terms set forth the legally binding terms and conditions that govern your use of the Ecosystem. By accessing or using the Ecosystem, you are accepting BOTH these Terms and our Privacy Policy, available at https://bantooplay.com/legal, on behalf of yourself or the entity that you represent. You represent and warrant that you have the right, authority, and capacity to enter into BOTH these Terms and the Policy (on behalf of yourself or the entity that you represent). You may not access or use the Ecosystem or accept the Terms or the Policy if you are not at least 13 years old. Do not access and/or use the Ecosystem if you do not agree with all of the provisions of these Terms and the Policy.

 

These terms require the use of arbitration (Section 14.2) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

 

 

1. Accounts

 

1.1. Account Creation and Deletion. In order to use certain features of the Ecosystem, you must register for an account ("Account") and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Ecosystem, which subject to Section 10 below, you acknowledge and agree will permanently delete your Account and all your User Content (defined below) from our databases. Bantoo Play may suspend or terminate your Account in accordance with Section 10.

 

1.2. Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Bantoo Play of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Bantoo Play cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

 

 

2 . General Access to Bantoo Play and the Ecosystem Bantoo Link and Bantoo Chat

 

2.1. License and Use. Subject to these Terms and except as expressly stated herein, Bantoo Play grants you a non-transferable, non-exclusive, revocable, limited license to: (a) use and access the Ecosystem solely for your own personal use; and (b) use our logo, Bantoo Play name, copyright and trademarks solely to promote the features of the Ecosystem, including if you are a Pro User or a Content Owner, to promote your Benefits to your potential friends and followers (as such terms are defined below). Bantoo Play reserves the right, at any time, to modify, suspend, or discontinue the Ecosystem (in whole or in part) and any license(s) granted to you hereunder with or without notice to you. You agree that Bantoo Play will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Ecosystem or any part thereof. You acknowledge and agree that Bantoo Play will have no obligation to provide you with any support or maintenance in connection with the Ecosystem.

 

2.2. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Ecosystem, whether in whole or in part, or any content displayed on the Ecosystem except as expressly stated herein; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Ecosystem; (c) you shall not access the Ecosystem in order to build a similar or competitive Ecosystem, product, or service; and (d) except as expressly stated herein, no part of the Ecosystem may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Ecosystem shall be subject to these Terms. All copyright and other proprietary notices on the Ecosystem (or on any content displayed on the Ecosystem) must be retained on all copies thereof.

 

2.3. Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Ecosystem and its content are owned by Bantoo Play or Bantoo Play's suppliers. Neither these Terms (nor your access to the Ecosystem) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Bantoo Play and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

 

2.4. Feedback. If you provide Bantoo Play with any feedback or suggestions regarding the Ecosystem ("Feedback"), you hereby assign to Bantoo Play all rights in such Feedback and agree that Bantoo Play shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Bantoo Play will treat any Feedback you provide to Bantoo Play as non-confidential and non-proprietary. You agree that you will not submit to Bantoo Play any information or ideas that you consider to be confidential or proprietary.

 

 

3 . User Content

 

3.1. User Content. " User Content" means any and all information and content that a user submits to, or uses with, the Ecosystem including without limitation photographs, images, videos, likeness, appearance, voice, text, audio, full name, pseudonyms and any other audiovisual content, for example, in the user's profile or content postings and/or submissions to the Ecosystem. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Community Guidelines (available at https://bantooplay.com/legal,). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Bantoo Play. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates our Community Guidelines. Although Bantoo Play will make efforts to preserve your User Content, is not obligated to backup any User Content, and your User Content may be deleted. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

 

3.2. Your License to Us. In part because you can submit User Content to the Ecosystem where it may be displayed to other users, you hereby grant (and you represent and warrant that you have the right to grant) to Bantoo Play an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Ecosystem. In addition to the foregoing, you hereby grant to Bantoo Play an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to factually list your full name, pseudonyms, likeness, appearance, and/or logos on our Ecosystem and marketing materials solely to indicate that you are a user of the Ecosystem. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. The purpose of this License is to enable us to operate the Ecosystem and make your User Content available through the Ecosystem consistent with the Ecosystem's intended features and functionality. We will never seek to "steal" your User Content or use your User Content in a manner that is inconsistent with your rights in your User Content.

 

 

4 . Using Bantoo Play as a Seller in the Market Place

 

4.1. Definitions. You are defined as a "Seller" if you use the Ecosystem to sell products and items or to offer paid services to other users of the Ecosystem in exchange for payments benefits, which may be facilitated through the Ecosystem's Marketplace. The said payment benefits may include, without limitation, access to products or services that is exclusive to your Buyers (collectively, "The sellers and buyers"), the ability for your Buyers to pay and receive the products and/or service they pay for, and/or merchandise or other tangible items that you ship to them using the shipping methode or Bantoo Play of your choice, to the postal address they provided to you (collectively, "Benefits"). If you are using the Ecosystem as a Marketplace to conduct your transactions, then the provisions of this Section 4 apply to you and shall prevail in the event of any conflict with any other provisions of these Terms.

 

4.2. Seller and Buyers Payments, Fees & Refunds. When you sell a product or a service as a Seller through the Ecosystem, we facilitate the payments process made by your Buyers to you. The payment processing, including refunds, shall be managed by the payment platform Bantoo Pay and other payment methods integrated on Bantoo Play and utilized by the Ecosystem from time to time and may include the use of a third-party payment processing service provider 4.2.1 Payments Made to You.

 

(A) If The Ecosystem utilizes Bantoo Pay Wallet for payments made by your Buyers through the Ecosystem, you agree that any such payments shall be collected and processed via Bantoo Pay Wallet available at https://bantoopay.com ("Bantoo Pay"), and that in order to use the Ecosystem as a Seller you must: (a) create your own Bantoo Pay account; (b) agree to and abide by all of Bantoo Pay's own legal terms and conditions; and (c) cooperate with us in order to properly integrate your Bantoo Pay account with the Ecosystem, as reasonably directed by us. Payments made by your Buyers will be transfered directly by Bantoo Play into your Bantoo Pay account in a timely manner after deduction of the following fees: (i) certain processing fees which are applied by Bantoo Pay, or which are applied by banks and/or other financial institutions not affiliated with us (collectively, "Processing Fees"); (ii) the "Bantoo Play Platform Fee" which is 10% of all payments received by sellers from their Buyers/clients and, if you do not Opt-Out of Bantoo Play's Issued Refunds (as defined in Section 4.2.2(B) below), Bantoo Play will also deduct (x) five percent (5%) of gross revenues as a reserve for refunds, and (y) will deduct any applicable refunds. Bantoo Play reserves the right to change the Bantoo Play Platform Fee at any time.

 

(B) If the payment processing is managed by Bantoo Play, via Bantoo Pay methods, without the use of third-party provider Bantoo Pay, you agree that payments shall be directly transfered to you by Bantoo Pay utilizing an automated clearing house (“ACH”) or wire transfer. You will be notified if this form of payment processing is selected by Bantoo Play, at which time Bantoo Play will request ACH or wire transfer information from you. Payments due to you will be calculated by Bantoo Play at the end of each month and will include deductions for (i) the Bantoo Play Platform Fee (as defined in Section 4.2.1(A)(ii) above), (ii) any applicable Processing Fees (as defined in Section 4.2.1(A)(i) above), and, if you do not Opt-Out of Bantoo Plays Issued Refunds (as defined in Section 4.2.2(B) below), Bantoo Play will also deduct (x) five percent (5%) of gross revenues as a reserve for refunds, and (y) will deduct any applicable refunds. Payments will be made to you in a timely manner.

 

You can review all Processing Fees and the applicable Bantoo Play Platform Fee within the 'settings' section of your Account. Notwithstanding anything to the contrary herein, we may hold or block certain payments in the event that these Terms (including any of our additional terms, guidelines, and rules) have been violated, for legal or tax compliance reasons (including if we suspect any fraudulent activity), or as otherwise required by Bantoo Pay, any other third-party service provider, or any applicable legal or regulatory authority. Please contact Bantoo Play for more details.

 

4.2.2 Refunds (other than for Bantoo Play Coins). The Bantoo Play’s default position is that it will issue a refund on your behalf for any reason when requested by a Buyer and Bantoo Play will manage the refund process. You have the option to Opt-Out of Bantoo Play's Issued Refunds, as described in more detail in sub-section (B) below.

 

(A) If Bantoo Play manages the refund process, Bantoo Play will issue the refund on your behalf. If Bantoo Play chooses to manage the refund process using Bantoo Pay, you hereby authorize Bantoo Play to issue the refund via your Bantoo Pay account. For the avoidance of doubt, if you do not Opt-Out of Bantoo Play Issued Refunds, the deductions specified in Section 4.2.1(A)(x) and (y) and Section 4.2.1(B)(x) and (y) will be made by Bantoo Play for any payments transfered to you, in addition to deductions for the Bantoo Play Platform Fee and Processing Fees.

 

(B) If you do not want Bantoo Play to manage or issue refunds on your behalf, you must notify Bantoo Play in writing that you Opt-Out of Bantoo Play Issued Refunds, in which case you will manage and issue all refunds, if any, using your Bantoo Pay account. If you Opt-Out of Bantoo Play Issued Refunds, the deductions specified in Section 4.2.1(A)(x) and (y) and Section 4.2.1(B)(x) and (y) will not be made by Bantoo Play to any payments transfered to you, but only deductions for the Bantoo Play Platform Fee and Processing Fees will be made.

 

4.2.3 Refunds (for Bantoo Play Coins). Notwithstanding anything contained herein to the contrary, including Section 4.2.2 above, but in any case, subject to Section 5.7(B) and (C) below, Bantoo Play always maintains the right to make refunds for Bantoo Play Coins. Even if Sellers Opts-Out of having Bantoo Play issue refunds pursuant to Section 4.2.2(B) above, Sellers will not have the ability to issue Bantoo Play Coins refunds.

 

4.3. Taxes. We do not manage, account for, or make any tax withholdings in connection with applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges, whether now in force or enacted in the future (collectively, "Taxes"), except that we may collect your tax identification information and report such information to the relevant tax authorities to the extent we are legally required to do so. To the maximum extent permitted by law (unless explicitly stated otherwise), all Processing Fees and the Bantoo Play Platform Fee are exclusive of any Taxes. You are responsible for payment of all Taxes relating to your use of the Ecosystem as a Seller. If we are obligated to pay or collect any Taxes that you have paid or will pay based on your use of the Ecosystem as a Seller, you agree that you are ultimately responsible for such Taxes and that we may collect the payment amount for such Taxes from you.

 

4.4. Other Restrictions. You may not use the Ecosystem or sell any products or/and itmes or offer/sale any services, which in any manner violate these Terms, including all of our additional terms, guidelines, and rules. Please read our Community Guidelines carefully, which are available at https://myBantoo Play.com/legal. You are responsible for keeping the data and information of your buyers secure and you acknowledge and agree that no person under the age of 13 is permitted to use the Ecosystem.

 

4.5. Data ownership and Protection. Bantoo Play may share relevant Buyers with Seller, as outlined in Bantoo Play's Data Processing Agreement, and Seller may collect Buyer's Data, in both cases, solely for the purpose of enabling Seller to provide sales, products and/or services to its Buyers.

 

Bantoo Play and Seller acknowledge and agree that Seller’s provision of products/items or services to Buyers may extend outside of the Services provided by Bantoo Play and may continue after Seller has ceased to use Bantoo Play's Services. For the avoidance of doubt, if Seller offers products/items or services to Buyers, including offering merchandise, Seller is solely responsible for any such Sales and releases Bantoo Play from any and all responsibility, liability, claims, costs, or expenses associated therewith.

 

Further, Seller is responsible for following all applicable data privacy laws with respect to the Buyers Data shared with Seller or collected by Seller, including complying with any data erasure requests from Buyers or Bantoo Play. Seller agrees to indemnify, release, and hold Bantoo Play and its affiliate companies harmless from any claims that Buyer Data has been handled in violation of any such laws. Seller further agrees that it shall continue to abide by any applicable data privacy laws following the expiration or termination of the Bantoo Play Policies and/or this Agreement as they apply to Buyers.

 

Seller will not be required to delete or return to Bantoo Play any Buyer's Data in Seller’s possession following the expiration or termination of the Bantoo Play Policies and/or this Agreement as they apply to Seller, unless such deletion or return is required by applicable data privacy laws.

 

Bantoo Play shall immediately inform Seller in writing if it becomes aware of a circumstance that would require the deletion or return of any Buyer's Data.

 

4.6 Communication Moderation by Seller. Sellers in their sole determination may remove or modify any Buyer message, and/or request that Bantoo Play remove Buyer from their list of clients.

 

4.7 Closing an Account. In the event a Seller wishes to close their Account, Bantoo Play reserves the right to: (i) Inform all past and pending Buyers that the Seller account is closing; (ii) Post and/or provide to all past and pending/ongoing Buyers the Seller's email address; and (iii) Cancel all pending/ongoing orders and issue refunds to all Buyers that have pending/ongoing orders.

 

4.8 Changing of Fees or Additional Charges to Buyers using External Tools. In the event a Seller changes prices or creates additional charges to Buyers using external tools outside of the Bantoo Play environment, Bantoo Play reserves the right to cancel the orders and issue refunds to affected Buyers and to close the Account.

 

 

5. Using the Ecosystem as a User or/and Pro user

 

5.1. Paid Pro user account Subscriptions. The Ecosystem allows you to subscribe to a Pro user account Subscription and thereby pay montly Pro User fees through paid Pro user account subscriptions, (each, a " Pro user account Subscriptions"). By signing up for a Pro user account subscriptions, you agree to pay the specified montly subscription fees (collectively, "Subscription Fees") associated with such Pro user account subscription, as indicated on the Ecosystem.

 

Such Subscription Fee may be collected and processed via Bantoo Pay (https://bantoopay.com) and/or Bantoo Pay (https://bantoopay.com) and/or PayPal (https://www.paypal.com) (collectively, our "Billing Service Providers"), which have their own legal terms. You will be required to provide us and/or our Billing Service Provider with information regarding your credit card or other payment method. You represent and warrant that such information is true and that you are authorized to use the payment method. Depending on the Pro user account subscriptions, there may be a one-time fee or recurring Subscription Fees. For recurring Subscription Fees, we will bill or charge you in regular automatically renewing intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time either through the Ecosystem or by contacting the relevant support team.

Subscription Fees may also be paid for using Bantoo Play Coins at the rates set by Bantoo Play at the time of initial subscription and subscription renewal.

 

Please also review our policy for in app purchases in Section 12 ("Mobile Applications") below. In the event of any conflict between this Section 5.1 and Section 12, then Section 12 will prevail. You acknowledge and agree that in certain situations you may lose access to the Benefits offered by a Pro user account, including without limitation in the case you cancel your Pro user account subscriptions, your payment method(s) fail, Bantoo Play moderation team decides to block your Account, or Bantoo Play decides to delete your Account on the Ecosystem.

 

5.2. Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all Subscription Fees are exclusive of applicable Taxes (defined above). You are responsible for payment of all applicable Taxes relating to your use of the Ecosystem, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Subscription Fees you've paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes; for example, if you are located in the EU we may add VAT to the total charges for Subscriptions Fees.

 

5.3. Payment Failures. If your payment fails or if a Pro user account subscriptions is otherwise not paid for or paid for on time, the Bantoo Play may cancel or revoke your access to the Pro user account through the Ecosystem. If you contact your bank or credit card issuer to decline or reverse the charge of Subscription Fees for a Pro user account subscriptions, we may revoke your access to the Ecosystem in general.

 

5.4. Automatic Renewal. To ensure uninterrupted service, payments for any recurring Pro user account, subscriptions are automatically renewed. This means that unless you cancel a Pro user account subscriptions before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable Subscription Fees (as well as any Taxes). By default, your Pro user account subscriptions will be renewed for the same interval of time as your original subscription period. For example, if you purchase a one month subscription, you will be charged for each monthly subscription period thereafter. We may charge your account up to one month before the end of the subscription period. It is your responsibility to make sure that you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal may be determined automatically based on the date of the original purchase and in such event cannot be changed.

 

5.5. Canceling Automatic Renewal. You can manage and cancel your subscription for any Pro user account subscriptions either through the Ecosystem (under 'manage subscription' within 'settings') or by contacting the relevant support team.

 

5.6. Fee Changes. Bantoo Play may change the Subscription Fees at any time, or start charging Subscription Fees for Benefits that were previously free. When applicable, Bantoo Play may give you advance notice of the Subscription Fee changes. If you don't agree with the Subscription Fee changes, you must cancel your subscription to the Pro user account subscriptions or you will be charged in accordance with the new Subscription Fees.

 

5.7.Refunds
A) While you may cancel your Pro user account subscriptions at any time, refunds are not issued unless otherwise required by applicable law. For the avoidance of doubt, if the owner of a Pro user account cancels his account without giving a legitimate resaon for the cancellation, Bantoo Play will not issue refunds. If a Pro user account does provide a legitiate reason of the cancelation due to Bantoo Play technical failure, refunds will be issued to the owner of the Pro. The refund will be made based on Bantoo Play's sole discretion.

1. 
   B) Refunds for Voortex Coins purchases from the Bantoo Play Ecosystem are issued by Bantoo Play, unless otherwise required by applicable law.
2. 
   C) Refunds for Coins purchases from the Bantoo Play App are subject to the terms contained in Section 12 below.

 

5.8. Content+
When you purchase Content+ (as defined in Section 13 below) you will have access to exclusive Bantoo Play Content+ materials, as long as you have a Bantoo Play Pro user account and that the Creator of the Content that are on Content+ continues to make their content available through Bantoo Play.

6. Indemnification

 

You agree to indemnify and hold Bantoo Play (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Ecosystem, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Bantoo Play reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Bantoo Play. Bantoo Play will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

 

7. Third-Party Links & Ads; Other Users

 

7.1. Third-Party Links & Ads. The Ecosystem may contain links to third party web sites and services, and/or display advertisements for third parties (collectively, "Third-Party Links & Ads"). Such Third-Party Links & Ads are not under the control of Bantoo Play, and Bantoo Play is not responsible for any Third-Party Links & Ads. Bantoo Play provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

 

7.2. Other Users. Each Ecosystem user is solely responsible for any and all of its own User Content. Because we do not control User Content, including without limitation any Benefits offered by any User account, you acknowledge and agree that we are not responsible for any User account Content, Benefits, or Paid Subscription, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User, Pro User, Content, Benefits, or Paid Subscription. Your interactions with other Ecosystem users, whether Creators, Pro User, Groups Members, Marketplace Sellers and Buyers, are solely between you and such users. You agree that Bantoo Play will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Ecosystem user, whether a Creators, Pro User, Groups Members, Marketplace Sellers and Buyers, we are under no obligation to become involved.

 

7.3. Release. You hereby release and forever discharge Bantoo Play (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Ecosystem (including any interactions with, or act or omission of, other Ecosystem users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

 

 

8. Disclaimers

 

THE ECOSYSTEM IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND BANTOO PLAY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE ECOSYSTEM WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE ECOSYSTEM, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

 

9. Limitation on Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BANTOO PLAY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE ECOSYSTEM, EVEN IF BANTOO PLAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE ECOSYSTEM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

 

10. Term and Termination

Bantoo Play Account Holders may terminate their Account at any time. Bantoo Play Pro User Account Holders shall pay in full for all Services up to and including the last day on which the Services are provided.

 

Subject to this Section, these Terms will remain in full force and effect while you use the Ecosystem's Marketplace as a Seller. We may suspend or terminate your rights to use the Ecosystem (including your Account) at any time for any reason at our sole discretion, including for any use of the Ecosystem in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Ecosystem will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our databases. Bantoo Play will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content.

 

Upon any termination, Bantoo Play will make all Users Data available to Pro Accounts Users for electronic retrieval within ninety (90) days of such termination, but thereafter Bantoo Play may delete stored Pro Accounts Users's Data. “Pro Accounts Users Data” includes the email address, username, picture, and legal name of any Pro Account User, all Pro Account User Content that is made available to Pro Account User as a Benefit, and any non-public data provided to Pro Account Users by Bantoo Play to enable the provision of the Services.

 

Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.4, Section 3 and Sections 6 through 14. Bantoo Play agrees to allow Pro Accounts Users to cancel future payments made by owners of Pro Accounts.

 

 

11. Copyright Policy

 

Bantoo Play respects the intellectual property of others and asks that users of our Ecosystem do the same. In connection with our Ecosystem, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Ecosystem who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is unlawfully infringing the copyright(s) in a work through the use of our Ecosystem, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

1. Your physical or electronic signature;
2. Identification of the copyrighted work(s) that you claim to have been infringed;
3. Identification of the material on our services that you claim is infringing and that you request us to remove;
4. Sufficient information to permit us to locate such material;
5. Your address, telephone number, and e-mail address;
6. A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

 

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.

The designated Copyright Agent can be reached by email: [email protected]

Postal address: Bantoo Play, BB Group, Box 1010, Roslagsgatan 34, 114 79 Stockholm, Sweden

 

 

12. Mobile Applications

 

12.1. In App Purchases. From time to time, we may offer products and services for purchase including the subscriptions for Bantoo Play's Voortex Coins, ("in app purchases") through iTunes, the Apple Store, Google Play, Huawei App Galery or other application platforms authorized by us (each, an "App Store") via our mobile application (the "App").

 

If you choose to make a purchase through such application platform, you will be prompted to enter details for your account with your selected App Store (your "App Store Account"), and your App Store Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your App Store Account. Some App Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app purchase, your App Store Account will be billed continuously for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your App Store account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted our mobile application from your device. Deleting your account on the Ecosystem or deleting our mobile application from your device does not cancel your subscription; we will retain all funds charged to your App Store Account until you cancel your subscription through your App Store Account.

 

12.2. Apple Store Terms. If the App is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, "Apple") App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms: (a) The parties acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the App; and (b) If any of the terms and conditions in these Terms are inconsistent or in conflict with Apple's applicable instructions for Minimum Terms for Developer's End User License Agreement, located at http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/ (the "Apple EULA Terms") or the App Store Terms and Conditions, located at http://www.apple.com/legal/internet-services/itunes/ca/terms.html (the "Apple App Store Terms") as of the Effective Date, the terms and conditions of the Apple EULA Terms or Apple App Store Terms, as applicable, will apply to the extent of such inconsistency or conflict.

 

12.3. Google Play Terms. If the App is provided to you through the Google Inc., Google Play store (Google Inc. together with all of its affiliates, "Google"), the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms: (a) You acknowledge that Google is not responsible for providing support services for the Apple; and (b) If any of the terms and conditions in these Terms are inconsistent or in conflict with Google's Google Play Developer Distribution Agreement located at https://play.google.com/about/developer-distribution-agreement.html (the "Google EULA Terms") as of the Effective Date, the terms and conditions of Google EULA Terms will apply to the extent of such inconsistency or conflict.

 

 

13. Bantoo Play Content+

 

13.1 Bantoo Play Content+. You may wish to create feature-length User Content such as a documentary film, comedy special, talk show, podcast, video game, Apps or other such content (such User Content being referred to herein as “Content Plus” or “Content+”), which may be (i) purchased by Pro Users as a one-time purchase or (ii) included as part of a Pro Users’s monthly or annual Paid Subscription Fees. These Terms, including the Community Guidelines, shall apply to you and the Content+. Notwithstanding anything to the contrary contained in these Terms, the following special Content+ terms (“Content+ Terms”) shall also apply (in the event of any conflict between these Content+ Terms and the Terms, the Content+ Terms shall take precedence):

 

13.2 License, Right to Use. You hereby grant to Bantoo Play and its Affiliates (as defined below) a perpetual, worldwide, non-exclusive, sublicensable, fully assignable, royalty-free license (collectively, the “License to Bantoo Play”) to: (i) use, reproduce, distribute, exploit, publicly perform and create derivative works therefrom, any and all stills, articles, writings, texts, books, litterature, memoire, studdies, university research, publication, graphics, infographics, photos, videos, audiovisual, audio-only, name, stage name, artist name, signature, brand, logo, or other content of any kind (including any element contained therein) that you or any of your respective Affiliates uploads, posts, transmits or otherwise makes available, or causes or requests any third party to upload, post, transmit or otherwise make available on the Ecosystem in connection with the Content+ and any other content mutually agreed between you and Bantoo Play to be made subject to these Content+ Terms, or as otherwise contemplated by or effected pursuant to these Content+ Terms; (ii) use any and all trademarks, service marks, trade names, symbols, logos and other branding identifiers (the “Content Owner's Marks”) belonging to you or your respective Affiliates in and/or in connection with the Content+; and (iii) use and/or exploit the name(s), voice(s), image(s), likeness(es) and biographical information of any person appearing in the Content+, in and in connection with the Content+ and the marketing, advertising and/or promotion thereof on the Ecosystem, or by Bantoo Play and its Affiliates in general, including in any and all blog posts, press releases, and other public statements, in any and all media now known or hereinafter devised. As used herein, “Affiliates” shall mean a person or entity that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, you or Bantoo Play, as the case may be.

 

13.3 Consideration. You and Bantoo Play agree that the sole and exclusive compensation for the Content+ shall be the payments that are expressly payable to you pursuant to the Terms, except that the Bantoo Play Platform Fee payable to Bantoo Play with respect to one-time purchases of the Content+ shall be fifty percent (50%) paid to the Content Owner and fifty percent (50%) to Bantoo Play. For the avoidance of doubt, the Bantoo Play Platform Fee for Content+ purchased as part of Pro Users accounts annual Subscription Fees shall remain at fifty percent (50%). You and Bantoo Play further agree that (i) payment processing, including refunds, shall be managed in accordance with the Terms; (ii) Bantoo Play may elect to have the sole right to determine the flow of funds from associated payment processing accounts to Bantoo Play; and (iii) at Bantoo Play’s option, you and Bantoo Play shall mutually agree on prices charged by you for the Content+.

 

13.4 Control of Content+. Without limiting the requirements of Section 13.5(d) and (e) below and subject thereto, you and Bantoo Play expressly agree that you have sole control over the Content+, including sole control over journalistic matters, editorial matters and viewpoints without any form of restriction or censorship by Bantoo Play on behalf of itself and/or its advertisers. To the extent the Content+ previously aired on television (broadcast or cable), you will ensure that closed captioning is included with the Content+, in accordance with applicable law.

 

13.5 Representations & Warranties. You represent and warrant to Bantoo Play that and agree with Bantoo Play as follows:

1. You have obtained all necessary rights, consents, permissions, waivers, clearances and/or licenses in connection with the performance of your obligations hereunder;
2. Bantoo Play's exploitation of the License to Bantoo Play (or any element contained therein) will not infringe upon nor violate the copyright or other intellectual property or proprietary right of any third party or constitute a breach or other violation (with or without notice, the lapse of time or both) of any agreement with, any person;
3. You have not entered into and will not enter into any agreement that would conflict or interfere with your obligations under these Content+ Terms;
4. You will all times comply with all applicable federal, national, state, provincial, local and other laws, rules, regulations and guidelines in connection with your performance of the obligations under these Content+ Terms; and
5. You will at all times comply with the Community Guidelines, including Bantoo Play’s policy with respect to the display or distribution of illegal content.

 

13.6 Indemnification. You will indemnify, defend, and hold harmless Bantoo Play and Bantoo Play’s parent, subsidiaries, Affiliates, successors, licensees and assigns, and each of their respective directors, officers, shareholders, employees, representatives, sponsors, contractors and agents (collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, judgments, penalties, costs, liabilities, and expenses (including reasonable attorneys’ fees, costs and expenses) arising out of or in connection with (a) the Content+ or the Contents Owner's Marks; (b) the License to Bantoo Play; (c) your reckless, negligent or intentional or willful misconduct or that of any of your employees, contractors and/or agents; and (d) any breach or alleged breach of any representations, warranties, covenants or obligations of you under these Content+ Terms.

 

13.7 Bantoo Play Option. Bantoo Play retains the option to enter into negotiations with you for a separate Content Plus agreement, which may include, among other things, grant to Bantoo Play of additional licensing or other rights to the Content+, at Bantoo Play’s sole discretion.

 

 

 

 

 

14. General

 

14.1. Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Ecosystem. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Ecosystem. These changes will be effective immediately for new users of our Ecosystem. Continued use of our Ecosystem following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

 

14.2. Claims. You may not bring a claim against Bantoo Play for suspending or terminating a Pro User, or a Content Owner account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys fees and costs. These terms remain in effect even if you no longer have a Pro User, or a Content Owner.

 

14.3. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Bantoo Play and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

 

(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Bantoo Play that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Bantoo Play, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

 

(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Bantoo Play should be sent to: Bantoo Play, BB Group, Box 1010, Roslagsgatan 34, 114 79 Stockholm, Sweden. After the Notice is received, you and Bantoo Play may attempt to resolve the claim or dispute informally. If you and Bantoo Play do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

 

(c) Arbitration Rules. Arbitration shall be initiated through the International Chamber of Commerce (“ICC”), an established alternative dispute resolution provider (« ADR Provider") that offers arbitration as set forth in this section. If ICC is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The ICC Consumer Arbitration Rules ("Arbitration Rules") governing the arbitration are available online at iccwbo.org or by calling the ICC at +33 149532828. A single, neutral arbitrator shall conduct the arbitration. Any claims or disputes where the total amount of the award sought is less than Ten Thousand Euro (10,000.00 EUR) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand Euro (10,000.00 EUR) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of Europe, and unless the parties agree otherwise. If you reside outside of Europe the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Bantoo Play made to you prior to the initiation of arbitration, Bantoo Play will pay you the greater of the award or 2,500.00 EUR. Each party shall bear its own costs (including attorney's fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

 

(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

 

(e) Time Limits. If you or Bantoo Play pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the ICC Rules for the pertinent claim.

 

(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Bantoo Play, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ICC Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Bantoo Play.

 

(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Bantoo Play in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BANTOO PLAY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

 

(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CONTENT OWNER, CREATOR OR USER, PRO USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CONTENT OWNER, CREATOR, USER OR PRO USER.

 

(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

 

(j) Miscellaneous. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect. The party against whom the claim is asserted may waive any or all of the rights and limitations set forth in this Arbitration Agreement. Such waiver shall not waive or affect any other portion of this Arbitration Agreement. This Arbitration Agreement will survive the termination of your relationship with Bantoo Play. Notwithstanding the foregoing, either you or Bantoo Play may bring an individual action in small claims court. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

 

14.4. Governing Law; Export. This Ecosystem is operated from the United Kingdom ("U.K."). Bantoo Play's owner's Bantoo Pay Ltd, headquarters are located in Manchester. This Ecosystem is not intended for use in jurisdictions outside the U.K. Thus, your use of the Ecosystem is governed by and shall be construed in accordance with the laws of the City of Manchester, U.K., without regard to its principles of conflicts of law. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF YOUR COUNTRY OF RESIDENCE (BUT EXCLUDING THE EUROPEAN UNION), YOU EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE TO REQUIRE THAT THESE TERMS AND YOUR USE OF THE ECOSYSTEM BE GOVERNED BY THE LAWS OF ANY COUNTRY OTHER THAN THE U.K. The Ecosystem may be subject to U.K. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.K. technical data acquired from Bantoo Play, or any products utilizing such data, in violation of the United Kingdom export laws or regulations.

 

14.5. Disclosures. Bantoo Play is located at the address in Section 14.9. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. Additionally, under California's "Shine the Light" law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us, once each calendar year, information about the User information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of User information and the names and addresses of those businesses with which we shared User information for the immediately preceding calendar year. To obtain this information, please send an e-mail message to [email protected] with "Request for California Privacy Information" in the subject line and in the body of your message. We will provide in response the requested information to you at your e-mail address. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only required information will be included in our response.

 

14.6. Electronic Communications. The communications between you and Bantoo Play use electronic means, whether you use the Ecosystem or send us emails, or whether Bantoo Play posts notices on the Ecosystem or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Bantoo Play to the contact addresses and/or phone numbers you provide to us in connection with your Account, including without limitation via automated emails, SMS text messages, cellular or telephone calls, and push notifications (if applicable); and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Bantoo Play provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. You hereby acknowledge and agree that when using the Ecosystem we may use automatic SMS text messages or telephone dialing systems for communications with you concerning the Ecosystem and related promotion offers and further that standard text messaging and call charges will apply. IF YOU WOULD LIKE TO OPT OUT OF PROMOTIONAL EMAILS YOU MAY UNSUBCRIBE VIA THE LINKS PROVIDED IN SUCH EMAILS. IF YOU WOULD LIKE TO OPT OUT OF TEXT MESSAGES OR CALLS YOU MAY TEXT "STOP" FROM THE DEVICE RECEIVING SUCH COMMUNICATIONS TO THE SOURCE NUMBER OF SUCH COMMUNICATIONS, AS YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL SMS TEXT MESSAGES OR PHONE CALLS AS A CONDITION OF USING THE ECOSYSTEM. IF YOU WOULD LIKE TO OPT OUT OF ALL COMMUNICATIONS FROM US, PLEASE CONTACT OUR CUSTOMER SUPPORT TEAM VIA THE CONTACT INFORMATION PROVIDED AT THE BOTTOM OF THESE TERMS, HOWEVER, YOU ACKNOWLEDGE THAT THIS MAY AFFECT YOUR ABILITY TO EFFECTIVELY USE THE ECOSYSTEM. The foregoing does not affect your non-waivable rights.

 

14.7. Entire Terms. These Terms constitute the entire agreement and supersede any and all prior agreements, arrangements and understandings between you and us regarding the use of the Ecosystem. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles, summaries, and all "TL; DR" sections made available in (or in connection with) these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Bantoo Play is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Bantoo Play's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Bantoo Play may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

 

14.8. Copyright Trademark Information. Copyright © 2024 Bantoo Play. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Ecosystem are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party, which may own the Marks.

 

14.9. Contact Information:

Name: Bantoo Play

Address: BB Group, Box 1010, Roslagsgatan 34, 114 79 Stockholm, Sweden

Email: [email protected]

 

 

 

Annex 1:

 

BANTOO PLAY PURCHASE PROTECTION GUIDELINES

 

1. Disputes and refunds

 

Contact the seller

 

When paying on the Bantoo Play and a problem appears, you should first contact the seller to try to resolve any issue with a purchase. The seller has two business days to respond and try to fix the problem.

 

When paying via Market Place on Bantoo Play you can contact a seller up to seven days after a payment is made. The seller has one day (24 hours) to respond and try to fix the problem.

 

Make a report to Bantoo Play email address: support@Bantoo Play.com

 

When paying on the site, if a seller or individual seller has neither responded nor fixed the problem within 2 working days, you can send us a complaint on the third working day.

When using trading threads on Bantoo Play, if a seller has neither responded nor fixed the issue after 1 day, you have 2 days (48 hours) to submit a complaint to be reviewed by Bantoo Play.

 

When you submit a complaint, you must answer a few questions and describe the problem in detail. We review your complaint, including communications you and the seller exchanged with each other and other supporting documentation from both the buyer and the seller. We normally respond within 48 hours.

Read more about how to ask the seller for help or send a complaint to Bantoo Play or Bantoo Chat.

 

Refunds and Returns

 

If you request a refund, you must contact the seller within the return period specified in the product listing and follow the seller's return instructions.

If the seller does not respond or does not follow their own return policy, you may need to provide us with a valid tracking number for the returned item or other proof of return in order to receive a purchase protection refund.

 

If you are returning an item purchased through a Bantoo Play trade thread (currently only available in Africa), please remember to contact the seller within the return period specified in the product listing and follow the seller's return instructions. Bantoo Play does not handle product returns.

 

Restrictions

 

When paying on the site, you can file a complaint and request a refund for items with a purchase price of up to $2,000, including tax and shipping. In total, this warranty covers $4,000 over your lifetime.

 

You must submit your complaint within 45 days of the item's delivery date or within 60 days for unauthorized purchases. If you never received an item, you must wait 2 days after the last estimated delivery date before you can submit a complaint.

 

If you want to report an unauthorized purchase, you should notify us immediately so that we can make an effort to protect you against financial loss. You must file a complaint within 60 days of the charge date.

 

In order to claim Purchase Protection, you must have followed all of our terms and policies, including the Community Payment Terms.

 

For trading threads on Bantoo Play, you can file a complaint and request a refund for items with a purchase price of up to USD 500 including VAT and delivery charges. In total, this warranty covers USD 1000 during your lifetime. If you mark an item as received, you cannot submit a complaint.

 

You must submit your complaint within 3 days (72 hours) of the item's delivery date or within 7 days of payment if no delivery date is specified. If you never received an item, you must wait 2 days after the last estimated delivery date before you can submit a complaint.

 

In order to claim purchase protection, you must have followed all of our terms and policies.

 

This is how we resolve and close cases

 

If we approve a buyer's complaint, Bantoo Play may offer a partial refund in certain situations. Otherwise, the refunded amount covers the full price of the item, including tax and shipping charges. Decisions regarding complaints are made by us at our sole discretion.

For trade threads on Bantoo Play (currently not available in all territories), if we approve a buyer's complaint, the buyer will be refunded the full purchase cost of the item including tax and delivery charges. Decisions regarding complaints are made byBantoo Play in its sole discretion.

 

In some cases, we may offer a goodwill refund at our discretion. The offer of a goodwill refund may depend on a buyer's purchase history, including previously requested refunds as well as the total number of purchases made.

 

Rejection

 

Examples of reasons why a claim may be denied under this policy:

• The delivered item matched the seller's description at the time of purchase.
• The buyer has regretted it.
• The item was delivered and the seller checked that the product had indeed arrived.
• You have disputed the transaction with the bank that issued your credit or debit card.
• You never submitted the supporting documentation requested by Bantoo Play.

 

Violation of policy

 

If you submit false reports regarding purchases made through Bantoo Play or Instagram, we may disable your payment functionality or take other actions related to your account.

 

 

 

2. Bantoo Play Refund Payment Instructions

 

Note: This process is for customers located outside of the United States and Canada.

To make sure that your refund is processed correctly, all fields of this form must be completed in English. Failure to complete the form in English may cause the form to be rejected, which in turn could delay your refund.

To help ensure that your refund is processed as quickly and as accurately as possible, please review the information below to understand how to fill out each part of the form.

Select your refund type:

 

Bank Information Form

Bank Information Form Instructions

Bantoo Play has partnered with Bantoo Pay Business Solutions to issue your refund via international electronic payment. If you do not have a bank account, please consider submitting the Cash Pickup form instead.

Field Name	Translation	Instructions	Example
Serial Number	Serial Number	Your Serial Number is in the email notification you received from Bantoo Pay Business Solutions. Copy the notification number from the email and paste it into the form field.	1WMVR4A4JP1071
Bank country	Bank country	Select the country in which your bank branch is located.	Ivory Coast
Currency	Currency	Select the currency in which you would like to receive your refund.	XOF
Name of Bank Account Holder	Name of Bank Account Holder	Enter name of bank account holder. Keep in mind that the name must exactly match the name on the bank account. Please contact your bank if you’re unsure.	Adam Diallo
Bank Name	Bank Name	Enter name of your bank. Please contact your bank if unsure.	XXX Royal Bank
Bank Address	Bank Address	Enter street address of bank branch. Please contact your bank if unsure.	1 University Ave,
Bank City	Bank City	Enter City of bank branch. Please contact your bank if unsure.	ABIDJAN
Bank Postal Code	Bank Postal Code	Enter zip/postal code of your bank branch. Please contact your bank if unsure.	04

Payee Contact Details

Field Name	Translation	Instructions	Example
Country	Country	Select your country of residence.	Ivory Coast
First Name	First Name	Enter your first name.	Adam Diallo
Last Name	Last Name	Enter your last name.	X
Date of Birth	Date of Birth	For identification purposes, please provide your date of birth.	1/1/1990
Email	Email	Please enter the same email address as used in the application.	[email protected]
Address	Address	Enter the Street address of your residence.	1 University Ave
City	City	Enter City of residence	Abidjan
Postal Code	Postal Code	Enter zip/postal code of your residence.	04
Telephone	Telephone	Enter your phone number.	+225 123123123

Note: You will receive a confirmation email once a payment has been made to the bank account you have provided. Please note that entering incorrect account information may result in a delay or loss of funds. If account information is entered incorrectly, you must notify Bantoo Pay Business Solutions via [email protected].

Bantoo Play and Bantoo Pay Business Solutions claim no liability for any refunds submitted using erroneous account information entered by the user.