Terms of Use / User Agreement

1. Introduction and Acceptance of Terms

1.1. Boon (hereinafter referred to as "Boon," "we," "us," or "our") provides a marketplace for good available within the workplace (hereinafter referred to as the "Service" or "Services") through the company-specific URL: [yourcompany].boon.co.

1.2. By accessing or using the Service, you (hereinafter referred to as "User," "you," or "your") agree to be bound by these Terms of Use (hereinafter referred to as "Terms"). If you disagree with any part of these Terms, you are prohibited from accessing the Service.

1.3. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

2. Eligibility and Access

2.1. Access to the Boon marketplace is primarily intended for employees of partner companies that have activated their internal Boon marketplace.

2.2. Notwithstanding Section 2.1, partner companies retain the right to determine eligibility criteria for access to their specific Boon marketplace. Such criteria may include, but are not limited to, allowing access to non-employees, contractors, or other affiliated individuals.

2.3. Users must have the ability to use a valid payment card to make purchases on the platform.

2.4. Access to the Service is provided through a company-specific URL in the format of [yourcompany].boon.co. Users are responsible for maintaining the confidentiality of their access credentials.

3. User Accounts and Information

3.1. To utilize our Services, you may be required to create an account. You hereby represent and warrant that all information provided during the registration process is accurate, current, and complete. You further agree to update such information to maintain its accuracy, currency, and completeness.

3.2. For the purpose of creating your profile and facilitating your participation in transactions, we collect the following information: email address, full name, phone number, and internal communication tool usernames, such as Slack or Microsoft Teams.

3.3. You shall be solely responsible for maintaining the confidentiality of your account password and for any and all activities that occur under your account.

3.4. You agree to promptly notify us of any unauthorized use of your account or any other breach of security.

4. Marketplace Rules and User Conduct

4.1. The Boon platform allows Users to list items and services for sale (hereinafter referred to as "Listings") and to act as buyers. Users who list items or services shall be referred to as "Sellers," and Users who purchase items or services shall be referred to as "Buyers."

4.2. Sellers agree not to post Listings containing any of the following prohibited items:
a) Offensive or obscene materials
b) Pornographic content
c) Items promoting hate speech or discrimination
d) Weapons, explosives, or related items
e) Illegal drugs or drug paraphernalia
f) Counterfeit or stolen goods
g) Recalled items
h) Personal information
i) Items that infringe upon an individual's privacy or intellectual property rights
j) Any other items deemed inappropriate by Boon or the partner company, at their sole discretion

4.3. Sellers shall be solely responsible for the accuracy, content, and legality of their Listings.

4.4. Boon reserves the right, at its sole discretion, to remove any Listing that violates these Terms or for any other reason without prior notice.

4.5. Boon does not provide logistical support for the transfer of items between Sellers and Buyers. Users are solely responsible for arranging the delivery or collection of items, as well as any associated costs.

5. Transactions and Payments

5.1. All payments and transactions on the Boon platform are processed by Stripe, a third-party payment processor.

5.2. By making a purchase on Boon, you acknowledge and agree that all payments are considered donations and are final. No refunds shall be issued for donations made through our platform.

5.3. Sellers agree that the proceeds from their sales will be directed to their chosen charitable organization, as facilitated by Boon.

6. Charities

6.1. Charitable organizations listed on Boon are subject to an initial vetting process and interview before being approved for inclusion on the platform.

6.2. Approved charitable organizations are subject to a progressive compliance process. As the volume of donations received increases, they shall be required to provide increased documentation regarding the allocation and use of donated funds.

7. Intellectual Property Rights

7.1. The Boon name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Boon or its affiliates or licensors. Users are prohibited from using such marks without the prior written permission of Boon.

7.2. Users retain any intellectual property rights in the content of their Listings. By posting a Listing, Users grant Boon a non-exclusive, royalty-free, worldwide license to use, display, and reproduce the content of the Listing for the purposes of operating and promoting the Service.

7.3. Boon does not claim ownership rights in the items listed for sale. Users are solely responsible for ensuring they have the right to sell or donate listed items and that such items do not infringe upon any third-party intellectual property rights.

8. Dispute Resolution

8.1. Any disputes arising between Users of the Boon platform shall be resolved through the internal dispute resolution processes of the partner company where the Users are employed or affiliated.

8.2. Boon shall not be a party to such disputes and shall not be responsible for mediating or resolving any User-to-User conflicts.

9. Termination of Accounts

9.1. Boon reserves the right to terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to:
a) Breach of these Terms
b) Posting of misleading or fraudulent Listings
c) Engagement in behavior deemed inappropriate or harmful to the Boon community
d) Disparagement of Boon or its partners
e) Upon request from the partner company with which you are affiliated

9.2. If you wish to terminate your account, you may simply discontinue using the Service and notify us of your desire to terminate your account.

10. Limitation of Liability

10.1. To the fullest extent permitted by applicable law, Boon and its affiliates, officers, employees, agents, partners, and licensors hereby disclaim all warranties, express or implied, in connection with the Service and your use thereof.

10.2. Boon shall not be responsible for the accuracy, quality, safety, or legality of the items listed on our platform.

10.3. Boon shall not be responsible for the actions of the charitable organizations listed on our platform, including how they allocate or spend the funds received through donations.

10.4. In no event shall Boon, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
a) Your access to or use of or inability to access or use the Service;
b) Any conduct or content of any third party on the Service;
c) Any content obtained from the Service; and
d) Unauthorized access, use or alteration of your transmissions or content,
whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

11. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of Romania and the European Union, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

12. Privacy and Data Protection

Your use of Boon is governed by our Privacy Policy, which is incorporated into these Terms by reference.

13. GDPR Compliance

13.1. Boon is compliant with the General Data Protection Regulation (GDPR) of the European Union.

13.2. We are committed to protecting your personal data and upholding your rights as outlined in the GDPR.

13.3. As a data subject, you have the following rights under GDPR:
a) The right to be informed
b) The right of access
c) The right to rectification
d) The right to erasure
e) The right to restrict processing
f) The right to data portability
g) The right to object
h) Rights in relation to automated decision making and profiling

13.4. To exercise your GDPR rights or for any GDPR-related inquiries, please contact our Data Protection Officer at dpo@boon.co.

14. Contact Information

If you have any questions about these Terms, please contact us at support@boon.co.

15. Modifications to Terms

15.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

15.2. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

15.3. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Last updated: 2 September 2024