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LEGAL INFORMATION

TERMS AND CONDITIONS

  1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE. The services offered by Bongo International, LLC (“Bongo”) at www.BongoUS.com (“BongoUS.com” or “Site”), and any sub-domains, are provided to you under the terms and conditions of this Terms of Service (“Terms of Service”), and any operating rules or policies that may be published by Bongo at the URL: www.BongoUS.com (the “Service”). The Terms of Service comprises the entire agreement between you and Bongo, and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING BongoUS.COM, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use BongoUS.com as long as you adhere to these Terms of Service.
  2. AGENCY. By completing the registration form, you hereby make, constitute and appoint Bongo, acting through any of its authorized persons your true and lawful agent for the receipt of mail. Until you have provided a notarized copy of USPS Form 1583 and 2 forms of identification Bongo reserves the right to destroy, after 7 days of receipt, all incoming USPS mail and Parcels in your name.
  3. SECURITY. You are solely responsible for maintaining the confidentiality of your password and account, and for any and all activities that occur under your account. You may change your password or any other account information at any time by going to your My Account page once you have logged in. You may also set up a new account at your convenience. You agree to notify Bongo immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform Bongo of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a user account or password. Until Bongo is notified, in writing, of a breach in security, you will remain liable for any unauthorized use of the Service through your account. In consideration for using the Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or in your My Account is inaccurate, Bongo reserves the right to terminate your account immediately and your right to use the Service.
  4. TERMINATION. You may terminate your participation of the Bongo Service with or without cause at any time and effective immediately. Bongo may terminate the Service or your use of the Service with or without cause at any time and effective immediately, at Bongo’s sole discretion, should your conduct fail to conform to the terms and conditions of these Terms of Service. Bongo shall not be liable to you or any third party for termination of the Service or termination of your use of the Service. Should you object to any terms and conditions of the Terms of Service or any subsequent modifications Bongo makes to the Terms of Service or become dissatisfied with the Service in any way, your only recourse is to immediately: (1) discontinue use of the Service; and (2) notify Bongo of your termination within the Support log in your account and, at your discretion, notify Bongo of the reasons for your termination. Upon termination of your use of the Service, your right to use the Service shall cease immediately. After cancellation or termination of the Service, Bongo reserves the right to (i) charge you standard rates for mail or packages that still arrive under your name, or (ii) return the items to sender or destroy them.
  5. USER CONDUCT. Your use of the Service is subject to all applicable local, state, national and international laws and regulations, including but not limited to all U.S. postal regulations, and all regulations set forth by foreign jurisdictions through which you are shipping. You agree not to use the Service for illegal purposes or to ship hazardous or dangerous materials; or interfere or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks or attempt to gain unauthorized access to other accounts, computer systems or networks connected to the Service, through password mining or any other means; or harass or interfere with another user’s use and enjoyment of the Service. Failure to comply with the above may result in cancellation without notice. You will be responsible for any losses incurred by Bongo as a result of your improper use of the Service and you hereby agree to indemnify and hold Bongo harmless from and against all manner of loss or damage arising from your use of the service in violation of these Terms of Use.
  6. ACCEPTANCE. Bongo will not accept items delivered COD (Cash on Delivery) on your behalf unless, in advance, you have previously deposited with Bongo sufficient monies to pay the COD charges. Bongo will not accept delivery on your behalf of goods that prohibited or goods that are clearly damaged. Any such deliveries will be returned refused and returned to sender. Bongo will not accept delivery to any one on your behalf unless the delivery is addressed to you.
  7. INSPECTION. Bongo reserves the right to open and inspect all items delivered in your name without notice to you.
  8. STORAGE. Bongo will store packages free of charge for a period of [21] days from the date of delivery. After [21] days, Bongo will charge you a fee of $5 a day which will have to be paid prior to shipment to you. After [30] days in storage, Bongo reserves the right to sell, destroy or otherwise dispose of such packages without incurring any liability to you or any other party whatsoever.
  9. EXPORTING. Upon your request, Bongo will ship all packages to your home country and deliver it the address you registered with Bongo. No packages will be shipped until you have paid all shipping charges and storage costs, if any. You are solely responsible for declaring the correct value of each package for the purpose excise, duty and tax payments. You should note that shipments may be inspected at anytime by Customs authorities and incorrect valuations can lead to penalties for which you are solely responsible.
  10. FEES. Our fees are posted on the Site. Volumetric weight may apply on bulky, lightweight packages. Volumetric weight is calculated by multiplying height by width and length in inches and dividing by 139 to produce a weight in pounds.
  11. LIMITATION ON DAMAGES. All packages are shipped on a limited liability basis. In no event shall Bongo’s aggregate liability exceed $100 per shipment. In no event shall Bongo be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind. In no event shall Bongo be liable to anyone for any direct damages of any type or kind (including lost profits) from performance the Service except in the case of Bongo’s gross negligence or willful misconduct.
  12. ACTS OF GOD, ETC. Bongo shall be excused from performance of its obligations, in whole or in part, under this Agreement if the failure or inability to perform is caused by reason of Force Majeure. “Force Majeure” as used herein means acts of God, fire, flood or other natural catastrophes, electric, communications or other utility outages, national emergencies, civil disturbances, insurrections, riots, wars (declared or undeclared), epidemics, strikes or labor disputes, actions or restrictions of an governmental authority, or causes not within the reasonable control of Bongo.
  13. EXECUTIVE ORDER 13,224. You represent and warrant to Bongo that neither you nor any person acting on your behalf is a person or entity described by Section 1 of the Executive Order No. 13,224 – Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism. This order can be reviewed at 66 Fed reg. 34,777 (June 29, 2001).