Terms & Conditions

Terms of use and general terms and conditions

Last update: October 2021

Terms of Service

The general terms and conditions apply to all uses of the Boum platform and Tech Based Ltd. website as well as those legal relationships that arise in connection with the use of the platform and the website.

Terms of Use

The app is provided by Boum AG. (“Platform”, “Boum”, “We” or “Us”) based in operated in Switzerland. The terms of use constitute a legal binding agreement between the user (“user”, “user”, “you”) and Boum AG. shows which regulates your use of the Boum platform. Please take your time Read Terms of Use carefully. If you disagree with them Please do not register, access or use our services.

1. Your relationship with us

Welcome to Boum. By using our platform, the user agrees to the following Terms of use too.

1.1 Description of our services

Boum is an online platform that creates a marketplace by creating and sharing Offers short videos. Natural and legal persons and partnerships can be used as Users in sales offers ("offer"), goods, services of any kind ("article") and Offer services (in this capacity “seller”) and acquire (in this Property «buyer»). Other content can also be published, provided that their Publication, offer or acquisition not against the applicable legal system or the Violates Boum Terms of Use. Our services enable the creation, Publishing and passing on ("sharing") short videos and viewing videos, which were created by other users. It also allows you to interact with others Users. Boum itself does not offer any articles and is not a contractual partner of contracts concluded exclusively between the users of this platform.

Regarding creating and sharing videos:

  • You can record videos or import them into our services.

  • It is your responsibility to describe the products correctly and completely and in set the appropriate category. It must have all the essential properties, characteristics and if applicable, errors are truthfully stated as well as about the payment and Terms of delivery are fully informed.

  • The description of the product and the short video used for it may only be relate to the offered product, service or performance of any kind. advertisement for Offers not offered by Boum are not permitted.

  • Other users cannot include or use content from your video in their videos.

  • You can publish videos within our platform so that other users can share your Watch videos. The videos are available within the app and on the website.

  • You can share your videos or videos from other Boum users through various social media Third party media platforms (e.g. Instagram, Facebook, Tiktok, YouTube, Twitter) and Share messages with others in accordance with their respective terms of use.

  • You can add a profile picture to your public user profile.

Regarding watching videos:

  • Videos from other users of our services can be viewed by you.

  • Our service provides you with various pages: Under "Popular" are from list popular videos to other users. You can find the latest on the “New” page Videos from other users and the "Ending soon" page shows offers from other users, that end soon. Further information on the design of the pages can be found in our privacy policy.

  • You can search for sellers by clicking on «Discover» on our interactive map find the offers displayed in your area.

  • Our service offers other ways to find content, namely by means of a Search filter.

  • Boum reserves the right to provide additional pages or existing pages to change and edit.

Concerning the interaction with other users:

  • You can interact with other users.

  • Comments: You can leave publicly viewable comments on the videos.

  • Likes: You can "like" videos.

  • Messages: You can connect and communicate with sellers.

  • Evaluation: Users can mutually and publicly after the conclusion of a purchase contract Rate accessible on a scale of 1-5. The ratings are not from Boum verified and may be inaccurate and misleading. Users are obliged to use the To submit reviews only truthfully.

Boum makes its customer service available to every user free of charge at info@boum.garden and is open to submitting complaints and other inquiries. There is also a direct reporting option in the App if users violate these Boum Terms of Use or statutory regulations violated. Boum's customer service checks and documents every contact carefully, take the necessary measures and inform the user of the result the complaints procedure.

Boum provides its users with an offer format and function by means of our Services to initiate contracts. The offer of a product, a service or a service of any kind in a fixed price format with a predetermined deadline, within who the offer can be accepted (offer duration).

The seller is entitled to withdraw his offer at any time until the offer is received Is accepted. If the offer from a seller is submitted by Boum deleted, no effective contract is concluded between buyer and seller. The buyer is obliged to the goods, service or performance of any kind directly with the previously transfer certain payment method to the seller. Sellers need to be able to do that offered goods, services or performances of any kind immediately after To transfer the contract or to dispose of them in accordance with the agreement with the buyer put.

1.2 Use of our services

The following points must be taken into account when using our platform:

  • You have to be at least 13 years old to use the platform, whereby you up to 16 years old you have to obtain the consent of your parents or legal guardian, so that you can enter into a legally binding contract with us for the use of our platform can complete.

  • Our services only tolerate lawful and respectful treatment by users. We do not tolerate when other users are intimidated or harassed or clearly sexual violence or discrimination based on race, gender, religion, nationality, Disability, sexual orientation or age.

  • We reserve the right to refuse our services to any user for no reason and at any time.

  • We reserve the right, within our principles and taking into account the legitimate interests of Boum to change the order on our marketplace, provided this is reasonable for the users.

  • A right of users to use our services exists only in the context of the current one State of the art.

  • If there is any capacity constraint, the security or integrity of the server or to carry out technical measures is necessary, and it is the proper or Boum can provide its services to improve the provision of services (maintenance work) temporarily restrict. The legitimate interests of the users are taken care of by us for example, a corresponding advance notice is taken into account. The limitation of liability von Boum (see § 7) remains unaffected by the above regulation.

  • Offers that end during maintenance work will not be renewed despite bidding or Buying during this time is not possible.

  • The above rule regarding maintenance work does not apply to the situation of one unforeseen system failure that hinders the use of the Boum services. The users are also informed in a suitable form. The following applies to the offer extension as long as the offers cannot be accessed until the end of the offer has been redefined has been. The process can take a few hours.

  • You are not permitted to copy, change, adapt, or copy our services translate, reverse engineer, disassemble, decompile, or derived To create works from it, whereby this prohibition also includes all files, tables or Documentation (or parts of it) recorded, or the source code, algorithms, methods or Determine techniques embedded in, or attempting to, or embedded in the platform to create derivative works from it. The exception to this is the case that we do so in advance have expressly given our consent to this.

  • You are not permitted to use our services or any works derived from them in whole or in part distribute, license, transfer, or sell.

  • You are not permitted to market, rent, or lease our services for a fee lease. The exception to this is an express consent on our part, with ours Promote platform advertising.

  • You are not permitted to disrupt the proper functioning of our services or to do so try to disrupt the Platform or our website or take measures to circumvent the we may be able to prevent or restrict access to the services deploy.

  • You are not permitted to use our platform in whole or in part in another program or to integrate another product. In such a case we reserve the right deny our services, terminate accounts or access the services after to limit our discretion.

  • You may not use another user's Boum account without proper authorization try to do so or create a false identity within our services.

  • You may not use our services in a way that is one for you or for us Creates a conflict of interest or otherwise undermines the purposes of our services.

  • Our services may not be used to intentionally, grossly negligent or negligent Upload, transmit, distribute, store or otherwise to make available:

    • Materials that violate applicable law or that infringe the rights of others violate;

    • Computer viruses, trojans, or other materials that are technologically harmful;

    • Infringing materials, trademarks, or other things that constitute intellectual property injure or could injure another person;

    • The privacy or personal rights of others, including those who have died injurious materials;

    • Defamatory, obscene, abusive, pornographic, hateful or other people seditious materials;

    • Instructions for criminal offenses, dangerous activities, or self-harm performing, promoting or providing materials;

    • Materials that provoke or annoy other users, such as bullying or those intended to harass, harm, injure, frighten or harass Materials;

    • Threats of any kind;

    • Materials that are racist or discriminatory in any way;

    • Offensive materials or materials that other people may use our services restrict or hinder or the Boum, our services or our users Could expose you to damage or liability of any kind.

2. Agreement to the Terms of Use
  • The use of the Boum services, both as a seller and as a buyer, sets the Registration as a user in advance. Registration takes place by opening a Boum profile by agreeing to these terms of use and taking note of the Boum privacy policy Comes with the registration a contract for the use of the Boum services is concluded between Boum and the user, however, there is no corresponding claim.

  • Only natural persons with unlimited legal capacity, legal entities, are allowed to register Persons and partnerships. Minors in particular are not allowed to stand up for the Register to use Boum.

  • Legal persons or partnerships may only be used by one authorized natural person who are named got to. Natural persons can only register individually (i.e. no married couples or Familys).

  • The data requested by Boum must be provided completely and correctly.

  • Users are required to keep their password secret and to secure it carefully access to their Boum account. Users are also obliged to Inform Boum immediately if there is any evidence to suggest that a Boum account is misused by third parties.

  • A Boum account cannot be transferred.

  • We reserve the right to cancel accounts of incomplete registrations to be deleted after a reasonable period of time. The same goes for accounts that last for a long time Period are unused. The user will be informed about the deletion of such an account in good time informed and there will be no deletion if the account is subsequently used again.

A copy of our current one is always available on our platform and on our website Terms of use available. The date of the last update is on it evident. You should print out a copy of the Terms of Use just to be on the safe side or save locally.

We reserve the right to access our services at any time and without notice temporarily or permanently remove content if, in our discretion, violates this Violate or violate the terms of use, the rights of third parties or applicable laws could or are otherwise harmful to our services, our users or third parties. After a user has been permanently removed, there is no entitlement to the restoration of the blocked or removed Boum accounts.

3. Changes to Terms of Use and Services

We reserve the right to use our platform's services at any time, for no reason and without Change or terminate advance notice. Changes to the Terms of use, about which we will inform you in advance. If this essential We will inform you about changes via email and / or within the app to inform. What constitutes a material change is at our discretion.

4. Your account

In order to be able to use our platform and to access it, you must have an account with us create. For this we need your truthful and up-to-date information. You're welcome maintain and update your data and all other information that you provide to us, immediately in the event of changes, so that they are always up-to-date and complete. Yours is not Permitted to pretend to be a different natural or legal person or to be wrong To provide information about yourself or your relationship with another person. This also includes creating the impression that content you upload, publish, transmit, disseminate or otherwise make available, originate from our services.

5. Termination of your user account

You can cancel your account with Boum at any time. Boum reserves the right to revoke your To block or to block the user account temporarily or permanently without prior notice cancel. This applies to blocking or termination with or without a reason, although possible Reasons can include:

  • We come to the conclusion that you violate the Terms of Use or the applicable Violates the law or that such a violation is imminent;

  • To a corresponding request from law enforcement agencies or other state authorities To comply with authorities;

  • In the event of unexpected technical or security problems;

  • Your account has had no activity for a long time.

If your user account is permanently blocked or canceled, subject to any You legal rights your username, password and related rights Information and content associated with the account are also blocked or canceled. We cannot guarantee the permanent availability of your content. Therefore we recommend you Make backup copies of all content. After your user account has been terminated or permanently has been blocked, there is no entitlement to restoration of the blocked Boum account or of the application profile.

6. Intellectual property and copyright

We respect the intellectual property rights of others and we expect the same of them You are only allowed to access and use our services if you agree to while not violating the intellectual property rights of others. For example, you can Do not upload unauthorized content to our services that is the property of another person are.

Boum content
  • The following applies between you and Circeld: All content, software, audio files, videos, texts, Graphics, illustrations, logos, patents, brands, service marks, copyrights, Photos and the appearance of the services, the platform, the website and the app as well all related intellectual property rights (the "Boum Content") are either in the Owned or licensed to Boum. It is assumed that You or your licensors own the User Content (as defined below) that You upload or transmit via our services. Your use of the Boum content or other materials made available as part of our services, may only be used for the purposes defined in the Boum Terms of Use be used. Any other use is strictly prohibited. To our content and Download, copy, reproduce, distribute, transmit, transmit, materials, You need to be able to send, display, sell, license or otherwise use our prior express written consent or that of our licensors. The The purpose of the recovery is irrelevant. Unless expressly granted, keep Boum and our licensors give us unlimited rights to the content and Materials from or in connection with the services, our platform, the App and the Boum content are created.

  • Through your use of our services we can generate income and thus the company value increase or otherwise increase our worth. You stand, provided that neither in these Terms of use or another agreement between you and Boum expressly is regulated, no share in the income, the goodwill and our value. Under Reservation of a different agreement or deviating regulations of these The following conditions of use apply:

    • You are not entitled to the income or any other remuneration from the User content, just as little from your use of videos, sound recordings or other Media that are made available to you within our services or through them. This also includes the content you have created.

    • You are prohibited from exercising user content within our Services or the services of third parties (e.g. YouTube, Instagram, Facebook, TikTok etc.) or to obtain any kind of consideration for it. This includes editing or changing any kind of user content and also the Use of Boum elements as part of our services.

  • You are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access our services and to use the services granted. This license includes downloading the platform on a permitted device and access to the Boum content by your Use of the services, but only in accordance with these terms of use. All rights in the Services and the Boum reserves the absolute and unrestricted right to Boum content. The in view License granted to the Services ends upon termination of your account or this Terms of use automatically.

  • WITH RESPECT TO SOUND RECORDINGS (AND THE MUSICAL WORKS CONTAINED THEREIN) THAT INCLUDE THE SERVICES, OR THROUGH THE SERVICES, ARE AVAILABLE TO YOU IN ACCORDANCE WITH THESE TERMS OF USE NO RIGHTS ARE GRANTED.

  • The content provided by others within the services is provided by you on your own Considered danger. The contents of our services are for general use only Information. They are not intended to be advice that you can rely on. Before you If you take or fail to take action based on the content of our services, you must seek professional or expert advice.

  • Boum makes no representations or warranties, either express or otherwise tacitly, to the effect that Boum content (including user content) are correct, complete, truthful or up-to-date, and therefore do not assume any Guarantee. Where our services or user content links to others, from third parties The websites and resources provided are provided exclusively for you Provided for your information. Neither do we know this content, which on or about these sources are available, nor do we have control over them. You hereby agree and acknowledge that we are not liable for any such content. There is none Approval of the linked sources or their content by using these links. Boum does not make any obligation published by you or other users on the platform Review content (including user content) before or after publication monitor or edit.

Content created by our users
  • The users of the services can be allowed to upload content via the services publish or broadcast (e.g. via a stream) or otherwise available to deliver. This includes in particular videos, sound recordings and the musical works contained therein (including videos saved locally Include sound recordings from your personal music library and ambient noise) and Texts that are uploaded to the services or otherwise made available through them ("User Content"). You acknowledge and agree that users of the Services may upload or User content made available by you through the Services in any other way, or can partially extract to create new user content.

  • The information and materials in the user content have not been checked or checked by us approved or revised. Our views or values are not reflected in the Views expressed by other users of the Services (including a Manifestation through the use of virtual gifts).

  • If you want to access or use functions that you uploaded or the Transmission of user content through the services or contact with others To allow users of the services, you must follow the steps described in section 1.2 above Keeping standards. This also applies when uploading or transmitting via certain Third party social media platforms such as Instagram, Facebook, Tiktok or Twitter. Further You may choose to share your user content on websites or platforms upload or transmit that are hosted by third parties. In this case you have to not only comply with the regulations of these providers with regard to content, but also the standards described in this Section 6. You warrant that such contributions will support them Conform to standards. You are liable to us for all violations of this assurance and are obliged to hold us harmless in this regard. That means you are for everyone Loss or damage we are responsible for as a result of your breach of this Suffer assurance.

  • All user content is considered non-confidential. You are not allowed to use user content publish or transmit to us on the services or via the services that you as considered confidential or owned by someone else. If you have user content Submit via the services, you agree and you declare that you are the owner of this User Content or that you have all required consents (including all necessary licenses) or approvals from the owner or from him have been authorized to upload this user content to the services, they are uploaded from the services to transmit the platforms of third parties and / or this user content within the services or otherwise use the Services.

  • Unless otherwise expressly regulated in these Terms of Use, the Copyrights and other intellectual property rights in the user content sent to us further to you or the authorized person of the user content. By submitting the However, you grant user content via the services the following rights:

    • Us and our affiliated companies or representatives, service providers, partners and other affiliated third parties an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable (including sub-licensing), perpetual, worldwide license to use, change, adapt, reproduce, Creation of derivative works, publication and / or transmission and / or Dissemination of your user content, as well as to authorize other users of the services and Third parties to view this user content, to access it, to use it, download, modify, adapt, reproduce, derivative works therefrom create, publish and / or transmit them, in each case in all Formats and on all platforms, whether already known or developed later;

    • Other users of the services an unconditional, irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, adapt, Reproduction, creation of derivative works, downloadable, for Publication and / or transmission and / or dissemination of all or part Grant your user content, in all formats and on all platforms, whether already known or later developed for the purpose of creating User content or the viewing of your user content for the purpose of use according to these terms of use or other purposes.

  • You also grant us and our affiliated companies, representatives, service providers, Partners and other affiliated third parties a royalty-free license to use your Username, your picture, your voice and your likeness to you as the source of your Identify user content.

  • For the avoidance of doubt, the following should be clarified: Those in the preceding paragraphs Rights granted to this section include in particular the rights to reproduce Video recordings (as well as for the creation of mechanical reproductions of the in such Video recordings) as well as for public performance and communication of these video recordings (and the sound recordings contained in such videos) of the To the public, in each case on a fee-free basis. This means that you are us grant the right to use your user content without paying license fees To be obliged to you or a third party.

Waiver of the rights to user content

By posting User Content within the Services or through the Services You waive all rights to check and to review marketing or advertising materials in advance Approve related to this user content. You continue to do without (so far legally permissible) in connection with your user content or parts thereof to all Rights to privacy, personal rights or other rights of a similar nature. You hereby waive (to the extent permitted by law) all moral rights, that you may be entitled to in or in relation to the User Content that you provide through the Services upload or otherwise make available. You commit, never this Assert moral rights or support, bring, or support lawsuits that relate to these moral rights. You acknowledge and vote admitted that under certain circumstances we also have the right to reveal your identity to third parties to those who claim that you have posted on our services or User content uploaded there affects their intellectual property rights or their right to privacy violate. Like authorized third parties, we reserve the right to post your content cut, shorten, edit or refuse to cut, shorten, edit, or refuse at our or their discretion. We have the right to remove, prohibit or block your contributions on our platform or to delete them if, in our opinion, the contributions do not comply with section 1.2 above (“Use of our services ”). In addition, we have the right - without to be obliged to - to remove, to prohibit, at our discretion, user content, to block or delete,

  • which we believe violate these Terms of Use, or

  • when we use it to respond to complaints from other users or third parties.

We are not obliged to give you advance notice and we are liable to you to that extent not compared to either. We therefore recommend that you keep copies of all user content that you publish within the services, save on your private devices. Only on this In this way, your permanent access to it is guaranteed. We do not guarantee in Regarding the correctness, integrity, appropriateness or quality of user content and us also assume no liability for user content.

With respect to those submitted by users of the Services and by or on our behalf any content or information published within the Services or elsewhere by third parties we do not assume any liability.

Our employees are continuously working on the further development and evaluation of our own product ideas and functions. However, we are also very interested in the interests the feedback, comments and suggestions that the user community brings to us. If you decide to give us or our employees ideas for products, services, Features, changes, improvements, content, refinements, technologies, content offerings (such as audio, video, games, or other types of content), promotions, strategies, or Product / function names or related documentation, graphics, computer code and to send diagrams or other materials (collectively: "Feedback"), the following provisions. These ensure that you, like us, have the status of a clearly understand such feedback. Accordingly, the following applies if you give us feedback transmit:

  • We are under no obligation to review, consider, or implement your feedback or return all or part of the feedback to you for any reason;

  • The feedback is provided on the basis that it is not confidential in nature. We are not obliged to treat your submitted feedback confidentially or the Refrain from using or disclosing the feedback in any way and

  • You irrevocably grant us an unlimited, non-exclusive, fee-free, fully transferable (including sublicensing), perpetual, worldwide and unlimited license to customize, reproduce, distribute, create derivative works, modification, public performance (also based on that they continues to the respective audience), public communication, provision, public presentation and other use and exploitation of the feedback and from it derivative works. This license is for all purposes and without limitation. A remuneration is not to be paid for it and there is no obligation to name you as the author. This license includes, among other things, manufacture, use, sale, offer for sale, Import and promotion of commercial products and services, in whole or in part Contain or embody feedback. This is true regardless of whether the feedback is in its is used in its original form or in a modified form.

7. Limitation of Liability

Any liability for any damage resulting from the use of the platform or from it Boum generally excludes any retrievable information.

NO PROVISION OF THESE TERMS OF USE WILL EXCLUDE OUR LIABILITY FOR LOSSES OR RESTRICT, TO THE EXCLUSION OR LIMITATION UNDER APPLICABLE LAW IS NOT LEGAL BE.

  • SUBJECT TO THE ABOVE SECTION, WE ARE NOT LIABLE TO YOU FOR THE FOLLOWING, AND WHEREAS NEITHER FROM THE CONTRACT, NOR FROM UNAUTHORIZED ACTION (INCLUDING NEGLIGENCE), NOR FROM OTHER LEGAL REASON OR OTHERWISE IN ACCORDANCE WITH OR IN CONNECTION WITH THESE TERMS OF USE OR THE PROVISION OR RECEIPT OF THE SERVICES:

    • LOST PROFIT;

    • LOSS OF GOODWARE;

    • LOST OPPORTUNITIES;

    • LOSS OF DATA;

    • MISSED BUSINESS;

    • BUSINESS INTERRUPTIONS;

    • LOSS OF BUSINESS REPELLENCE OR

    • INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND.

  • SUBJECT TO THE FIRST SECTION OF THIS SECTION, OUR ENTIRE LIABILITY TO YOU, OB BY CONTRACT, UNAUTHORIZED ACT (INCLUDING NEGLIGENCE), FOR ANY OTHER LEGAL REASON OR IN OTHER WAYS IN ACCORDANCE WITH OR IN CONNECTION WITH THESE TERMS OF USE OR THE PROVISION OR RECEIPT OF THE SERVICES IN THE ELEVATION OF THE HIGHER OF THE TWO THE AMOUNTS DESCRIBED BELOW ARE RESTRICTED:

    • THE AMOUNT YOU GIVE TO BOUM DURING THE 12 MONTHS THAT BOUM YOUR CLAIM AGAINST PROCEED IMMEDIATELY, HAVE PAID OR

    • 100,00 GBP.

  • YOU ACKNOWLEDGE AND AGREE THAT WE SUBJECT TO THE FIRST SECTION OF THIS SECTION TO YOU NO LIABILITY TO LIABILITIES, LOSSES, EXPENSES (INCLUDING LEGAL AND COURT FEES), COST CLAIMS OR DAMAGES THAT YOU OR OTHER PERSONS FROM OR IN CONNECTION WITH THE FOLLOWING, THIS EXCLUSION APPLIES TO LIABILITY CONTRACT, FROM UNAUTHORIZED ACT (INCLUDING NEGLIGENCE), BY LAW, OR BY OTHER LEGAL REASONS: YOUR TRUST IN COMPLETENESS, CORRECTNESS, UPDATE THE CONTENT, OR EXISTENCE, OF ANY ADVERTISEMENT OR RELATIONSHIP OR TRANSACTION BETWEEN YOU AND AN ADVERTISER OR SPONSOR WHOSE ADVERTISEMENT IS DISPLAYED WITHIN THE SERVICES; CHANGES WE MAKE TO THE SERVICES, PERMANENT OR TEMPORARY DISCONTINUATION OF THE PROVISION OF THE SERVICES (OR INDIVIDUAL FUNCTIONS OF THE SERVICES); DELETION, DAMAGE, OR FAILURE TO SAVE CONTENT AND OTHER COMMUNICATION DATA MAINTAINED OR TRANSFERRED IN THE FRAMEWORK OF YOUR USE OF THE SERVICES BECOME; A FAILURE BY YOU TO PROVIDE US WITH CORRECT ACCOUNT INFORMATION, OR A FAILURE BY YOU TO PROVIDE YOUR PASSWORD OR ACCOUNT DETAILS SECURELY AND CONFIDENTLY TO TREAT; LINKS TO THIRD PARTY WEBSITES AND THEIR CONTENT.

According to the statutory provisions, Boum is liable for willful intent and gross negligence on the part of Boum, its legal representatives, officers or others Vicarious agents. This also applies to the assumption of guarantees or other no-fault liability as well as claims under the Product Liability Act or in the event of culpable injury to body, health or life. Another Liability on the part of Boum is excluded. The limitation or exclusion of liability for Boum also applies in favor of the personal liability of its legal representatives, executives Employees and simple vicarious agents.

You undertake, Boum and its officers, directors, employees, Agents and advisors in relation to all claims, liabilities, costs, damages, To indemnify and indemnify losses and expenses (in particular legal fees) that arise on Are based on or are related to: A violation of these Terms of Use by you (or a user of your account). This includes in particular one Violation of your obligations, representations and warranties under these Terms of Use.

WE ARE NOT LIABLE FOR DAMAGE THAT YOU COULD HAVE PREVENTED BY USING OUR ADVICE FOLLOWED TO MAKE AN UPDATE OFFERED TO YOU FREE OF CHARGE. WE ARE NOT LIABLE FOR DAMAGE CAUSED BY YOUR FAILURE TO FOLLOW THE INSTALLATION INSTRUCTIONS OR THE TO FULFILL THE MINIMUM REQUIREMENTS OF THE SYSTEM THAT WE RECOMMEND.

THESE LIMITATIONS ON OUR LIABILITY APPLY regardless of whether we have the possibility of the HAVE BEEN INFORMED OR WE WOULD BE AWARE OF THIS POSSIBILITY WHEN SUCH LOSSES OCCURRED MUST BE.

YOU ARE RESPONSIBLE FOR ALL MOBILE CHARGES THROUGH YOUR USE OF OUR SERVICES INCOME, INCLUDING CHARGES FOR SMS MESSAGES AND DATA STREAMS. IF YOU ARE YOURS IF YOU ARE NOT CERTAIN WHAT THE DETAILS OF CHARGES MAY APPLY, YOU MUST BEFORE USING IT INQUIRY FROM YOUR CELLULAR PROVIDER FOR SERVICES.

8. Disclaimer of Warranties

NO PROVISION OF THESE TERMS OF USE WILL AFFECT YOUR STATUTORY RIGHTS:

  • RIGHTS THAT CANNOT BE CHANGED OR WAIVED BY CONTRACT, AND

  • RIGHTS TO WHICH YOU, AS A CONSUMER, SHALL ALWAYS UNDER ALL CIRCUMSTANCES.

THE BOUM SERVICES ARE PROVIDED "AS IS" "AS IS". WE MAKE NO REPRESENTATIONS OR WARRANTIES IN RELATION TO THIS. IN PARTICULAR WE SECURE YOU NOT TO AND DO NOT WARRANT THAT:

  • YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;

  • YOUR USE OF THE SERVICES WILL BE ERROR-FREE, TIMELY, SECURELY OR ERROR-FREE;

  • THE INFORMATION YOU OBTAINED BY USING THE SERVICES, OR CORRECT ARE RELIABLE OR ERROR-FREE AND

  • DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES FIXED SOFTWARE PROVIDED.

TO THE EXTENT PERMITTED BY LAW: NO CONDITIONS, REPRESENTATIONS, WARRANTIES, STATEMENTS, OR OTHER PROVISIONS EXCEPT THOSE PROVIDED IN THESE TERMS OF USE ARE EXPRESSLY SET OUT. THIS INCLUDES IMPLIED REPRESENTATIONS OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH A DESCRIPTION. WE ARE ENTITLED TO DETERMINE THE AVAILABILITY OF THE CHANGE THE PLATFORM AT ANY TIME, WHOLE OR PARTLY FOR BUSINESS AND OPERATIONAL REASONS, STOP, WITHDRAW OR LIMIT. WE ARE TO ANNOUNCE THAT NOT OBLIGATORY.

The services of Boum also do not provide any insurance benefits or assembly and Installation services of any kind. Corresponding agreements between sellers and buyers come about exclusively between these and Boum does not assume any warranty in the With regard to the respective offer of the seller or buyer. The user provides Boum from free of all claims that other users or third parties may assert against Boum due to violation of their rights by those posted by the user using the Boum services Offers and other content or because of its other use of the Boum services.

The user is obliged to Boum immediately, truthfully and completely all To provide information in the event of a claim by third parties, which the Examination of claims and a defense serve and are necessary.

9. Other provisions
  • Entire agreement These Terms of Use (including the following supplementary provisions) represent the entire legal agreement between You and Boum. They supersede any earlier applicable business or business Terms of Use which apply before the "Last Updated" date above found on the services.

  • No waiver Our failure to make a determination of this Exist or enforce terms of use (or other rights or Exercising legal remedies under these Terms of Use) is not considered a waiver Understand terms or rights under these Terms of Use. This prevents not the future assertion of this or any other right or remedy and does not limit this either.

  • Security You are responsible for it yourself, yours Configure information technology, computer programs and your own platform in such a way that that you can access our platform. You should have your own virus protection software deploy.

  • Severability clause Should one or more provisions of the Boum Terms of Use may be void, invalid, or ineffective in whole or in part this has no effect on the effectiveness of the remaining provisions. Instead of unincorporated or ineffective provisions of these Boum Terms of Use occurs the law. If there is a legal loophole, the parties will agree on a regulation which of the not included or ineffective regulation comes as close as possible economically.

10. Additional rules

Boum is entitled to all or its rights and obligations from this contractual relationship partially transferred to a third party, with a notice period of four weeks. Declarations in relation to the license agreement concluded with Boum must be made in writing or in text form. The Boum license agreement is subject to Swiss law. The UN sales law is excluded.

Note regarding Apple By accessing the platform through a In particular, you acknowledge and agree to the following device manufactured by Apple, Inc. ("Apple") to:

  • These terms of use apply between you and Boum. Apple is not a party to this Terms of Use.

  • The license granted to you under these Terms of Use is limited to personal, restricted, non-exclusive and non-transferable right that Platform for private use on the Apple-authorized Apple device (s) install that is / are owned or controlled by you have. The conditions set out in the terms of use for the Apple App Store apply "Rules of Use".

  • Apple is not responsible in any way for the platform or its content obliged to provide maintenance or support services in relation to the platform.

  • If the platform does not comply with a valid warranty, i.e. if it has defects, you can report this to Apple and Apple will possibly pay you the purchase price for the platform refund. To the maximum extent permitted by applicable law, Apple shall apply in relation to the platform does not have any warranty obligations.

  • Apple is not responsible for dealing with claims made by you or any third party that concern the platform or your possession or use of the same. this includes in particular: (a) product liability claims; (b) any claim based thereon, that the platform does not have applicable legal or regulatory requirements and (c) claims in the context of consumer protection or a similar Legislation.

  • Should a third party claim that the platform or your possession and use the same infringing the intellectual property rights of this third party is not Apple responsible for the investigation, defense, comparative settlement or delivery this claim based on the violation of intellectual property.

  • You represent and warrant the following: (a) You are not domiciled in one Country embargoed by or designated by the US government as “the Terrorism Supporting Country ”and (b) you are not on a list Listed by the United States Government by Prohibited or Restricted Parties.

  • Apple and its affiliates are third party beneficiaries of these Terms of Use. By agreeing to the terms and conditions of these Terms of Use, Apple acquires the right to use these Terms of Use as their third-party beneficiary towards you enforce. This right is deemed to have been accepted by Apple.

  • Boum expressly grants the authority to use the platform by multiple users via so-called family sharing or a similar function provided by Apple.