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TERMS & CONDITIONS

Last Updated: 03/07/26

ABOUT BOONIFY

Welcome to Boonify, an e-gifting and e-retail company that offers custom, personalizable cards and general gifting items, personalized with unique designs and messages, with a user-friendly platform that is easy to navigate and search for personalized gifting options. This Website/App is brought to you by Boonify Merchandise World Ltd ("Boonify", "we", "us", or "our").

THE AGREEMENT

These are the terms and conditions (hereinafter referred to as "Terms") governing the supply of products by us to you (whether as a guest or registered user), encompassing both goods and digital content accessible on the website www.boonifyworld.com (hereinafter referred to as the "Website") or any Boonify Merchandise World Ltd (Boonify) application that you may utilize (hereinafter referred to as the "App").

By accessing, using, or engaging with the Website/App, you hereby acknowledge and agree to be bound by these Terms in their entirety, without any modifications. In the event that you disagree with any provision of the Terms or our Privacy Policy, you acknowledge and agree that your only recourse is to cease using this Platform. Notwithstanding the foregoing, if you choose to continue browsing, accessing, or utilizing the Services in any manner, it shall be deemed as your unequivocal acceptance, without limitation or qualification, of both the Terms and our Privacy Policy for the Platform (referred to herein as the "Policy").

These Terms constitute a legally binding agreement. It is essential that you carefully review these Terms prior to placing an order with us. They outline our identity, the manner in which we will provide products to you, the processes through which both parties can make modifications or terminate the contract, guidance on handling potential issues, and other pertinent details of importance.

DEFINITIONS AND INTERPRETATION

In these Terms, a bold, capitalized word has a particular meaning. These relevant words can be found in brackets after their meaning. Any reference in these Terms and Conditions to “we”, “us” or “our” is a reference to Boonify. Any reference to “you” or “your” is a reference to any consumer and these references may be used interchangeably.

“Intellectual Property” “IP” means all patents, inventions, copyrights and any related rights, design rights, performer's rights, trademarks, business names and domain names, rights in get up, goodwill and right to sue for passing off, database rights, rights to use, and protect the confidentiality of and intellectual property rights in the foregoing, and all other intellectual property rights, whether registered or unregistered, including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim property from, such rights and all similar or equivalent rights or forms of protection which subsists or will subsist in the future, exercisable in any part of the world.

“Content” means all text, software, applications, graphics, audio, visual and/or audio-visual material (including but not limited to, music, sound, still visual images, photographs and video), data, database content, page layouts, design and other multi-media content, information and material, including the metadata relating to such content.

USER ACCOUNT

In order to utilize the Platform, it is necessary to complete the registration process and establish an account ("Account"). To be eligible for creating an Account and accessing our Platform or any of our Services, you must be at least 18 (eighteen) years of age. By utilizing our Platform or agreeing to these terms and conditions, you affirm and guarantee to us that you meet the minimum age requirement of 18 years.

During the Account setup, it will be mandatory for you to create login credentials by providing specific personal information ("Login Credentials").

By registering for the Services, you agree:

  • (a) to furnish authentic, accurate, current, and comprehensive information about yourself as prompted by the Platform's registration form ("Registration Data"); and
  • (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

You are responsible for maintaining the confidentiality of your Login Credentials and are solely responsible for all activities that occur using your Login Credentials. Under no circumstances should you permit a third party to utilize your Login Credentials.

Boonify reserves the right to terminate any username and password that Boonify reasonably determines may have been used by an unauthorized third party. You agree not to establish an Account using false identification or information nor on behalf of someone other than yourself.

Furthermore, you undertake not to establish an Account or employ the Services if you have previously been banned from the Platform, except in cases where explicit approval has been granted by Boonify. Such approval will be determined on a case-by-case basis.

USING BOONIFY

How to place an order

An order is successfully placed on the Website or App by pressing the checkout button and proceeding to make payment of the price of the product (which includes VAT), this will be the price indicated on the order pages when you placed your order. By confirming your order, you are agreeing to purchase the product you have selected, which shall be subject to these Terms.

You can pay for your products using a credit card, a debit card or any other payment method that we make available to you at the time of your order.

We will then send you an order confirmation email detailing your order and any other information we must provide to you.

How we process your order

Acceptance: Your order is accepted by Boonify upon receipt of an acceptance email and an order number is issued.

However, there may be circumstances in which we are unable to accept your order, because of something we discover after we send you an order confirmation email. If this is the case, we will inform you of this via email and will refund you for the product. We may be unable to accept your order because

  • (a) we have identified an error in the price or description of the product;
  • (b) it appears that the order mistakenly duplicates another order;
  • (c) the use of images for a Personalised Product are corrupted, unsupported technically or inadequately pixelated;
  • (d) your Personalised Product contravenes, or appears to contravene, our Content Rules;
  • (e) with products containing alcohol, we know or suspect that you are not 18 years of age. We may refuse an order or a delivery of alcoholic items at our discretion. By placing an order for alcohol, you confirm that you and the recipient of the order, if different, are both aged 18 years or over;
  • (f) there are unexpected limits on our resources that we could not reasonably plan for;
  • (g) a credit reference we have obtained for you does not meet our minimum requirements or we cannot obtain authorization for your payment;
  • (h) we suspect that the order has been placed fraudulently;
  • (i) we are unable to meet the delivery deadline you have specified;
  • (j) the product is out of stock;
  • (k) a promotional offer or discount code has been used outside of a valid promotion period or has expired; or
  • (l) your order otherwise breaches any of the requirements of these Terms.

How to change your order

As a courtesy, we may allow you to make changes to your order on your Boonify Account. If you cannot make changes to your Boonify Account, then you will need to contact our Customer Service Team by Email. Please have your order number or the email address you registered with us available so we can answer your query as quickly as possible.

We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

How we make changes

Minor changes

We may have to make minor changes to a product to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example, to address a security threat. Minor changes will not affect your use of the product.

Significant changes

There may be circumstances where we have to make significant changes to our products. If we do need to make such changes, we will notify you of this. You may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

Delivery

Boonify offers a variety of delivery options depending on the Product purchased, the delivery location, vendor availability, and the delivery service selected at checkout. Available delivery options may include same-day delivery, next-day delivery, standard delivery, scheduled delivery for a future date, digital delivery and such other delivery options as may be made available from time to time.

Estimated delivery dates and time slots displayed on the Platform are provided in good faith and are estimates only, unless expressly stated otherwise at the time of purchase. While Boonify will use reasonable efforts to ensure that Products are delivered within the selected delivery window, delivery times are not guaranteed and may be affected by factors outside our reasonable control, including traffic conditions, weather, vendor delays, courier disruptions, recipient availability, and force majeure events.

Where a Customer selects a scheduled delivery date, Boonify shall use reasonable efforts to arrange delivery on the requested date. However, Boonify does not guarantee delivery at any specific time on that date unless a time-specific delivery service has been expressly purchased and confirmed by Boonify.

Certain Products may be fulfilled and delivered directly by third-party vendors or service providers. In such cases, delivery timelines may be subject to the operational capabilities and policies of the relevant vendor.

Delivery charges, where applicable, will be displayed and communicated to you before you place your order.

It is your responsibility to ensure that all delivery information provided, including the recipient's name, address, telephone number, and any delivery instructions, is accurate and complete. Boonify shall not be responsible for any delay, failed delivery, additional delivery costs, or loss arising from inaccurate, incomplete, or incorrect delivery information provided by you.

Where delivery cannot be completed because the recipient is unavailable, refuses delivery, cannot be contacted, or the delivery information provided is inaccurate or incomplete, Boonify reserves the right to charge additional delivery fees for any re-delivery attempt or to cancel the order in accordance with these Terms.

Delivery costs

The price of most products on our Website and App does not include delivery costs. We will notify you of the delivery cost at the checkout stage before you place your order.

The price of most products on our Website and App does not include delivery costs. We will notify you of the delivery cost at the checkout stage before you place your order.

There may be occasions from time to time (for example, a promotion) where delivery costs are included in the price of our product. On these occasions, this information will be clearly stated on our Website or App.

We reserve the right to change the delivery costs at any time

Delivery of Multiple Products

When ordering multiple products as part of the same order, we will inform you, within a reasonable time period, as to whether we will (or can) deliver on the same day or as part of the same delivery. Please note that we cannot guarantee that multiple products within the same order will be delivered in the same package or at the same time

Force Majeure

If our supply of the products may be delayed by an event outside our control (such as acts of God, natural disasters, epidemics or pandemics, terrorist attacks, war or threat of war, riots, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any laws imposing an export or import restriction, quota or prohibition, or failing to grant necessary licence or consent, collapse of buildings, fire, explosion or accident, industrial action, interruption or failure of utility service) then we will contact you as soon as possible to let you know via email and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event. However, if there is a risk of substantial delay you may contact us to cancel your order and receive a refund for any products you have paid for but not received. Your statutory rights as a consumer are not affected.

Re-arranging Delivery

If no one is available at the recipient's address and after contacting the recipient, delivery fails. It will be your responsibility to re-arrange delivery or make arrangements for collection with the carrier. Instructions on how to do so shall be left at the time of attempted delivery.

Required additional information

We may need certain information from you to ensure delivery of the products such as address. We will contact you to ask for this information. If you do not give us this information within a reasonable time of our asking for it, or if you give us incomplete or incorrect information, we may end the contract (the Termination Clause in the Terms shall apply). We will not be responsible for supplying the products late or not supplying any part of them, if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

THE PRODUCTS

The Products we sell through our Website and the App are manufactured and shipped from various in-house and third-party production facilities based in Nigeria.

All goods, excluding Boonify cards, are manufactured independently by a third party. Boonify acts as a reseller of these goods.

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your device's display of the colors accurately reflects the color of the products. Your product may vary slightly from those images.

The Packaging

The packaging of the product may vary from that shown in images on our website.

Personalised Products

If the product includes personalised content selected by you, it is a personalised product (Personalised Product). If it is a standard product that does not include any content selected by you, it is a non-personalized product (Non-Personalised Product).

It is up to you to ensure the content you have contributed for inclusion in a Personalised Product is correct (for example, the content is correctly spelled).

Please double-check your order on screen and your acknowledgment email carefully to check that all the details are correct. It is your responsibility to ensure that your recipient's name and address are correct.

If you upload, submit, transmit or otherwise provide any photograph, image, video, audio file, message, design, artwork or other content for use in a Personalised Product, you represent and warrant that:

  • (a) you own or have obtained all rights, licences, permissions and consents necessary to use such content and to authorise Boonify to reproduce and use it for the purposes of fulfilling your order;
  • (b) the content does not infringe the intellectual property, privacy, publicity or other rights of any third party;
  • (c) the content complies with these Terms and all applicable laws; and
  • (d) all persons identifiable in the content, where required, have consented to its use.

Boonify reserves the right, at its sole discretion and without liability, to reject, remove, modify, suspend processing of, or refuse any order containing content that it considers inappropriate, unlawful, technically unsuitable or otherwise in breach of these Terms.

Where you upload photographs or other digital content, you are responsible for ensuring that such content meets Boonify's applicable technical, quality and formatting requirements. Details of the recommended file formats, image specifications and upload requirements are available in our FAQ and upload guidelines. Boonify does not guarantee the quality, appearance, accuracy or suitability of any Personalised Product where the uploaded content is of insufficient quality, resolution, format or otherwise fails to meet the recommended requirements.

By uploading or including any content or material (including but not limited to photographs, graphics, text and other material) (Customer IP) in a Personalised Product, you grant us a non-exclusive, royalty-free, irrevocable license (including the right to grant sub-licenses through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing our obligations under these Terms and exercising any rights you may grant to us. Please note that we may modify content or material in order to conform it to Boonify or the requirements of the product you have ordered (such as by cropping images).

Personalised Product Rules

You should not use or include any content or material on any Personalised Products which:

  1. infringes anyone's Intellectual Property. In particular, you must ensure that you either own the IP in the Customer IP that you wish to include in a Personalised Product or that you have permission from the IP owner to include that Customer IP in the Personalised Product;
  2. contravenes any applicable law (including, without limitation, any criminal law) or regulation;
  3. is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
  4. is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
  5. misrepresents identity or impersonates any person;
  6. includes personal data about another person, such as their address, phone number, or email address, except with the written approval of that person;
  7. is pornographic, obscene, indecent or offensive, has sexual connotations, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
  8. may harass, upset, embarrass or alarm any person;
  9. gives the impression that it originates from or has been approved by us, our partners and licensors, whether by reference to our/their name or otherwise;
  10. may violate the integrity and reputation of our name, and the names of our partners and licensors;
  11. advocates, promotes or assists any unlawful act;
  12. includes or makes reference to illegal drugs; or
  13. makes reference to politicians' names and/or political statements.

MYSTERY MODE (ANONYMOUS E-CARDS)

Boonify may from time to time make available a feature that permits users to send electronic cards, messages, gifts or other content anonymously to recipients (“Mystery Mode”).

Where Mystery Mode is used:

  • (a) anonymity applies only to the recipient and not to Boonify. The sender's identity, account information, transaction details, device information, IP address and related records may be collected, stored and retained by Boonify for security, compliance and fraud-prevention purposes;
  • (b) users shall not use Mystery Mode to harass, threaten, intimidate, defame, impersonate, bully, stalk, exploit, embarrass, abuse or otherwise harm any person;
  • (c) Boonify reserves the right to investigate any complaint relating to a Mystery Mode communication and may remove content, suspend access to the feature, suspend or terminate user accounts, cancel transactions and take any other action reasonably necessary to protect users and the integrity of the Platform;
  • (d) where required by applicable law, a valid court order, law enforcement request, regulatory directive or a credible report of unlawful conduct, harassment, abuse, fraud, threats to safety or similar misconduct, Boonify may disclose the identity of a sender and any related information to competent authorities or affected parties as permitted by law;
  • (e) recipients may report anonymous messages through Boonify's customer support channels. Boonify reserves the right to review reported communications and take appropriate enforcement action, including restricting access to Mystery Mode and suspending user accounts;
  • (f) Mystery Mode shall not be used by or directed at persons under eighteen (18) years of age. Boonify reserves the right to implement age-verification, content moderation and other safety measures and may restrict or disable access to the feature where necessary.

Boonify does not guarantee the anonymity of any sender in circumstances involving unlawful conduct, abuse, fraud, threats to safety or any other activity prohibited under these Terms or applicable law.

The Customer Intellectual Property

The rights and ownership to the Customer IP will remain yours, or the person who gave you permission to use the Customer IP.

If you use third-party copyright in any Personalised Product, it is your responsibility to ensure that you seek permission from the copyright owner.

We will not accept any liability whatsoever if any Customer IP infringes on third-party copyright. You agree to indemnify, defend and hold us harmless against any third-party claim of infringement for the use of such third party's intellectual property on the Personalised Product. You will be held responsible for any fees and third-party damages we may have to pay to a third party because of such infringement and you will be liable to reimburse these payments to us in full.

Offers, discounts and vouchers

To see our Terms and Conditions for offers, vouchers and promotions, click https://www.boonifyworld.com/. Please note that promotional offers, discount codes and vouchers can only be applied to our specified products. They cannot be used for discounts on postage or delivery charges unless otherwise specified.

Promotional offers and discount codes must be used within the valid offer time, but we reserve the right to dispatch products outside of this period.

Boonify reserves the right to cancel, change, or extend offers at any given time, without notice. Promotions cannot be backdated or applied retrospectively to orders already placed.

ENDING YOUR ORDER CONTRACT WITH US

If you are ending a contract for a reason set out below, the contract will end immediately, and we will refund you in full for any products that have not been provided. The reasons are:

  • (a) We have told you about an upcoming change to the product or these Terms which you do not agree to;
  • (b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
  • (c) there is a risk that the supply of the products may be significantly delayed because of events outside our control; or
  • (d) we have suspended supply of the products for technical reasons, or notify you that we are going to suspend them for technical reasons, in each case for a period of more than 48 hours.

REPORT A PROBLEM

If you have questions or are unhappy with your order, please contact our Customer Service Team via the provided contact details. You will need to quote your order number, the email address you have registered and the details of the problem with the order.

We aim to acknowledge any complaint within twenty-four (24) hours and will do our best to resolve it within twenty-four (24) hours. We may ask you to take a photograph of the product to help us communicate with our suppliers and to correct any future problems. Should it be necessary, we will then advise you on how to return your item.

If you receive a product from us in error, you must inform our Customer Service Team immediately. Our Customer Service Team will then provide you with instructions on how to return or securely destroy the product.

PROCEDURE FOR RETURN OR REFUND

To see our Refund and Return Policy, click https://www.boonifyworld.com/return.

OUR RIGHTS TO TERMINATE YOUR ORDER

We may end the order contract for a product at any time by writing to you where you do not, within a reasonable time, allow us to deliver the products to you or the recipient or collect them from us/your local depot.

Where we terminate an order under this clause, we will refund any amounts paid for Products not supplied, less any reasonable costs, expenses, delivery charges, storage fees, return charges or other losses incurred by us as a result of the failed delivery or collection. Any refund shall be processed in accordance with our Refund Policy, which forms part of these Terms and is available on the Platform.

BOONIFY'S INTELLECTUAL PROPERTY

Unless otherwise stated, all Content and IP in relation to our Website and/or App is wholly owned by Boonify or its licensors.

"Boonify" is our registered trademark, and you agree not to display or use it in any manner without our prior written consent.

"Boonify" is our registered trademark, and you agree not to display or use it in any manner without our prior written consent.

You may use and access our Website and/or App to the extent and purpose required for ordering any products and/or services made available by Boonify in accordance with these Terms.

You are not allowed to:

  • a) remove any notices relating to IP contained in any Content, material and/or products taken from our Website, App or otherwise;
  • b) whether for a commercial purpose or otherwise, copy, distribute, show in public and/or create any derivative work from, any material, Content or IP owned by Boonify without the prior express written permission and licensing by us to do so; and
  • c) use Boonify, including but not limited to, its Website, Content, IP, products and/or services for any commercial purpose other than in accordance with these Terms.

Any rights not granted in these Terms are reserved for our own benefit.

If you believe that any content on the Platform infringes upon your intellectual property or privacy rights, please contact us through the contact details below.

OUR WEBSITE/APP

We will always try to ensure that our Website and App are available 24 hours a day. However, we will not be liable if for any reason the Website or App is unavailable at any time, or for any period.

Please note that we run price tests on our Website. This is a randomized process by Boonify servers when a customer visits our Website. This means that if you are randomly selected, you may have a slightly different browsing experience from other users.

Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of these websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third-party websites, you do so at your own risk.

Boonify REMINDERS

You can set up reminders for your upcoming events (Reminder) on your Boonify Account or during the checkout process and you may benefit from discounts from time to time.

The Reminder must be set at least two (2) weeks before the date of your event (Event Date). Before your Event Date, we will send you a push/email notification to remind you of the Event Date.

Each Reminder is considered to be a marketing activity. By setting up Reminders, you are giving Boonify permission to email or notify you about the Event Date, even if you have opted out of other marketing activities (for instance, newsletters). To stop getting Reminders, you need to delete the Reminders that you have set up from your Boonify Account.

LEISURE PACKAGES

Boonify may offer leisure, hospitality, wellness, entertainment and experience-based packages supplied by independent third-party vendors (“Leisure Packages”).

Each Leisure Package is subject to the terms, conditions, availability, booking requirements, redemption rules and operational policies of the applicable vendor.

Unless expressly stated otherwise, Boonify acts solely as a marketplace and facilitator in relation to Leisure Packages and the relevant vendor is responsible for providing, honouring and delivering the underlying service.

Leisure Packages:

  • (a) must be redeemed within the validity period stated at the time of purchase;
  • (b) may require advance booking with the vendor;
  • (c) are subject to availability and blackout periods imposed by the vendor;
  • (d) may not be exchanged for cash.

Where a vendor refuses or fails to honour a valid Leisure Package, Boonify may assist in resolving the matter but shall not be liable for the acts, omissions, quality, availability or performance of services provided by the vendor. Any refund or replacement shall be subject to the vendor's applicable policies and any consumer rights available under law.

BOONIFY GIFT VOUCHERS

Boonify may issue promotional, prepaid or stored-value vouchers redeemable exclusively on the Platform (“Boonify Gift Vouchers”).

Unless otherwise stated:

  • (a) Boonify Gift Vouchers are redeemable only for eligible products and services available through the Platform;
  • (b) Boonify Gift Vouchers are not redeemable for cash;
  • (c) Boonify Gift Vouchers are non-transferable and may not be resold;
  • (d) Boonify Gift Vouchers may not be used to purchase other vouchers unless expressly permitted;
  • (e) Boonify Gift Vouchers shall expire on the date specified at the time of issue and any unused balance after expiry may be forfeited to the extent permitted by applicable law;
  • (f) lost, stolen, damaged or unauthorized use of a voucher may not be recoverable.

Boonify reserves the right to suspend, cancel or refuse redemption of any voucher where fraud, abuse, unlawful activity or a breach of these Terms is suspected.

CUSTOMER REVIEWS

By submitting a review on our Website, App, or any other third-party websites, you confirm and agree that you are the sole author of the review, your review is accurate and that you are at least 18 years old.

For any review that you submit, you grant Boonify a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate and create derivative works from that review in any medium or technology throughout the world.

You must agree that you will not submit a review that:

  • (a) you know to be false, inaccurate or misleading;
  • (b) is confidential or personal information of a third party;
  • (c) breaches any applicable law, or that advocate, promotes, or assists any unlawful act;
  • (d) infringes anyone's intellectual property rights;
  • (e) is or can be regarded as offensive, abusive, threatening, or defamatory;
  • (f) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
  • (g) references any other website or service;
  • (h) misrepresents the identity or impersonates any person;
  • (i) pornographic, obscene or indecent;
  • (j) may harass, upset, embarrass or alarm any person; or
  • (j) may harass, upset, embarrass or alarm any person; or
  • (k) comments on any other reviewer.
  • (k) comments on any other reviewer.

We reserve the right to decline the publication of reviews or to remove reviews at our discretion. By submitting your email address in connection with your rating and review, you agree that Boonify may use your email address to contact you about your review. We will not pass your details on to any third parties without your consent. Boonify accepts no liability for your personal information in relation to reviews you leave on third-party websites.

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Policy and Cookie Policy, which are subject to change from time to time:

Privacy Policy https://www.boonifyworld.com/privacy-notice

Cookie Policy https://www.boonifyworld.com/cookies/

DISCLAIMER

Boonify and its service providers, licensors and suppliers make no representations about the suitability, reliability, availability, timeliness, security or accuracy of the Platform or the Content for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, service, and related graphics are provided "as is" without warranty or condition of any kind.

Boonify and its service providers, licensors and suppliers hereby disclaim all warranties and conditions of any kind with regard to the Platform and the Content, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

No statement or information, whether oral or written, obtained from Boonify in any means or fashion will create any warranty not expressly and explicitly outlined in this terms.

The disclaimers, exclusions and limitations contained in these Terms shall apply to the fullest extent permitted by applicable law.

INDEMNIFICATION AND LIMITATION OF LIABILITY

Except to the extent prohibited by any Applicable Law, you agree to defend, indemnify, and hold Boonify, its subsidiaries, affiliated companies, licensors, employees, agents, and any third-party information providers, harmless, including costs and legal fees, from any claim or demand made by any third party due to or arising out of:

  • a) your use, misuse, or inability to use the Platform or the Content,
  • b) your violation of these Terms, or
  • c) your violation of Applicable Laws.

To the extent not prohibited by law, in no event shall Boonify be liable for any direct, indirect, incidental, special, punitive, exemplary, indirect, consequential or other types of damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Platform; any information available on the Platform; however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Boonify has been advised of the possibility of such damages.

In no event shall Boonify's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount paid by you for using the Platform. The foregoing limitations will apply even if the stated remedy fails its essential purpose.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.

In the event of any dispute, controversy or claim arising out of or relating to these Terms, the parties shall first attempt to resolve the dispute amicably through good-faith negotiations within thirty (30) days of written notice of the dispute.

Where the dispute is not resolved through negotiations, either party may refer the matter to mediation at the Lagos Multi-Door Courthouse in accordance with its applicable mediation rules.

Where the dispute is not resolved through negotiations, either party may refer the matter to mediation at the Lagos Multi-Door Courthouse in accordance with its applicable mediation rules.

Where the dispute is not resolved through mediation within thirty (30) days of commencement of mediation, either party may refer the dispute to arbitration in Lagos, Nigeria, in accordance with the Arbitration and Mediation Act 2023.

The arbitral tribunal shall consist of one (1) arbitrator appointed by agreement of the parties or, failing agreement, appointed in accordance with the Arbitration and Mediation Act 2023.

The language of the arbitration shall be English and the arbitral award shall be final and binding upon the parties.

Nothing in these Terms shall prevent a user from seeking urgent interim relief from a competent court in appropriate circumstances.

MISCELLANEOUS

Your Boonify Account

Please note that we do not perform verification checks when you create a Boonify Account, and it is therefore important that you provide your real name and a valid email address when signing up. This is to ensure compliance with these Terms and so that our Customer Service Team can perform identity verification if you ever contact us about your order. A valid email address is also required to receive any other communications mentioned in these Terms. We will not be responsible for being unable to verify your identity or not being able to assist with your queries if you have used a fake name or email address.

Suspension

If you are found to be in breach of these Terms, we reserve the right to suspend your Boonify Account, your order and all access to Boonify's Website and App.

In addition, we are entitled to suspend the provision of all or part of our services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.

Change of Terms

These Terms may change from time to time and when they do, we will post the new version of the Terms on the Website and the App and flag it appropriately.

Entire Agreement

Unless otherwise agreed in writing between you and Boonify, these Terms constitute the sole agreement between you and Boonify for your use and the provision of the Platform/Services and the subject matter hereof, and unless other agreed or incorporated herein, no representations, statements or inducements, oral or written, not contained in these Terms shall bind either you or Boonify.

Severance

If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms.

Waiver

Failure to insist on the performance of any of the terms will not operate as a waiver of any subsequent default. No waiver by Boonify of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. Any waiver of any right or obligation under this Term shall only be valid if it is in writing and signed by the Party waiving such right.

Assignment

You shall not assign, transfer or novate your rights or obligations hereunder, in whole or in part, without the prior written consent of Boonify.

Bindingness

These Terms shall be binding upon and inure to the benefit of each of the parties and the parties' respective successors and permitted assigns. A printed version of these Terms and of any related notice given in electronic form shall be valid and admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How to Contact Us

In the case of any complaints or notice of dispute or any other notification, please contact us at:

Instagram: Boonifyworld

Twitter: @Boonify

Facebook: @Boonify

Emails: info@boonifyworld.com | support@boonifyworld.com | marketing@boonifyworld.com | sales@boonifyworld.com

Address: 16, Oba Yekini Elegushi, Lekki, Lagos

How we may contact you

If we have to contact you, we will do so by telephone or via the email address you provided.