Terms and Conditions

Bgon Inc. (“Bgon”, “we”, “us”, “our” and terms of similar meaning) take your privacy rights very seriously. We are committed to transparently describing our privacy practices, including how we collect, use and disclose your information and data as part of the normal operation of our Services, as defined in our Terms of Use (“Terms”).

Throughout these Terms, we will refer to the services provided by the Application as the “Services”. All users of the Application are called “Users”. Content on the Services, including all text, information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”.

Please read through these Terms carefully before using the Services. By accessing or using the Services you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services.

bgon services

Bgon is a simple local marketplace and chat application that permits university and college students to post items for sale and have other students browse these items and connect with the seller to arrange for purchase.

The Services are not intended to be used by children. You must be at least thirteen (13) years of age to use the Services.

Fees and Payments

Please refer to Bgon’s privacy policy by clicking here (the “Privacy Policy”) for information on how Bgon collects, uses and discloses personally identifiable information from Users. By using the Services, you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

privacy policy

Use of the Bgon Services is generally free. We will notify you of changes to our fee policy by posting changes on the Site and on the Application. Users can only arrange for the purchase of advertised items on the Application. Bgon does not facilitate transactions, refunds or returns in any manner. A buyer and seller may arrange to complete a transaction through the use of the chat function in the Application. Bgon shall have no liability for any transactions that occur between buyer and seller through the Application.

Registration Data; Account Security

In order to access or use the Services, you must register for a User Account. Upon registering a User Account, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Application (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide through the Application, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide through the Application. You are responsible for all activity on your User Account. You may also register for a User Account through a third-party service (e.g. Facebook) and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy.

Ownership, Copyright and Trademarks

Content provided by Users is called “User Content”. User Content is the property of its respective owners (e.g. the User that inputted it). User Content on the Application may include a picture of an item that you wish to sell or the content of your chat through the Application.

Bgon’s only right to use that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 7 of these Terms. Other than User Content, the Services, all Content and any other software used to create and operate the Services is the property of Bgon or its licensors, and is protected by Canadian and international copyright laws, and all rights to Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Application are the property of their respective owners.

Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services.

Bgon respects the intellectual property rights of others. By submitting User Content through the Services, you represent and warrant that doing so does not infringe any third party’s copyrights, trade-marks, privacy rights, or other intellectual property or legal rights of any kind.

If we are notified that any User has uploaded any Content which allegedly do not conform to these Terms, we may, in our sole discretion, investigate the allegation and determine whether to take any other actions. You may also be subject to civil and criminal penalties, including without limitation monetary damages, if you violate any third party’s legal rights.

Bgon does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services (including the quality or character of any of the items advertised through the Application).

License to Use Bgon and License Restrictions

Bgon grants to you a revocable, non-exclusive, non-sublicensable license to use the Services and to view the Content available to you through the Services (“License”). Other than as expressly permitted in these Terms, the Content and the License are subject to the following restrictions and account terms:

  • (a) The Services we provide through the Application are for your use only. You may not resell, lease or provide them in any other way to anyone else, except as permitted through the Services.
  • (b) You may not make or distribute copies of the Application.
  • (c) You may not alter, merge or translate the Application, or decompile, reverse engineer, disassemble, or otherwise reduce the Application to a human-perceivable form.
  • (d) You may not modify or create derivative works based on the Application or the Content.
  • (e) You may not use the Application for any application deployment or ultimate production purpose.
  • (f) You may not use the Application to develop any application having the same or similar primary function as the Application.
  • (g) You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Content.
  • (h) You may not otherwise use the Application or the Content other than for its intended purpose.
  • (i) Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your User Account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws.
  • (j) Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The licenses in this Section are revocable by Bgon at any time.
  • (k) Your use of the Services and Content must not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties or violate any applicable law.
  • (l) Your use of the Services must comply with the User Content Guidelines outlined in Section 8 of these Terms.

Your Limited License of Your User Content to Bgon

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Application and provide the Services, now and in the future. For example, if you upload or take a picture through the Application and post an item, we need your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other Users (including buyers) so that they can view that User Content. Therefore, by posting or distributing User Content to or through the Services, you (a) grant Bgon and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate and create derivative works from such User Content, in the manner in and for the purposes which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content, or otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms (including the User Content Guidelines described Section 8 below) and will not violate any rights of or cause injury to any person or entity. If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services, as described in this Section.

User Content Guidelines

The Application permits Users to (1) upload User Content (such as the pictures of items to be sold); and (2) chat through the Application. As such, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish (including through the chat functionality) through the Services any of the following: Any message, data, information, text, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, racist, prejudiced, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable in the sole opinion of Bgon; Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; Private information of any third party, including without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use; Content that is unrelated to the use of the Application; or Content that in the sole judgment of Bgon, is objectionable or which restricts or inhibits any other person from using or enjoying the Application or the Services, or which may expose Bgon or its affiliates or its Users to any harm or liability of any type. Any use of the Services in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use the Services.

Security of the Application

To ensure reliability and to protect the User Content, we use high grade hosting services and security technologies that we believe will provide you with a secure and safe environment. For example, all Content and secured information on the Application is encrypted using SSL certificates.

However, no system is perfectly secure or reliable. The internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use the Application, you accept these risks and the responsibility for choosing to use a technology that cannot guarantee complete security and reliability.

Warranty Disclaimer

THE APPLICATION, THE CONTENT AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM BGON OF ANY KIND, EITHER EXPRESS OR IMPLIED. BGON EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BGON DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION OR CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE APPLICATION, THE CONTENT OR ANY PORTION THEREOF. WHILE BGON ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE APPLICATION SAFE, BGON DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION OR ANY CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BGON IS NOT RESPONSIBLE FOR ANY TRANSACTIONS THAT OCCUR AS A RESULT OF COMMUNICATIONS BETWEEN USERS MADE THROUGH THE APPLICATION. USERS ARE ENCOURAGED TO EXERCISE CAUTION WHEN MEETING UP WITH OTHER USERS TO COMPLETE A TRANSACTION.

Limitation of Liability; Indemnity

You waive and shall not assert any claims or allegations of any nature whatsoever against Bgon, its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Services or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, quality of items advertised through the Application or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Application. You use the Services at your own risk.

Without limitation of the foregoing, neither Bgon nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Services or the Content, including without limitation any damages caused by or resulting from your reliance on the Application or other information obtained from Bgon or any other Released Party or accessible via the Application, or that result from mistakes, errors, omissions, interruptions, deletion of User Content or other data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Bgon, any User, or any other Released Party's records, programs or services.

In no event shall the aggregate liability of Bgon, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Application or the Services exceed the lesser of $100 or any amount paid by you for the Services during the three months prior to the date of any claim, if any.

You shall defend, indemnify and hold harmless Bgon and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Services and from the use of the Services by any person to whom you give access to your account.

Communications

Notices that we give you may be provided by e-mailing you at the contact information you provided in your Registration Data (if any) or by posting a notice on the Application. When we post notices on the Application, we post them in the area of the Application suitable to the notice. It is your responsibility to periodically review the Application for notices.

Applicable Law and Venue

The Application is controlled by Bgon Inc. and operated by it from its offices in Toronto, Ontario. You and Bgon both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Bgon explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to (a) these Terms; (b) the Services or Content; (c) oral or written statements relating to these Terms or to the Services; or (d) the relationships that result from these Terms or the Services or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Bgon related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Bgon. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

If you choose to access the Application from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Bgon and the other Released Parties for your failure to comply with any such laws.

Termination/Modification of License and Offerings

Notwithstanding any provision of these Terms, Bgon reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your License to use the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services or Content; (c) change, suspend or discontinue any aspect of the Application or Content; and (d) impose limits on the Services or Content. When your User Account is terminated, any User Content you have uploaded to the Application may remain on the Application. If these Terms expire or terminate for any reason, Sections 7, 10, 11, 13, 14, 15 and 16, and any representation or warranty you make in these Terms, shall also survive indefinitely.

Modification of Terms

Bgon reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in its sole discretion. If we do so, we will post a notice on the Site and/or Application visible to you the next time you access the Application. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Application, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Application. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about the Terms, please email us at the contact address below.

Miscellaneous

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Bgon may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Bgon, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Bgon regarding your use of the Services, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and Bgon regarding your use of the Services The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.

questions and comments

If you have any questions regarding these Terms or your use of the Services, please contact us here: legal@bgonapp.com