BOONIES TERMS AND CONDITIONS
INTRODUCTION
Before creating an account on Boonies, it is important to carefully read the Terms and Conditions, including our Privacy Policy, Cookie Policy, Community Guidelines, and Safety Tips, as accessing or using Boonies’s Services implies your agreement to be bound by them.
We may update these Terms from time to time, so check this page regularly for updates.
The terms “us”, “we”, “Company” and/or “Boonies” refer to Boonies App Inc. You may be referred to as the “Parties” or separately as “Party”.
By accessing or using our Services (mobile application, websites, or any other platforms or services Boonies may offer), you are legally bound to abide by our obligations.
We have the right to modify, amend, or change the Terms at any time, subject to applicable law. Updates regarding material changes will be provided on this page, including a revised effective date. Under specific conditions, we might inform you of a Terms change through email or other methods. By continuing to access or use our Services, you are giving your ongoing consent to any changes, and therefore, you will be legally obligated to the updated Terms. If you reject a modification to the Terms, you must stop accessing or using our Services immediately.
B. ACCOUNT ELIGIBILITY
Before signing up for Boonies, ensure that you meet the eligibility requirements for using our services. This section also outlines the acceptable and unacceptable actions while using the services, along with the permissions you provide to Boonies. You must not register for an account or utilize the services unless all of the following conditions are met. By using our services, you affirm and guarantee that:
You are a natural person (i.e., not a corporation, partnership, or other business entity) who is at least 18 years of age;
You have the legal capacity to enter into a legally binding contract with Boonies;
You do not have more than one account on our Services
You have not been previously removed by our Services
You are not prohibited by law to use our Services;
You have not been involved in, convicted of, or admitted guilt to an indictable offence (or similar serious crime), a sex offence, or any crime that involves violence or the threat of violence, unless you have been granted clemency for a non-violent crime and we have established that you are not likely to endanger other users of our Services.
offender with any state, federal or local sex offender registry. I do not possess more than one account on the Services. I have not been previously removed from the Services or their affiliates’ services by the provider.
In case you no longer meet these criteria, your authorization to access our Services or systems will be revoked automatically, and you are required to delete your account immediately. Furthermore, we reserve the right to terminate your access to our Services without prior notice.
You agree to;
To adhere to these Terms, regularly review this page to stay informed about any updates.
Ensure that you abide by all relevant regulations, such as privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements.
Use the latest version of the App and/or Website
Review the Safety Tips;
Review and comply with the Community Guidelines, as updated from time to time; and
Take reasonable measures to protect the security of your login information.
You agree that you will not:
Falsify your identity, age, or connections with a person or organization.
Please refrain from using the Services in a manner that could harm the Services or hinder their use by other users.
Do not use our Services in a way that could disrupt to adversely affect the platform, there servers, or our Services’ networks.
Do not utilize our Services for any malicious, unlawful, or unethical purposes, including but not limited to using any virtual items for money laundering or other financial crimes.
Bug, bully, stalk, scare, ambush, slander, hurt or something else to handle or cause mental hurt;
Post or share prohibited contents.
Request passwords for any reason, or individual recognizing data for commercial or illegal purposes from other clients, or spread another person’s individual data without his or her authorization;
Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Boonies’s prior written consent;
Use another user’s account
Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
Upload viruses or other malicious code or otherwise compromise the security of our Services;
Frame or mirror any part of our Services without Boonies’s prior written authorization;
Use, access, or publish the Boonies application programming interface without our written consent;
Probe, scan or test the vulnerability of our Services or any system or network;
Encourage, promote, or agree to engage in any activities that violate these Terms;
Create a new account after we suspend or delete your account, unless you receive our express permission; or
Submit a report about member’s behaviour or content that is false, misleading, or otherwise manifestly unfounded, abuse any Boonies reporting or appeals request systems made available.
The license granted to you under these Terms and any authorization to access the Services is automatically revoked in the event that you do not any of the above.
C. CONTENT
It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.
While using over Services, you will have access to: (i) content that you upload or provide while using our Services , even if suggested by our Services (“Your Content”); content that other users upload or provide while using our Services (“Member Content”); and (iii) content that Boonies provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other materials on our Services, including information on users’ profiles and in direct messages between users.
D. PRIVACY
For information about how Boonies App collects, users, and shares your personal data, please read our Privacy Policy. By using Boonies, you acknowledge that we may use data in accordance with our Privacy Policy.
E. PURCHASES AND SUBSCRIPTION TERMS
Boonies may offer products and services for purchase on the App (“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.
You may make an In-App Purchase through the following payment methods (“Payment Method”): (i) making a purchase through a third-party platform such as the Apple App Store and Google Play Store (“Third Party Store”), or (ii) paying with your credit card, debit card, or PayPal account, which will be processed by a third-party processor. Once you have made an In-App Purchase, you authorize us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.
Subscriptions and Auto-Renewal: Boonies may offer some services as automatically-renewing subscriptions, e.g., a one-week subscription, one-month subscription, or three-month subscription (“Premium Services”). IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL, AT BOONIES’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTIONS. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and an opportunity to cancel. If Boonies changes these prices and you do not cancel your subscription, you agree that you will be charged at Boonies’s then-current pricing for subscription.
Canceling Subscriptions. If you purchased a subscription directly from Boonies, you may cancel or change your Payment Method via the payment settings option under your profile. If you purchased a subscription through a Third Party Store, such as the Apple App Store or the Google Play Store, you will need to access your account with that Third Party Store and follow instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (i) you will not (except as set forth in the subsection entitled “Refunds” below) be eligible for a prorated refund, (ii) your subscription will not be renewed when that period expires and (iii) you will then no longer be able to use the Premium Services or In-App Purchases enabled by your subscription.
Because our Services may be utilised without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your account, you must terminate your account.
Boonies App Inc. operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates - which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options. Boonies App Inc. reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any product, feature, service or other offering; to impose conditions on the honouring of any coupon, discount, offer or other promotion; to bar any user from making any transaction; and to refuse to provide any user with any product, service or other offering or to honour any offer.
Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.
Taxes.
The payments required under this Section 5 do not include any Sales Tax that may be due in connection with the Premium Services provided under these Terms. If Boonies determines it has a legal obligation to collect a Sales Tax from you in connection with these Terms, Boonies will collect such Sales Tax in addition to the payments required under this Section 5. If any Premium Services, or payments for any Premium Services, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Boonies, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. As used herein, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
F. PUSH NOTIFICATIONS; LOCATION-BASED FEATURES
We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Boonies services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at hello@boonies.app
The App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the App to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the App uses and retains your information, please read the Privacy Policy.
G. DISCLAIMER
THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY MATCHES.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. BOONIES APP INC. IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. BOONIES APP INC. DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.
H. LIMITATION OF LIABILITY
NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.
I. INDEMNITY
All the actions you make and information you post on Boonies remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
any negligent acts, omissions or willful misconduct by you;
your access to and use of the App;
the uploading or submission of Content to the App by you;
any breach of these Terms by you; and/or
your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.
The foregoing provision does not require you to indemnify Boonies App for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.
J. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe any content on Boonies infringes the copyright in a work that you own, please submit a notification alleging such infringement (“DMCA Takedown Notice”) to Boonies App Inc. Copyright Agent. The Takedown Notice must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
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, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Takedown Notices should be sent to Boonies App Inc Copyright Agent at copyright@boonies.app.
K. THIRD PARTY APP STORE
The following additional terms and conditions apply to you if you download the App from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:
These Terms are concluded solely between you and the Boonies App Inc and not with the providers of the Third Party Store, and the Boonies App Inc. (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. Boonies App Inc. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Boonies App Inc.
Boonies App Inc., not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
The Third Party Store provider and its subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
In the event of a conflict between a Third Party Store’s or mobile carrier’s applicable terms and conditions and these Terms, the terms and conditions of the Third Party Store or mobile carrier shall govern and control. We are not responsible and have no liability whatsoever for third-party goods or services you obtain through a Third Party Store or mobile carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
L. TERMINATION AND REMEDIES
These Terms commence on the date you accept them (as described in the preamble) and continue until terminated in accordance with the terms herein.
You can delete your Account at any time by logging into the App, going to the “Settings” tab (the gear icon), and following the instructions to terminate your account. Please note that if you delete your Account, your subscription will continue until the end of the subscription period for which applicable fees have been paid, and you will not be entitled to a refund except as stated in Section 5. In addition to deleting your account, you will also need to cancel/manage any recurring subscriptions purchased via a Third Party Store (e.g., iTunes, Google Play) to avoid additional billing.
In the event that Boonies App Inc. determines, in its sole discretion, that you have breached any portion of these Terms, have misused the App, or have otherwise demonstrated conduct which Boonies App Inc. regards as inappropriate or unlawful (whether on or off the App), Boonies App Inc. reserves the right to: (i) warn you via email (to any email addresses you have provided to Boonies App Inc.) that you have violated the Terms; (ii) delete your User Content; (iii) discontinue your Account; (iv) discontinue your subscription(s) without refund; (v) notify and/or send your User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) pursue to any other action which Boonies App Inc. deems to be appropriate. You agree that all terminations for cause shall be made in Boonies App Inc. sole discretion and that Boonies App Inc. shall not be liable to you or any third party for any termination of your Account.
Termination of these Terms or your Account includes the removal of access to your Account, and all related information and content associated with or inside your Account.
If your account is terminated by you or by Boonies App Inc. for any reason, all provisions of these Terms which by their nature should survive, shall survive termination of these Terms, including, without limitation, the Arbitration Agreement, ownership provisions, warranty disclaimers and limitation of liability. Your information will be maintained and deleted in accordance with our Privacy Policy.
M. MISCELLANEOUS
There are a few more things we need to mention before you can use Boonies.
These Terms, which we may amend from time to time, constitute the entire agreement between you and Boonies App Inc. The Terms supersede all previous agreements, representations and arrangements between us (written or oral), excluding the Privacy Policy. Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
Boonies App Inc. has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Boonies and provides that information on an "as is", "as available" basis. Boonies App Inc. does not give or make any warranty or representation of any kind about the information contained on Boonies, whether express or implied. Use of Boonies and the materials available on it is at your sole risk. Boonies App Inc. is not responsible for any loss arising from the transmission, use of data, or inaccurate Member Content.
You are responsible for taking all necessary precautions to ensure that any material you may obtain from Boonies is free of viruses or other harmful components. You accept that Boonies will not be provided uninterrupted or error free, that defects may not be corrected or that Boonies App Inc., or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. Boonies App Inc. is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
The communications between you and Boonies App Inc. may take place via electronic means, whether you use the App or send Boonies App Inc. emails, or whether Boonies App Inc. posts notices in the App or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Boones App Inc. in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Boonies App Inc. provides to you electronically satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. Sec. 7001 et. seq.
We know our Terms are awesome, but we may have to change them now and again
As Boonies grows, we might have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. It’s also possible that we might ask you to agree to our Changes, but we’ll let you know. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible.
Your continued use of Boonies following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using Boonies immediately (uh oh, that’s going to be hard!).
Additional items:
If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.
By using the App, you agree and acknowledge that Boonies is a global app operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on Boonies, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.
The App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:
the availability or accuracy of such websites or resources; or
the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.
If you have any questions, complaints or claims with respect to the App, please contact us at hello@boonies.app
Effective date
The Terms were last updated on: August 30, 2024.