TERMS AND CONDITIONS OF USE OF THE BWOMI APP
Valid since: June 9th, 2017
You have read and confirmed to agree with the following clauses:
1. MAIN TERMS AND CONDITIONS OF BWOMI.
1.1. GENERAL STATEMENTS
Bwomi LLC., states to be a company incorporated in the United States of America, with central offices in 12550 Biscayne Blvd Ste 110, Miami, FL 33181 USA.
1.1.2. Contractual Relationship
By accepting the terms and conditions established in this document (hereinafter referred to as “terms and conditions”, “TyC” or “contract”), you assume all the rights and obligations described in this contract between Bwomi, LLC, hereinafter referred to as “Bwomi LLC”, “Bwomi”, “Bwomi Network”, “Bwomi Community”, “site”, “Bwomi Platform” or “us” and you, hereinafter referred to as “you”, “user”, “member”, “partner”. The language of this contract is English. The communication with the partner may be carried out in English or Spanish through the following email address: email@example.com
1.1.3. Updating the terms and conditions of use
You accept and acknowledge that we can review and change these terms and conditions at any time without prior notice and you agree to be obliged in accordance with the provisions established in these terms and conditions. However, we will try to contact you by email and or by in-app notifications. Do not forget that in the setting’s menu of the App, you will always be able to consult the terms and conditions enforced as well as on our website www.bwomi.com
Since these terms and conditions may change, we invite you to consult them frequently. Additionally, you accept and acknowledge that all other content, products, services and materials available through this site and platform, are subjected to updating, cancellation and or revision without further notice.
Bwomi, LLC reserves exclusively for itself the right to change its pricing at any time without any prior notice.
In case you do not agree with these terms and conditions, please erase your account, and uninstall the App from your smartphone.
1.1.4. The Main Purpose of the Bwomi App
To help businesspeople and freelancers to increase their sales and their business reputation through a system created to generate commercial references, which are shared between them and qualified by their own clients.
1.1.5. The Features of Bwomi Members
Bwomi members are men and women, businesspeople, and freelancers from all around the world, between 25 and 70 years old, preferably, with a high sense of responsibility, ethics, and teamwork, to mutually produce commercial references for each other.
You, like all other members, agree that you represent yourself in Bwomi and
create your own reputation and credibility through your efforts and by being evaluated directly for the people who hire you or buy your products and services.
In Bwomi, we believe that any businessperson and freelancer must be recognized for his or her achievements when satisfying the needs of their clients, without giving too much importance to their experience or professional diplomas.
1.2. THE USE AND BENEFITS PROVIDED BY BWOMI MEMBERSHIPS (FREE, MASTER AND PREMIUM)
1.2.1. Before using our services, please carefully read our Terms and Conditions of Use, as well as the Privacy Notice and Policy, so you may access and use our services. In case you do not agree with any of them, we ask you not to use our service.
1.2.2. Benefits and features of the FREE version of the Bwomi App
1) Download and install the Bwomi App in your smartphone (visit the App Stores: Play Store and App Store or download it directly from the website www.bwomi.com).
2) Create a profile as a supplier for a single turn or specialization that allows you to promote yourself with the international community of Bwomi with the purpose of increase your sales through the references made between the users.
3) Receive and create commercial references unlimitedly among businessmen and women who are members of your own network of commercial allies. The network of commercial allies will not have more than 15 members.
4) Receive and create a maximum of 2 commercial references per month, provided by members outside your network of commercial allies.
5) When you are recommended to sell your product or provide your service, you will be granted a qualification and testimony by the client and therefore improve your reputation and recognition within the Bwomi community.
6) When you receive a commercial reference by a member of the Bwomi community, you will be able to send back feedback so such person may improve the way of recommending you by filtering the type of clients you are looking for.
7) When a Bwomi supplier is recommended to you, and you decide to buy his products or contract his services, you will be able to receive a qualification and testimony from the supplier who served you, this way you may also acquire a reliable reputation as a client within the Bwomi community.
8) Depending on your qualifications and scores, the Bwomi Organization can internationally recognize you, in accordance with the standards defined and published at the time by Bwomi LLC.
9) The App allows you to find other members in the Bwomi Community through a supplier’s localization GPS feature within a radio of 40 miles regarding the location of your smartphone and in which you can also filter the results by activity or specialization.
The system will only provide you with the distances in miles or kilometers between you and other Bwomi member, not his or her exact location (See Privacy Notice and Policy).
10) You can set your profile to offer or not economic, percentage or in kind gratifications to whoever sends a commercial reference of you which had been converted into a sale.
11) Receive economic, percentage or in kind gratifications if the commercial reference made by you in favor of a user resulted in the conversion of a sale.
Bwomi is not responsible for the delivery or not of the gratifications offered between users and is not liable for anything regarding such gratifications. To clarify, such function is design to increase the interest among users, and it’s them who are responsible for the fulfillment of said gratifications to whoever had made a reference converted into a sale.
If a user is consistently denounced for acting with malice by deliberately offering gratifications which he or she does not intend to provide, Bwomi will be able to suspend or even shut down the account of such user.
However, you may indicate if the gratification was or not received and to benefit or to affect the credibility of the supplier by offering a gratification. We suggest you make an agreement with the supplier so both parties may be beneficiated.
12) You may organize or promote physical meetings between your friends and your friends’ friends in order to increase business relations with other clients or suppliers.
13) When you accept or request to another Bwomi user to be part of your private network of commercial allies, the Bwomi system will allow you to chat bilaterally to start a relation as strategic business allies.
1.2.3. Benefits and features of the MASTER version of the Bwomi App
The Master version of Bwomi offers members all the benefits of the FREE version in addition to the following benefits:
14) The app allows other members of the Bwomi community through a supplier’s localization GPS feature within a radio of 65 miles regarding the location of your smartphone or the location you choose in any city in the world; you can also filter the results by activity or specialization.
The system will only provide you with the distances in miles or kilometers between you and other Bwomi member, not his or her exact location (See Privacy Notice and Policy).
15) To have a network of commercial allies of up to 50 members.
16) To receive and send 10 commercial references per month, provided by members outside your network of commercial allies.
17) You will be able to search for business meetings organized by businesspeople who are unconnected to you within a radio of 65 miles from the location you choose in any city in the world, you will be able to request them to send an invitation to you, this way you may get to meet a lot more Bwomi members with whom to do business.
1.2.4. Benefits and features of the PREMIUM version of the Bwomi App
The PREMIUM version of Bwomi offers members all the benefits of the FREE and MASTER versions in addition to the following benefits:
18) To have an unlimited network of commercial allies.
19) To receive and create unlimited commercial references provided by members outside your network of commercial allies.
20) Additionally, the GPS feature allows you to filter your contact search by ranking them by their qualifications as suppliers, as well as by the number of business closed, offering a better use of time and information.
21) You may appear offline in the GPS feature and not show the distance of your location to other users.
1.3. ABOUT THE CONDITIONS OF USE.
1.3.1. Technical features of the App
220.127.116.11. Bwomi is a mobile application mainly designed for smartphones with the
following operative systems: Android version 4.2 and above and IOS
version 9 and above. If your smartphone does not have the necessary characteristics, you will not be able to use our app.
18.104.22.168. When a new version of both operative systems is released, Bwomi will try
to update its App, taking all the time necessary to it and without committing to a specific date for said updating. It is at the user´s risk and under its own responsibility to use the App in new operative systems without it being duly updated by Bwomi.
22.214.171.124. You are aware and acknowledge that the Bwomi application and all of its services work through internet access, whether by Wifi network or by the data plan contracted with your own internet provider, Bwomi is not responsible for providing you with internet access and for the proper operation of the application in the case of failures due to your internet access.
1.3.2. Account Registry process.
126.96.36.199. When you create an account in the Bwomi App, you must complete all the fields, excepting the name of your company (optional), you also agree to provide accurate information. Bwomi is not responsible for conflicts of any kind derived from information provided with malice or falsehood.
188.8.131.52. It’s very important that you provide a photo of your face, your real name, and surname without alias, nicknames or abbreviations and all other fields required in the registry form. Otherwise, Bwomi will be entitled to suspend your account until you comply with such information. You will be notified during 3 consecutive days, by the end of such period, your account will be suspended until you provide the information required, if you do not comply with it within the next 20 days, Bwomi will be entitled to suspend your account definitely.
184.108.40.206. If you state to work for a company, only you will be responsible for the accuracy of such information, same which does not imply any kind of agreement or relation between said company and Bwomi. For such reason, Bwomi will not be responsible for any damages or torts caused between you and the company you stated to work for.
1.3.3. About Linking the App to your phone number.
220.127.116.11. When you create a user account in Bwomi, you must provide an active phone number, by which you will receive a verification code through SMS, it will guarantee that you have personally made the registration. Said phone number shall be of your property. Otherwise, Bwomi reserves the right to suspend and or cancel your account.
1.3.4. Creating your own contacts
18.104.22.168. To create your network of commercial allies, it is necessary that you only invite people who offer products or services and with whom you have agreed to support mutually to create commercial references. To that end, you have several mechanisms to invite and add commercial allies to your network: a) through a Bwomi user’s search engine, b) through your contact’s list, c) through the reading of App generated QR codes from other users and d) through your Facebook’s contact list.
22.214.171.124. You can eliminate commercial allies from your business network to add others, as long as you do not have references received by them still in the process of development, that is, not finished.
126.96.36.199. The FREE membership allows you to have up to 15 commercial allies, the MASTER membership allows up to 50 commercial allies, and the PREMIUM membership allows an unlimited number of commercial allies within your business network. (See Section 1.2.)
1.3.5. Commercial References and their processing
188.8.131.52. Creating a new commercial reference will ask you to validate the authenticity of such reference, that is, that you certainly have had a prior conversation with the potential client over his necessities and such conversation had derived in a recommendation in favor of a Bwomi member, as well as the authorization of the client to share his contact data with the supplier you are recommending, leaving Bwomi and the recommended supplier free of any responsibility regarding any possible complaints or subsequent reports by the client concerning the privacy of his data.
184.108.40.206. It’s your responsibility to complete the first 3 steps of the received references’ process, that is, once you have accepted the client of a received reference you must complete the process to contact and service the client, in case he accepted the deal, and to qualify your business experience with said client to conclude the reference and not to hinder or leave unattended any commercial references sent to you and accepted by you.
220.127.116.11. You agree to behave with ethics and professionalism, avoiding – as much as possible – any conflicts resulting from misunderstandings and or actions carried out with malice among those involved in any commercial operation, including you, the supplier, the client or even the referrer. See the Code of Ethics of the Bwomi Community annexed to this document or visit it at www.bwomi.com.
18.104.22.168. In the case Bwomi determines that you have behaved with malice, once made the appropriate investigation, Bwomi reserves the right to suspend and or cancel your account due to conducts breaching the provisions established in the Code of Ethics of the Bwomi Community, you agree that in such case, Bwomi won´t be obliged to reimburse partially or totally the amount paid by you for an active Master or Premium subscription. (See the Code of Ethics of the Bwomi Community at www.bwomi.com or go to legal information in the Apps’ settings menu.)
1.3.6. About your evaluation and evaluating others.
22.214.171.124. You agree to rate clients and suppliers of the Bwomi Community with whom you perform any commercial transactions in accordance with the criteria established, which are graphically represented with the following icons:
The Thumbs up icon. It represents the maximum rate possible, equivalent to 5 points.
The Closed Fist icon. It represents a medium rate, equivalent to 2.5 points.
The Thumbs down icon. It represents the minimum rate, equivalent to 0 points.
Such rates are added up and averaged to reflect a general rating for each client or supplier and which is graphically represented by stars.
126.96.36.199. You agree to be evaluated by clients in the Bwomi Community, by clients not connected to the App and by suppliers in the Bwomi Community, complying with the provisions established in the Code of Ethics of the Bwomi Community and to accept the rating awarded to you without any retaliation or complaint resulting from any disagreement.
1.3.7. About ratings and statistics
188.8.131.52. You accept and agree that the ratings and statistics resulted from the commercial operations performed through Bwomi, whether as client or supplier, are clear, impartial and objective. Additionally, you agree that Bwomi will not be held responsible for them since your rating results from your behavior within the Bwomi Community.
184.108.40.206. If at any time, you have a question regarding the above, you will be able to request additional information by sending an email to firstname.lastname@example.org and to receive a response, as soon as possible, from the appropriate department (in English or Spanish, as the case may be).
1.3.8. Giving and rating Gratifications
220.127.116.11. The Bwomi App allows you to offer a gratification to whoever sends you a commercial reference and to deliver it once such reference had been converted into a closed and paid sale.
18.104.22.168. If you do not wish or your activity does not allow you, for legal, social, or cultural reasons, to offer any kind of gratification to whoever recommends you to a client, you have the right not to offer any gratification.
22.214.171.124. The gratifications are divided into three types: economic, by percentage or in kind.
126.96.36.199. In the case of offering an economic gratification, you will be able to determine the currency in which you wish to offer such gratification, as long as such currency is included in the currencies put at your disposal by Bwomi in the system and which can be found in the section of Gratifications Registration.
188.8.131.52. If you register a gratification, and a Bwomi user sends you a reference which resulted in a verified sale, you are committed to award such gratification to whoever recommended you, not doing so will allow the referrer to rate the gratification as not received, thus affecting your reputation and credibility without any opportunity to complain about it or to restore such rate since the Bwomi Application is not designed to revert such processes. Therefore, you accept and commit yourself to behave ethically and opportunely to meet your commitments and gratifications.
184.108.40.206. Bwomi is not responsible for the awarding or not of gratifications between suppliers and referrers, therefore you free Bwomi of any responsibility thereto and accept all responsibility and or risk for awarding or receiving offered gratifications.
220.127.116.11. If you register a gratification of any kind and receive one or more commercial references, you will not be able to eliminate, change or publish a new gratification until the commercial references in the process are concluded.
18.104.22.168. If you are awarded a gratification, and for whatever invalid reason, the supplier does not award it, you will be able to rate the gratification as not received, affecting the reputation of such supplier if such omission is due to an invalid reason in accordance with the Code of Ethics of the Bwomi Community.
If a gratification is rated as not received, such rate cannot be reverted since the system does not allow any modification to it. Gratifications awarding will be the sole responsibility of the supplier.
22.214.171.124. If you receive a gratification, you shall rate it as received, positively affecting the credibility and reputation of the supplier.
126.96.36.199. If the transaction has not yet been concluded, you shall rate it as outstanding until the time in which it is concluded.
188.8.131.52. If for any valid reason, such as that the commercial operation is not concluded due to a breach of any of the parties and a negotiation with the supplier occurs, you shall rate such reference as canceled, doing so will not affect the credibility and reputation of the supplier.
184.108.40.206. When a commercial reference is successfully concluded, you will be able to indicate the status of the gratification, as the case may be, in the setting’s menu, section “Gratifications Receivable,” increasing or reducing the reputation of the supplier in accordance with his level of compliance.
The process’ statuses are divided into 4 categories and are described as follows:
RECEIVED: The number of gratifications successfully received (this will increase the supplier’s reputation).
NOT RECEIVED: The number of gratifications that were not received despite having successfully concluded the commercial transactions (this will affect the supplier’s reputation).
OUTSTANDING: The number of gratifications that have not yet been received because the commercial operations are not yet concluded.
CANCELLED: The number of gratifications not received because the transaction between the client and the supplier was canceled due to a breach by any or both parties (e. g. the client did not pay, or the supplier fail in his commitment to the client, etc.)
You agree that Bwomi is not responsible for and cannot guarantee the reception and or award of any gratification since doing so is the sole responsibility of the supplier.
220.127.116.11. The gratifications that appear in the section of “Gratifications Receivable” have a validity term of 90 days to be claimed and rated, at the end of such term, if you have not yet rated them, they will be permanently deleted, and you will not be able to claim them later from the supplier (we suggest you make an agreement with the supplier).
1.3.9. The Chat
18.104.22.168. The chat system of Bwomi allows one to one communication between you and every of the members within your business network, the conversations and information shared in the chat are not stored on our servers, excepting messages in transit and those that for any reason, have not yet been received by the recipient, however, once the recipient receives the message it is no longer in our power. In case the message is not received within a 20 days’ time, it will be deleted.
22.214.171.124. Any contact or any other information shared through the chat with other users will be your responsibility and at your own risk, leaving Bwomi free of any future dispute.
126.96.36.199. Our chat system allows instant translations between our users. However, it is an exclusive feature for Premium users. Bwomi does not guarantee the reliability of said translations.
1.3.10. GPS feature to locate Bwomi users and business meetings
188.8.131.52. You agree to provide and allow the Bwomi App to share the distance existing between you and each of the users in the Bwomi Community. However, the App will not provide specific information regarding their location.
184.108.40.206. If you do not activate your GPS system in your Smartphone, many of the main features of the Bwomi App won´t be able to work properly. Therefore, Bwomi cannot be held responsible for the correct operation of several modules.
220.127.116.11. If you do not wish the system to indicate the distance existing between you and other users, or if you wish to not appear in the GPS feature for users, you will only be able to disable it by acquiring a Premium service membership.
18.104.22.168. Bwomi offers you the possibility to locate more members of the Bwomi Community by using its GPS feature, which covers a ratio of 40 miles for users of the Free version, 65 miles for users of the Master and Premium versions. Additionally, only Master and Premium users will be able to find other users by changing their location to any other city in the world.
22.214.171.124. Only Master and Premium users have the power to locate business meetings organized by Bwomi members who are not connected to their contacts network and to request an invitation to meetings within a ratio of 65 miles from their location or to change their location to any other city in the world. You subject yourself to the norms and policies described in section 126.96.36.199, 188.8.131.52 of this contract.
1.3.11. Business Meetings
184.108.40.206. Business meetings organized in the Bwomi App are under the sole responsibility of the organizer. Therefore, he or she is responsible for their organization, the type of organization, its communication, and result.
220.127.116.11. If you organize a business meeting for your network of commercial allies in Bowmi, you may receive attendance requests from current Master and Premium members of the Bwomi Community, we have named them “external guests” since they do not belong to your network of commercial allies, for that reason you can accept or reject the attendance requests received by you in relation to your meeting.
18.104.22.168. Only Master and Premium members can see information regarding business meetings organized by members who are not in their network and to request approval for attendance. However, such approval is the sole decision of the organizer.
1.3.12. Internal Guests
22.214.171.124. Members in your Bwomi network of commercial allies who are invited by you to your own business meetings are named “Internal Guests,” as well as the guests invited by your guests to attend such meeting.
126.96.36.199. The maximum number of internal guests the organizer is able to invite to an event, in accordance with Bwomi’s service membership, are:
Free Membership: 15 guests
Master Membership: 50 guests
Premium Membership: 100 guests
1.3.13. External Guests
188.8.131.52. Bwomi members with Master or Premium membership who are not connected to your contacts’ network and who requested an invitation to attend a meeting organized by you are named “External Guests.”
184.108.40.206. If you organize a business meeting in Bwomi and receive requests from Master and Premium members interested in attending, you are fully entitled to accept or not their requests. We suggest you review the profile of every applicant to access enough information and hence take your best decision.
220.127.116.11. The organizer of a Bwomi business meeting has the right to deny access it to any Bwomi member who, he or she did not invite or approve.
18.104.22.168. There is no limit to the number of external guests the organizer is able to accept for a Bwomi business meeting.
1.3.14. Profile Edition
22.214.171.124. You can modify your profile data, except for the following information:
1.3.15. QR Code
126.96.36.199. The QR code generated by the system in your user account can be read by another user with the QR Code Reader build-in the Bwomi App, this way he can quickly identify and add you to his contact’s network or vice versa. This is very useful if you and another member just met at a business meeting and you want both to add each other into your own business networks.
The QR Code only stores the user’s code and not his contact data.
1.3.16. In App Promotions.
188.8.131.52. You may send promotions regarding your product or service to your contact’s network through the promotions sharing system at least every 15 days.
184.108.40.206. Bwomi is not responsible for any kind of conflict resulting from false promotions or failure to meet any promotion offered within the system.
220.127.116.11. Every user shall be responsible for the promotions he or she offered in the system.
1.3.17. Inviting contacts from social networks
18.104.22.168. You can invite other business people to be part of your network of commercial allies in Bwomi or to download the Bwomi App through SMS or Facebook messages.
1.3.18. Settings Menu
22.214.171.124. Through the settings menu, you can set several settings such as mute notifications, limit email sending, or set the preferred distance to be expressed in miles or kilometers, among others.
126.96.36.199. If you have a Master or Premium membership, you can hide from the GPS feature and hide your distance from other users.
1.3.19. Version Updating
188.8.131.52. If you have a Free membership and wish to upgrade to a higher services package than the once you currently hold, you can upgrade by clicking on the button “upgrade” located in the system menu of the Bwomi App. Such upgrade is subjected to the costs and conditions established in section 1.4 herein.
1.3.20. Suggestions and FAQs
184.108.40.206. If you wish to suggest any improvements to the Bwomi system, please insert them in the suggestions section located in the Bwomi App menu, or write directly to email@example.com
220.127.116.11. For further questions, please read the Frequently Asked Questions’ section located in the Bwomi App menu or on our website www.bwomi.com
1.3.21. Code of Ethics
18.104.22.168. By accepting these terms and conditions, you also accept having read and agreed to the provisions established in the Code of Ethics of the Bwomi Community and which is annexed hereto.
1.3.22. The Password
22.214.171.124. Bwomi has established reliable processes for data management and several techniques to preserve the integrity and security of your password, which is encrypted and impossible to know at any time by us. Therefore, you are responsible for its safekeeping and for not providing it to other persons. You accept full responsibility regarding all the activities that take place in relation to your account and password.
In case you forget or lost your password, you will be able to recover it by requesting a new password through a recovery link in the Login Screen of the Bwomi App, which shall be sent to your email with a link so you can create a new password or contact us at firstname.lastname@example.org
1.3.23. Suspension or Cancellation of your Membership
126.96.36.199. You have the right and the power to temporarily suspend your membership or to definitely cancel your Bwomi membership in accordance with the following conditions:
a) To not keep any received reference outstanding for termination.
b) Insert the suspension code sent to your phone via SMS when selecting the type of suspension you wish to effect in the button “System Preferences” in the Settings Menu of the Bwomi App.
To temporarily suspend your membership, you should confirm your suspension by inserting the code received by SMS, when you decide to reactivate your membership you should only insert your username and password.
If you wish to cancel your membership, you should insert the verification code received by SMS, this way your membership will be hidden for 30 days in case you choose to change your mind, once such period is passed, it will be definitively canceled.
188.8.131.52. You understand and agree that your membership information will not be deleted, it will only be temporarily or definitively hidden depending on your choice.
1.3.24. Communications made to and from Bwomi LLC.
184.108.40.206. Instructions to act in a timely manner: To receive the proper attention to your communication as a Bwomi member, we put at your disposal the following email email@example.com or to contact other departments, please visit our website at www.bwomi.com
220.127.116.11. Communication Registry and Monitoring: Your communication through the support system, the website, the instant messenger, chat, email or phone line can be registered and monitored, by using such communication tools you consent to such registration and monitoring.
18.104.22.168. Email Forbidden Content: All our employees are strictly forbidden from using emails to send any kind of statements or materials which are of threatening, discriminatory, harassing, offensive or intimidating nature, or statements or materials which infringe the policies established by the company. Such communications are against company policies. Bwomi is free from any responsibility related to communications of such nature. Any employee who incurs in such practices will be personally responsible for all resulting damages and torts. It is strictly forbidden to use the company’s facilities to perform any of said practices, whoever breaches this provision will be reported to the authorities.
22.214.171.124. False and Negligent Statements: Bwomi is not responsible for any wrong or false information derived from gross error or negligence received by you that may have been provided by third parties whether by email or by any other kinds of communication used by the company.
126.96.36.199. Email Exclusion: Bwomi sends emails for specific communication purposes to keep the good operation of the Bwomi App, only purposes which are not required to be addressed via email can be turned off in the App’s Settings Menu (See Setting Menu).
188.8.131.52. Viruses: Viruses: Computer viruses can be spread by email and its content, such as attachments and embedded links. Even when we assume our emails to be free of viruses and other defects that may affect computer systems receiving them, is under the responsibility of the recipient, to make sure that any opened email is free from any virus. Bwomi is not responsible for any damage or loss resulting from receiving, using, storing, or forwarding any emails sent by us. If our company forwards or answers any prior email, someone other than our company or our employees may produce the content. Therefore, Bwomi does not assume any responsibility in any case. The use of email to introduce any virus, malware or malicious data or any other interfering with the issuance of company emails, telecommunications or computer networks is forbidden and is against the law, whoever engages in such violations will be reported to the authorities.
1.4. SUBSCRIPTION COSTS, PAYMENT METHODS, AND OTHER CONCEPTS.
1.4.1. Prices: You agree to pay your subscription in US dollars or its equivalent in your own currency, in accordance with the membership of your preference and at the prices established by Bwomi.
1.4.2. Promotions: Bwomi has a sophisticated system of promotions and discounts depending on a series of filters, you may receive a personal notification from the Bwomi App with some type of promotion or discount which has been exclusively prepared for your personal Bwomi account, you cannot use such benefit in any other account.
1.4.3. Payment Method: Any payment, for whatever concept, shall be paid through the Bwomi App, which allows debit and credit payment methods as well as bitcoins. Subscriptions are paid annually and in six-months periods.
1.4.4. Reimbursements: You may request a full payment reimbursement within the first 15 days after the date of payment without any justification, afterward, as established in our reimbursement policy, no partial or total reimbursement shall apply. Our reimbursement policy is available in the Bwomi App and on our website www.bwomi.com
1.4.5. Account transfer: No user’s account may be ceded, transferred, or sold since it represents information produced by and for the reputation of the user.
1.4.6. Subscription renewal: If you have a Master or Premium Bwomi Membership, and your membership subscription ends without you having renewed it, not even in the 5 days’ grace period we offer to you, your membership will be downgraded to the Free version, keeping only the information of your last 15 added contacts and or the 15 contacts with whom you have outstanding operations.
1.4.7. Waiver of a Subscription’s term due to Membership Upgrade or Downgrade: If you pay one subscription and prior to said subscription’s expiration you decide to upgrade or downgrade your membership (e.g. Master to Premium), you agree to cancel the remaining validity of your original subscription and to initiate the term of your newly acquired subscription.
1.4.8. Temporary Suspension or Definitive Cancellation of your Membership: You will be able to temporarily suspend your Membership and reactivate it later when you choose to or to cancel it definitely. (See section 1.3.23.)
2. INFORMATION INPUT, MANAGEMENT, AND PRIVACY.
2.1. Information input
2.1.1. You state having provided information necessary for the creation of your Bwomi account, hereby you expressly and voluntarily consent to use and manage your account in accordance with Bwomi’s Privacy Notice and Policy, both available at Bwomi’s website www.bwomi.com
2.2. Managing your information in the United States
2.2.1. You accept that all the information provided by you to Bwomi is transferred, processed and stored on servers located in the United States and to be subjected to the laws applicable to data protection in such country; you release Bwomi from any legal responsibility in your country of origin.
2.3. About our commitment to Data Security.
184.108.40.206. Bwomi has reliable data management processes and several techniques to preserve the integrity and security of your personal information. However, we cannot guarantee at a 100% the security of the information since technology is in constant evolution, as are the different types of cyber attacks, therefore, even when our security measures meet high protection standards, you accept to share your information with us at your own risk.
2.4. Consent for the use of information provided to Bwomi.
2.4.1. Bwomi will be able to share your contact data when you or another user issue a commercial reference in which you are the client.
Bwomi will not sell, cede or transfer your personal information to third parties without your prior consent, except for the following cases: to investigate, prevent or take any action against illegal activities, suspected fraud or situations that may represent potential threats to the physical safety of any person, the terms and conditions herein, or when required by law or a court order, warrant or equivalent, issued by the government of your country, the international law or when deem necessary, by reasonable doubt, likewise in the case of third parties such as service suppliers, as it may be deemed necessary to maintain or improve Bwomi’s services; we may also share non-personal and identifying information (such as user’s data use anonymous information, exit pages, and URLs, type of platforms, screens visited, number of clicks, etc.) with third parties for the better understanding of usage patterns for content, services, promotions and the functionality of the Bwomi’s website and application.
To retrieve or modify your consent regarding the collection and management of information provided by you to Bwomi, you just need to stop using the Bwomi services, delete your account and uninstall de App from your mobile device.
We may, however, use your phone number or your email address without your consent, for non-commercial purposes such as administrative and technical information, Bwomi events invitations, newsletters, or follow-up of communications to improve your experience with us.
Bwomi also reserves the right to disclose identifying personal information and or non-personal information it deems convenient or necessary to comply with these terms and conditions of use.
For further information regarding Bwomi’s Privacy Notice and Policy, visit the website www.bwomi.com or log into your Bwomi App account and go to “legal information.”
3. CODE OF ETHICS OF THE BWOMI COMMUNITY
3.1. Comply with the Code of Ethics of the Bwomi Community
3.1.1. By downloading and using any of the versions of the Bwomi App, you agree to read, accept, comply, and enforce each and all of the provisions established in the Code of Ethics of the Bwomi Community, to guarantee the good behavior and conduct of users in accordance with best commercial practices between the businesspeople of the Bwomi Community, external clients and society.
You may find the code of ethics on Bwomi’s website www.bwomi.com, and in the Bwomi’s App settings menu, we suggest you read it before starting using the App.
4. The Use of the Bwomi Trademark
4.1. Regulations and policies regarding the use of the Bwomi Trademark
4.1.1. You agree to obey all the regulations and policies related to the use of the Bwomi’s registered Trademark and not use or try to use the Bwomi’s Trademark or the Bwomi platform for any of the following purposes:
a) Any unauthorized, illegal, or forbidden aims or which may harm Bwomi or any third party.
b) To broadcast promotions, send applications, schemes, spam, unwanted email or other unwanted or unauthorized commercial communications.
c) To spread malware, spam or viruses to affect or disable computer systems.
d) To interfere with the Bwomi’s network services.
e) To access without any authorization to Bwomi’s services o patented information.
f) To hamper or limit in any way Bwomi’s capacity to operate its platform or which may prevent users from having access to their account.
g) To use any method, mean or device to have access to the Bwomi’s platform or to allow access to the platform with the purpose of manipulating results information or whatever other purposes other than doing business with Bwomi.
h) Identity theft.
i) Harms minors in any way, including, without limitation, uploading content which infringes statutes regarding child pornography, sexual child abuse and laws forbidding the representation of minors involved in sexual behaviors.
j) To upload objectionable content or images, such as pornographic, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive or harassing.
k) To harm, threat, harass, abuse or intimidate other people in any way or involve content or images representing, promoting, encouraging, signaling, propose or incites to perform a crime or other illegal activities.
l) To undermine or depreciate Bwomi’s reputation or that of its employees, users, or associates.
m) To upload any content or images that infringe the intellectual property or privacy rights of third parties.
n) To illegally upload confidential information, patents, or commercial secrets.
In the case of committing any of the above actions, Bwomi will be able to proceed to:
a) Shut down your account, b) file a lawsuit, c) report the user to the competent authorities.
5. Intellectual Property Rights
5.1. Bwomi Trademark and its uses. All trademarks on the website www.bwomi.com and in the Bwomi App or any other affiliated website including, without limitation, Bwomi’s logos, emblems, slogans, corporate image, and designs are registered Trademarks and or service Brands of Bwomi (the “Trademarks”). You agree not to use or in any other way appropriate Bwomi’s Trademarks, in association with the Bwomi platform or any other affiliated website. You will indemnify Bwomi for any lost or tort executed against it because of unauthorized use of the Bwomi Trademarks, including trials expenses and attorney fees.
Additionally, you acknowledge and accept that:
a) All the Trademarks, source code, calculations, products, materials, data, information, texts, screens, features, services, designs, graphic designs, screen interfaces, website and the Bwomi App operation, are protected by several statutes of intellectual property enacted in the United States and abroad, including without limitation, copyrights, registered Trademarks, and customary law regarding commercial secrets and corporate image.
b) All rights associated with the website content belong to Bwomi LLC. You recognize and accept that you do not acquire any property right by downloading or accessing any website content and acknowledge and accept that you will not, in any case, copy, reproduce, publish, create derivative work, perform, upload, post, distribute, transfer, broadcast, modify or adapt or in any other way develop any website nor will you alter the appearance of any content belonging to Bwomi’s website and application.
6. BWOMI’S LIMITATION OF LIABILITY CLAUSE.
6.1. About your interaction with third parties. Any communication or interaction between you and other Bwomi members, third parties and or advertisers via the Bwomi platform who contacted or agreed to payments, product or service deliveries, and any other kind of terms and conditions, guarantees or representations associated with such negotiations, are only between you and the parties involved. You acknowledge and accept that Bwomi LLC is not responsible for acts or omissions incurred by you and or third parties and shall not be held responsible in any way (whether financial, criminal, civil or any other).
7. INDEMNIZATION IN FAVOR OF BWOMI LLC.
7.1. If you do any unauthorized use of this website or breach these terms and conditions: a) you would be breaking the laws of the United States, as well as applicable state laws, and could be subjected to sanctions and b) you could be responsible for damages caused to Bwomi LLC and or the Bwomi platform. You agree to indemnify and keep Bwomi LLC harmless and free from any cost, lawsuit, expenses or other losses including attorney fees and trial expenses resulting from or which may be related to the use of this website and the Bwomi App, their property registry and or infractions, violations or infringements to these terms and conditions.
8. TRANSITORY TERMS
8.1. The Documents comprised in this contract. These terms and conditions, the privacy notice and the code of ethics of Bwomi comprise the total agreement between the parties (Bwomi and yourself) and shall supersede and cancel any prior or contemporary contracts, lawsuits, representations and understandings between the parties in relation to the subject matter of this document.
8.2. Bwomi is not your fiduciary. Bwomi is not your agent, fiduciary, administrator or representative. None of what has been expressed, mentioned, or assumed in these terms and conditions purports or shall be interpreted to award, any person who is not part of this agreement, any right, remedy or lawsuit or similar right in accordance with these terms and conditions.
8.3. Bwomi does not waive any right. Bwomi will not be considered to waive any its rights or to the remedies described herein unless such waiver is in writing and signed by the CEO of Bwomi LLC. Any delay or omission on our part to exercise our rights or remedies shall not affect or be interpreted as a waiver. The exercise of any right or remedy will not exclude the subsequent exercise of any right or remedy. The breach by Bwomi regarding the strict execution of any provision herein will not constitute a waiver of its rights and to the subsequent exercise of such provision or any other provisions herein.
9. APPLICABLE LAW
You agree to settle any dispute between you and Bwomi LLC by the terms established herein.
9.2. Regarding discrepancies between these terms and conditions and the privacy notice. These terms and conditions shall be read along with our privacy notice. In case of existing any discrepancy between them, the terms and conditions shall prevail, in such case, please contact us immediately at firstname.lastname@example.org
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