This Terms of Use Agreement (“Agreement”) sets forth the terms and conditions governing the use of the mobile website and application owned and operated by OnMobile Bangladesh Technologies Private Limited, having its office at Baliaaree (4th floor), Plot #30, Road # 130, South Avenue, Gulshan – 1, Dhaka – 1212, Bangladesh (“OnMobile”) downloaded or otherwise acquired, accessed, or used by you (the “Platform” or “Fundesh”) that is designed to operate on any cellular or mobile phone device you own or control (“Device”). For the purposes of this Agreement, OnMobile includes the company, any subsidiaries, affiliates, and each of their members, officers, agents, partners and employees. The terms “you” or “your” each refers to you as the end user and licensee of the Platform under this Agreement.

I.  Acceptance of the Terms of this Agreement

A.  BY ACCESSING, DOWNLOADING, OR USING THIS PLATFORM, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. This Agreement is an electronic contract that establishes legally binding terms you must accept to use the Platform. Carefully read all of the terms and conditions before proceeding. If you do not agree to the terms of this Agreement, do not access, download, or use the Platform.

B.  IN ADDITION, WHEN USING PARTICULAR FEATURES AND PLATFORM ON THIS PLATFORM, YOU WILL BE SUBJECT TO ANY POSTED GUIDELINES AND RULES APPLICABLE TO SUCH FEATURES AND PLATFORM, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE.

C.  Your use of the Platform is subject to OnMobile’s Privacy Policy (link https://fundesh.com.bd/fundesh/profile/privacy) and OnMobile’s Intellectual Property Rights Provisions infra Section VII.

D.  The Platform and this Agreement, including the Privacy Policy, may be updated, revised, supplemented, or modified by OnMobile from time to time. Any such changes to the Agreement will be effective immediately upon posting on OnMobile’s website. Registered users are encouraged to review this Agreement and the Privacy Policy periodically for changes.  If you do not wish to accept any such revision or modification, please uninstall and discontinue using the Platform.

E.  This Agreement governs all rights and duties between you and OnMobile. You acknowledge that this Agreement is the complete statement of the agreement between us respecting the Platform and it supersedes any prior communications between you and OnMobile regarding the Platform.

II  Definitions

For the purpose of this Agreement:

a.  “bKash” shall mean a mobile financial services company operating under a license issued by the BRAC Bank in Bangladesh.

b.  “bkash Account” shall mean an active designated bank account allocated to a User by bKash;

c.  “Content” shall mean and include the Sports Content, Games Content, music videos, audio, full length feature films, television shows, non-feature film videos, sports clips and other varied content which is streamed by OnMobile and/or the Content Provider through its Portal;

d.  “Content Provider” shall mean an entity which is engaged in the business of production and distribution of audio-visual entertainment in the form of full length feature films, non-feature film videos, promotional videos, music videos, games, sports video, editorials and various other content;

e.  “Content Provider Portal” shall mean an online web streaming service, including a mobile application, owned and operated by the Content Provider;

f.  "MSISDN" means the Mobile Subscriber Integrated Services Digital Network- Number.

g.  “You/User” shall mean the end user accessing the Platform and the Content offered on the Platform having a valid MSISDN and bKash Account.

III  Content and Platform of OnMobile:

A.  Fundesh

i.  Fundesh is a content aggregator platform that offers Content to its Registered Users.

ii.  Users can register and subscribe to view and access the Content offered on the Platform.

iii.  The Platform is free to access and there is no subscription fee for browsing the Platform.

iv.  The Content is developed and streamed by OnMobile and/or its Content Providers, available on the Platform.

v.  The Platform offers various curated Content provided by the Content Providers with individual subscription offers on the respective Content Provider Portals.

B.  OnMo Games Application

i.  OnMo Games is a subscription service that offers unlimited games, personalized according to age group (“Games Content”), through the mobile application available for download on the Platform.

ii.  Users will be able to define a personal PIN. Parental PIN can supersede the child PIN ensuring it is the master PIN of the service and allowing the parent to have full control without any risk.

iii.  Offline content is available while the User has an active subscription.

iv.  For non-registered Users there is a limited amount of free content they will be allowed without registering or creating a profile.

v.  All contents are absolutely free of advertisements and there will be free In-App purchases of any form inside any of the Content.

vi  OnMo Games allows users to consume all Games Content within the application, without limit, for the duration of the user’s valid subscription.

vii  The User may also consume the same content using the same OnMo Games Application on other registered and digitally linked devices unrestrictedly.

viii  Parental Control:

(a)  Parental control will allow parents to set access rules such as ‘allowed time’ and ‘type of content’.

(b)  Parental control will also allow monitoring of how children are using the service.

(c)  Parents will be able to monitor the usage, review / view history and understand much more about their child`s usage pattern using this feature.

(d)  Each child can be offered a unique and exclusive profile with all parental options customizable for each child profile.

C.  OnMo Sports

i.  ONMO Sports is a mobile web page which aggregates Content for different sports worldwide for the User.

ii.  With ONMO Sports, the User will be able to access and view news, videos, scores, fixtures, editorials and viral content (“Sports Content”) in sports across the world.

iii.  The Sports Content offered on the OnMo Sports at any time means an online offer of sale to the Users.

IV.  Eligibility

A.  You must be at least 18 years of age to view and access this Platform.

B.  By accessing and using the Platform, you represent and warrant that you are at least 18 years of age and have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of the Agreement.

C.  If you are under the age of 18, you should use the Platform only with the consent of a parent or guardian.

V.  Registration

In order to access the Platform and view the Content, you are required to register on the Platform, which may involve without limitation, setting up of a profile, by providing your MSISDN, or username and password, your name and other personally identifiable information. OnMobile may access your MSISDN or request you to enter other details such as email id etc. along with the MSISDN, once registered, You will be notified on your Device as a registered User (“Registered User”). You will be solely responsible to ensure confidentiality of your username or passwords or account with the Platform. By registering, you hereby grant consent for contacting you via telephone or email based on the information furnished by you either to us, or our affiliates or third parties nominated in this regard for providing better services or for promotional activities related to the Platform. You agree that the basic customer information, personally identifiable information, provided by you are true, complete and accurate, and agree not to submit any particulars which are false or any information you do not have any right or authority to provide. You are solely responsible for maintaining the confidentiality and security of all activities that occur on or through your access of the Platform. We do not collect any information from minors.

IV.  Information collected for Registration.

A.  You may register and provide information about yourself (such as your name and age-group), including a username and password you designate to access the Platform (“Personal Information”).

B.  Your Personal Information is password protected, and any Personal Information you provide to the Platform is protected from unauthorized disclosure by reasonable technological measures.

C.  We recommend that you do not divulge your password to anyone.

D.  At no time will an employee of OnMobile ask for your password via email. If you have any questions about your Personal Information, please see OnMobile’s Privacy Policy (link https://fundesh.com.bd/fundesh/profile/privacy )

VII.  Price and Payment Policy

A.  Subscription: All the Content available on the Platform is an “all you can eat (AYCE)” subscription service, whereby a Registered User can view and access the Content, upon subscription.

B.  The User can subscribe for the service by clicking the "SUBSCRIBE" (or its equivalent) button on the Platform.

C.  The subscription fee, which shall be displayed to the User on the Platform.

D.  There will be an automatic renewal every month (30 days) which will be charged to your registered payment mode.

E.  Your Subscription is linked to your phone number and identification will be through MSISDN. You will have multi-device access and the Platform will be available in English, Hindi and Bangla only.

F.  Cancellation: You can unsubscribe from the Platform at any moment by going to ‘settings > manage subscriptions’. In case of cancellation, Your subscription shall continue to the extent of the paid period of the month.

G.  User can also call customer care asking for immediate subscription cancellation.

H.  In the event of cancellation of subscription, the Games Content downloaded on the User’s Device will no longer be available for access to the User.

VIII.  Payment Method and Policy

A.  OnMobile may offer you multiple payment options online for paying the Subscription Fee. However OnMobile reserves its right to add or delete any mode of payment without any prior notice.

B.  The online payment mode includes bKash account, and may include credit cards, debit card, net banking, etc. Acceptance of card payment is at the sole discretion of OnMobile.

C.  While availing any of the payment method(s) available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

i.  Lack of authorization for any transaction/s; or

ii.  Exceeding the present limit mutually agreed by you and your issuing bank; or

iii.  Any payment issues arising out of the transaction; or

iv.  Decline of transaction for any other reason/s.

D.  OnMobile will not be liable for any banking fraud. The liability for use of Your bKash Account fraudulently will be on you and the onus to prove otherwise shall be exclusively on you. All information collected by us shall be governed as per our Privacy Policy. OnMobile will not be responsible for any transactions you make for using any portion of the Platform. All claims and complaints for any failed or incorrect transactions must be directed to our payment processing partners and/or your bank (as the case may be).

E.  All payments made against the Subscription on the Platform by you shall be in Bangladeshi Taka (BDT) only. The Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Platform.

F.  You represent and confirm that the details of the bKash Account that is being used is yours or that you have been specifically authorized by the owner of the bKash Account to use it. You further agree and undertake to provide the correct and valid account details to carry out a transaction on the Platform. If bKash refuses to authorize payment to us, we will not be liable for any delay or non-delivery.

IX.  License Grant

A.  OnMobile grants to you a non-transferable, non-exclusive and revocable license to install multiple copies of the Platform on your compatible Devices and use the Platform according to the terms and conditions set forth in this Agreement. The Platform is licensed, not sold, to you and remains the sole and absolute property of OnMobile. Except as expressly granted by this Agreement or otherwise by OnMobile in writing, you acquire no right, title or license in the Platform or any data, software, content, Platform or materials accessed from or incorporated in the Platform.

B.  This Agreement does not give you any rights to any updates or upgrades to the Platform or to any maintenance releases, patches, fixes, extensions or enhancements to the Platform developed by OnMobile at any time in the future. Except as required under applicable law, this license does not entitle you to receive any maintenance or support Platform with respect to the Platform.  OnMobile may elect to provide users with updates and/or support Platform. If provided by OnMobile, updates may be delivered automatically or you may be notified when a new update is ready to be installed, or we make such updates available for download. You authorize OnMobile to deliver automatically any update if we believe it is necessary to provide for the continued functionality of the Platform or for any reasonable business purpose. Your use of the updates will be governed by this Agreement unless you are asked to agree to new or additional terms at the time of download or installation. You also agree that you may have to enter into a renewed version of this Agreement if you want to download, install or use a new or modified version of the Platform. 

X.  License restrictions

You agree to the following license restrictions:

A.  To use the Platform solely for your personal use and as set forth in this Agreement;

B.  To not install or use a copy of the Platform on a device that you do not own or control;

C.  To not duplicate, copy or distribute the Platform, except as necessary to use it on your Device;

D.  To not license, sell, rent, lease, lend, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Platform or make the Platform available to any third party;

E.  To not use the Platform for any fraudulent, unlawful, or illegal activity or in any way that could harm the Platform or impair anyone else’s use of it or a wireless network or to try to gain unauthorized access to any service, data, account or network by any means;

F.  To not modify, translate, or create derivative works based on the Platform or disassemble, decompile or reverse engineer any part of the Platform, except and only to the extent that applicable law expressly permits, despite this limitation;

G.  To not work around any technical limitations in the Platform; and

H.  To not use the Platform for any activity tortious to any third party.

I.  The Content(s) that you access and the corresponding rights are intellectual property of their respective owners and may be used only on your Device connected to internet via mobile internet or wi-fi, in which they have been offered either as an editorial, audio, videos and other text based content along with design elements to play solely on the Device. It is strictly forbidden to transmit such content from your cell phone or any other device, regardless of the means or purpose of the transmission.

XI.  Term and Termination

A.  OnMobile, as applicable reserves the right to suspend, discontinue, enhance, update or otherwise modify the Platform, or its availability to you, at any time without notice and in its sole and absolute discretion. Any breach of the provisions of this Agreement constitutes cause for termination without notice and without reimbursement for any payments previously made. OnMobile is not required to disclose the reason for the termination and is not liable to you for any such suspension, discontinuance, or modification.

B.  Upon termination of the license, your use of the Platform will be suspended indefinitely and any license granted hereunder will be revoked and terminated in its entirety.

C.  All terms of this Agreement survive any termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied, such as the license grants.

XII.  Right to Use the Platform.

Your use of the Platform, must comply with all applicable laws and regulations. You cannot erase or remove content and you agree that OnMobile may access and preserve your information, without notice or consent, if required to do so by law or in a good faith belief that such access or preservation is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Platform in the future; or (v) protect the rights, property or personal safety of OnMobile or any other person.

XIII.  Intellectual Property Rights

A.  OnMobile and/or the Content Provider(s) owns, or is the licensee to, proprietary rights in the Platform and/or the Content Provider Portals, and in all content, copyrighted material, trademarks, trade names, Platform marks, and other intellectual property rights related thereto. You agree to not copy, modify, adapt, translate, transmit, create any derivative works from, make use of, reverse-engineer, disassemble or otherwise attempt to derive source code from, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Platform. You agree to not remove, obscure or otherwise alter any copyright, trademark, or other proprietary rights notices appearing, affixed to, contained within, or accessed in conjunction with or by this Platform.

B.  ONMO Sports Portal elements are likely to provide the information contained on the website as drawings, designs, sounds, videos, texts, photographs, etc. OnMobile and/or its service providers have contracted to third parties to conduct studies and investigations, as well as drawings, designs, sounds, videos, texts, or photographs, which are displayed on the ONMO Sports Portal. OnMobile and its service providers warn that they do not have full ownership of these elements nor do they own all of the development information contained therein, therefore some of the text, graphics, links and / or the content of some articles may not be accurate or updated. OnMobile and/or its service providers are therefore not responsible for any information or content obtained from linked sites.

C.  You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement, please contact OnMobile’s content removal team by sending an email to takedown.requests@onmobile.com, and provide:

  i.  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  ii.;  a description of the copyrighted work that you claim has been infringed;

  iii.  a description of where the material that you claim is infringing is located on the Platform (and such description must be reasonably sufficient to enable OnMobile to find the alleged infringing material, such as a url);

  iv.  your address, telephone number and email address;

  v.  a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

XIV.  Links

The Platform provides links to various websites, applications, services, for your convenience only and we have no control over the linked websites and or applications. We do not maintain, sponsor or recommend any third party websites, though the Platform may contain advertisements, except to the extent of the Content Provider Portals which shall be endorsed and distributed by OnMobile. We do not assume any responsibility for them or their content or accessibility. In particular, we shall not be liable for any infringement of intellectual property rights of any person, or any information or opinions on third party websites. Your use of those linked sites, mobile software applications, and services are subject to the terms of use and Privacy Policies of each such website(s), applications and or service(s) (in addition to this Agreement and the Privacy Policy)

XV.  Disclaimer of Warranty

A.  This section will apply to the maximum extent permitted by applicable law. OnMobile provides the Platform on an “as is” and “as available” basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Platform (including all information contained therein), including any implied warranties of merchantability, fitness for a particular purpose or non-infringement. OnMobile does not warrant that your use of the PLATFORM will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the PLATFORM will be corrected. OnMobile disclaims liability for, and no warranty is made with respect to, the connectivity and availability of the Platform.

B.  Due to the different features and technical capabilities of various devices used to access the Content, the audio clip or videos watched whilst accessing the Sports Content may vary depending on the device being used.

XVI.  Limitation of Liability

Whoever uses this Platform does so at their own risk. OnMobile is not responsible for any errors or omissions in the content of the site or other content that may be accessed through it nor can OnMobile be held liable for any damages arising from the use of this site, or for any action taken on the basis of the information provided therein.

TO THE EXTENT LEGALLY POSSIBLE, YOU AGREE TO HOLD HARMLESS OnMObile, ITS ASSOCIATED COMPANIES AND SUBSIDIARIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS AND EMPLOYEES FROM AND AGAINST ALL LOSSES, LIABILITIES, CLAIMS, DEMANDS, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING FROM ANY CONTENT OF ANY TYPE OF PLATFORMS, SOFTWARE OR THIRD-PARTY CONTENT. YOUR USE OF THE SERVICE OR THE SITE, YOUR CONDUCT IN CONNECTION WITH THE APP, OR ANY BREACH OF THIS CONTRACT, ANY LAWS OR RIGHTS OF A THIRD PARTY.

Therefore, to the extent legally possible, we (together with our officers, directors, employees, representatives, associates and suppliers or third parties connected to us) will not be liable for (a) any damage, economic loss or virus that may infect equipment, software, data or other property as a result of accessing our website, or downloading content from it (b) any injury, destruction, loss, claim, cause of force majeure, accident, delay or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, without limitation, loss of profits or savings) arising out of contract, negligence, strict liability or otherwise arising out of or in any way connected with: (i) use of our website or the content; (ii) any failure, delay (including the inability to use any component of our website to access purchases); (iii) the performance or inactivity of us or a supplier, even if we are advised that such damages will occur. OnMobile shall not be liable for any economic loss or damage suffered by you as a result of your access to our website, downloading content from our website that is not covered by the foregoing paragraph, except in the event that the damage is directly caused by the negligence of OnMobile, in which case, liability shall be limited to cover damage directly caused in compliance with Bangladesh consumer regulations.

Nothing in these terms of use excludes or limits (i) the liability of both parties for death or injury caused by fault or negligence or which may constitute fraud; or (ii) your rights as a consumer.

XVII.  Contact, hotline and customer service

For any customer service contact or any technical issues related to the Platform, User will have to write support.fundesh@onmobile.com

XVIII.  Governing Law

This Agreement and all matters relating to your access to or use of the Platform, including all disputes, shall be governed by and construed in accordance with the laws of Bangladesh without regard to choice of law or conflicts of law principles.

XIX.  Indemnity

You agree to indemnify and hold OnMobile, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement and the violation of any law or regulation by you.

•  I CONSENT TO BE BOUND BY THIS AGREEMENT