Part 1: Introduction & relationships

We'd like to start by describing how our relationship works. Boon includes technology to connect You to merchants and special offers provided by those merchants. You will enter into a direct relationship with the merchant in relation to any purchase you choose to make, and any matter relating to the fulfilment, payment, returns and refunds is a matter between you and the merchant.

Discounts, and special offers which You may access as the result of signing up to Boon are determined by the relevant merchants and the amounts are therefore outside of the control of Licensee and its technology partners. The merchant's decision is final in relation to the amount of discount distributable to You on any transactions.

Boon connects you with merchants through our trusted technology and transaction processing partner White Label Loyalty (“WLL”) (https://whitelabel-loyalty.com). WLL provides the technology that enables you to receive your discounts from merchants. Perks Loyalty Ltd (trading as White Label Loyalty) is registered in the United Kingdom at Park House, Park Square West, Leeds, England, LS1 2PW.

By using Boon, You are instructing Perks Loyalty Ltd to collect data under legitimate interest and contract; data including but not limited to; merchant's commission amount, time of transaction, website’ URL, as you use your browser. See their privacy policy in the second section of this document.

This agreement

  1. Your use of WLL's service and technology, as part of Boon, is governed by these terms, which is a legal agreement between you and WLL.
  2. By accepting these terms, you are using the WLL service.
  3. WLL may modify these terms to reflect changes in the law and the Service. WLL will notify you in advance, unless a change is needed immediately for legal reasons.
  4. WLL processes your personal data to provide the Service to you, in accordance with the WLL Privacy Notice detailed in the second section of this document.

The service

  1. Once you have signed up, we will give you access to the WLL Platform and the features we offer through it. We refer to this as WLL's Service.
  2. WLL may terminate the service if you are not active for 6 months or longer.
  3. WLL may modify the Service for legal or security reasons, to ensure it functions well, or to enhance its features. Updates will be installed automatically.

Definitions

When we use the term WLL Platform, we mean WLL's marketplace where brands place offer codes for their products and services, enabling you to surface deals as you shop on your mobile or desktop device.

Part 2: How the Deals Service works

This section describes the key steps of how the Service works, with important notices relating to your use of it.

Register

Create an account on Boon and activate the WLL browser extension.

  1. Browse
    • As you browse or shop on your device, WLL will surface search results from its database of offers.
    • The coupons available to you will be displayed to you by the merchant and are based on Total Transaction Value.
    • WLL does not endorse or provide any warranties regarding the products and services advertised by merchants, including as to their quality.
  2. Select Deals
    • Clicking on the offers will connect you directly with the merchant.
    • You will enter into a direct relationship with the merchant in relation to any purchase and the associated offer. Fulfilment, payment, returns and refunds is a matter between you and the merchant.
  3. Buy
    • Make your discounted purchase on the merchant's site.
    • The amount of discount is determined by the merchant and therefore outside of WLL's control. WLL will distribute the amount actually paid by the merchant even if different to what the merchant displayed.

Definitions

  • Coupons means discount codes and similar special offers offered to you by merchants on your purchase (excluding the amount you have donated to a charity).
  • Total Transaction Value is the total net value (not including applicable taxes such as VAT and sales taxes, delivery fees and any other amounts excluded by the merchant) of any and all sales as per the discount codes the merchant has offered to you via the Service.
  • A merchant is a brand or retailer that offers you deals via WLL.

Part 3: Responsibilities

Below describes WLL's and your responsibilities in relation to the Services. Responsibilities apply equally to each party.

  • WLL will provide you with free of charge access to the Services to enable you to accept offers from merchants using the WLL Platform.
  • You must follow the acceptable use terms described in the Do's and Dont's section.
  • WLL will use reasonable efforts to make the WLL Platform available 24 hours a day, seven days a week, except for any periods of unscheduled maintenance.
  • WLL will always aim to do any maintenance outside of business hours in the UK (9am-5pm on weekdays, excluding public holidays).
  • WLL will keep any personal information received from you confidential and in line with WLL's obligations under its privacy notice and under relevant law.
  • You will keep confidential any information you receive from WLL regarding its business and technology.

Part 4: Do's and dont’s

Important rules relating to how you use WLL's technology

Here are our rules for using the WLL Platform, which are your legal obligations whenever you use it. Think of it as important things you should and shouldn't do. They're all common sense. If you break these rules, WLL has the right to terminate your use of the WLL Platform immediately.

Do:

  • Use the WLL Platform in an appropriate way, for the purposes for which it is intended.
  • Provide complete and accurate information when you register for the Service, and keep it up to date and accurate during the time and you use the Services.
  • Respect the time and effort WLL has taken to invest in its brand and technology, and treat WLL support staff with respect.

Don’t:

  • Register to the platform if you are less than 16 years old (or the age of majority in your country of residence if it is higher than 16). By using WLL, you represent that you are at least 16 years old or over the age of majority in your country.
  • Use or exploit the WLL name and logo or any other WLL intellectual property other than as permitted. This includes copying, reverse engineering, disassembling or decompiling any part of the Services or the WLL Platform, and distributing or selling any derivative works.
  • Circumvent any security features of the Service, or use any device or software to bypass any code or interfere with the normal working of the Services.
  • Carry out any systematic retrieval of data from the Services to create or compile any collection, compilation, database or directory from the information you access on the WLL Platform. This includes any automated or manual process for monitoring, scraping or extracting data.

Part 5: Other legal things

This section contains statements about our liability to you if things go wrong, and other legal points.

Limitation of liability

WLL's total liability to you under or in connection with this agreement is limited to one hundred and twenty-five percent (125%) of the total fees paid by you under this agreement. If you have not paid any fees to WLL under this agreement (which will usually be the case), WLL's total liability to you will be one hundred pounds (£100).

WLL will not be liable to you for any indirect, incidental, special, consequential, punitive or exemplary damages, arising out of any unavailability of or failure in the Services.

Nothing in this agreement excludes or limits WLL's liability for death, personal injury or fraud, or any other liability which cannot be limited or excluded by applicable law.

Force majeure

WLL will not have any liability for any failure to perform obligations under this agreement if such failure is caused by fire, flood, natural disaster, epidemic or government restrictions associated with epidemics, act of God, strike, civil unrest, riot, insurrection, revolution, war, terrorism, law or governmental regulation or other cause or event which is of a magnitude or a type beyond the reasonable control of WLL.

Our relationship

Your use of the Service does not create any employment, partnership or agency relationship between you and WLL or between you and any merchants.

Our agreement is only with you

WLL's agreement with you in relation to the Services is personal to you. It is not intended to confer any rights of enforcement on any third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.

Assignment of rights

You cannot assign, subcontract or otherwise transfer any of your rights or obligations under this agreement. WLL does have the right to transfer or subcontract its rights and obligations under this agreement, which may be necessary to deliver the Services to you or to change how we organise our business.

Governing law

This agreement and any dispute or claim arising out of it (including non-contractual claims) is governed by the law of England and Wales.

Disputes

The courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of this agreement.

If you have any questions or suggestions about these terms & conditions please email legal@whitelabel-loyalty.com.