TERMS AND CONDITIONS

* 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 credit card, debit card or any other payment method which 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

* The Packaging

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

* Personalised Products

If the product includes personalized content selected by you, it is a personalized 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 are uploading a photograph, video, or audio file you must ensure that you have obtained all relevant permissions to use the photograph, video, or audio file from any persons in the photograph, video, or audio file and the photograph, video or audio file is otherwise appropriate to upload.

If you are uploading a photograph, images must be in JPEG or PNG format. Any other format such as Word documents and PDFs cannot be accepted. For best results, we advise that you make the image dimensions approximately 1,000 pixels for the smallest edge of your photos. We print images at 300DPI (Dots Per Inch), so if you are scanning the image, we recommend you use this setting. If you try to upload a photo that has a lower resolution or image size, we will accept it however we cannot accept responsibility if your Personalised Product does not meet your expectations.

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 Products Rules

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

• 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;
• contravenes any applicable law (including, without limitation, any criminal law) or regulation;
• is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
• misrepresents identity or impersonates any person;
• includes personal data about another person, such as their address, phone number, or email address, except with the written approval of that person;
• sexual orientation or age, or that may incite hatred or violence against any person or group;
• may harass, upset, embarrass or alarm any person;
• 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;
• may violate the integrity and reputation of our name, and the names of our partners and licensors;
• advocates, promotes or assists any unlawful act;
• includes or makes reference to illegal drugs;or
• makes reference to politicians' names and/or political statements.

* 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 and promotions, click https://www.Boonify.com/. To see our Terms and Conditions for vouchers, click https://www.Boonify.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.

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 and, with the exception of an Experience Product (as defined below), Boonify shall act 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.

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 which 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 we are going to suspend them for technical reasons, in each case for a period of more than 48 hours.

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 7 days and will do our best to resolve it within 28 days. 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.

We offer 5 day of freshness guarantee for flowers. Please note, because flowers are perishable, we need to be informed of any problem with your order within five days of delivery to give us the best chance of resolving the issue. We reserve the right to refuse a refund or replacement.

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.

We will refund you the price you paid for the products including delivery costs, by the method you used for payment within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.

* Personalized Products

Include cards, mugs, framed cards, t-shirts, alcohol gifts and cases.

Where an item is faulty, please contact our Customer Service Team via the provided contact details. We will either ask you to return the item to us within three days of receipt or to take a photo of the item before returning it back to us. You can speak to our Customer Service Team for a return address if you do not have one. Your right to return items to us in accordance with these Terms is in addition to any other statutory rights you may have.

If you are eligible for a refund, we will reimburse the price you have paid for the product(s) onto the account you provide us. Alternatively, we may offer to reprint (if applicable) and resend the item free of charge. Please note it is not our policy to offer both a refund and a resend.

Refunds cannot be given if the fault is a result of your own actions such as product misuse or if personalization is misspelled or if you have uploaded an image of a low resolution or size.

Flowers

If the recipient receives damaged flowers or they fail to arrive, please contact us immediately so that we can arrange to resend the flowers on the next available delivery date or offer a full or partial refund. The amount of a partial refund will depend on the specific circumstances surrounding the flowers.

As is the case with other gifts, it is not our policy to offer both a refund and a resend. Where flowers have been damaged we will normally ask for photographs clearly showing the problem so we can use them to determine what is going wrong with our system or our couriers. Refunds cannot be given for flowers that have died quickly unless we understand there to be a genuine problem. It is important that flowers are cared for correctly and in line with the instructions provided. Putting them by heat sources or draughts, or failing to change the water will damage them. We include instructions and flower food with all our arrangements. All flowers should normally last five days or longer, although this varies by variety. In some circumstances, flowers are sent in the bud and will not be fully open when they arrive. However, they should open once they have settled at room temperature.

It is important that we are contacted as soon as possible regarding issues with your order or the product(s) you have ordered. We need to be informed of any issues within three days of the delivery to give us the best chance of successfully resolving the issue.

Non-Personalised Products

Including soft toys, gift boxes, gift cards, food gifts, alcohol gifts, sealed beauty gifts, and sealed jewelry gifts.

Where an item is faulty, please contact our Customer Service Team via the provided contact details. We will either ask you to return the item to us within three days of receipt or to take a photo of the item before returning it back to us. You can speak to our Customer Service Team for a return address if you do not have one. Your right to return items to us in accordance with these Terms is in addition to any other statutory rights you may have.

If you are eligible for a refund, we will reimburse the price you have paid for the product(s) onto the account you provide us. Alternatively, we may offer to reprint (if applicable) and resend the item free of charge. Please note it is not our policy to offer both a refund and a resend.

Please note that if the value of the product has been reduced by any handling of it beyond what is necessary to check whether the product is as expected, we may deduct an amount to reflect that reduction in value from the sum we refund to you. Note that the value of a product may be reduced to nothing if its seal (or similar) is broken.

* When we will pay the costs of the return

We will pay the costs of return if:

• (a) the products are faulty or misdescribed;
• (b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control, or because you have a legal right to do so as a result of something we have done wrong;
• (c) if we, or on behalf of our suppliers, have requested a return of the product due to a product recall.

* Deductions from refunds if you are exercising your right to change your mind

We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your handling them in a way that would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

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.

We will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you frustrating the delivery.

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.

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.

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.

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. This push/email notification includes details about the Reminder Voucher offer (where applicable) which is valid for 7 days.

Your Reminder Voucher (where applicable) will automatically be generated and applied to your session when you click on the email link or tap on the notification. When you log into your Boonify Account, the Reminder Voucher (where applicable) will be applied to your basket.

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 are opted out of other marketing activity (for instance, newsletters). To stop getting Reminders, you need to delete the Reminders that you have set up from your Boonify Account.

Physical gift cards may be purchased at our Website. Boonify acts as an agent for the physical gift cards purchased by you as the gift cards are supplied by external card providers. The relevant card provider's terms and conditions will apply and be shared with you at the point of purchase.

Gift cards cannot be:(a) used to buy further gift cards reloaded;(b) resold;(c) transferred for value;or (d) redeemed for cash. Upon activation of a gift card, refunds or credits for the gift card will be the sole responsibility of the relevant card provider only.

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 16 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
• (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.

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.Boonify.com/privacy-notice/

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

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 set forth in this agreement.

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 above-stated remedy fails its essential purpose.

Boonify reserves the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria.

You agree that any dispute, difference, or claim arising out of or in connection with these Terms shall be resolved amicably by both parties within 30 days through negotiations failing which the dispute shall be settled exclusively and finally by Mediation. There shall be a mediator appointed by the Director of the Lagos Multi-Door Courthouse who shall settle such dispute.

Both Parties agree that the decision of the mediator is final and that they shall be bound by same and keep the contents of the mediation proceedings strictly confidential.

The language of the mediation shall be English, the venue of the mediation shall be Lagos, Nigeria and the cost of the mediation proceedings shall be borne by the breaching party as determined by the appointed mediator.

* 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, this Terms constitutes 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 this 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 this Terms, and shall not in any way affect any other circumstances of or the validity or enforcement of this 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 this 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

Email:help@Boonify.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 provided to us by you.