Trems and Conditions
Eligibility for Membership
- BoonWays must ensure that its members can enter into legally binding contracts and that minors do not purchase, use or have access to unsuitable content. Membership and/or use of the Platform is not available to persons under the age of 18 years. You represent and warrant that you are 18 years of age or over and that all information you submit is accurate and truthful when registering any information with the Platform or providing any information to Us.
- BoonWays reserves the right and at its sole discretion to refuse, limit, suspend or with Buyer access to the Platform or the membership of any person if BoonWays believes that person is under the age of 18 years or that any information given is not accurate or truthful, or for any other reason.
- The Platform is not available to persons whose membership has been refused, limited, suspended or with Buyer n by BoonWays.
- No person may register as a member of the Platform more than once.
Registration and Membership Obligations
- To access the Services and utilize the Platform you will be required to create an account and register information with us to create a membership (“Membership”). You agree that any information provided to us in pursuant thereto will be complete and accurate, that you will not register under the name of, nor attempt to enter the Membership under the name of, another person, and that you will not adopt a username that we in our sole discretion, deem offensive. We reserve the right to not allow you to register if we believe that you will not comply with these Terms.
- You are responsible to promptly update details of your Membership such that they are at all times considered true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if BoonWays suspects in our sole discretion that such information is incorrect, inaccurate, old or partial, or not following this User Agreement, We have the right to suspend indefinitely, limit or with Buyer your Membership and/or your access to the Platform.
- When registering your account on the Platform to create your Membership, you will be required to provide certain information and register a username and password for use of the Platform. To keep your account secure you have to protect your account with reasonable means, you are responsible at all times for maintaining the confidentiality of, and restricting access to and use of, your account and password to the Platform. You agree to accept responsibility for all activities that occur under your account with us. If someone other than yourself uses the Platform with your login information you will be held accountable for all actions made in your name. In the event of termination, you will no longer be authorized to access the Platform or your Membership, and We reserve the right to use any means possible to enforce this termination. You undertake to immediately notify BoonWays of any unauthorized use of your Membership or any other security breach
- You may not, at any point in time, use any other person’s Membership. You agree to reimburse BoonWays in full for any costs, expenses, and damages caused by improper, unauthorized or illegal use of your Membership and password by you or any person obtaining access to the Platform.
- You may not transfer or sell your account of BoonWays to another party and you undertake that you are solely responsible for all activity of the Membership.
- To access the services and utilize the Platform you will be required to create an account and register information with us to create a membership (“Membership”). You agree that any information provided to us in these areas will be complete and accurate, that you will not register under the name of, nor attempt to enter the Membership under the name of, another person, and that you will not adopt a username that we in our sole discretion, deem offensive. We reserve the right to not allow you to register if you shall not comply with these terms.
- You may not access or use the Platform or the Services provided via the Platform for any purpose other than the purpose for which we make it available to you. We may prohibit certain activities in connection with the Platform and Services at our discretion. These prohibited activities include without limitation, the following:
- Criminal, delictual or tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets.
- Advertising to, or solicitation of, any user to buy or sell any products or services, except with the express wrote approval of BoonWays.
- Transmitting chain letters or junk email to other users.
- Using any information obtained from the service to contact, advertise to, solicit or sell any products or services to any user without their prior explicit consent.
- Engaging in any automated use of the Service, such as using scripts to send comments or messages.
- Interfering with, disrupting or creating an undue burden on the service or the networks or services connected to the Service.
- Attempting to impersonate another user or person.
- Using the user I.D. or account of another user.
- Using any information obtained from the Service to harass, abuse or harm another person.
- Accepting payment of anything of value from a third person in exchange for your performance of any commercial activity on or through the Service on behalf of that person.
- Using the Service in a manner inconsistent with all applicable laws and regulations.
- Activities which are harmful, abusive, unlawful, threatening, harassing, blasphemous, immoral, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another\'s privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever.
- Any activity which harasses, degrades, intimidates or is hateful towards any individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability.
- Any activity which violates any applicable equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
- Any activity which includes personal or identifying information about another person without that person's explicit permission.
- Any activity which impersonates any person or entity, including, but not limited to, a BoonWays employee, or falsely states or otherwise misrepresents an affiliation with a person or entity.
- Any activity which deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file; and
- attempt to gain unauthorized access to computer systems owned or controlled by BoonWays or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Platform.
- Any content uploaded by you shall be subject to applicable laws and may be disabled, or may be subject to investigation under applicable laws. Furthermore, if you are found to be in non-compliance with such laws and regulations, we may terminate your account/block your access to the Platform, or any part thereof, and we reserve the right to remove any non-compliant content uploaded by you.
- You are solely responsible for the consequences, losses or damages we may incur, directly or indirectly, or suffer due to any activities conducted by you.
- If you make a payment for our Services on our Platform, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
- The cardholder must retain a copy of transaction records and merchant policies and rules.
- Multiple transactions may result in multiple postings to the cardholder’s monthly statement.
- The product prices per unit displayed on our Platform are inclusive of GST.
- Users may be charged in US Dollars (United States Dollars) or any other currency depending on where they are using the platform from and what type of Credit Card they are using. In such cases, there may be slight discrepancies in values due to changes in foreign exchange rates.
Refund & Cancellation Policy
- All sales are final with no cancellation options.
- For any defective products, BoonWays will offer you the replacement of the defective product only, subject to any warranties and/or guarantees provided by the manufacturer of the product. BoonWays shall have no liability or responsibility concerning any defect regarding a prize awarded as a result of a Campaign Buyer.
- No other form of refund is permissible.
- Intellectual Property Rights
- You accept that various things can go wrong when using the Platform and the Services provided through the Platform. You take on the responsibility and liability of these events happening and will have no claim against BoonWays if they happen. When using the Platform, you will be exposed to Materials from a variety of sources, and that, as far as the applicable law allows, BoonWays is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Materials, and you agree and assume all liability for your use. You further may be exposed to Materials that are inaccurate, offensive, indecent, objectionable, defamatory or libelous and, as far as the law allows, you agree to waive and hereby do waive, any legal or equitable rights or remedies you have or may have against BoonWays with respect thereto.
Disclaimer for Third-Party Applications
- The use of any third-party application is subject to any terms and conditions provided with such third-party application and is not governed by Us. The use of third party applications is solely your responsibility since BoonWays does not govern the use of such third-party applications. BoonWays is not responsible for any third-party applications and you acknowledge that such applications may be modified or removed by their original publisher and/or respective rights owner at any time. You assume all responsibility and risk of use of any third-party applications (including any content therein) and BoonWays hereby disclaims all liability to you or any third-party related thereto.
- BoonWays does not have any obligation to examine or scan third-party applications, for any purpose, and is not responsible for the accuracy, completeness, appropriateness or legality of any third-party applications. The fact that a third-party application is available via any online platform or otherwise is not an endorsement, authorization or representation of BoonWays’s affiliation with any third-party, nor is it an endorsement of such third-party application and you hereby waive, any legal or equitable rights or remedies you have or may have against BoonWays with respect thereto. BoonWays exercises no control over third-party applications, products, services, software or any online platform and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through any third-party applications, products, services, software, and any online platform. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through third-party applications, products, services, software, and any online platform.
Limitations of Liability
- To offer a reliable and enjoyable service we need to fix bugs, install updates and perform general diagnosis and maintenance. We cannot warrant that the Platform and Services will always be uninterrupted, problem-free, free of omission, or error-free. To the extent allowed by law, content and function of the Platform, and Services, are provided on an "as is" basis without warranties of any kind, either expressed or implied.
- Information obtained on the Platform may not always be accurate. We rely upon third-party services to provide accurate data based on which we provide information on the platform. We and our business partners try to make sure that the data is valid and up-to-date, but cannot always guarantee that it be correct.
- In no event, BoonWays nor will any of our data providers will be liable for any incidental, indirect, special, punitive, exemplary, or consequential damages, arising out of your use or inability to use the App, including without limitation, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction, or any other damages.
- WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- In conjunction with the limitation of warranties as explained herein, you expressly understand and agree that any claim against us shall be limited to the amount you paid to us, if any, for use of our Platform and/or Services.
- You agree to defend, indemnify and hold harmless BoonWays and its affiliates and subsidiaries, and its, and their, officers, directors, shareholders, successors, assigns, agents, service providers, suppliers, and employees, from and against any claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from : (i) your breach of any provision of this User Agreement; (ii) your breach of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; (iii) your use of the Platform or the Service, or (iv) any claim that the Platform, Services or any Materials caused damage to you or a third party. This defence and indemnification of the obligation will survive termination, modification or expiration of this User Agreement and your use of the Service and the Platform.
No Spam Policy
- You understand and agree that sending unsolicited email, advertisements or other unsolicited communications to BoonWays email addresses or through BoonWays computer systems are expressly prohibited by these Terms. Any unauthorized use of BoonWays computer systems is a violation of this User Agreement and certain applicable laws, in particular the Indian Cybercrimes legislation. Such violations may subject the sender and his or her agents to civil and criminal penalties. Please note that the Indian Cybercrimes legislation carries significant penalties including imprisonment. In case you intend to solicit or contact Our users by obtaining their email or phone numbers from Our Platform, we may report this behavior to the relevant authorities, who then may decide to prosecute you under the relevant Indian laws.
Limitation and Termination of Service
- BoonWays may establish limits from time to time concerning the use of the Service, including among others, the maximum number of days that content will be maintained or retained by the Service, the maximum number and size of postings, e-mails, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Platform.
- BoonWays reserves the right, at any time to modify or discontinue the Service on the Platform (or any part thereof) with or without notice, and BoonWays shall not be liable to you or any third-party for any such modification, suspension or discontinuance of the Service.
- You need to acknowledge and agree that BoonWays, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service or Platform (or any part thereof), immediately and without notice for any reason or no reason at all. Furthermore, you should agree that BoonWays shall not be liable to you or any third-party for any termination of your access to the Platform or the Service.
- These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by BoonWays without restriction. Any assignment or transfer by you shall be null and void.
- The failure of BoonWays to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision.
- If any provision of this User Agreement is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, We and you nevertheless agree that the court should endeavor to give effect to our intentions as reflected in this User Agreement. If any provision or provisions of this User Agreement is held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions of this User Agreement shall not in any way be affected or be impaired.
- YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE PLATFORM MUST COMMENCE WITHIN A REASONABLE TIME AND IN ANY EVENT WITHIN 3 MONTHS AFTER THE CAUSE OF ACTION ACCRUES.