These Terms and Conditions (“Agreement”) describe the general terms and conditions applicable to the use of the Boon Tree website or virtual platform, info@theboontree.com (“Website or Virtual Platform” (the terms shall be used interchangeably)) and its associated services, by you (“User(s)”).
Please read this Agreement carefully before accessing or using the Website. By clicking on the “accept” button, you irrevocably agree to be subject to these Terms and Conditions.
You are only authorized to use the Website if you agree to abide by all applicable laws, this Agreement, and other documents we refer to in this Agreement such as the Privacy Policy. If you do not agree with all of the terms and conditions in this Agreement, do not use the Website.
The Boon Tree, whose address is Dari Business Park, 165 Ngong Road Karen 52743- 00200, Nairobi, is the owner of the Website.
The User is understood to be a person who uses the Website to access a variety of wellness services. Boon Tree makes the Website available to Users, at no cost, to connect Users interested in placing orders or bookings for a wide range of Wellness Services such as Alternative Wellness, Beauty and Spa, Emotional Wellness, Maternal/Baby Wellness, Mental Wellness, Occupational Wellness, Physical Wellness, Social Wellness, Wellness Travel and other products from participating Wellness Vendors (“Vendors”) interested in providing such services. The Website allows both the Users and the Vendors to join. Boon Tree does not provide any Wellness Services to the Users since all transactions are arranged between the User and the Vendor via the Boon Tree Platform. The Terms and Conditions will be applied in all transactions made between Users and Vendors through the systems included in the Website.
Boon Tree is a technology provider. You acknowledge and agree that Boon Tree does not directly provide any wellness services in the capacity of a Wellness Vendor. The wellness services are provided by the Vendors who are not employees, representatives, or agents of the Boon Tree. Users accept all risks related to interacting with and transacting with the Vendors and all risks related to the products/ services the Vendors deliver or provide to the Users.
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a corporeal person who is eighteen (18) years of age or older or a properly incorporated or registered entity with a legal personality. If you are a corporeal person under eighteen (18) years of age, but at least thirteen (13) years of age, your parent, legal guardian, or trustee must enter into this Agreement on your behalf. You warrant that you are not prohibited from assenting to this Agreement by any pre-existing Agreement.
You warrant and represent that any information that you provide to Boon Tree is accurate and valid. You agree to comply in good faith with the terms and conditions of this Agreement.
Additionally, if you are entering into this Agreement on behalf of your organization, you represent that you are the authorized agent of the organization and have the legal authority to enter into this Agreement on its behalf.
Further, you will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, county, and/or national laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website.
Subject to the terms and conditions of this Agreement, Boon Tree hereby grants you a limited, non-exclusive, royalty-free, non-transferable, and revocable access to the Website through an internet enabled device that you own or control. This access is revocable at any time, and any rights not expressly granted herein are reserved to Boon Tree.
To access and use the Website, the User must have a device that can access the internet. Further, to access and use the Website, the User will have to register with Boon Tree thereon. The User will be asked to create an account by entering in the Registration Form (hereinafter, the "Registration Form") the following personal data: (a) first and last name, (b) address, (c) date of birth (if applicable), (d) email address, and (e) telephone number (hereinafter, the "Personal Data"). Please see the Privacy Policy for Users, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about the User(s). Boon Tree does not endorse or discriminate against Users based upon any information provided by the User or made available through the Website.
The User declares and guarantees the veracity, accuracy, validity, and authenticity of the Personal Data entered in the Registration Form and assumes the commitment to keep said Personal Data updated. If the User does not do so, the User will be in breach of this Agreement, which could lead, among other things, to the suspension and termination of the account and the use of the Website. Boon Tree and the Wellness Vendors will not be responsible for the veracity, accuracy, validity, and authenticity of the Personal Data entered by the User. Every account is personal and non- transferable. The User is responsible for maintaining the confidentiality of their account, username, and password, and agrees to assume responsibility for all activities carried out in their account. At the time of registration, the User agrees to receive emails from Boon Tree with information about promotions and other products.
Boon Tree will store and handle the User’s data in accordance with the Data Protection Act No.24 of 2019 of the Laws of the Republic of Kenya and as further provided in the Privacy Policy. Boon Tree is under no obligation to provide the User with the Personal Data, except as provided in the Privacy Policy and the Data Protection Act No.24 OF 2019.
Boon Tree may modify any information contained on the Website at any time, including that related to products, prices, availability, and conditions, except for the purchases that have been accepted up to that time, so the modifications will only refer to future operations. All prices in the Website will be expressed in Kenya Shillings. When a User places an order, the User will be charged for the total amount of the products the User purchased inclusive of tax and any Statutory Charges that will be applicable at the time of order.
Boon Tree may offer deals and promotions from time to time with reduced fees and/or discounted products. The products will be published on the Website and each User may make purchases subject to compliance with the minimum purchase and/or maximum amounts in case of applying for any promotion. All promotions that are published on the Website will be governed by their respective terms and conditions, which will be available on the Website and must be read and accepted by the User. It is expressly established that if the payment cannot be processed for factors not attributable to the Website, the purchase will be cancelled. Users understand and agree that Boon Tree will not be held liable for User’s failure to complete a transaction entered into with the Vendors by way of a connection made using the Website.
Boon Tree will be the sole responsible party for and in charge of collecting payment and issuing the payment receipt for each sale made, in compliance with current and local tax laws and regulations. The proof of payment will be issued in all cases (even if the Website enters discounts and/or promotions) for the total amount of the sale price and at the time of provision of the service/product or payment of the price by the User, whichever is earlier. When the Website makes a promotion and/or discount available to the Users, these benefits are granted directly by Boon Tree to each User within the framework of these terms and conditions and any particular terms and conditions in respect of the promotion. The User shall only be responsible for paying the amount stated in the promotion.
The products/services offered by the Vendors in the Website are available for purchase in the Republic of Kenya as indicated on the Website at the point of purchase.
To make purchases through the Website, the User must follow the steps described below:
The Boon Tree and/or its Affiliates reserve all rights to the Website, as well as all related intellectual property not expressly granted under this Agreement. The User acknowledges and accepts that all trademarks (common law or registered), copyrights (common law or registered), and other content (such as texts, graphic material, button icons, source codes, and data compilations) displayed on or used with the Website are the property of their respective owners.
All Boon Tree marks and logos, including those associated with the BOON TREE Website, its look and feel, colour selections, layout, and arrangement, constitute the trade dress of Boon Tree. You are prohibited from using BOON TREE’S trademarks, copyrights, and trade dress, or any colourable imitation thereof, to indicate the source, sponsorship, approval, affiliation, connection, or association of your goods or services without the prior written consent of Boon Tree.
Furthermore, you acknowledge and accept that all rights, titles, and interests associated with the Website, including its intellectual property rights and all improvements, modifications, revisions, derivative works, non-recurring engineering, the product of customization and integration tasks, customer opinions and suggestions, and white label applications, are and will remain the sole and exclusive property of Boon Tree. These Terms and Conditions and the rights granted herein do not transfer any rights over the Website.
No product or image shall be reproduced, duplicated, copied, sold, resold, visited, or exploited for any purpose, in whole or in part, without the prior written consent of Boon Tree, without prejudice to the exceptions expressly stated in the law.
The User understands and accepts that the Website may not always be available due to technical difficulties or Internet failures, or for any other outside reason. Boon Tree and the Vendors will not be responsible for such unavailability.
Boon Tree may add functions or functionalities, and improve, change, or modify the Website at any time at its sole discretion. The User’s continued use of the Website shall constitute acceptance of such improvement, change, or modification.
You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website. Specifically, you are prohibited from:
Though Boon Tree may edit, remove, or control the content displayed through the Website, you agree that Boon Tree will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
In addition to products offered by the Vendors, you understand that the Website may enable access to third-party products and services and may contain links to third party websites, applications, or services that Boon Tree does not own or control. You agree that Boon Tree will not be held responsible or liable for the content of third party products, services, websites, or applications and that Boon Tree’s inclusion of the same within its Website does not constitute Boon Tree’s approval of, endorsement of, recommendation of, or affiliation with any of those products, websites, applications, or services.
Use of third-party products or services may require your acceptance of additional terms and conditions. Further, the information you make available to third-party products and services is subject to the privacy policies of such third parties. You will use any third-party products and services at your own risk.
These Terms and Conditions will apply to you as soon as you click on the “ACCEPT” button, and they will remain in effect until your account is cancelled or unsubscribed. The Terms and Conditions and the use of the Website will end when your account is terminated or at the time that Boon Tree so determines, without any right to claim compensation in favour of the User.
Boon Tree may suspend or terminate your right to use or access the Website if you fail to comply with any terms of this Agreement. Upon termination, all rights granted to you under this Agreement will cease.
EXCEPT AS EXPRESSLY STATED ABOVE, THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, AND BOON TREE HEREBY DISCLAIMS, ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT BOON TREE DOES NOT MAKE ANY WARRANTIES REGARDING ANY VENDORS AND THEIR PRODUCTS
Further, Boon Tree, their affiliates, directors, managers, employees and subcontractors will not assume any responsibility or liability for: (a) any damage or loss derived from the misuse of the Website or the lack of availability, absence or temporary or definitive closing of it; (b) the quality of the products/services available in the Website; (c) compliance by each Vendor in the quality, quantity and delivery time of the orders made by the Users; (d) the price differences that may exist between what is published in the Website and what is actually billed to the Users by each Vendor; (e) the processing and services relating to the means of payment available in the Website; (f) any damage, loss or harm that could happen to the User, caused by failures in the system, on the server or on the internet; (g) the information published by the Vendors and Users in the Website, (h) unlawful acts or events attributable to or suffered by the Vendors and / or the service delivery person or a third party using the Vendor’s account; and (i) cases of force majeure or fortuitous event.
BOON TREE WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES.
The User agrees to hold harmless, indemnify, and defend Boon Tree, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or the provision to you of any services made through the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, county, national, or international, or your violation of the rights of a third party.
The User’s obligation to defend Boon Tree under the terms of this Agreement will not provide you with the right to control Boon Tree’s defence, and Boon Tree reserves the right to control their defence and choose their counsel regardless of your contractual requirement to indemnify Boon Tree.
Users accept and acknowledge that Boon Tree may modify these Terms and Conditions, at any time, and without the need for prior notice. Therefore, the updated version of the same shall be deemed known and accepted by Users on each occassion that they use the Website. The updated version of these Terms and Conditions will be available on the Website, and the modifications will be effective 24 (twenty-four) hours after publication. Such modifications will be communicated by Boon Tree to Users who have indicated that they wish to receive notifications regarding the modifications to the Terms and Conditions. Notwithstanding the foregoing, it is recommended that all Users review these Terms and Conditions each time they use the Website since the use of the Website implies their full acceptance and knowledge.
This Agreement will be interpreted, governed, construed, and enforced in accordance with the laws of the Republic of Kenya. The parties submit to and agree to the jurisdiction of the Kenyan courts.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Boon Tree may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
The Website is not aimed at persons under the age of eighteen (18) and Boon Tree will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Boon Tree inadvertently collects such personally identifiable information, Boon Tree will delete the personally identifiable information in accordance with its security protocols immediately after it becomes aware that the information is in respect of a minor.
Neither party will be in default for failing to perform any obligation, other than payment of monies, if the failure is caused solely by conditions beyond the parties’ respective control, including acts of God, civil commotion, strikes, terrorism, pandemics, illegal acts of third parties, power outages, or governmental demands or restrictions.
Boon Tree hereby incorporates its Privacy Policy into this Agreement. This Agreement and its incorporated Privacy Policy constitute the entire agreement between the parties with respect to the use of the Website, and their associated services. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Boon Tree.
Any notice required by this Agreement or any questions that Users may have in relation to this Agreement must be in writing and must be emailed to info@theboontree.com.
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