TERMS AND CONDITIONS
This Agreement is legally binding between you (“User”, “you” or “your”) and Tech Banana Private Limited (“we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”. “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may no access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Tech Banana Private Limited, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
VPN SERVICE
You understand that we are providing you with a virtual private network (“VPN”) service, which includes, but is not limited to, the use of servers, transport, routers, IP addresses and other equipment and protocols to transmit information over our network (the “System”). You agree to abide by these Terms with respect to your use of the Service.
ACCOUNTS AND MEMBERSHIP
You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
BILLING AND PAYMENTS
You shall pay all fess or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Service you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. 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 billing address/phone number provided at the time the order was made.
LICENSE
4.1 Tech Banana Private Limited hereby grants you a personal, non-exclusive, non- transferrable, limited, and revocable license to use the Tech Banana Private Limited services solely in accordance with the terms. Tech Banana Private Limited reserves all right, title and interest not expressly granted herein under this license to the fullest extent possible under applicable laws. You may not sublicense, assign, or transfer the license granted to you herein, and any attempt to sublicense, assign, or transfer any part of your rights under this Agreement is void.
4.2 You hereby represent and warrant that you will use the services solely for privacy and security needs and in full compliance with all applicable local, state, national, and international laws, rules, and regulations. You shall not agree to, nor shall you authorize or encourage any third party to: (i) prevent others from using the Tech Banana Private Limited services; (ii) use the services for any fraudulent or inappropriate or illegal purpose (i.e., cyber activity); or (iii) act in any way that violates this Agreement.
DATA
5.1 Tech Banana Private Limited values your privacy and strives to maintain it. We only collect the bear minimum information for the provision of our services. Our goal is to protect your privacy but not your computer.
5.2 Tech Banana Private Limited does not store data within its services which permit interference with your personal data.
EXTERNAL SERVICE PROVIDERS
6.1 In order to make the service available, Tech Banana Private Limited cooperates with third party providers (such as Digital Commerce Providers for payment operations or Data Processing Centers for our VPN servers).
6.2 We make best efforts to monitor and choose our partners and secure the services provided to you. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS, SOFTWARE OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. We are not responsible for the availability or compliance of the content provided by Third Party Providers.
ACCEPTABLE USE POLICY
7.1 Our services may be accessed from all around the world, you undertake to ensure that your use of the services will comply with all applicable local laws and regulations. You undertake to comply with all applicable laws, rules and regulations and warrant that you will not and will not permit any third party to use the service in any manner that may breach applicable law or infringe third party rights. Without limiting the generality of the above, you undertake and warrant that you will not and will not allow a third party to (A) reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract any portion of the services (including without limitation any related malware signatures and malware detection routines), or (B) change, modify or otherwise alter the services (including without limitation any related malware signatures and malware detection routines); (iv) publish, resell, distribute, broadcast, transmit, communicate, transfer, pledge, rent, share or sublicense the services; (v) use or attempt to use our platform to upload, store or transmit any data, information or materials that: infringe the intellectual property or other rights of third parties; contain any unlawful, harmful, threatening, abusive, defamatory or otherwise objectionable material of any kind; or otherwise in any way damage, disable or impair the operation of our platform.
7.2 We reserve the right to take appropriate measures when our services are being used contrary to these Terms and applicable laws, including cooperating with public or private authorities as provided by law.
DISCLAIMER
Tech Banana Private Limited provides no warranty of the service or the software. Tech Banana Private Limited is not liable for damages which may occur following the exposure of the identity or the IP address of the user or the breakdown of individual VPN servers. Moreover, Tech Smarter Private Limited provides no warranty for the availability of certain servers within the network and for the performance thereof.
INDEMNIFICATION
You agree to indemnify and hold Tech Banana Private Limited and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your access to or use of the services. The user is solely responsible for his or her actions when using our services.
SUBSCRIPTIONS, RENEWALS & CANCELLATIONS
10.1 Our services are available to you upon selection of your subscription and registration. A full list of subscription plans and pricing is available on the Site. Tech Banana Private Limited reserves the right to amend subscription fees or institute new fees at any time upon reasonable advance notice posted on the Site or sent via email. Any changes to the pricing shall not affect your existing subscription and will become effective upon subscription renewal. Subscription purchases and refunds are handled via multiple third-party payment companies.
10.2 Subscription plans renew automatically by default at the completion of the billing term, provided these is supported by your credit card or either iOS and Android app. The renewal term will be stipulated in your subscription terms at the time of purchase. The subscription fee will be charged automatically to the payment method you last selected. If you would like to discontinue automatic renewal, you may manually discontinue the renewal through your account or email us.
10.3 In the event that you would like to cancel your subscription, you must inform Tech Banana Private Limited of your intention to cancel your subscription at least five (5) days before the next scheduled payment in your billing cycle to avoid being charged for the following month. Your subscription can be cancelled anytime in your account. Your account access will then terminate at the end of that billing period. If cancelling during the free trial period, please do so at least twenty-four (24) hours prior to the ending date and time of your free trial period. If you experience any issues cancelling your subscription, please notify us. Tech Banana Private Limited is unable to process refunds if more than twenty-four (24) hours lapsed since the renewal of your subscription.
REFUNDS
If the signup offers for your plan provided for a 30-day money back guarantee, and if you are less than 100% satisfied with the Tech Banana Private Limited service, we will gladly refund your payment subject to:
The request is made within thirty (30) days from the date of the initial purchase.
Subscriptions purchased via different payment processors are subject to the refund policies of such third parties.
SECURITY
Tech Banana Private Limited uses industry standards methods to protect the service, security of accounts and data from unauthorized access, use or disclosure. However, Tech Banana Private Limited cannot fully defend against all potential security risks. You are solely responsible for your use of the service, maintaining the security of your account and access to the device on which you use the service.
ZERO TOLERANCE SPAM POLICY
13.1 Tech Banana Private Limited enforces a zero-tolerance SPAM policy regarding information transmitted through our network. Tech Banana Private Limited may determine in its sole discretion whether any transmission is considered SPAM. SPAM includes, but is not limited to, the following:
Bulk unsolicited email, promotional material, or other forms of solicitation sent via email that advertise any IP address belonging to Tech Banana Private Limited or any URL (domain) that is hosted by Tech Banana Private Limited.
The use of web pages set up on ISPs that allow SPAM-ing that directly or indirectly reference customers to domains, servers or IP addresses hosted by Tech Banana Private Limited.
Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
13.2 If Tech Banana Private Limited determines that you have posted one or more articles of spam, we may cancel your account immediately and take steps to prevent you from using our network at any time thereafter.
NO-LOGS POLICY
14.1 Tech Banana Private Limited guarantees a strict no-logs policy for its VPN services, meaning that your activities using the services are provided by automated technical process, are not monitored, recorded, logged, stored, or passed to any third party.
14.2 Tech Banana Private Limited does not store connecting time stamps, session information, used bandwidth, traffic logs, IP addresses or other communications data. Only basic payment information is processed through our payment processing partners.
MINORS
Tech Banana Private Limited services may be used by persons aged at least 18 years old. You are disallowed to connect and use the VPN services if you are a minor, a competitor of our business, if you have been or are prohibited to access the services, or if your account has been suspended or closed due to any reason.
THIRD PARTY LINKS
The service may contain links to websites operated by third parties. Tech Banana Private Limited may monetize some of these links through the use of third-party affiliate programs. Tech Banana Private Limited does not have influence or control over any such third-party websites and unless otherwise stated, is not responsible for and does not endorse any third-party websites or their availability or contents.
EXPORT CONTROLS
The services are subjected to the export control laws of various countries including without limit the laws of Canada and the United States. You agree that you will not submit the services to any government agency for licensing consideration or other regulatory approval without the prior written consent of Tech Banana Private Limited and will not export the services to countries, persons or entities prohibited by such laws. You are responsible for complying with all applicable legal regulations of the country where you are registered, and any foreign countries with respect to the use of services by you or your affiliates.
PROPRIETARY RIGHTS
The copyright in all material contained on, in or available through the service including all information, data, text, sounds, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material is owned/licensed by Tech Banana Private Limited. All rights are reserved.
APPLICABLE LAW
These terms and conditions and any other claim, dispute or complaints are strictly governed by the laws of Canada. Based on the foregoing any grieved user may seek redress under the laws of Canada.