Terms of Sale

Effective date: 2024-03-16

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Paid Content, accessed via Subscriptions or other purchase models, is sold by Us to consumers through this website, https://booga.online (“Our Site”), and any associated services or platforms including but not limited to our financial analysis app ("Booga App") available at https://app.booga.online. Please read these Terms of Sale carefully and ensure that you understand them before purchasing a Subscription or any other form of access to Paid Content. You will be required to read and accept these Terms of Sale when ordering a Subscription or making any purchase. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase a Subscription or access Paid Content through Our Site or any associated service. These Terms of Sale, as well as any and all Contracts, are in the English language only.

1. Definitions and Interpretation

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract” means a contract for the purchase and sale of a Subscription to access Paid Content, or any other form of paid access to services provided by Us, as detailed in Clause 6;

“Paid Content” means the digital content, services, online courses, memberships, and any other content or services sold by Us through Our Site and any associated platforms or services;

“Subscription” means a subscription to Our Site and/or any associated services, providing access to Paid Content, including but not limited to the Booga App, online courses, memberships, and any future offerings;

“Subscription Confirmation” means our acceptance and confirmation of your purchase of a Subscription or any other paid service; and

“We/Us/Our” means Booga App Ltd, a company registered in England under 15566878, whose registered and main trading address is 71-75 Shelton Street, London, United Kingdom, WC2H 9JQ, along with any subsidiaries, affiliates, or brands operating under the Booga App Ltd umbrella.

2. Information About Us

Our Site, https://booga.online, is owned and operated by Booga App Ltd, a limited company registered in England under 15566878, whose registered and main trading address is 71-75 Shelton Street, London, United Kingdom, WC2H 9JQ. Our VAT number is 463852764. 

3. Age Restrictions

Consumers may only purchase Subscriptions and access Paid Content through Our Site if they are at least 16 years of age.

4. Business Customers

4.1 Application of Terms: While these Terms of Sale are designed with both individual consumers and business customers in mind, we recognize that business customers may use Subscriptions and access Paid Content within the scope of their professional activities. Therefore, these Terms of Sale apply to all users, including those purchasing Subscriptions and accessing Paid Content in the course of business.

4.2 Commercial Use: Business customers are permitted to use the app and Paid Content for their commercial activities, under the understanding that such use is subject to the licensing terms and limitations of liability as outlined in subsequent sections of these Terms of Sale.

4.3 Liability and Warranty for Business Use: We emphasize that while the app may be used for commercial purposes, we provide no warranties regarding the fitness of the Paid Content for any specific business outcome. Liability for any loss or damage arising from the use of the app and Paid Content in the course of business will be limited as specified in the "Our Liability to Consumers" section.

4.4 Confirmation of Understanding: By agreeing to these Terms of Sale, business customers acknowledge and accept the conditions under which the app and Paid Content are provided for commercial use, including the absence of specific warranties and the limitations on liability.

5. Subscriptions, Paid Content, Pricing and Availability

5.1 Accuracy of Information: We strive to ensure that all descriptions of Subscriptions and Paid Content accurately reflect the services and content you will receive. We take responsibility for any significant discrepancies that arise due to our negligence.

5.2 Price Adjustments: We reserve the right to modify our prices for subscriptions and Paid Content. Any price change will apply to future subscriptions or renewals and will not affect any active Subscription you have at the time of the change. We will provide at least 30 days' notice before any price change takes effect, allowing you the opportunity to cancel your Subscription if you do not agree with the changes.

5.3 Content Updates and Changes: We may update or modify Paid Content to comply with legal and regulatory requirements, or to address technical and security concerns. We will ensure these updates do not materially alter the Paid Content's main characteristics or its utility to you. Significant changes to the content will be communicated in advance, and you will have the option to cancel your Subscription if you do not agree with these changes.

5.4 Price Accuracy: All prices listed on Our Site are subject to verification. In case of a pricing error, we will contact you to either confirm the order at the correct price or offer you the option to cancel. Orders will not be processed until your confirmation is received. Incorrectly priced orders detected post-payment will lead to a communication from us, offering an opportunity for cancellation if the correction is not acceptable.

5.5 Tax Exclusion: All listed prices on Our Site exclude taxes. Applicable taxes will be added at checkout, depending on the jurisdiction. Our payment processor, Stripe, will calculate the appropriate tax and include it on invoices and receipts automatically. Should tax rates change between the order and payment processing times, the tax amount charged will be adjusted accordingly.

5.6 Payment Processing: All payments for Subscriptions and Paid Content are processed securely through Stripe. This ensures your payment information is handled with the highest standards of security and compliance. No sensitive payment details are stored on our servers.

6. Orders – How Contracts Are Formed

6.1 Purchasing Process: Our Site, in conjunction with the Stripe customer portal, guides you through the process of purchasing a Subscription. You'll have the opportunity to review and amend your order before finalizing it. It’s important to check your order carefully before submission.

6.2 Providing Accurate Information: If you submit incorrect or incomplete information during the order process, please contact Us immediately. Inability to process your order due to inaccurate information will result in outreach from Us to request corrections. Failure to provide the necessary accurate or complete information within a reasonable timeframe will lead to order cancellation and termination of the Contract. We are not responsible for delays in providing Paid Content due to incorrect or incomplete information from you.

6.3 Contract Formation: No offer on Our Site is legally binding. Your order represents a contractual offer that we may accept. Acceptance of your offer is confirmed through a Subscription Confirmation email, establishing a legally binding Contract.

6.4 Subscription Confirmation:

Upon successful completion of your purchase, you will receive two emails to confirm your subscription update and billing details:

• Plan Change Confirmation: The confirmation that your subscription plan for the Booga App has been successfully changed or updated. This communication ensures you are informed of the new status of your subscription, reflecting any adjustments made to your plan.

• Invoicing and Payment Confirmation: The detailed information about your subscription invoicing, including the amount paid (for example, "Your Booga App subscription invoicing (amount paid: xxx USD) was successful."). This email includes a link to view your Stripe invoice, where you can find comprehensive details of the items purchased and any further billing information. The Stripe invoice serves as your official record of the transaction and includes all necessary details regarding your purchase.

These emails are designed to keep you fully informed about both the status of your subscription plan and the specifics of your payment, ensuring transparency and access to all necessary information regarding your purchase.

6.5 Order Rejection: Should we be unable to accept or fulfill your order for any reason, we will inform you in writing without taking payment. In instances where payment has been processed, a full refund will be issued within 5 business days.

6.6 Refunds: Refunds, as described in this Clause, will be processed promptly, within 14 calendar days of the refund trigger event, using the original payment method for your purchase. 

7. Payment

7.1 Advance Payment: Payment for Subscriptions is required in advance. Your payment method will be charged at the time we process your order and issue a Subscription Confirmation. This process typically occurs immediately, and a confirmation message will be displayed to signify successful payment.

7.2 Accepted Payment Methods: We support a range of payment methods through Stripe, our payment processing partner. This includes, but is not limited to, the following:

• Credit cards (default method)
• Additional payment methods as supported by Stripe, which may include debit cards, digital wallets, and other country-specific payment solutions. For a comprehensive list of available payment options, please refer to the payment section during the checkout process on Stripe site.

7.3 Payment Delinquency: If payment is not received by the due date, we will suspend your access to the Paid Content. Further details on suspension due to non-payment are provided in sub-Clause 8.5. Should payment not be made within 5 business days of our payment reminder, we reserve the right to cancel the Contract. Please note, any amounts owed to Us will remain due and payable.

7.4 Disputed Charges: If you believe you have been charged incorrectly, please contact us immediately at [email protected] to discuss the issue. We will not charge you for Paid Content during any period your access is suspended.

8. Provision of Paid Content

8.1 Availability: Once we send you a Subscription Confirmation, the Paid Content associated with your Subscription will become available immediately and will remain accessible for the duration of your Subscription, including any renewals, or until the Contract is terminated by either party.

8.2 Immediate Access to Paid Content: Upon purchasing a Subscription, you will gain immediate access to the Paid Content. It's important to understand that by proceeding with the purchase, you are effectively agreeing to begin accessing the Paid Content right away. This immediate access means that the standard cooling-off period, typically available for online purchases, does not apply once you start using the Paid Content. We strive to ensure customer satisfaction and offer flexibility within our services. Should you have any concerns or questions about your Subscription at any point, we encourage you to get in touch with us directly.

8.3 Suspension for Maintenance or Updates:

• 8.3.1 To address technical issues or implement minor technical updates;
• 8.3.2 To ensure the Paid Content complies with legal or regulatory updates;
• 8.3.3 To make significant changes to the Paid Content, as previously mentioned in sub-Clause 5.5.

8.4 Notice of Suspension: Should it become necessary to suspend access to Paid Content for any reasons listed in sub-Clause 8.3, we will provide advance notice and rationale, except in urgent cases. If suspension exceeds 5 business days, you have the right to terminate the Contract as outlined in sub-Clause 12.2.

8.5 Grace Period for Payment Issues: In cases of failed payment attempts, such as credit card errors, we will not immediately suspend your access to Paid Content. Instead, a grace period of 5 days will be provided for you to resolve any payment issues. Service suspension will only occur if the payment is not settled within this grace period. We will communicate any non-payment and subsequent suspension clearly.

8.6 Refunds: Any refunds due under this Clause 8 will be processed promptly, within 14 calendar days from the event triggering the refund.

8.7 Refund Method: Refunds will be executed using the same payment method originally used for the Subscription purchase.

9. Licence

9.1 Licence Grant: When you purchase a Subscription to access Paid Content, we provide you with a limited, non-exclusive, revocable licence to access and use the Paid Content for personal and commercial purposes. While this licence grants you considerable flexibility in using the Paid Content, it does not extend to any ownership rights over the Paid Content itself or any third-party content we may license.

9.2 Usage Permissions and Restrictions:

• Professional and Commercial Use: You are authorized to incorporate the Paid Content into your professional and commercial activities. We encourage the use of our app for enhancing your business processes, decision-making, and service offerings to your clients.

• Content Reproduction: You may reproduce portions of the Paid Content necessary for your business reports, client presentations, and internal analyses, provided such reproductions are reasonable in scope and do not constitute the primary value of your own products or services offered for sale.

• Restrictions: To ensure respect for our intellectual property rights and those of third parties, the following are prohibited:

  • Distributing, selling, leasing, or otherwise making the Paid Content available in a manner that allows it to be consumed by individuals not licensed by us, except as part of your bona fide business services;
  • Using the Paid Content to create directly competitive products or services;
  • Modifying, disassembling, reverse engineering, or creating derivative works based on the Paid Content without express written permission from us.

This licence aims to empower your business endeavors with our Paid Content while maintaining the integrity and value of our intellectual property. We trust you to use the Paid Content in a manner that respects these terms and contributes positively to your professional success.

10. Problems with the Paid Content

10.1 By law, We must provide digital content that is of satisfactory quality, fit for purpose, and as described. If any Paid Content available through your Subscription does not comply, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:

10.1.1 If the Paid Content has faults, you will be entitled to a repair or a replacement.

10.1.2 If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund.

10.1.3 If you can demonstrate that the fault has damaged your device or other digital content belonging to you because We have not used reasonable care and skill, you may be entitled to a repair or compensation. Please refer to sub-Clause 13.3 for more information.

10.2 Please note that We will not be liable under this Clause 10 if We informed you of the fault(s) or other problems with particular Paid Content before you accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and We have warned you that it may contain faults that could harm your device or other digital content); if you have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.

10.3 If there is a problem with any Paid Content, please contact Us at [email protected] to inform Us of the problem.

10.4 Refunds (whether full or partial, including reductions in price) under this Clause 10 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.

10.5 Refunds under this Clause 10 will be made using the same payment method that you used when purchasing your Subscription.

10.6 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

11. Cancelling Your Subscription

11.1 Subscription Changes and Cancellation Policy: Once you purchase a Subscription, you have the flexibility to downgrade or cancel your Subscription directly through the Stripe customer portal. However, any changes to your Subscription, including downgrades or cancellations, will only take effect at the end of your current billing cycle. Until then, you will continue to enjoy the full benefits and features of the Subscription plan originally purchased.

11.2 No Cooling-off Refunds: After purchasing a Subscription, please note that the traditional "cooling-off" period rights where you could cancel for any reason and receive a refund do not apply due to the immediate access to digital Paid Content. Your commitment to the Subscription term reflects an acknowledgment of this policy.

11.3 Mistaken Purchases: If a Subscription is purchased by mistake, or if you accidentally renew a Subscription and can demonstrate that the Paid Content has not been accessed (e.g., no recorded sessions within the Booga App) since the start or renewal date, you may contact us for a potential refund. We assess such requests on a case-by-case basis to ensure fairness and prevent misuse.

11.4 How to Cancel: To cancel your Subscription, you can do so directly through the Stripe customer portal, which can be accessed from within our app. This platform enables you to manage and cancel your Subscription in accordance with the conditions stated above. Upon initiating a cancellation or downgrade of your Subscription via the Stripe customer portal, the app will maintain your current level of access and privileges associated with the originally purchased subscription until the end of your current billing cycle. Although Stripe may immediately display your new subscription choice and indicate that new billing according to the downgraded plan will commence on a future date—after the expiry of the current subscription period—your app access privileges will not be adjusted until this future date arrives. This ensures that you will continue to benefit from the full features and privileges of your original subscription until the billing cycle concludes, at which point your access level will be updated to reflect your new subscription choice or termination of the service if canceled.

11.5 Feedback on Cancellation: While we may inquire about your reason for cancellation to improve our services, providing such information is entirely optional.

11.6 Processing Refunds: In cases where a refund is deemed appropriate according to our policies outlined above, we will issue the refund as soon as possible, typically within 14 calendar days from when you notify us of your desire to cancel.

11.7 Refund Method: Refunds will be processed using the same payment method used for the original purchase of your Subscription. 

12. Your Other Rights to End the Contract

12.1 Changes to Subscription or Terms: You may end the Contract at any time if we inform you of a change to your Subscription or the Paid Content (as detailed in sub-Clauses 5.3 or 5.5), or to these Terms of Sale, that you do not agree with. If the change is to take effect before the end of your current Subscription period, we will issue a pro-rated refund for the remaining time left on your Subscription. If the change will not take effect until after your current Subscription expires, the Contract will end at the conclusion of your Subscription period, and you will retain access to the Paid Content until that time.

12.2 Suspension of Paid Content: If we suspend the availability of the Paid Content for more than 14 days, or notify you of our intention to suspend for more than 14 days, you may terminate the Contract immediately, as outlined in sub-Clause 8.4. In such cases, we will provide you with a pro-rated refund for the unused portion of your Subscription.

12.3 Significant Delays Due to External Events: Should there be a significant delay in the availability of Paid Content due to events outside our control, you are entitled to end the Contract immediately. Upon such cancellation, we will offer you a pro-rated refund for the unused portion of your Subscription.

12.4 Errors in Subscription Details: If we inform you about an error in the price or description of your Subscription or Paid Content and you decide to end the Contract as a result, termination is immediate. A full refund will be issued in this scenario.

12.5 Breach of Contract by Us: You have the legal right to terminate the Contract at any time if we breach its terms. Depending on the nature of the breach, you may be eligible for a full or partial refund, along with compensation. For more information on your legal rights, please consult your local Citizens Advice Bureau or Trading Standards Office.

13. Our Liability to Consumers

13.1 Limited Liability: Our responsibility for any loss or damage that you may suffer as a result of a breach of these Terms of Sale, or due to our negligence, is limited to cases where such loss or damage is a foreseeable outcome of our breach or negligence. A loss or damage is foreseeable if it is an obvious consequence of our breach or if it was considered by both parties at the time the Contract was formed. We do not cover any loss or damage that is unforeseeable.

13.2 Use for Commercial Activities: While our app may be used for your commercial activities, we provide no warranty and assume no liability for its fitness for any particular commercial, business, or industrial purposes. Accordingly, we will not be liable for any loss of profit, loss of business, business interruption, or loss of business opportunity arising from your use of the app for such purposes.

13.3 Digital Content Liability: We will take responsibility for any damage to your device or other digital content caused by our failure to exercise reasonable care and skill, offering repair or compensation as appropriate. However, we will not be liable if:

13.3.1 You have been informed of an issue and provided with a free update to resolve it, but failed to implement the update;

13.3.2 The damage results from your failure to follow our instructions; or

13.3.3 Your device does not meet the system requirements that we have communicated to you prior to the purchase of your Subscription.

13.4 Exclusions: Nothing in these Terms of Sale will limit or exclude our liability for death or personal injury resulting from our negligence, nor for fraud or fraudulent misrepresentation.

13.5 Consumer Rights: These Terms of Sale do not seek to exclude or limit any legal rights you may have as a consumer. For detailed information on your legal rights, please consult your local Citizens Advice Bureau or Trading Standards Office.

14. Contacting Us

If you wish to contact Us with general questions or complaints, for matters relating the Paid Content or your Subscription, or for matters relating to cancellations, you may contact Us by email at [email protected], or by post at Booga App Ltd, 71-75 Shelton Street, London, United Kingdom, WC2H 9JQ.

15. Complaints and Feedback

15.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

15.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:

15.2.1 In writing, addressed to Booga App Ltd, 71-75 Shelton Street, London, United Kingdom, WC2H 9JQ;

15.2.2 By email to: [email protected]

16. How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in Our Privacy Policy, available at the following link.

17. Other Important Terms

17.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

17.2 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

17.3 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

17.4 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

17.5 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see sub-Clause 12.1 above).

18. Law and Jurisdiction

18.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

18.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.

18.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

18.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.