Boon Platform Services (BPS) Terms and conditions
Rev.
BOON PLATFORM SERVICES (BPS) TERMS AND CONDITIONS
___________________
(Last Updated June 9, 2020)
1. Overview
Welcome to Boon Platform Services (BPS) and Boon30.com
These Terms of Use (“Terms“) apply to your access to, and use of, any website of Boon Platform
Services (BPS) (hereinafter referred to as “Boon Platform Services (BPS) “), including
www.Boon30.com, or other online products or services of Boon Platform Services (BPS)
(collectively, the “Services“). These Terms do not alter in any way the terms or conditions of any
other agreement you may have with Boon Platform Services (BPS) for products, services or
otherwise. If you are using the Services on behalf of any entity, you represent and warrant that
you are authorized to accept these Terms on such entity’s behalf, and that such entity will be
responsible to Boon Platform Services (BPS) if you violate these Terms
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU
AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
If you have any questions regarding the Services, please contact Boon Platform Services (BPS)
Support team by emailing Contact@Boon30.com
1. Overview
2. Terms and Agreements
3. Description of Services
4. Accounts Registration
5. Car Owners/Car Service Provider Account Sign up
6. Scheduling a Job
7. Privacy and Data Protection
8. Payment Terms
9. License to Use
10. Cancellation of Jobs by You
11. Cancellation of Jobs by Technicians/Car Service Provider
12. Applicability
Boon Platform Services (BPS) Terms and conditions
13. Eligibility
14. Online service Terms
15. Ownership
16. User Content
17. Service Amendments
18. Repeat Infringer Policy
19. Copyright Complaints
20. Applicable Copyright Laws and License
21. Reservation of Rights
22. Location-based Services.
23. Public Discourse and Forums
24. Cookies Notice
25. Advertisements and Promotions; Third-Party Products and Services
26. Prohibited Use
27. No Warranty
28. Indemnification
29. Disclaimers
30. Limitation of Liability
31. User Feedback
32. Protection of Personal Data and Confidential Information
33. Service Amendment
34. Residents of California
35. Consent to Electronic Communications
36. Children’s Privacy (COPPA)
37. No Reliance
38. GDPR Data Protection Procedure
39. Dispute Resolution; Binding Arbitration
40. Arbitration Agreement and Option
41. Injunctive Relief
42. Waiver of Jury Trial
43. Governing Law and Jurisdiction
44. Termination by Boon30
45. Termination by You as a User
46. Severability
47. Copyright License
48. Contact Us
Boon Platform Services (BPS) Terms and conditions
2. Terms and Engagement
The Agreement shall commence with effect from the Start Date and shall continue thereafter
until the completion of the Event or the completion of the Services (whichever is later) or unless
and until otherwise terminated in accordance with these terms (the Term).
The User engages Boon Platform Services (BPS) to perform the Services in accordance with the
Agreement for the duration of the Term. The User acknowledges that Boon Platform Services
(BPS) may use sub-contractors and third party suppliers to provide certain elements of the
Services
The User acknowledges that Boon Platform Services (BPS) is appointed to provide the Services
on a non-exclusive basis and nothing shall prevent Boon Platform Services (BPS) from providing
any services of the same or similar nature to the Services to any third party.
3. Description of Services
Boon Platform Services (BPS) operates a platform that connect car owners with nearby
professional mechanics. We provide car services online through website and application. With
Boon30.com car owners can book online to get their car fixed, we provide pick up and delivery
services and towing for cars.
The Services constitute a technology platform including websites and mobile applications (the
“Boon30 Platform”) that enables users to access a network of independent third party Boon30
Car service providers (mechanics, technicians, towing service providers, or other independent
contractors) (“Technicians”), and/or to arrange for Boon30 Car inspection, diagnosis,
maintenance, repair, towing or related services (“Boon30 Car Services”). WE DO NOT PROVIDE
CAR SERVICES, AND WE ARE NOT THE EMPLOYER OF ANY THIRD PARTY PROVIDER. When you use
the Boon30 services and website, you acknowledge that we do not supervise, direct, or control
a Technician’s work or Services performed in any manner. A Technician provides services to you
as an independent contractor, and is not an employee, joint venture, partner, agent, or
franchisee of Boon30 for any purpose whatsoever.
4. Accounts Registration
In order to use most aspects of the Services, you must register for and maintain a user account
("Account"). Account registration requires you to submit certain personal information, such as
your name, email address, address, Boon30 Car information, and/or mobile phone number,
Boon Platform Services (BPS) Terms and conditions
and/or at least one valid payment method (e.g., a credit card). You agree to maintain accurate,
complete, and up-to-date information in your Account. Your Boon30 Car information may include
the license plate number, VIN (Boon30 Car Identification Number), make, model, year, engine
size, trim, etc. Your failure to maintain accurate, complete, and up-to-date Account information
may result in your inability to access and use the Services or Boon30's termination of this
Agreement. You are responsible for all activity that occurs under your Account, and you agree to
maintain the security and secrecy of your Account username and password at all times. We are
not liable for any loss that you may suffer through the use of your password by others. You must
notify us immediately of any unauthorized use of your Account or of any other breach of security
known to you with respect to Boon30
5. Car Owners/Car Service Provider Account Sign up
Some portions of the website may require you to create a login or sign-up for an account to use
the services. You must complete the registration process by providing us with your complete,
current, truthful, & accurate information as prompted by us. You as a Car Owner can create a
User Account to book for a car services appointments or services, and you as a Car service
Provider/Technician can create an account to provide a car repair/service on Boon30.com
Where required, Boon30 may also provide you with a username and password. By signing up as
a Car Service Provider, you agree to have your profile data available for search via a custom made
data tools available on Boon30 website so Car Owners can see more about your Service and
qualities such as number of followers, average likes, engagement rate, paid post-performance,
followers credibility, location of followers, interests of followers, gender split, etc
You are responsible for maintaining the confidentiality of your password and account credentials
and for all activities that occur under your account. You agree to notify Boon30 immediately of
any unauthorized use of your account or any other breach of security. Boon30 will not be liable
for any losses you incur as a result of someone else using your password or account, either with
or without your knowledge. However, you could be held liable for losses incurred by Boon30 or
another party due to someone else using your account or password. You may not use anyone
else's account at any time, without the permission of the account holder. Companies may register
via the Platform but may only have one user account. If you are registering on behalf of your
company, you represent and warrant that you are authorised by your company to create an
account on your company's behalf. Boon30 has the sole discretion in granting or denying any
accounts.
6. Scheduling a Job
Boon Platform Services (BPS) Terms and conditions
To request an appointment for Boon30 Car Services (a “Job” and a “Job Request”), you may be
asked to specify the type of service that you think is required, the location where you would like
the Job to be performed, and the date and time that you would like the Job to take place. You
agree that it is your responsibility to provide a suitable location for the Job, and to ensure that
the Car Service Provider has proper access and permission, and is legally authorized to complete
the Job at the location. We do not control the availability of the independent Car Service Provider
on the Boon30 Platform. You acknowledge that your selected Car Service Provider may be
unavailable from time to time, e.g. due to illness, or vacation.
7. Privacy and Data Protection
Our Privacy policy explains how we treat your personal data. By using the Services, you agree to
our privacy policies and that we can use your information in accordance with our privacy policies.
By using and benefitting from Boon Platform Services (BPS)’ Services you recognize that
personalization lies at the core of many of our services. We can only provide many of these
Services by using your personal data to provide personalized content and ads. Please visit our
Privacy policy to learn more about personalization.
8. Payment Terms
You understand that use of the Services may result in charges to you for the Car Services you
receive from a Car Service Provider (“Charges”). Charges may include any applicable federal, state
and local taxes. At the time you schedule a Job, we will collect your preferred payment method
information and validate your payment information. You authorize the payment of Charge(s)
according to your preferred payment method information, or, if applicable, the payment of a
cancellation fee if you cancel the Job. You agree not to make any alternative payment
arrangement with the Car Service Provider who performs the Job. While we will use commercially
reasonable efforts to ensure the security of all credit card and all other personal information, we
expressly disclaim any liability for any damage that may result should any information be released
to any third parties, and you agree to hold us harmless for any damages that may result therefrom
9. License to Use
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sub
licensable, revocable, non-transferrable license to access and use the Services subject to the
Terms of this Agreement. Any rights not expressly granted herein are reserved by us.
Boon Platform Services (BPS) Terms and conditions
10. Cancellation of Jobs by You
You may cancel a scheduled Job at any time, subject to the following. If you cancel more than 24
hours before a scheduled Service appointment or Job, there is no cancellation fee. If you cancel
within 24 hours of the scheduled start time for the Job or scheduled Service, you will be charged
for a cancellation fee. We reserve the right to establish, remove and/or revise our cancellation
policy or cancellation fees at any time in our discretion.
11. Cancellation of Jobs by Technicians / Car Service Provider
When a Technician/ Car Service Provider cancels a scheduled Job, we generally notify you and
make your Service request available for another Car Service Provider. However, we cannot
guarantee that a canceled Job will be selected by another Car Service Provider and rescheduled
or that the Job Request will be completed. Car Service Provider reserve the right to refuse a Job
Request. You hereby agree to hold us harmless from any liability that may result from the
cancellation of a Job or refusal of a Car Service Provider to complete a Job.
There may be instances where, after a Car Service Provider has arrived at your location, the Car
Service Provider finds that he or she is not able to successfully complete the Job, for reasons
including, without limitation, that the Car Service Provider does not have access or permission to
work on your vehicle at the location you provided, that the location is not fit for automotive
services or that the information you provided with respect to your vehicle is inaccurate or
incomplete. In such instances, you may be charged a minimum fee or cancellation fee.
12. Applicability
These terms and conditions apply to every user or user that place an order on the Boon Platform
Services (BPS) web site. Prior to the conclusion of a transaction or order, the text of these general
terms and conditions will be made available to the user.
13. Eligibility
You must be at least 18 years of age to access or use our Services. If you are accessing or using
our Services on behalf of another person or entity, you represent that you are authorized to
accept these Terms on that person or entity’s behalf and that the person or entity agrees to be
responsible to us if you or the other person or entity violates these Terms.
14. Online service Terms
Boon Platform Services (BPS) Terms and conditions
By agreeing to these Terms of Service, you represent that you are at least the age of majority in
your state or province of residence, and you have given us your consent to allow any of your
minor dependents to use this site. You may not use our service for any illegal or unauthorized
purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but
not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or
violation of any of the Terms will result in an immediate termination of your Services.
15. Ownership
The Services and all rights herein are and shall remain our property. Neither these Terms nor
your use of the Services convey or grant to you any rights in or related to the Services, except for
the limited license granted above, or to use or reference in any manner our company names,
logos, product and service names, trademarks or services marks. All content appearing on the
Boon30 Platform is our property or the property of our partners and is protected by international
copyright laws. Certain names, graphics and logos are trademarks, service marks, or trade dress
(together, “Marks”) of Boon30. Our Marks may not be used for any purpose except pursuant to
our Trademark Usage Policy. All other Marks are the property of their respective owners and may
not be used without their prior written consent. BOON30 and the Boon30 logo are trademarks
of Boon30 Limited, used with permission.
16. User Content
We may permit you from time to time to submit, upload, publish or otherwise make available
textual, audio, and/or visual content and information, including commentary and feedback
related to the Services, initiation of support requests, and submission of entries for competitions
and promotions ("User Content"). Any User Content provided by you remains your property.
However, by providing User Content to us, you grant us a worldwide, perpetual, irrevocable,
transferable, unrestricted, non-exclusive, absolute, royalty-free license, with the right to
sublicense, to use, copy, modify, transmit, reproduce, exhibit, disclose, display, transform, create
derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any
manner such User Content in all formats and distribution channels now known or hereafter
devised, without further notice to or consent from you, and without the requirement of payment
to you or any other person or entity. Further, we shall be free to use any ideas, concepts, know-
how or techniques contained in such User Content for any purpose whatsoever, including
developing, manufacturing and marketing products and/or services incorporating any User
Boon Platform Services (BPS) Terms and conditions
Content. You represent and warrant that: (i) you either are the sole and exclusive owner of all
User Content or you have all rights, licenses, consents and releases necessary to grant us the
license to the User Content as set forth above; and (ii) neither the User Content nor your
submission, uploading, publishing or otherwise making available of such User Content nor our
use of the User Content as permitted herein will infringe, misappropriate or violate a third party's
intellectual property or proprietary rights, or rights of publicity or privacy, or result in the
violation of any applicable law or regulation. You agree to not provide User Content that is
defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive,
as determined by us in our sole discretion, whether or not such material may be protected by
law. We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole
discretion and at any time and for any reason or no reason, without notice to you.
17. Service Amendments
If the User wishes to request the provision of certain additional services which fall outside of the
scope of the Services, it shall submit details of the requested additional services in writing to
Boon Platform Services (BPS). The Parties shall then negotiate in good faith the terms which are
to apply to such additional services (including any additional fees and expenses) and shall
document any agreed additional services in writing. Following which, such additional services
shall be deemed to form part of the “Services”. For the avoidance of doubt, Boon Platform
Services (BPS) shall be under no obligation to agree to the provision of any additional services.
18. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law,
Boon Platform Services (BPS) has adopted a policy of terminating, in appropriate circumstances
and in Boon Platform Services (BPS)’ sole discretion, subscribers who are deemed to be repeat
infringers. Boon Platform Services (BPS) may also, in our sole discretion, limit access to the
Services if you infringe any intellectual property rights of others, whether or not there is any
repeat infringement.
19. Copyright Complaints
If you believe that anything on the Services infringes upon any copyright which you own or
control, you may file a notification of such infringement with our Designated Agent as set forth
below.
1077 Boundary Rd, Unit 106
Boon Platform Services (BPS) Terms and conditions
Oshawa, Ontario L1J 8P8
Canada
You should note that if you knowingly misrepresent in your notification that the material or
activity is infringing, you will be liable for any damages, including costs and attorneys’ fees,
incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in
removing or disabling access to the material or activity claimed to be infringing.
20. Applicable Copyright Laws and License
This Site, including all content, is protected by applicable copyright laws and treaty provisions.
You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any
unauthorized copying of the content. Except as expressly provided herein, Boon30.com does not
grant any express or implied right or license to you under any intellectual property right, including
under any patent, trademark, copyright, trade secret, or confidential information, of Boon30.com
or its affiliates.
21. Reservation of Rights
The Site, methods and processes may be covered by one or more patents or other intellectual
property rights, and are subject to trade secret and other proprietary rights. Boon Platform
Services (BPS) reserves all such rights.
22. Location-based Services
Boon30 provides a location base services through the use of GPS location to track Car Owners
locations. You may turn off location services for the services and no data will be collated
afterwards.
23. Public Discourse and Forums
The Service may include various public forum, chat rooms, community pages, comments or chat
features, or other forums (“Forums”) where you can post User Content, including, but not limited
to, your observations and comments on designated topics and on others’ User Content. Boon
Platform Services (BPS) cannot guarantee that other Users will not use the ideas and information
that you share. Therefore, if you have an idea or information that you would like to keep
confidential and/or do not want others to use, do not post it publicly on the Service. When you
disclose information or rely on any information in the Forums, you do so at your own risk.
Boon Platform Services (BPS) Terms and conditions
Boon Platform Services (BPS) reserves the right to, but has no obligation to, monitor the Forums,
or any postings or other materials that you or other users transmit or post on the Forums, to alter
or remove any such materials, and to disclose such materials and the circumstances surrounding
their transmission to any third party in order to operate the Service properly or to comply with
legal obligations or governmental requests. Furthermore, you acknowledge that a large volume
of information is available in these Forums and that people participating in such Forums may
occasionally post message or make statements, whether intentionally or unintentionally, that are
inaccurate, misleading, deceptive, abusive or even unlawful. Boon Platform Services (BPS)
neither endorses nor is responsible for such messages or statements, or for any opinion, advice,
information or other utterance made or displayed in the Forums by you or the other users.
The opinions expressed in the Forums reflect solely the opinions of you and/or the other users
and may not reflect the opinions of Boon Platform Services (BPS). Boon Platform Services (BPS)
is not responsible for any errors or omissions in postings, for hyperlinks embedded in messages
or for any results obtained from the use of the information contained in the Forums. Under no
circumstances will Boon Platform Services (BPS) be liable for any loss or damage caused by
your reliance on the information in the Forums or posted User Content or your use of the
Forums or User Content. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE
SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT IN THESE TERMS
24. Cookies Notice
Our Sites use cookies. Our cookies do not contain any personally identifiable information, but
without them some elements of our Sites may not function correctly. Cookies are a standard
feature of modern web browsers. They are small files that are stored in your web browser and
used to make websites work efficiently.
Some of the cookies we use are essential for our Sites to function correctly - for example keeping
track of items that have been added to your shopping basket or remembering you have logged
in. Other cookies may be used to personalize your online experience, track your journey through
our Site (so that we can maximize your experience and help us understand how we can improve
it) or analyses the success of promotions. Other cookies may be from third parties such as social
networking sites, affiliates or partners. For more information about our cookies policy please visit
our cookies policy page.
25. Advertisements and Promotions; Third-Party Products and Services
Boon Platform Services (BPS) Terms and conditions
Boon Platform Services (BPS) may run advertisements and promotions from third parties on the
website or may otherwise provide information about or links to third-party products or services
on the website. Your business dealings or correspondence with, or participation in promotions
of, such third parties, and any terms, conditions, warranties or representations associated with
such dealings or promotions are solely between you and such third party. Boon Platform Services
(BPS) is not responsible or liable for any loss or damage of any sort incurred as the result of such
dealings or promotions or as the result of the presence of non-Boon Platform Services (BPS)
advertisements or other third party information on the Services.
26. Prohibited Use
The Services may include interactive areas where you or other users can create, post or store
content, messages, materials, data, information, text, music, sound, photos, videos, graphics,
applications, code or other items or materials on the Services (collectively, “User Content”). You
are solely responsible for your use of such interactive areas and agree that you use them at your
own risk. You further agree not to post, upload to, transmit, distribute, store, create or otherwise
publish through the Services any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent,
lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive,
inflammatory, fraudulent or otherwise objectionable;
Loss or misuse of the login details and/or abuse of the Platform must be reported to Boon
Platform Services (BPS) immediately. Boon Platform Services (BPS) is not liable for (the
consequences of) loss of login details and/or the misuse of login details of the Customer
by a third party.
Boon Platform Services (BPS) will always save all files, and documents created through
our platform as long as a user pay their subscription fee.
Should a user wish to stop paying for the premium feature, perhaps wish to delete their
Boon Platform Services (BPS) account or unsubscribe, the user must delete their
documents, or else Boon Platform Services (BPS) will delete all of their data and
documents after 3 months.
User Content that would constitute, encourage or provide instructions for a criminal
offense, violate the rights of any party, or that would otherwise create liability or violate
any local, state, national or international law
User Content that may infringe any patent, trademark, trade secret, copyright or other
intellectual or proprietary right of any party. By posting any User Content, you represent
and warrant that you have the lawful right to distribute and reproduce such User Content;
Boon Platform Services (BPS) Terms and conditions
User Content that impersonates any person or entity or otherwise misrepresents your
affiliation with a person or entity;
The user is obliged to keep his own current (digital) copy of all information, data and
Content that the user provides to Boon Platform Services (BPS) under the terms of the
execution of the Agreement, whether or not via the Platform
Boon Platform Services (BPS) will not compensate anyone if their files are lost due to
technical problems or miss-use of their user account. The user must ensure to save copies
of their documents on their computer, after every session.
Unsolicited promotions, political campaigning, advertising or solicitations;
Viruses, corrupted data or other harmful, disruptive or destructive files; and
User Content that, in the sole judgment of Boon Platform Services (BPS), is objectionable
or which restricts or inhibits any other person from using or enjoying the Services, or
which may expose Boon Platform Services (BPS) or our users to any harm or liability of
any type.
The use of the Platform by the user and Content he uploads and downloads, may not
infringe the rights, good name and interests of Boon Platform Services (BPS) and/or third
parties, including but not limited to intellectual property rights and rights relating to the
protection of personal data.
The Content uploaded by the user must be provided in a manner and in a format as
indicated by Boon Platform Services (BPS).
The Content uploaded by the user is owned and remains the property of the user.
Except as otherwise provided herein, on the Services or in a separate agreement (such as the
rules of a Boon Platform Services (BPS) promotion), Boon Platform Services (BPS) claims no
ownership or control over any User Content. However, by submitting or posting User Content to
the Services, you grant Boon Platform Services (BPS) a nonexclusive, royalty-free, perpetual,
irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and display such User Content on the Services
and on third-party sites. We will contact you directly to obtain permission before we use your
User Content for our own commercial purposes, unless you expressly grant these rights to Boon
Platform Services (BPS) at the time you post or submit such content.
You represent and warrant that (a) you own and control all of the rights to the User Content that
you post or you otherwise have the right to post such User Content to the Services; (b) the User
Content is accurate and not misleading; and (c) use and posting of the User Content you supply
does not violate these Terms and will not violate any rights of or cause injury to any person or
entity.
Boon Platform Services (BPS) Terms and conditions
27. No Warranty
Boon Platform Services (BPS) services & website, is provided “as is,” without warranty of any
kind. Without limiting the foregoing, Boon Platform Services (BPS) expressly disclaims all
warranties, whether express, implied or statutory, regarding our website or services including
without limitation any warranty of merchantability, fitness for a particular purpose, title, security,
accuracy and non-infringement. Without limiting the foregoing, Boon Platform Services (BPS)
makes no warranty or representation that access to or operating our website or contents will be
uninterrupted or error free. You assume full responsibility and risk of loss resulting from your
downloading and/or use of files, information, content or other material obtained from Boon
Platform Services (BPS) website. Some jurisdictions limit or do not permit disclaimers of warranty,
so this provision may not apply to you.
28. Indemnification
You agree to defend, indemnify and hold harmless Boon Platform Services (BPS), our
independent contractors, service Boon Platform Services (BPS)s and consultants, and their
respective directors, employees and agents, from and against any claims, damages, costs,
liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of
or related to (a) your use of the Services; (b) any User Content or Submissions you provide; (c)
your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in
connection with the Services.
29. Disclaimers
You acknowledge that any use of or reliance on this Site or any content shall be at your sole risk.
Boon30.com makes no representation or warranty of any kind regarding the Site and/or the
content, including with respect to the information provided by third party legal and other
consultants, all of which are provided on an “AS IS” basis. BOON30.COM EXPRESSLY DISCLAIMS
ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY,
NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY
STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. BOON
PLATFORM SERVICES (BPS) DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE,
OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE.
User authentication on the internet is difficult. Consequently, Boon30.com cannot and does not
confirm that each user is who they claim to be. Because we do not and cannot be involved in
Boon Platform Services (BPS) Terms and conditions
user-to-user dealings or control the behaviour of participants on this Site, in the event that you
have a dispute with one or more users, you release Boon30.com (and our agents and employees)
from all claims, demands and damages of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such
disputes.
Boon30.com is under no legal obligation to, and generally does not, control the materials
provided by third parties which is made available through the Site. By its very nature, other
people’s information may be offensive, harmful or inaccurate, and in some cases will be
mislabelled or deceptively labelled. Boon30.com does not guarantee, and makes no
representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity or
completeness of the content or about the results to be obtained using the content. The use of
the Site and the content is at your own risk. Changes are periodically made to the Site and may
be made at any time.
This Site contains materials, data and information which is provided, posted or offered by third
parties. You agree that Boon30.com shall have no liability whatsoever for any such third-party
material, data or information.
Boon30.com shall not be responsible for any employment decisions, for whatever reason made,
by any jobs available on the Site.
30. Limitation of Liability
YOU AGREE THAT BOON30.COM AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE
RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT
LIMITATION INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES
(INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION
OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM
OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS
SITE, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY,
EVEN IF BOON30.COM, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE OR LOSS.
The limitations of liability and disclaimers in these Terms apply regardless of the form of action,
whether in contract, warranty, civil liability, delict, quasi-delict, strict liability, negligence, or other
tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose
of contract or the failure of an exclusive remedy.
Boon Platform Services (BPS) Terms and conditions
31. User Feedback
Boon Platform Services (BPS) enables you to generate ratings and reviews, photos, videos or
other content about services and products on the website ("Feedback"). Feedback is intended to
enable other users to get a meaningful picture of the website service. Feedback may only contain
truthful information. Feedback must be in accordance with the law and may not violate the rights
of third parties, in particular personal rights, trademark rights or copyrights, as well as data
protection regulations. You agree:
(i) to base any rating or review you post only on your first-hand experience with the
applicable business, product, or service;
(j) you will not provide a rating or review for any business, product, or service with respect
to which you have a competitive, ownership or other economic interest, employment
relationship or other affiliation;
(k) you will prominently indicate if your review was sponsored or paid for in any way; and
(l) your review will comply with these Terms.
32. Protection of Personal Data and Confidential Information
1. Boon Platform Services (BPS) may process personal data of or provided by the user under
the terms of the Agreement. Personal data will be processed in accordance with
applicable laws and regulations, in accordance with Boon Platform Services (BPS)’s
Privacy Policy, which the User agrees to upon the conclusion of the Agreement.
2. The User declares and guarantees that he is authorised to provide and process the
personal data as referred to in this terms to Boon Platform Services (BPS) with respect to
the performance of the agreement.
3. The User retains, as far as applicable, the title to the personal data provided to Boon
Platform Services (BPS).
4. The User fully indemnifies Boon Platform Services (BPS) against all third-party claims,
which arise in any way from and/or are related to the processing of personal data by Boon
Platform Services (BPS) via the Platform and/or the Services, or by the third party
providing services to Boon Platform Services (BPS) in this respect
33. Service Amendment
Boon Platform Services (BPS) reserves the right to modify or discontinue, temporarily or
permanently, the Services, or any features or portions thereof, without prior notice. You agree
that Boon Platform Services (BPS) will not be liable for any modification, suspension or
discontinuance of the Services, or any part thereof.
Boon Platform Services (BPS) Terms and conditions
34. Residents of California
If you are a resident of California, you have certain rights and protections under the California
Consumer Privacy Act (“CCPA”). Please see our California Privacy Act CCPA Page for more
information
35. Consent to Electronic Communications
For contractual purposes, you (1) consent to receive communications from Boon Platform
Services (BPS) in an electronic form such as email, to provide special deals, and promotion; (2)
agree that all terms and conditions, agreements, notices, disclosures, and other communications
that Boon Platform Services (BPS) provides to you electronically via email satisfy any legal
requirement that such communications would satisfy if they were in writing. This subparagraph
does not affect your statutory rights.
36. Children’s Privacy (COPPA)
Boon Platform Services (BPS) respects the privacy of children and we are committed to complying
with the Children’s Online Privacy Protection Act (COPPA). This Children’s Privacy Policy describes
our practices with respect to the collection of personal information from children under the age
of 18. This Site does not knowingly collect, use, or disclose personal information from children
under the age of 18 without prior parental consent, or do we provide Boon Platform Services
(BPS) services to children under 18 years of age except as permitted by COPPA. However we may
provide our service to children under 18 years of age but in supervision of a parental guardian.
37. No Reliance
You should not solely rely on the Material, but should instead seek other opinions before taking
or failing to take any action which could lead to injury, harm, death or damage of any kind.
38. GDPR Data Protection Procedure
By using Boon Platform Services (BPS), you agree to the collection, transfer, storage and use of
your personal information by Boon Platform Services (BPS) on servers located in Cyprus as further
described in our Privacy Notice. You and Boon Platform Services (BPS) shall process personal data
received under and/or in connection with this User Agreement each as a separate and
independent controller. In no event will Boon Platform Services (BPS) and you process personal
Boon Platform Services (BPS) Terms and conditions
data under and/or in connection with this User Agreement as joint controllers or in a controller-
to-processor relationship. As such separate and independent controllers, you shall be individually
and separately responsible for complying with the obligations that apply to you as a controller
under applicable data protection law.
You shall comply with your obligations under applicable data protection law (including but not
limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and
supplementing EU and local data protection law. This includes, but is not limited to the obligation
to provide appropriate safeguards for the transfer of personal data to a third country or an
international organization. You shall process personal data received from Boon Platform Services
(BPS) exclusively for the purpose(s) you received the personal data under and/or in connection
with this User Agreement. You shall erase the personal data received under this User Agreement
immediately after the respective purpose(s) has/have been fulfilled. Any further processing of
the personal data is not permitted except when legally required (e.g., if a retention obligation
applies).
Failure to abide with the aforementioned obligations may result in disciplinary action up to and
including account suspension.
39. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes
and claims with Boon Platform Services (BPS) and limits the manner in which you can seek relief
from us, unless you opt out of arbitration by following the instructions set forth below. No class
or representative actions or arbitrations are allowed under this arbitration agreement. In
addition, arbitration precludes you from suing in court or having a jury trial.
40. Arbitration Agreement and Option
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount
of the award sought is less than 10,000 Canadian Dollars, the party requesting relief may elect to
resolve the dispute in a cost effective manner through binding non-appearance-based
arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an
established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties.
The ADR provider and the parties must comply with the following rules:
(a) The arbitration shall be conducted by telephone, online and/or be solely based on written
submissions, the specific manner shall be chosen by the party initiating the arbitration;
Boon Platform Services (BPS) Terms and conditions
(b) The arbitration shall not involve any personal appearance by the parties or witnesses
unless otherwise mutually agreed by the parties; and
(c) Any judgment on the award rendered by the arbitrator shall be final and may be entered
in any court of competent jurisdiction.
41. Injunctive Relief
You acknowledge and agree that any violation or breach of the Terms may cause Boon Platform
Services (BPS) immediate and irreparable harm and damages. Accordingly, and notwithstanding
any other provision of these Terms or other applicable legal requirements, you acknowledge and
Boon Platform Services (BPS) reserves the right to, in its discretion, immediately seek and obtain
preliminary injunctive relief (including, without limitation, temporary restraining orders) and
seek and obtain permanent injunctive relief regarding any violation or breach of these Terms. In
addition to any and all other remedies available to Boon Platform Services (BPS) in law or in
equity, Boon Platform Services (BPS) may seek specific performance of any term in these Terms,
including but not limited to by preliminary or permanent injunction.
42. Waiver of Jury Trial
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY
ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE
MATTERS CONTEMPLATED HEREBY
43. Governing Law and Jurisdiction
This terms and conditions shall be governed and construed in all respects by the laws of the
Supreme Court of Canada and the European Union GDPR regulation. You agree that any claim or
dispute you may have against must be resolved by arbitration. You and Boon Platform Services
(BPS) both agree to submit to the non-exclusive jurisdiction of the Supreme Court of Canada; for
claims falling within the jurisdiction of a Canadian Courts, you and Boon Platform Services (BPS)
both agree to submit to the jurisdiction of the Supreme Court of Canada.
Any dispute arising from these Terms and your use of the Services will be subject to Arbitration,
without regards to conflict of law rules or principles that would cause the application of the laws
of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or
cannot be heard in small claims court, hence it will be resolved by arbitration.
44. Termination by Boon30
Boon Platform Services (BPS) Terms and conditions
Boon Platform Services (BPS) reserves the right, without notice and in our sole discretion, to
terminate your license to use the Services, and to block or prevent your future access to, and use
of, the Services.
45. Termination by You as a User
You may terminate this Agreement by completely and permanently ceasing to use the Services
(provided that there are no outstanding Services ordered under your Account). If you attempt to
terminate this Agreement while there are still outstanding Services ordered under your Account,
this Agreement shall not terminate until such Services have been performed or otherwise
canceled as permitted by this Agreement.
46. Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable,
then that provision shall be deemed severable from these Terms and shall not affect the validity
and enforceability of any remaining provisions.
47. Copyright License
Copyright (c) 2020(s) of first publication Boon Platform Services (BPS). Subject to the express
provisions of these terms and conditions:
a) We, together with our licensors, own and control all the copyright and other intellectual
property rights in Boon Platform Services (BPS) website and the material on our website;
and
b) All the copyright and other intellectual property rights in Boon Platform Services (BPS)
website and the material on our website are reserved.
48. Contact Us
If you have any questions about these Terms & condition, please contact us at Email:
info@boon30.com