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Terms & Conditions

1. Introduction

1.1 These terms and conditions shall govern your use of our website or app.

1.2 By using our website or app, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website or app.

1.3 If you use any of our website or app services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website or app; by using our website or app, or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

2. Copyright notice

2.1 Copyright (c) BOON-Market Ltd

2.2 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 our website or app and the material on our website or app; and
  • (b) all the copyright and other intellectual property rights in our website or app and the material on our website or app are reserved.

3. Permission to use website or app

3.1 You may:

  • (a) view pages from our website or app in a web browser;
  • (b) download pages from our website or app for caching in a web browser;
  • (c) print pages from our website or app for your own personal and non-commercial use; and
  • (d) use our website or app services by means of a web browser subject to the other provisions of these terms and conditions

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or app or save any such material to your computer, except with written permission.

3.3 You may only use our website or app for your school/group/club purposes; you must not use our website or app for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website or app.

3.5 Unless you own or control the relevant rights in the material, you must not:

  • (a) republish material from our website or app (including republication on another website or app);
  • (b) sell, rent or sub-license material from our website or app;
  • (c) show any material from our website or app in public;
  • (d) exploit material from our website or app for a commercial purpose; or
  • (e) redistribute material from our website or app.

3.6 Notwithstanding Section 3.5, you may redistribute our notifications/newsletters in print and electronic form to any person.

3.7 We reserve the right to suspend or restrict access to our website or app, to areas of our website or app and/or to functionality upon our website or app. We may, for example, suspend access to the website or app during server maintenance or when we update the website or app. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website or app.

4. Misuse of website or app

4.1 You must not:

  • (a) use our website or app in any way or take any action that causes, or may cause, damage to the website or app or impairment of the performance, availability, accessibility, integrity or security of the website or app;
  • (b) use our website or app in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • (c) hack or otherwise tamper with our website or app;
  • (d) probe, scan or test the vulnerability of our website or app without our permission;
  • (e) circumvent any authentication or security systems or processes on or relating to our website or app;
  • (f) use our website or app to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • (g) impose an unreasonably large load on our website or app resources (including bandwidth, storage capacity and processing capacity);
  • (h) decrypt or decipher any communications sent by or to our website or app without our permission;
  • (i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website or app without our express written consent;
  • (j) access or otherwise interact with our website or app using any robot, spider or other automated means, except for the purpose of search engine indexing;
  • (k) use our website or app except by means of our public interfaces;
  • (l) violate the directives set out in the robots.txt file for our website or app;
  • (m) use data collected from our website or app for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
  • (n) do anything that interferes with the normal use of our website or app.

4.2 You must ensure that all the information you supply to us through our website or app, or in relation to our website or app, is true, accurate, complete and non-misleading.

5. Use on behalf of organisation

5.1 If you use our website or app or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

  • (a) yourself; and
  • (b) the person, company or other legal entity that operates that business or organisational project, to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity.

6. Buyer registration and accounts

6.1 This Section 6 applies to buyers and prospective buyers.

6.2 To be eligible for a buyer account on our website or app under this Section 6, you must be at least 18 years of age.

6.3 You may register for a user account with our app by registering your phone number on our app, and completing the verification process.

7. Seller registration and accounts

7.1 This Section 7 applies to sellers and prospective sellers.

7.2 To be eligible for a business account on our website or app under this Section 7, you must be operating a business and:

  • (a) if you are a sole trader, you must be at least 18 years of age;
  • (b) if you are a partnership, you must be established under the laws of the United Kingdom; and
  • (c) if you are a limited company or other limited liability entity, you must be incorporated legally in your country.

7.3 To be eligible for an individual account on our website or app under this Section 7, you must be at least 18 years of age.

7.4 You may register for a seller account with our app by registering via our mobile app.

7.5 You must keep your seller account information up to date.

8. Seller listings

8.1 If you register with our app as a seller, you will be able to submit listings to the app.

8.2 Listings that are submitted will be regularly reviewed following submission.

8.3 Subject to the other provisions of these terms and conditions, we reserve the right to reject, unpublish and/or delete any listings that breach these terms and conditions or at our total discretion;

8.4 If we permit the publication of a listing, it will remain published on our app for the relevant period set out on our website or app from time to time, subject to these terms and conditions.

8.5 Listings submitted to our app must be true, fair, complete and accurate in all respects.

8.6 Listings must be allocated to the appropriate category or categories.

8.7 You must keep your listings up to date using our website or app interface; in particular, you must remove any listings in respect of products that have ceased to be available.

8.8 You must ensure that all prices specified in or in relation to a listing are in your local country currency only.

9. Product rules

9.1 You must not use our app to advertise, buy, sell or supply services, intangible products or downloadable products.

9.2 You must not advertise, buy, sell or supply through our app any product that:

  • (a) breaches any law, regulations or code, or infringes any person’s intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;
  • (b) consists of or contains material that would, if published on our website or app by you, contravene the provisions of Section 4 or Section 17; or
  • (c) is or relates to: drugs, narcotics, steroids or controlled substances; pornography; obscene, indecent or sexually explicit materials; knives, swords, firearms or other weapons; ammunition for any weapon; items that encourage or facilitate criminal acts or civil wrongs; or items that encourage or facilitate the infringement of any intellectual property right.

10. Data

10.1 We will have access to all information provided or generated by you and other users in the course of the use of our marketplace services.

10.2 We may provide to third parties information provided or generated by you and other users in the course of the use of our marketplace services in the following circumstances only:

  • (a) where necessary for the proper functioning of our website or app;
  • (b) in the case of non-personal data, where we feel we, or a third party, can provide a beneficial service or product; and
  • (c) in the case of personal data, in accordance with our privacy policy (which includes information about opting-out of such data sharing).

10.3 You will have no contractual right under these terms and conditions or otherwise to access information provided or generated by you or by other users when using our marketplace services.

11. The buying and selling process

11.1 You agree that a contract for the sale and purchase of a product or products will come into force between you and another registered app user, and accordingly that you commit to buying or selling the relevant product or products;

  • (a) a buyer must commit to purchasing the product or products, and then proceed to the checkout;
  • (b) if the buyer is a new user, he or she must create a buyer account with the app and log in; otherwise, the buyer must enter his or her login details;
  • (c) once the buyer is logged in, he or she must confirm the purchase;
  • (d) the buyer will be provided access to the appointed payment service provider, and the payment service provider will handle the buyer’s payment to the seller; buyers must submit payment in full via payment card;
  • (e) the website or app will then send to the buyer an automatically generated acknowledgement of payment (at which point the order will become a binding contract between the seller and the buyer);

12. Terms and conditions of sale

12.1 Notwithstanding any terms agreed between a buyer and a seller, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:

  • (a) the price for a product will be as stated in the relevant product listing;
  • (b) handover of products must be made within 14 days following the date the contract of sale comes into force or such shorter period as the buyer and seller may agree
  • (c) products must be of satisfactory quality, and must be fit for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer; and
  • (d) products are sold and purchased with the understanding that no refunds will be issued after payment has been completed.

12.2 Both buyers and sellers undertake to comply with the agreed terms and conditions of sale and purchase.

13. Fees

13.1 Following the sale of a product/products, the seller will receive the sale price of their product/products:

  • (a) less their nominated donation amount, agreed at time of listing the item, which will go to your chosen beneficiary.

13.2 The donation amount will be paid directly to the seller’s chosen beneficiary (registered BOON group), less:

  • (a) our commission
  • (b) payment handling fees of 1.4% + £0.20 per transaction

13.3 In respect of commission payable to us:

  • (a) commission shall be payable at the rate of 5.0% of aggregate sales value (excluding VAT);
  • (b) we shall deduct commission due from amounts held or processed by us on behalf of the seller; and
  • (c) commission payments are non-refundable, irrespective of whether a buyer subsequently cancels the underlying order and irrespective of whether a buyer is entitled to, or receives, a refund in respect of such an order.

13.4 All amounts stated in these terms and conditions or on our website or app are stated exclusive of VAT.

13.5 The seller acknowledges that we may be required by applicable law to make VAT-related or other tax-related deductions to payments processed by us on behalf of a seller under these terms and conditions. We may remit such deducted amounts to the relevant government or tax authorities. Within 5 days following the sending of a request by us to the seller, the seller must pay to us or reimburse us in respect of such amounts and, without prejudice to our other rights under these terms and conditions, we may deduct such amounts from payments due to the seller under these terms and conditions.

13.6 Promptly following receipt of a written request from us, you must supply to us any information and documentation that we may reasonably request in order to identify you or facilitate our compliance with our legal obligations relating to the taxation of payments made to us or processed by us under or in relation to these terms and conditions. We may supply such information and/or documentation to relevant government and tax authorities.

13.7 We may vary fees from time to time by posting new fees on our website or app, but this will not affect fees for services that have been previously paid.

13.8 We may vary commission rates from time to time by posting new rates on our website or app, but this will not affect any liability to pay commission that accrues before the new rates are posted.

13.9 Registered users may withdraw funds generated by successful sales. On request of withdraw, fund will be processed by our processor, Wise, and sent directly to the registered bank account details of that user. Wise charge a fee of 20p + 0.35% per withdraw request, this will be deducted from the funds transfered.

14. Payments

14.1 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

14.2 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

  • (a) an amount equal to the amount of the charge-back;
  • (b) all third-party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
  • (c) an administration fee of GBP 25.00 including VAT; and
  • (d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 14.2 (including without limitation legal fees and debt collection fees),
    and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 14.2.

14.3 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

14.4 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

15. Our role

15.1 You acknowledge that:

  • (a) we do not confirm the identity of website or app users, check their credit worthiness or bona fides, or otherwise vet them;
  • (b) we do not check, audit or monitor the information contained in listings;
  • (c) we are not party to any contract for the sale or purchase of products advertised on the app;
  • (d) we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers;
  • (e) we are not the agents for any buyer or seller, and accordingly, we will not be liable to any person in relation to the offer for sale or sale or purchase of any products advertised on our website or app; furthermore, we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.

15.2 The provisions of this Section 15 are subject to Section 21.

16. Our rights to use your content

16.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website or app for storage or publication on, processing by, or transmission via, our website or app.

16.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store and publish your content on and in relation to this website or app and any successor website or app.

16.3 You grant to us the right to sub-license the rights licensed under Section 16.2.

16.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 16.2.

16.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

16.6 You may edit your content to the extent permitted using the editing functionality made available on our website or app.

16.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

17. Rules about your content

17.1 You warrant and represent that your content will comply with these terms and conditions.

17.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

17.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

  • (a) be libellous or maliciously false;
  • (b) be obscene or indecent;
  • (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
  • (d) infringe any right of confidence, right of privacy or right under data protection legislation;
  • (e) constitute negligent advice or contain any negligent statement;
  • (f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
  • (g) be in contempt of any court or in breach of any court order;
  • (h) be in breach of racial or religious hatred or discrimination legislation;
  • (i) be blasphemous;
  • (j) be in breach of official secrets legislation;
  • (k) be in breach of any contractual obligation owed to any person;
  • (l) depict violence in an explicit, graphic or gratuitous manner;
  • (m) be pornographic, lewd, suggestive or sexually explicit;
  • (n) be untrue, false, inaccurate or misleading;
  • (o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  • (p) constitute spam;
  • (q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
  • (r) cause annoyance, inconvenience or needless anxiety to any person.

17.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

17.5 You must not use our website or app to link to any website or app or web page consisting of or containing material that would, were it posted on our website or app, breach the provisions of these terms and conditions.

17.6 You must not submit to our website or app any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

18. Report abuse

18.1 If you learn of any unlawful material or activity on our app, or any material or activity that breaches these terms and conditions, please ‘Report’ the item using the app.

18.2 You can also let your group administrator know about any such material or activity by messaging.

19. Suspension and restriction of services

19.1 If we, or your group administration, decide to suspend and/or restrict your account on our website or app:

  • (a) we will not provide any notice period;
  • (b) we may provide to you a statement of the reasons for the suspension and/or restriction, unless we are under a legal or regulatory obligation not to do so; and
  • (c) if you would like to contest the suspension and/or restriction, you may do so by writing to us using the contact details set out in these terms and conditions.

19.2 Subject to the other provisions of this Section 19, if we decide to suspend and/or restrict your account on our website or app, we may do so at any time in our sole discretion with or without notice to you.

19.3 Where we suspend or restrict access to our website or app or services, you must not take any action to circumvent such suspension or restriction (including without limitation creating and/or using a different account).

20. Limited warranties

20.1 We do not warrant or represent:

  • (a) the completeness or accuracy of the information published on our website or app;
  • (b) that the material on the website or app is up to date;
  • (c) that the website or app will operate without fault; or
  • (d) that the website or app or any service on the website or app will remain available.

20.2 We reserve the right to discontinue or alter any or all of our website or app services, and to stop publishing our website or app, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website or app services, or if we stop publishing the website or app.

20.3 To the maximum extent permitted by applicable law and subject to Section 21.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website or app and the use of our website or app.

21. Limitations and exclusions of liability

21.1 Nothing in these terms and conditions will:

  • (a) limit or exclude any liability for death or personal injury resulting from negligence;
  • (b) limit or exclude any liability for fraud or fraudulent misrepresentation;
  • (c) limit any liabilities in any way that is not permitted under applicable law; or
  • (d) exclude any liabilities that may not be excluded under applicable law,
    and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

21.2 The limitations and exclusions of liability set out in this Section 21 and elsewhere in these terms and conditions:

  • (a) are subject to Section 21.1; and
  • (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

21.3 To the extent that our website or app and the information and services on our website or app are provided free of charge, we will not be liable for any loss or damage of any nature.

21.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

21.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

21.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

21.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

21.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or app or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

22. Indemnity

22.1 You hereby indemnify us, and undertake to keep us indemnified, against:

  • (a) any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or app or any breach by you of any provision of these terms and conditions;
  • (b) any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our website or app, where that liability arises out of your failure to pay or to register to pay any VAT or other tax properly due in any jurisdiction.

23. Termination

23.1 We may terminate a contract under these terms and conditions at any time in our sole discretion with or without notice to.

23.2 You may terminate a contract under these terms and conditions.

23.3 If:

  • (a) we terminate a contract under these terms and conditions;
  • (b) as a result of such termination, you lose access to any of our services with respect to which you have paid us in cleared funds; and
  • (c) you have not breached a contract under these terms and conditions and we do not have any other specific ground or grounds for terminating as set out in these terms and conditions, then we will refund to you a pro rata amount of your payment(s), such amount to be calculated by us using any reasonable methodology.

24. Third party website or apps

24.1 Our website or app includes hyperlinks to other website or apps owned and operated by third parties; such hyperlinks are not recommendations.

24.2 We have no control over third party website or apps and their contents, and subject to Section 21.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

25. Trademarks

25.1 BOON, our logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

25.2 The third party registered and unregistered trademarks or service marks on our website or app are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

26. Variation

26.1 We may revise these terms and conditions from time to time.

26.2 The revised terms and conditions shall apply to the use of our website or app from the date of publication of the revised terms and conditions on the website or app, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

26.3 If you have a business account on our website or app:

  • (a) we will notify you in writing of any proposed changes to these terms and conditions;
  • (b) the date upon which the proposed changes will take effect will be specified in our notice to you, but will not be before the expiry of a period of 15 days following the date that we give you the notice; and
  • (c) you will have the right to terminate a contract under these terms and conditions by giving to us written notice of termination before the expiry of the period specified above, in which case a contract under these terms and conditions will,
    but, notwithstanding the foregoing, we may vary these terms and conditions by giving to you written notice of variation if we are subject to a legal or regulatory obligation which requires us to change these terms and conditions in a manner that does not allow us to respect the notice period referred to above, or if we have exceptionally to change these terms and conditions to address an unforeseen and imminent danger related to defending our website or apps or our users from fraud, malware, spam, data breaches or other cybersecurity risks.

27. Assignment

27.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

27.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

28. Severability

28.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

28.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

29. Third party rights

29.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

29.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

30. Entire agreement

30.1 Subject to Section 21.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website or app and shall supersede all previous agreements between you and us in relation to your use of our website or app.

31. Law and jurisdiction

31.1 These terms and conditions shall be governed by and construed in accordance with English law.

31.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

32. Statutory and regulatory disclosures

32.1 We will specify on the website or app or elsewhere in these terms and conditions the different technical steps you must follow to conclude a contract under these terms and conditions, and also the technical means for identifying and correcting input errors prior to the placing of your order.

32.2 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website or app. We recommend that you consider saving a copy of these terms and conditions for future reference.

32.3 These terms and conditions are available in the English language only.

32.4 The website or app of the European Union’s online dispute resolution platform is available at http://ec.europa.eu/odr. The online dispute resolution platform may be used for resolving disputes.

33. Our details

33.1 This website or app is owned and operated by BOON Market Ltd

33.2 We are registered in England and Wales under registration number 13143695, and our registered office is at Technology House, Station Road, Alton, Hampshire, GU34 2PZ

33.3 You can contact us:

  • (a) by post, to the postal address given above;
  • (b) using our website or app contact form; or
  • (c) by email, using support@boonfundraising.com