- 1.2. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY BEFORE USING THE BOON APP AND/OR THE SERVICES, AND CHECK THEM PERIODICALLY FOR CHANGES. YOUR USE OF THE SITE IS SUBJECT TO AND CONDITIONED UPON YOUR AGREEMENT TO, AND COMPLIANCE WITH, ALL OF THE TERMS AND CONDITIONS BELOW (THE “AGREEMENT”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE BOON APP. BY COMPLETING THE REGISTRATION PROCESS, ACCESSING AND USING THE BOON APP, AND USING THE SERVICES, YOU ARE INDICATING THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU HAVE READ, UNDERSTAND AND UNCONDITIONALLY ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS WHICH APPLY TO ALL SERVICES RENDERED WITHIN THE USA.
2. Accepting these Terms and conditions
- 2.1. Your use of the Boon App, or any other Company software licensed through a third party distributor is also governed by any applicable current end user license agreement made available through the third party distributor. In the event of a conflict between any provision in these Terms and Conditions, the conflicting provision in these Terms and conditions will prevail.
- 2.2. Certain offerings, including without limitation sweepstakes, rewards, contests of skill, or promotions on the Site or through the Boon App, may be subject to additional guidelines, rules, or terms (“Additional Terms“). These Additional Terms will be located where We post the sweepstakes, rewards, contests of skill, or promotions on the Site. In the event of a conflict between the Terms and Conditions and the Additional Terms, the Additional Terms take precedence in relation to that Service. The Additional Terms for such Services are hereby incorporated by reference into these Terms and Conditions.
- 2.3. We may in Our sole discretion and at any time, change, add, or delete portions of these Terms and Conditions and/or any other terms on the Site. We will notify You of any such material changes. Your continued use of the Site following such notice constitutes Your acknowledgment and acceptance of, and agreement to, such changes.
- 2.4. You acknowledge that these Terms and Conditions are supported by reasonable and valuable consideration, the receipt and adequacy of which You hereby acknowledge, and which include, but are not limited to, Your use of the Boon App, and receipt of data, materials and information available at or through the Boon App, the possibility of Our use or display of Your Submissions (as defined below in Section 15), and the possibility of the publicity and promotion from Our use or display of Your Submissions.
3. Use of the Boon App
- 3.1 Riders must create an Account to access the Services (“Account”). Riders shall access and use the Boon App only for personal purposes, and only as long as they are in compliance with all provisions of the Agreement. Riders shall not use the Boon App in any way that violates the law or the terms of this Agreement, or harms Us, or any other person or entity, as determined in Our sole discretion. We reserve the right to requires Riders who use of the Boon App for commercial purposes to create a business account.
- 3.2 You may close your Account and cease to be a Rider at any time by sending Us written notification via email to firstname.lastname@example.org If your Account is closed or suspended, either by You or by Us, same shall not relieve You of any payment obligations that You incurred in connection with the Services while the Account was active.
- 3.3 We or third parties authorized by Us may from time to time place commercial content on the Boon App. We have no control over for the accuracy, truthfulness, quality, safety or legal aspects of content provided by third parties, nor do We endorse, guarantee, or are We responsible for such content (even if Riders receive any benefits related to the Boon App in connection with such third party offers). It is Rider’s responsibility to understand and accept the terms and payment obligations of all such content that Riders pursue.
- 3.4 Occasionally, the Boon App may experience interrupted service, delays or errors. This may be due to a number of reasons including maintenance that We perform on the Boon App, as well as reasons beyond Our control. We will attempt to provide You with prior notice of any interruptions, delays or errors, but cannot guarantee that such notice will be provided. Should You experience any such issues, please contact us at email@example.com so that We may address the issue.
- 3.5 Minimum hardware and software requirements for use of the Boon App may be posted from time to time. However, We do not guarantee the access to or performance of the Boon App even if Riders meet such minimum requirements.
- 3.6 We may, in Our sole discretion and at any time, in any way, for any reason, change or discontinue any part of the Boon App or Services with or without notice to You. We may, in the future and in Our discretion, impose charges for accessing any or all portions of the Boon App or Services, in which event We will provide notice before such access is granted and charges incurred. We shall not be liable to You or any third party should We exercise Our right to modify or discontinue the Boon App or Services. If You object to any such changes, Your sole recourse will be to cease accessing the Boon App or Services. Your continued access of the Boon App or Services following any such changes shall constitute Your acknowledgement of and agreement to such changes, and Your satisfaction with the Boon App or Services as so modified. You agree that We may in Our sole discretion and at any time, in any way, for any reason, immediately terminate Your access to the Boon App and Services. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE BOON APP OR SERVICES. TERMINATION OF YOUR ACCOUNT SHALL IN NO WAY MODIFY OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED THROUGH YOUR USE OF THE BOON APP OR SERVICES, WHETHER SUCH OBLIGATION IS TO US OR A THIRD PARTY.
- 4.1 To set up an Account, You must provide, among other things, your name, a functioning mobile phone number and e-mail address where You can be reached, a password of your selection which You agree not to transfer to or share with any third parties, and a method of payment (collectively, Your “Account Information“). The mobile telephone number must be SMS-capable so that You may receive temporary verification codes from Us for purposes of verifying Your identity and keeping Your Account secure. You agree to provide true, accurate, current and complete information for Your Account. You shall not (a) register for more than one Account, (b) register for an Account on behalf of a third party, (c) use any Account other than Your Account, or (d) permit any third party to use Your Account.
- 4.2 You are solely responsible for all use of Your Account Information and activities, act or omission of any third party, including without limitation any act or omission in violation of these Terms and Conditions, that may occur under or in connection with Your Account. You shall notify Us immediately by sending an email to firstname.lastname@example.org if you become aware that Your Account Information is being used without Your authorization.
- 4.3 We reserve the right to take any and all action as deemed necessary or reasonable in Our sole discretion, to ensure the security of the Boon App and Your Account, including without limitation terminating Your Account, changing Your password, or requesting additional information to authorize transactions on Your Account.
5. Services and Pricing
- 5.1. We offer multiple types of service. While we do not charge fees to use the Boon App, We may charge for certain auxiliary services and options. Complete pricing information is presented to You through the Boon App (such pricing information hereinafter referred to as a “Fee Estimate”). Any Fee Estimate presented to You via the Boon App is valid for a specified period of time, and is based upon time and distance factors, high demand surcharges, and other factors such as traffic conditions prevailing at the time the Fee Estimate was quoted. Fee Estimates for identical itineraries quoted at different times may vary due to these factors. Additional fees not included in the Fee Estimate, including without limitation fees for wait time, tolls, surcharges, additional stops, changes to final destination, other additional charges, variations in ground conditions, and any optional gratuities you may extend to the driver may result in an actual fee (“Actual Fee”) charged to You that is different than the fee initially quoted to You. You shall be fully liable for payment of the Actual Fee each time You reserve or receive Services.
- 5.2. The pricing methodology used to calculate the Fee Estimate may differ from that used to calculate the fee paid to the driver. For example, as is noted above, time and distance factors as well as other factors such as prevailing traffic conditions are used to calculate the Fee Estimate that You are quoted. Subsequent changes in such factors (an accident, gridlock, etc.) that occur after the Fee Estimate is given may require the driver to take a longer and/or less direct route to deliver You to your destination in a timely manner. Under such circumstances We honor the Fee Estimate and pay the driver based upon the longer route he or she was required to take. The Fee Estimate is not honored if the ride takes significantly longer in duration or distance due to changes You make such as requesting an additional stop or changing your destination. Under such circumstances You will be charged the Actual Fee reflecting the cost of the ride based upon the minimum fare, the distance, and the duration of the ride.
- 5.3. A third party navigation service is used to determine a recommended route to be taken by the driver, however the route ultimately taken is determined by the driver in his or her discretion based upon prevailing traffic and other conditions. We assume no responsibility for the efficiency of the route the driver takes and/or for any unexpected delays and/or related charges that may occur, irrespective of whether the route is one selected by the navigation service, the driver, or You, and irrespective of whether the driver refuses to take an alternate route You may request.
- 5.4. Gratuities are optional, and any gratuity you extend to a driver will be passed through by Us in full and without deduction. Processing fees may apply.
- 5.5. From time to time, We may beta test new services and invite You to participate. If You are invited to participate and agree to do so, You may be asked to agree to additional Terms and Conditions.
6. Reservations; Service
- 6.1. These Terms and Conditions, together with the Additional Terms and any other terms on the Site shall govern any request for Services You submit through the Boon App (a “Reservation“).
- 6.2. You understand and acknowledge that all Reservations for passenger transport made via the Boon App are being made with third party transportation providers, and that you will be picked up in a For Hire Vehicle that is owned by and/or affiliated with such third party transportation provider.
- 6.3. For your safety, You should verify that the driver that arrives to pick you up matches the driver photo displayed in the App. If a different driver arrives, do not get in the vehicle. Instead, please place a new Reservation and contact our customer support immediately at email@example.com so that we may refund any cancellation fee and/or other charges that the system may post to your account.
- 6.4. In the event We or the applicable Transportation Provider cannot fulfill the Reservation, We will use commercially reasonable efforts to contact You via the contact information associated with Your Account. We shall not be liable or responsible to You in the event we cannot accept or fulfill a Reservation.
- 6.5. You acknowledge and agree that any violation of the Terms and Conditions, the Additional Terms or any other terms may result in cancellation of Your Account and/or Your Reservation(s), in Your being denied access to any Reservation, and/or in Your forfeiting any fees You may have paid for such Reservation(s). You hereby authorize Us to debit Your Account (via the method of payment associated with Your Account) for any costs We incur as a result of such violation.
- 6.6. You authorize Us to charge Your Account for any additional costs and/or services incurred by You in connection with Your use of the Services, including without limitation Damage Charges as defined infra, and additional services you may request the driver perform, such as returning items left behind in the driver’s vehicle.
- 6.7. Any information related to the times for Services (including arrival time of a Transportation Provider and how long a delivery or passenger trip will take) are estimates only (“Time Estimates”) and provided for Your convenience. Time Estimates shall not constitute a guaranteed or comprehensive time or price quote and You shall not rely on Time Estimates. The actual arrival time and length of Services are subject to factors outside of Our control, including without limitation weather, traffic, ground conditions and the actions of the Transportation Provider. We shall not be liable, and You hereby waive any claim, cause of action, damages, demands or liability against Us, arising from a failure by a Transportation Provider or its driver either to pick you up or deliver you to your intended destination in a timely manner, or to timely deliver any goods.
- 6.8. Minors; Car Seats. You must be an adult eighteen (18) years of age or older in order to maintain an account with Us and order service. Children and infants are welcome to travel with You in the back seat of the vehicle, however We do not permit minors to ride in the front passenger seat and/or to ride unaccompanied by an adult. We reserve the right to request proof of age from passengers who appear to be minors and who are not accompanied by an adult, to cancel any trip request made by or on behalf of an unaccompanied minor, to require a minor to leave the vehicle together with the adult account holder should the adult account holder do so before reaching the destination, and/or to close any account opened by a minor or used to order service on behalf of an unaccompanied minor in violation of Our policies. If traveling with a child or infant, you remain responsible at all times for ensuring that the child/infant is properly restrained by means of an approved restraint system appropriate for the child/infant’s age and weight (i.e. a lap/shoulder seat belt, booster seat and lap/shoulder seat belt combination, or car seat) prior to departure, and at all times during the ride. You shall also remain responsible at all times for ensuring that any child that accompanies You does not interfere in any manner with the driver and/or with the safe operation of the vehicle. You shall be responsible for providing a booster seat or car seat appropriate for the age and weight of each child/infant that accompanies you. You shall be solely responsible for installing such car seats, ensuring that they are properly placed within the car, ensuring that any user of the car seat is properly buckled in the car seat, and ensuring that use of the car seat complies with all applicable federal, state and local laws. You hereby waive and release Us from any claims, causes of action, damages or other liabilities, including without limitation those causing damage to person or property, or death, that result either from defects in the manufacture of the car seats, malfunction of the car seats or any parts thereof, failure to properly install the car seat, failure to properly buckle and restrain the child or infant, or any use or misuse of the car seats.
- 6.9. Damage to Vehicle. In the event You or passengers traveling with You soil and/or cause damage to the Driver’s vehicle, You shall be responsible for and hereby agree to pay for the cost of cleaning and/or repair (the “Damage Charge”). The Damage Charge will be billed to Your account and following collection paid in full to the vehicle owner, and You hereby authorize Us to debit Your Account (via the method of payment associated with Your Account) for any Damage Charges incurred. Should you fail to pay the Damage Charge, the vehicle owner shall be entitled to pursue legal claims against You.
7. Payment, Receipts and Refunds
- 7.1. Payment for Services shall be made through the Boon App. To pay for Services through the Boon App, You shall provide Company with the payment information necessary to process a Reservation prior to making the Reservation. Your submission of Your payment information to Us constitutes Your authorization to Us to charge a temporary pre-authorization hold prior to your ride, and thereafter to charge the applicable fees. You represent that You will not use any credit card, debit card or other form of payment unless You have all necessary authorization to do so. If a credit card charge or other form of payment is subsequently dishonored, same shall not relieve You of Your obligation to pay for the services You have received.
- 7.2. At the conclusion of your ride, you will sent a receipt via e-mail. We reserve the right to issue amended receipts in the event the amount appearing on the original receipt is inaccurate.
- 7.3. We reserve the right to issue refunds in our discretion. All refunds shall be in the form of Account credit only. We do not issue cash refunds or refunds of any kind other than Account credit.
- 7.4. Some banks and credit card companies impose fees for certain transactions. Such fees are determined solely by Your bank or credit card company and We are not responsible for payment of any such fees. If You have any questions about these fees or the exchange rate applied to Your Reservation, please contact Your bank or credit card company.
- 7.5. Credit cards/Debit Cards do not include pre-paid cards, one-time cards, gift cards, virtual cards, anonymous cards and reloadable cards.
- 7.6. You agree to pay a late fee equal to 10% for all balances that remain unpaid 90 days after the date of service. If We are required to refer Your account to collection (including, but not limited to referral to a collection agency or attorney), You agree that in addition to the charges and late fees which may be due, You will reimburse Us for collection costs of 25% of the unpaid balance, including late fees. If Your account is subject to any discount, deal or promotion, You will lose the benefit of the discount, deal and/or promotion on the 91st day after the date of service if payment is not received by the 90th day. The discount, deal and/or promotion will be reinstated in Our discretion, and only after Your account balance has been paid in full. We reserve the right to discontinue service to You in the event you maintain an open balance on your account that is more than 90 days old.
8. Account Credits and Promotions
- 8.1. From time to time, We may offer promotions, deals or discount codes for the Boon App. We may in Our sole discretion establish, modify, suspend, end, reject or refuse to honor such promotions, deals or discount codes at any time, with or without notice to You. We reserve the right to set limitations on the use of promotions, deals and/or discount codes. Opening multiple accounts on the same device for purposes of redeeming a promotion, deal and/or discount code more than once is prohibited and shall result in the forfeiture of all promotional credits and/or suspension of the accounts. Additional terms regarding promotions, deals or discount codes will be posted on the Site or in the Boon App.
- 8.2. Promotional credits and customer care credits (“Account Credits”) may be applied to the immediately subsequent rides You take with Us until used in full. Account Credits are non-transferrable, may not be redeemed for cash, and expire one year from the date of issuance.
9. Cancellations and No-Shows
- 9.1. Any cancellations, no-shows or failure to be present to accept deliveries shall be governed by Our current cancellation policy, which may be found in our in-app Help Center. Additionally, certain Reservations shall have specific cancellation windows and You shall be responsible for all fees if You fail to show for a Reservation and fail to cancel the Reservation within the cancellation window.
10. Lost Property.
- 10.1. We are not responsible for any personal property left behind in a driver’s vehicle. If you lose or leave something behind, please contact our customer support team at firstname.lastname@example.org so that they may put you in touch with your driver directly.
11. Mobile Communications
- 11.1. By accessing and using the Boon App or Services with a mobile device, You acknowledge and agree that You may receive certain communications from the Boon App including without limitation SMS, MMS, text messages, mobile emails, push notifications, or other electronic communications means (collectively “Mobile Communications”). By accessing and using the Boon App or Services via mobile devices, or by using certain mobile features including without limitation sending or receiving Mobile Communications, You may incur fees from the provider or carrier of the mobile services that You use (“Carrier“) and You shall be solely responsible for the payment of such fees.
- 11.2. If You elect to include information about Your location (including location-related information provided by Your Carrier or any applications) in Your Account Information, You acknowledge, accept and agree that (i) such information shall be made available to Transportation Providers when You make a Reservation for Services; and (ii) Company shall not be responsible for the accuracy of such information or any use of such information by third parties including without limitation Transportation Providers.
12. Electronic Communications
- 12.1. You (i) consent to receive communications from Us in an electronic form (including via e-mails and text message), including without limitation marketing and promotional Communications, advertisements and telemarketing messages; and (ii) agree that all Terms and Conditions, agreements, notices, documents, disclosures, and other communications (“Communications“) that We provide to You electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. Your consent to receive Communications and do business electronically, and Our agreement to do so, applies to all of Your communications and transactions with Us. The foregoing does not affect Your non-waivable rights. You may withdraw your consent to receive marketing and promotional Communications, advertisements and telemarketing messages by contacting Us via email at email@example.com. The withdrawal of Your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided by Us or any business transacted prior to the time You withdraw Your consent. You shall keep Us informed of any changes in your email address so that You continue to receive all Communications without interruption.
13. Proprietary Rights
- (ⅰ) sublicense, sell, assign or otherwise share the Content with anyone;
- (ⅱ) duplicate any part of the App or any Content appearing on the App, for any purpose (except as expressly provided elsewhere in these Terms);
- (ⅲ) distribute, share, trade or create any derivative works based on the Boon App, or any of the Content, and you agree that any such use is NOT “fair use” under 17 U.S.C. § 107;
- (ⅳ) use the Boon App and/or any of the Content for any public display, public performance, sale or rental, and you hereby agree and stipulate that any and all such uses are NOT “fair use” under 17 U.S.C. § 107;
- (ⅴ) post, share, trade or offer for use/viewing/listening to or transcription copy of any or all of
the Content to or through any websites or service, including, without limitation, through
one-click hosting sites, file locker sites, bit torrent protocol, public or private forums, social
sites, video hosting “tube” sites, or any other similar technology;
- (ⅵ) remove any copyright or other proprietary notices from any of the Content; or
- (ⅶ) circumvent any encryption or other security tool(s) used anywhere on the Boon App.You acknowledge and agree that the foregoing list of prohibited uses is exemplary, non-exhaustive, and provided for illustrative purposes only. You further agree that the use of bots or any kind of automated process to copy, download, hot-link, frame, or otherwise use any Content is prohibited and will in all instances be considered commercial uses. Any license granted to You will terminate and be immediately revoked upon Your use of any Content in violation of this Section.
- 14.1. “Submissions” are any information, text, messages, concepts, suggestions, feedback, stories, screenplays, treatments, formats, artwork, photographs, videos, audiovisual works, musical compositions including lyrics, sound recordings, recordings, actions, appearances, performances Your or another persons’ name, likeness, voice, Username, profile, and/or other biographical information or material, and/or other similar materials that You email, post, upload, embed, display, publish, communicate or otherwise submit (collectively, “Submit”) on or through or to the Site. Submissions may be publicly displayed on Our site. You warrant and represent that You are the rightful owner of all of the rights to Your Submissions (including without limitation moral rights) or have the appropriate license or sublicense rights from the owner, without the need for any permission from or payment to any other person or entity, and that the information You Submit to the Site is true and accurate. You are entirely and solely responsible for all Your Submissions and the consequences of submitting them to, or posting or publishing them on, the Site.
- 14.2. We do not accept, review or otherwise consider unsolicited Submissions and request that Riders do not submit any unsolicited Submissions. Riders acknowledge that there is no confidential or fiduciary relationship between Riders and Us whatsoever and that We will not review or offer any consideration or compensation for any Submissions. Riders hereby grant to Us and Our officers, directors, employees, agents, licensees, distributors, representatives and affiliates, a non-exclusive, perpetual, irrevocable, unrestricted, fully-paid, royalty-free, sub-licensable and transferable (in whole or in part) worldwide license for an indeterminate period (or for such maximum period permitted by applicable law) under all intellectual property rights You own or control to use, reproduce, distribute, transmit, prepare derivative works of, publicly display, index, comment on, modify, perform and otherwise exploit Your Submissions, in whole or in part, for any purpose and in any media formats and channels (including among others on other Websites, and in products and services offered by Us) now known or subsequently devised, in each case without compensation, attribution, liability or notice to You and without the requirement of any permission from or payment to You or to any others. If You request in writing that We remove Your Submissions from the Site, We will remove any public display of Your Submissions and the license granted by You to Us shall terminate (except that We shall not be required to change any materials used by Us that already include Your Submissions).
- 14.4. We reserve the right to decide, in Our sole discretion, whether, where, and how a Submission is published on the Site. If We have questions about Your Submissions, We may contact You for further information (including, but limited to, to verify that You own the copyright or other intellectual property rights). Although We have no obligation to review any Submissions, We reserve the right, in Our sole discretion, to edit or remove any and all Submissions, without prior notice.
15. Rules of Conduct
- 15.1. In connection with Your use of the Site, its Content, and any and all Submissions, You agree to abide by all applicable federal, state local, national and international laws and regulations and not, nor allow or facilitate others, to violate or infringe any rights (including, but not limited to, copyrights, rights of publicity or privacy, confidentiality and trademarks rights) of others, Our policies or the operational or security mechanisms of the Site. Without limiting the foregoing You shall NOT:
- Use the Site or Boon App (including, but not limited to, in any Public Forums (as defined below) or other communication systems provided by the Site or Boon App) or any of its Content, including, but not limited to, Your or other Riders’ Rider Submissions, to promote, conduct, or contribute to activities that in Our sole discretion are profane, defamatory, infringing, fraudulent, obscene, pornographic, indecent, commercial, inappropriate or illegal, including, but not limited to, pyramid schemes, surveys, contests, chain letters, gambling, junk e-mail, spamming, promoting hatred towards any group of people or conduct that can reasonably be expected to harm others.
- Use the Site or Boon App in any manner which could damage, disable, overburden, or impair the Site or Boon App, or interfere with the access, use or enjoyment of this Site of Boon App by others, including, but not limited to, causing greater demand on the Site or Boon App than is deemed reasonable by Us, attacks such as “flaming” other Riders in a manner that might incite or perpetuate a conflict or argument, creating Usernames to attack other Riders’ identities.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Harvest, compile or otherwise collect PII about another Rider through the Site or Boon App (including, but not limited to, email addresses).
- Copy, modify, distribute, transmit, publicly display, publicly perform or create derivative works of any portion of the Site, Boon App, or any of their Content.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or the Boon App.
- Frame, hyper-link, or otherwise interfere with or in any manner disrupt, circumvent, overburden or compromise any part of the Site or Boon App, their Content, or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site, Boon App or Content.
- Decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site, Boon App or their Content except if and to the extent permitted by applicable law.
- Use any robot, spider, other automated device or any tool-bar, Web-bar, other Web-client, device, software, routine or manual process, to monitor or scrape information from the Site or Boon App, or bypass any robot exclusion request (on headers or anywhere else on the Site of the Boon App).
- Use any meta tags or any other “hidden text” utilizing any Content or intellectual property rights owned by, or licensed to, or by, Us.
- Access or attempt to access any other of Our systems, programs or data that are not made available by Us for public Use.
- Create or provide any other means through which the Site or Boon App may be accessed, for example, through server emulators, whether for profit or not.
- 15.2. We cannot and do not assure that other Riders comply with this Agreement, and Riders assume all risk of harm or injury resulting from any such lack of compliance.
16. Public Communications and Forums
- 16.1. The Site and the Boon App may enable Riders to interact directly with other Riders, such as by sending public or pre-defined private messages and posting comments in chat rooms, bulletin board services, news groups, communities, personal Web pages, calendars, and /or other message or communication facilities and forums designed to enable Riders to communicate with the public at large or with other Riders (“Public Forums”). Use of the Public Forums is permitted only for noncommercial purposes and subject to the terms of the Agreement. You agree to use the Public Forums only to submit, send and receive messages and material that are proper and related to the purpose of this Site and the Boon App.
- 16.2. Riders are solely responsible for the Submissions they make, and the consequences thereof, on or through the Boon App, the Site and its Public Forums. We do not endorse, guarantee, nor are We responsible for the information, opinions, or recommendations submitted by any Rider in any Public Forum or otherwise in connection with the Site or Boon App and expressly disclaim any all liability in connection therewith.
- 16.3. Although We are investing efforts in ensuring a safe and pleasant environment, when using the Site or the Boon App You may be exposed to Submissions by others (a) with which You may disagree, (b) that You may find offensive, indecent, or objectionable, or (c) which are inaccurate, misleading or illegal. You expressly assume and agree to bear any and all risks associated with Your use of, exposure to or reliance on any such Submissions. You should be skeptical about information provided by others, and You acknowledge that there is a possibility of use of any Submissions by others, and that Submissions are made at Your own risk. Never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Information obtained in or from Public Forums may not be reliable, and it is not a good idea to take any action based solely or largely on information You cannot confirm. We are not responsible for any Submissions by Riders, nor for any actions taken or avoided based on such Submissions. You waive any legal or equitable rights or remedies You have or may have against Us with respect to other Riders’ Submissions.
- 16.4. Please respect and interact with other Riders as You would in any public arena. Do not reveal any information that You do not want to make public. WHEN ENGAGING IN PUBLIC FORUMS, DO NOT DISCLOSE PII. RIDERS ACKNOWLEDGE THAT PUBLIC FORUMS AND ANY CONTENT OR FEATURES OFFERED THEREIN ARE FOR PUBLIC COMMUNICATIONS AND RIDERS HAVE NO EXPECTATION OF PRIVACY WITH REGARD TO ANY SUBMISSION MADE OR RECEIVED IN A PUBLIC FORUM OR OTHERWISE IN CONNECTION WITH THE SITE.
- 16.5. We reserve the right but not the obligation to:
- Monitor Public Forums and Submissions.
- Condition access to and use of Public Forums in accordance with age, geographic or other criteria.
- Review, refuse, remove, modify, store, or otherwise take any action with respect to Submissions, at Our sole discretion and without prior notice.
- To the extent permitted by applicable law, identify any Rider and/or disclose any Submission or PII to third parties, when We believe that such identification or disclosure will facilitate compliance with laws or help to enforce these Terms and Conditions.
- We encourage Riders to report to Us any suspected violations of this Agreement or any other additional terms posted on the Site.
- 17.2. You hereby provide Company with full, irrevocable authority to provide data concerning Your name, mobile telephone number, journey and pick-up time to Company’s pool of Transportation Providers and drivers in your location. Additionally, if you provide additional information through the Special Requests feature of the app (for example, that you are traveling with a service animal), that information will be disclosed to the Transportation Providers. This data will be used to select Your Transportation Provider from Company’s pool and will enable the Transportation Provider to pick You up at the chosen location and take You to Your destination. No other data about You will be disclosed to the pool of Transportation Providers or Your specific Transportation Provider.
- 17.3. This Site and the App are not directed at children under the age of thirteen (13) and do not knowingly collect any PII from children under the age of 13. If a parent or guardian believes that this Site or the App have collected the PII of a child under the age of 13, please contact Us at firstname.lastname@example.org.
- 17.4. You acknowledge and accept that, despite our efforts, there may be times or situations when your PII is inadvertently disclosed by Us or by a third party to whom we have disclosed Your PII. You hereby accept that risk and waive any and all claims, causes of action, damages and liability against Us in the event of inadvertent or disclosure of PII due to breach of Our internal controls.
18. Links to Third Party Websites
- 18.1. The Site may contain links and references to Websites of others. We may, from time to time, at Our sole discretion, add or remove links to other Websites. These links are provided solely as a convenience to You, and access to any such Websites is at Your own risk. We do not review, approve, monitor, endorse, guarantee, warrant, make any representations with respect to, nor are We responsible for, such Websites. In no event will We be responsible for the information contained in such Websites, their practices or for Your use of or inability to Use such Websites or their services, or transmissions received from such sites. By using the Site, You expressly relieve Us from any and all liability arising from Your use of any third-party Website. We encourage Riders to read the privacy policies and other terms and familiarize themselves with the privacy practices of the other Websites before using their services.
19. Links to the Site
- 19.1. Subject to the terms of this Agreement, Riders may display a link to the Site as long as such use is not misleading, illegal or defamatory, and the linked Website contains no infringing or illegal content. Riders may not suggest that We endorse, guarantee, sponsor, nor in any way are We responsible for or affiliated with their site, nor tarnish, blur or dilute the quality of Our trademarks or any associated goodwill.
20. Disclaimers of all Warranties
- 20.1. THE SITE, THE BOON APP AND THEIR CONTENTS AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- 20.2. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SITE, THE BOON APP OR ITS CONTENT OR THE SERVICES SHALL MEET YOUR REQUIREMENTS, OR SHALL BE AVAILABLE, UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE; NOR DO WE WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS SITE OR ITS CONTENT OR THE SERVICES IN TERMS OF ITS CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE, OR IN CONNECTION WITH RIDERS’ SUBMISSIONS. SUBJECT TO APPLICABLE LAW, RIDERS ASSUME THE ENTIRE COSTS OF ANY AND ALL REPAIR OR CORRECTION. YOUR USE OF THIS SITE AND ITS CONTENT AND RIDERS’ SUBMISSIONS IS AT YOUR OWN DISCRETION AND RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES.
- 20.3. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH REGARD TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING, BUT NOT LIMITED TO, CREDIT CARD INFORMATION AND OTHER PII), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- 20.4. WE DO NOT CLAIM OR PROMISE THAT ANY RIDES OR DELIVERIES ARRANGED USING THE SITE OR THE Boon Services APP WILL IN FACT OCCUR; THAT DRIVERS WILL PICK UP PASSENGERS OR DELIVERIES ON TIME OR AT ALL; THAT RIDERS WILL REACH THEIR DESTINATION ON TIME, OR AT ALL. THAT RIDERS WILL RECEIVE THEIR DELIVERIES ON TIME, OR AT ALL. WE ALSO DO NOT MAKE ANY CLAIM OR PROMISE REGARDING THE TIMING, DURATION, QUALITY OR SAFETY OF THE RIDE. YOU HEREBY AGREE AND ACKNOWLEDGE THAT WE HAVE MADE NO SUCH CLAIMS OR PROMISES AND THAT WE SHALL NOT BE LIABLE FOR ANY RESULTING DAMAGES OR LOSSES.
- 20.5. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS
- 20.6 BOON IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE BOON PLATFORM OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE DO NOT PROCURE INSURANCE FOR, NOR ARE WE RESPONSIBLE FOR, PERSONAL BELONGINGS LEFT IN THE CAR BY DRIVERS OR RIDERS. BY USING THE BOON PLATFORM AND PARTICIPATING IN THE SERVICES, YOU AGREE TO ACCEPT SUCH RISKS AND AGREE THAT BOON IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF USERS ON THE BOON PLATFORM OR PARTICIPATING IN THE SERVICES.
- 21.1. RIDERS SHALL BE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR ACCOUNT INFORMATION AND PII, AS WELL AS ALL ACTIVITIES THAT OCCUR UNDER THEIR ACCOUNT. RIDERS HEREBY RELEASE, AND ACKNOWLEDGE AND AGREE, AT RIDERS’ OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, DISTRIBUTORS, REPRESENTATIVES, AFFILIATES, AND SUCCESSORS FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), INCLUDING SETTLEMENT COSTS AND ANY LEGAL OR OTHER FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTIONS OR THREATENED ACTIONS AND REASONABLE ATTORNEY’S FEES RELATED IN ANY WAY TO OR ARISING OUT OF THE USE OF OR ACCESS TO THIS SITE, ITS CONTENT, PII, RIDER SUBMISSIONS OR THE SERVICES. RIDERS SHALL USE THEIR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM.
22. Limitation of Liability and Damages Cap
- 22.1. LIMITATION OF LIABILITY AND EQUITABLE RELIEF. IN NO EVENT SHALL WE, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM BODILY INJURY, INJURY TO PROPERTY, DEATH, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF: (i) THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, ANY WEBSITES LINKED TO THE SITE OR TO THE BOON APP, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES OR ON THE BOON APP, (ii) ANY CONDUCT BY OR ON BEHALF OF US THAT CONSTITUTES, OR MAY CONSTITUTE, A CIVIL VIOLATION OF THE COMPUTER FRAUD AND ABUSE ACT OF 1984 AND AS MAY BE AMENDED FROM TIME TO TIME, OR (iii) ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, MOBILE DEVICE, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING OF THE SITE OR THE BOON APP, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM US, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL RIDERS, SUBSCRIBING ORGANIZATIONS (INCLUDING WITHOUT LIMITATION ANY OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES THEREOF), AND ANY AGENTS, REPRESENTATIVES OR ASSIGNS THEREOF, HEREBY WAIVE ANY CLAIMS FOR EQUITABLE RELIEF AGAINST US, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, ARISING OUT THE SERVICES OR FOR THE REASONS SET FORTH HEREIN, WHETHER OR NOT SUCH SERVICES WERE USED BY SUCH PERSONS OR ENTITIES.
- 22.2. DAMAGES CAP. IN NO EVENT SHALL WE OR OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS ASSUME TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, AND/OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100.00).
- 22.3. REFERENCE SITES AND THIRD-PARTY APPLICATIONS. THE LIMITATIONS ON LIABILITY AND DAMAGES CAP SET FORTH ABOVE IN THIS PARAGRAPH SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES AND THIRD PARTY APPLICATIONS OR OTHERWISE BY THIRD PARTIES OTHER THAN US AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR THE BOON APP, OR THE SERVICES OR RECEIVED BY YOU THROUGH ANY REFERENCE SITES AND THIRD PARTY APPLICATIONS.
- 22.4. EFFECT OF STATE LAW. THE LIMITATIONS ON LIABILITY AND DAMAGES CAP SET FORTH IN THIS SECTION ARE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. CERTAIN STATES’ LAWS MAY NOT RECOGNIZE OR OTHERWISE MAY LIMIT SOME OF THE LIMITATIONS OF LIABILITY AND DAMAGES CAP SET FORTH HEREIN. IF SO, YOU MAY HAVE ADDITIONAL RIGHTS.
23. Basis of the Bargain
- 23.1. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED OUR SERVICES, SET OUR PRICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS OF WARRANTIES, THE LIMITATIONS OF LIABILITY AND LIABILITY CAP SET FORTH HEREIN; THAT THE DISCLAIMERS OF WARRANTIES, THE LIMITATIONS OF LIABILITY AND LIABILITY CAP SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US; AND THAT THE DISCLAIMERS OF WARRANTIES, THE LIMITATIONS OF LIABILITY AND LIABILITY CAP SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. YOU ACKNOWLEDGE AND AGREE THAT WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
- 24.1. The Site and the Boon App provide You with access to a large number of independent Transportation Providers in your locality. Your contract for the hire of Services is directly with your Transportation Provider. You agree and acknowledge that We are not liable to you, and you hereby waive any claims, causes of action, damages or liabilities, against Us with respect to any claim for injury to person or property, loss of property, or death, arising from (a) the conduct or negligence of the Transportation Providers and their drivers, (b) the manufacture or use of vehicles provided by the Transportation Provider, or (c) breach of any contract you may have directly with the Transportation Provider or driver.
- 24.2. YOU HEREBY RELEASE COMPANY, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, DISTRIBUTORS, REPRESENTATIVES, AFFILIATES, AND SUCCESSORS FROM CLAIMS, DEMANDS ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, THAT IS EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISES FROM YOUR USE OF THE SITE, BOON APP, OR SERVICES.
25. Governing Law; Arbitration of Disputes; Waiver of Class Action Claims
- 25.1. This Agreement will be governed by and construed in accordance with the laws of the State of California applicable to agreements made and fully performed therein. Any and all controversies, disputes or claims arising out of or relating to this Agreement and its terms or a breach thereof shall be submitted to arbitration before a single arbitrator and in accordance with the Commercial Rules then obtained of the American Arbitration Association (“AAA”). The decision of the arbitrator shall be final and binding upon the parties, and judgment upon the award may be entered or enforced in any Court having jurisdiction thereof. The location of any arbitration proceedings hereunder shall be in the City and State of California, and shall be at such location within said jurisdiction as shall be agreed upon by the parties, or failing such agreement, the facilities of the AAA. All proceedings shall be kept strictly confidential by all involved.
- 25.2. YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ADDITIONALLY, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). THE ARBITRATOR SHALL HAVE NO AUTHORITY TO AWARD PUNITIVE, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES. ANY RELIEF AWARDED CANNOT AFFECT OTHER RIDERS.
26. No Representations
- 26.1. We make no representation that the Site, its Content or the Services are appropriate or available for use in any particular location. Those who choose to access the Site or the Services do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
27. Limitation of Claims
- 27.1. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
28. Infringement Notices and Takedown
- 28.1. We comply with the Digital Millennium Copyright Act (“DMCA”). We respect the intellectual property of others. If you believe in good faith that any content on the Site or the Boon App infringes the copyright owned by you or a third party, please contact us at:
- Boon Services LLC
- 350 Townsend Street, San Francisco California 94107
- (415) 724-9866
The notice must contain the following information:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
- Identification of the copyrighted work allegedly infringed;
- Identifying information reasonably sufficient to allow determination by Us of the location of the material that is allegedly infringing;
- Information reasonably sufficient to permit Us to contact you;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 28.2. The Copyright Agent will only respond to claims involving alleged copyright infringement. We may give notice that We have removed or disabled access to certain material by means of a notice posted on Our Site, an email to a User, or by written communication via first claim mail to a User. If a User receives such notice, the User may submit counter-notification in writing to the designated agent. To be effective, the counter-notification must be a written communication and contain the following information: (a) the User’s physical or electronic signature; (b) a description of the material that was removed or to which access was disabled and the location at which the material appeared on the Site before it was removed or disabled; (c) a statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled due to mistake or misidentification; and (d) the User’s name, physical address and telephone number, and a state that the User consents to the jurisdiction of a court for the judicial district in which the User is located, and that the User will accept service of process from the complainant. Notwithstanding this section, We reserve the right in Our sole discretion, at any time, to remove content which appears to infringe the intellectual property rights of another person or entity.
- 28.3. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact the representative designed above.
- 28.4. We reserve the right to terminate any User’s access to the Site or the Get App if We determine, in Our own discretion, that the User is a repeat infringer.
29. International Users and International Travelers
- 29.1. This Site is controlled, operated and administered by Company from Our offices within the USA. If You access the Site from a location outside the USA, You are responsible for compliance with all local laws. You agree that You will not use the Site or any Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
- 29.2. Different Terms and Conditions may apply if the Boon App is used outside the USA. Use of the Boon App outside the USA constitutes your acknowledgement that you have read, understand and unconditionally agree to the other and/or different terms applicable in the Country in which the Boon App is used.
- 29.3. Some banks and credit card companies impose fees for international transactions including without limitation foreign transaction and conversion fees. These fees are determined solely by Your bank or credit card company and We are not responsible for any such fees. If You have any questions about these fees or the exchange rate applied to Your Reservation, please contact Your bank or credit card company.
30. General Provisions
- 30.1. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under this Agreement shall not constitute a waiver of such term.
- 30.2. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, then such provision or portion shall be construed, as nearly as possible, to reflect the original provision, and the remainder of the Agreement will continue in full force and effect.
- 30.3. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction.
- 30.5. The section titles in this Agreement are used solely for the convenience and have no legal or contractual significance. No provision of this Agreement shall be construed against the owners of this site but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis.
- 30.6. The terms of this Agreement, which by their nature should survive the termination of the Agreement, shall survive such termination.
- 30.7. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
- 30.8. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Us as a result of these Terms or use of the Site, the Boon App or the Services. You further acknowledge that by submitting User Submissions or other Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Us other than pursuant to these Terms.
- 30.9. We may give notice to You by email, a posting on the Site, or other reasonable means. You must give notice to Us in writing via mail, via email email@example.com, or as otherwise expressly provided. If You have any questions or concerns about our App or Site, our Services or your Reservation, or any other questions, You may contact Us via email at firstname.lastname@example.org.
Copyright 2019. All rights reserved. Last updated November 5th, 2019.