Terms of service
Effective Date: September 28, 2024
1. Overview
This website, located at https://bongpong.com/ (the “Site”) is operated by Bong Pong, Inc. Throughout these Terms & Conditions (the “Terms”), the terms “Bong Pong,” "we," "us," and "our" refer to Bong Pong, Inc. Bong Pong offers the Site, including all information, tools, and services available from the Site to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated in these Terms.
PLEASE REVIEW THESE TERMS CAREFULLY. These Terms not only include terms and conditions governing your use of the Site but also the purchase of our products through the Site.
By accessing or using our Site, you confirm you are not located outside the United States, are at least 21 years old and agree to be bound by these Terms. If you are not at least 21 years old, do not reside in the United State or do not agree to all the terms and conditions set forth in these Terms, then you may not access the Site.
BINDING ARBITRATION
THESE TERMS & CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND BONG PONG MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST BONG PONG TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW SECTION 17 (ARBITRATION AGREEMENT) FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH BONG PONG.
2. Legal Use of Products
Our products are intended to be used with legal herbs only. They are not designed, nor intended, for use with THC or other controlled substances. By purchasing our products, you agree to use them in compliance with all applicable local, state, and federal laws.
3. Modifications to the Products and Prices
Prices for our products made available on the Site are subject to change without notice, at our sole discretion. We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Site.
4. Products or Services
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return FAQs. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
If you purchase a product offered by Bong Pong, you expressly represent and warrant that: (a) you are at least 21 years old; and (b) that the product has not been purchased with the intent to resell the product or provide the product to someone who is not 21 years old. You further understand and acknowledge that Bong Pong cannot accept your order if your age has not been verified.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. As set forth above, all descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Site will be corrected.
All products offered for purchase on the Site are subject to availability. Any Bong Pong publication concerning our products may include inaccuracies or typographical errors. Bong Pong shall not be held responsible for any pricing, typographical, or other errors in such publications. Changes may be periodically made to these publications. Bong Pong may make improvements and/or changes in the products described in these publications at any time without notice.
5. Accuracy of Billing and Account Information
We reserve the right to refuse or cancel any order you place with us, in our sole discretion, at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our independent third-party payment processor. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order or if additional information is required to accept your order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You understand that products purchased by you and shipped to your designated location may be subject to applicable foreign, state or local sales or use tax, privilege tax, excise tax or similar transaction-based taxes (“Taxes”). The amount of Taxes is based on a number of factors, including but not limited to the amount of product purchased and your designated delivery address. Taxes and shipping costs are not included within the listed prices for products displayed on the Site but are included as a separate line items and will be displayed to you before confirmation of any purchase. You are responsible for paying the applicable purchase price for products purchased through the Site, including shipping costs, and paying applicable Taxes associated with the purchase and sale of the products.
Payment will be processed by Bong Pong’s independent third-party payment processor, using the payment method you designate or that is designated in your account. If you would like to use a different payment method, please visit your account settings to update your billing information. We may charge another stored payment method if your default payment card is declined or no longer available to us.
You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Certain features of the Site, including placing orders, may require you to pay fees to Bong Pong or its third-party vendors, including, but not limited to, service fees and surge fees. Bong Pong may change the fees at any time as we deem necessary or appropriate for our business. You acknowledge and accept that a fee will be charged, and you agree to pay such a fee.
6. Intellectual Property
The Site, and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Site (collectively, the “Content”) are the property of us or our licensors, as applicable. The Site and Content are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.
7. License
Bong Pong grants you a limited license to access and make personal use of the Site subject to these Terms. You agree not to reproduce, duplicate, copy, sell, resell, frame or exploit for any commercial purpose any portion of the Site without the prior express written permission of Bong Pong.
8. General Conditions
We reserve the right to refuse service to anyone for any reason at any time. Your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
9. Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on the Site is not accurate, complete, or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Site is at your own risk.
10. User Accounts
You may register an account on the Site. You agree that the information you provide to us during the registration process and at all other times when you use the Site is accurate, current, and complete, and that you will keep it up-to-date at all times. If you provide any information that is, or that Bong Pong has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, Bong Pong has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You are the sole authorized user of any account you create through the Site and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your accountholder status, and you may not assign or otherwise transfer your account to any other person or entity. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us at the contact information set forth at the end of these Terms. Bong Pong will not be liable for losses, damages, liability, expenses, and fees incurred by Bong Pong or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
11. Links to External Websites and Online Services
Certain content, products, and services available via our Site may include materials from third parties. Our Site may contain links to third-party websites and online services. Any access to and use of such third-party websites or online services is not governed by these Terms or our Privacy Policy, but is instead governed by the terms and conditions and privacy policies of those third-party websites or online services. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, websites or online services, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites or online services.
12. User Comments, Feedback, and Other Submissions
All material, information or other communication you submit, transmit, upload or post to this Site including any reviews, photographs, videos, ideas, comments, suggestions, feedback, data, images, sounds, text or the like (“Feedback”) will be considered non-confidential and non-proprietary. Except with respect to personally identifiable information, which we will collect, use and disclose in accordance with our Privacy Policy, Bong Pong will have no obligations with respect to the Feedback. You hereby assign to Bong Pong all intellectual property rights, including any moral, publicity and privacy rights you have in any Feedback. By submitting the Feedback to Bong Pong, you agree that we are free to use the Feedback, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identified form. Without limitation, Bong Pong and our designees may, at any time, without restriction, edit, copy, publish, disclose, distribute, translate, incorporate, publicly display, publicly perform, modify, create derivative works of, commercialize and otherwise use in any medium any Feedback.
13. Personal Information
Please review our Privacy Policy (“Privacy Policy”) which also applies to your use of the Site.
14. Prohibited Uses
In addition to other prohibitions as set forth in these Terms, you are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) Accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) Accessing or using the Site or any portion thereof without authorization; or (d) Introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
You further agree not to use the Site or its Content: (a) For any unlawful purpose; (b) To solicit others to perform or participate in any unlawful acts; (c) To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) To submit false or misleading information; (g) To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability ; (h) To collect or track the personal information of others; (i) To spam, phish, pharm, pretext, spider, crawl, scrape, or use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site; (j) For any obscene or immoral purpose; (k) Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent; (l) Use any device, software or routine that interferes with the proper working of the Site; (m) To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or (n) Otherwise attempt to interfere with the proper working of the Site.
We reserve the right to terminate your use of the Site for violating any of the above prohibited uses.
15. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your access or use of our Site will be uninterrupted, timely, secure, or error-free, or that defects in the Site will be corrected. We do not warrant that the Content or results that may be obtained from the use of the Site will be accurate or reliable. You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site at any time without notice to you.
You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all Content, products and services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Bong Pong, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Site or any products procured using the Site, or for any other claim related in any way to your use of the Site or any product, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Site or any Content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Your sole remedy for dissatisfaction with the Site, Content, information contained within the Site, any linked site or any products purchased through the Site is to stop using the Site and/or those products. To the extent any aspects of the foregoing limitations of liability are not enforceable, our maximum liability to you with respect to your use of the Site and any products purchased by you through the Site is the cost of the product you purchased. The foregoing limitations apply even if the remedies under these Terms fail of their essential purpose.
Any claims arising in connection with your use of the Site or any products purchased through the Site must be brought within one (1) year of the date of the event giving rise to such action occurred.
16. Indemnification
You agree to indemnify, defend, and hold harmless Bong Pong, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of: (a) your breach of these Terms or the documents they incorporate by reference; (b) our termination of your access to or use of the Site; (c) your violation of any law; or (d) the rights of a third-party.
17. Arbitration Agreement
Arbitration. Any dispute, controversy, or claim between us arising out of or relating in any way to your account or any purchase you make from us will be resolved by binding arbitration, rather than in court, except that you or we (a) may elect to assert claims in, or transfer claims to, small claims court if your or our claims qualify, and (b) bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders. The Federal Arbitration Act and federal arbitration law shall apply to this arbitration agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
At least thirty (30) days before beginning an arbitration proceeding, you must send an individualized letter personally signed by you, and identifying yourself by name and address, detailing your legal claims, the requested relief and requesting arbitration to P.O. Box 2009 South Hamilton, MA 01982 by certified mail, Federal Express, UPS or USPS express mail (signature required). We will do the same; except in the event that we do not have a physical address on file for you, by electronic mail to the last known address. Within thirty (30) days of such notice, either party may respond to the letter with a request for an informal dispute resolution conference between the parties by video, with counsel present if the party is represented, and the parties agree to so conduct such conference personally and individually in good faith before initiating arbitration. All applicable claims or filing limitations period shall be tolled during the pendency of this pre-arbitration notice period.
The arbitration will be conducted by JAMS under its applicable rules unless otherwise stated herein. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.
You and we also agree to delegate the issue of arbitrability to a court of competent jurisdiction, rather than to the arbitrator.
If you are a prevailing party, you may seek reimbursement of your fees and costs. However, we may seek our attorney’s fees and costs if the arbitrator finds your claims to be frivolous or brought for an improper purpose or otherwise not satisfying Federal Rule of Civil Procedure 11. There will be only one arbitrator, not a panel.
You and we also agree that, if more than one dispute arises against a party regarding the same or substantially similar issues filed by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, our respective claim(s) will be arbitrated in a coordinated fashion such that JAMS shall (a) administer the arbitration demands together; (b) appoint one arbitrator for the coordinated demands; and (c) issue one set of filing and administrative fees due per side, one procedural calendar, and one hearing (if any) in a place to be determined by the arbitrator. To the extent the parties disagree on the application of the provisions of this paragraph, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of this paragraph and process. The Administrative Arbitrator’s fees shall be paid by us. This arbitration agreement will survive termination of the agreement.
Enforceability. If this arbitration agreement is invalidated in whole or in part, by either a court or by JAMS (or another chose arbitral forum), then the entire arbitration agreement shall be null and void and either party may elect to proceed with the dispute in court. The parties agree that the exclusive jurisdiction in Section 21(Governing Law) shall govern the claim.
Jury Trial and Small Claims Court. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders.
Class Action Waiver. Regardless of arbitrability, we each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or in a court of law, will be conducted only on an individual basis and not in a class, or representative action. Therefore, you waive all rights to bring claims on behalf of a class of persons; however, you may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis or otherwise coordinating claims filed in arbitration.
18. Severability
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
19. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Site, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site (or any part thereof).
20. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
21. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to any conflict of law principles. Further, you and we agree to the jurisdiction of a state or federal court in the Commonwealth of Massachusetts to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms (and any non-contractual disputes and/or claims relating to or arising in connection with it) and that is not subject to mandatory arbitration under Section 17 (Arbitration Agreement) above .
22. Miscellaneous
You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site and any Site-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account and any contents generated by you on the Site, block your access to the Site, block IP addresses.
23. Changes to these Terms
You can review the most current version of these Terms at any time at this page. The Effective Date of these Terms is set forth at the top of this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site following the posting of any changes to these Terms constitutes acceptance of those changes.
24. Contact Information
Questions about these Terms should be sent to us at contact@bongpong.com.
25. Shopify
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases, and the general Shopify application. They store your data on a secure server behind a firewall.
Payment:
If you choose a direct payment gateway to complete your purchase, Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service or Privacy Statement.
