Terms and conditions

Consumer terms and conditions

Last revised: 16th November 2018

Introduction

Welcome to the booost life Scheme and booost app a digital loyalty, e-gift and promotions solution owned and operated by C 2 Zero Ltd trading as booost life and booost ("We", "Us" and "Our").

We are a limited company registered in England and Wales whose registered office is 2nd Floor, Hygeia House, 66 College Road, Harrow, Middlesex HA1 1BE. Our company registration number is 5121702 and our VAT registration number is 839636580.

You may contact us by emailing us at info@booost.life or by writing to us at booost, PO Box 5110, Hove, BN52 9EB.

The booost app is available in the United Kingdom "UK" only and all monetary values are GBP "£".

Please read these terms carefully before you create a booost life account. These Terms and Conditions tell you who we are, how we will provide services to you, how you and we may end the Agreement, what to do if there is a problem and other important information. By creating a booost life account you are acknowledging that you have read and agreed to these Terms and Conditions. You must be at least 18 years old to register with booost life.

1. Definitions

"Activation" and "Activated" means crediting a booost E-gift Voucher to Your booost Balance on Your booost Account.

"Agreement" means the process of creating Your booost life account which includes accepting these Terms and Conditions.

"App" and "booost App" means any mobile application released by booost life as part of the Scheme.
"booost Account" means Your personal account on the booost life Scheme.

"booost Balance" and "booost E-gift Balance" means:

(a) Where You have elected to use the booost App to manage Your booost E-gift Vouchers, the total monetary value of Your Activated e-gift Voucher(s) that is available to spend by You with any active Participating Retailer; and

(b) Where You have elected not to use the booost App to manage Your booost E-gift Vouchers, the total monetary value of Your Activated e-gift Voucher(s) and Your non-Activated booost E-gift Voucher(s).

"booost E-gift" and "booost E-gift Voucher" means an electronic gift voucher purchased from booost life.

"booost life", "booost life Scheme" and "Scheme" means all digital and physical items provided, managed or run by C 2 Zero as part of booost life. These include, but are not limited to, booost App(s), booost Website(s), and Marketing Material and include these Terms and Conditions.

"booost Loyalty" means the functionality that allows a Participating Retailer to run a digital loyalty programme.

"booost Stamp" and "booost Loyalty Stamp" means a digital stamp issued by a Participating Retailer to You.

"Expiry Date" means the date that is either 12 months from the purchase of an un-Activated booost E-gift Voucher, or 12 months from the Activation of a booost E-gift Voucher.

"Outlet" means a Participating Retailer's physical premises or website.

"Participating Retailer(s)" means any UK based retailer that has agreed to participate in booost life.

"Redemption Period" the length of time a Retailer Voucher is valid for.

"Retailer Voucher" means a bespoke voucher issued directly to You from a Participating Retailer that has either a monetary value, or percentage off, a purchase at the issuing Participating Retailer.

"Use" and "Usage" means any action or transaction on booost life, including but not limited to, creating or accessing a booost Account, Activating a booost E-gift Voucher, redeeming all or part of a booost Balance, receiving or redeeming booost Loyalty Stamps or Retailer Vouchers or using any other functionality of the booost App.

"We", "Us" and "Our" means C 2 Zero Ltd trading as booost life or booost.

"Website" means any website owned or managed by C 2 Zero Ltd in connection with booost life, including but not limited to www.booost.life.

"You" and "Your" means the person who receives a booost E-gift Voucher, creates a booost Account, has a booost E-gift Balance, booost Loyalty Stamp balance, receives or spends a Retailer Voucher or accesses a booost Account either through the booost App or any booost Website.

2. booost life

2.1. You must be at least 18 years old to create a booost Account with booost Life.

2.2. Your use of booost life is subject to these Terms and Conditions as may be varied by Us from time to time. The current version of the Terms and Conditions is available at www.booost.life. Your use of booost life constitutes Your acceptance of these Terms and Conditions.

2.3. You acknowledge that booost life is being made available to You free of charge and that We make no representations or warranties, express or implied, regarding the Scheme and all representations, undertakings, warranties, terms and conditions whether express or implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.

2.4. In addition to these Terms and Condition, You agree to be bound by Our Website Terms of Use.

2.5. Except as provided in these Terms and Conditions, We shall not be liable to You to the fullest extent possible at law for any claims whatsoever including but not limited to those arising from satisfactory quality, fitness for purpose, loss of profits, business, revenue, goodwill, anticipated savings and/or any other indirect, special or consequential loss or damage whether arising under contract, negligence or otherwise out of or in connection with the Scheme or the Agreement.

2.6. Nothing in this Agreement shall exclude or limit Our Liability for (i) fraud; (ii) death or personal injury caused by Our negligence; (iii) serious misconduct by Us; or (iv) any Liability which cannot be excluded or limited by applicable law.

2.7. Notwithstanding clause 2.4, categories of loss that We are not responsible for include:

(a) loss of income or revenue;
(b) loss of actual or anticipated profits;
(c) loss of business; or
(d) indirect or consequential loss (and for the avoidance of doubt, We understand the words "consequential loss" to mean "consequential losses whether those losses are foreseeable, known, foreseen or otherwise").

2.8. We many deactivate Your access to, or use of, booost life (or any part of them) if:

(a) We have reason to suspect illegal or fraudulent activity on Your booost Account;
(b) You breach these Terms and Conditions; or
(c) We have reason to suspect that You are in breach of the Data Protection Legislation.

2.9. You must not create a booost Account if We have previously deactivated Your booost Account for violating the law or for breaching any of Our Terms and Conditions.

2.10. You may only create a booost life Account with a valid personal email address that You access regularly. Any booost life Accounts which have been created using someone else's email address or with temporary email addresses may be deactivated without notice. We may require You to re-validate Your booost Account if We have reason to suspect that You have been using someone else's email address or a temporary email address.

2.11. If You choose, or are provided with, a username, password or other piece of information as part of Our security procedures, You must treat such information as confidential and must not disclose these details to any other person including booost life employees.

2.12. You may not permit anyone to access to Your booost Account via the booost App, Website or any other method.

2.13. If You believe anyone has access to Your booost Account or knows Your password You should contact booost life immediately on 01273 427 707 or via info@booost.life. You agree that We will not be responsible or liable in the event that anyone to whom Your password is disclosed uses and/or transacts via the booost App, Website or other method. You are entirely responsible for the confidentiality of Your username, password or other information.

2.14. The Agreement does not include the provision of a computer or other necessary equipment to access the booost App or Website. To use booost App or Website, You will require Internet connectivity and appropriate telecommunication links. We are not liable for any telephone costs, telecommunications costs or other costs that You may incur in connection with the booost App or Website.

3. Purchasing a booost E-gift Voucher

3.1. booost E-gift Vouchers are only sold by Us and can only be purchased via the Website or booost App.

3.2. From time to time, We may use a third party business to promote the sale of booost E-Gift Vouchers. In such instances the sale of booost E-gift Vouchers is still made directly from Us.

3.3. booost E-gift Vouchers are not authorised for sale by any other party and We will not be liable for any booost E-gift Vouchers not purchased directly from Us.

3.4. We do not sell or supply physical booost E-gift Vouchers. If You do not wish to use the booost App to manage Your booost E-gift Vouchers You may print Your booost E-gift Voucher from the email sent to You by Us and use this for redemption at a Participating Retailer.

4. booost Balance

4.1. Only the rightful user of the booost Account may access a booost Balance on the App, Website or other method. Therefore We will assume, unless and until You tell Us to the contrary, that the person who accesses a booost Balance on the App, Website or other method, is the rightful user of the booost Balance. It is Your responsibility to inform Us as soon as possible about any unauthorised access to Your booost Account.

4.2. Your booost Balance is not transferable.

4.3. Your booost Balance cannot be exchanged for cash.

4.4. Funds that make up all, or part, of Your booost Balance will expire automatically, meaning that they can no longer be redeemed, and will be removed from Your booost Account and transferred to Us;

(a) 12 (twelve) months from the booost E-gift Voucher purchase date if the booost E-gift Voucher hasn't been Activated; or
(b) 12 (twelve) months from the booost E-gift Voucher Activation date.

5. Spending Your booost Balance

5.1. Your booost Balance can only be used to purchase goods or services from active Participating Retailers. A list of Participating Retailers can be found at www.booost.life or via the retailer search function on the booost App; Participating Retailers may change from time to time.

5.2. Where Participating Retailer information, including but not limited to name, address, contact details, offers, brands, products and opening times, are shown on the Website, booost App or other media physical or digital, We are not liable for the accuracy of this information.

5.3. When using Your booost Balance to make a purchase We will deduct the value of Your purchase from Your booost Balance. If the value of Your purchase is greater than Your booost Balance You will be required by a Participating Retailer to settle the remainder via a different payment method. We are not liable or responsible in any way for the alternative payment methods a Participating Retailer offers to You. You agree that We have made no representation as to the accuracy, reliability or security of an alternative payment method offered by a Participating Retailer.

5.4. Refunds or change will not be given, if the value of a purchase is less than Your booost Balance the remaining funds will remain on Your booost Balance until such a time as You redeem the balance, or the balance expires (whichever is first).

5.5. Your booost Balance can't be used to purchase booost E-gift Vouchers or third-party gift vouchers, physical or digital, including a Participating Retailers own gift vouchers.

5.6. You can't reverse or cancel a booost life purchase once it has been authorised.

5.7. In all instances a Participating Retailer will need to verify a booost Balance before they are able to accept the funds as payment.

5.8. Without limitation We shall not be liable if a Participating Retailer refuses to accept Your booost Balance as payment for any reason including where a Participating Retailer refuses to accept Your payment because it is unable to verify Your booost Balance (including due to a technical issue with the booost App or Website).

6. booost Loyalty

6.1. booost life allows a Participating Retailer to set up and run a digital loyalty programme which includes the functionality to issue a booost Stamp to a digital booost Loyalty card on Your booost App. Where You meet the requirements of a qualifying purchase as set out by a Participating Retailer, that Participating Retailers may issue You a digital booost Stamp for each qualifying purchase.

6.2. The issue of booost Stamps is at the sole discretion of a Participating Retailer. We have no control over, do not accept, and We do not assume responsibility for the issue of booost Stamps by Participating Retailers. We cannot guarantee that a Participating Retailer will issue a booost Stamp even if You have met the requirements of a qualifying purchase as set out by that Participating Retailer for the issue of a booost Stamp.

6.3. Your contract regarding the use of booost Loyalty and booost Stamps from Participating Retailers, and the provision of goods and services which can be obtained by redeeming booost Stamps with Participating Retailers, is with the Participating Retailer who has issued the booost Stamp(s) only, it is not with Us. We do not act as the Participating Retailer's agent in relation to the use of booost Loyalty and / or the issue or redemption of booost Stamp(s).

6.4. A Participating Retailer may have its own terms and conditions applicable to the provision of goods and / or services obtained by redeeming booost Stamps.

6.5. We are not liable for any failure or refusal by a Participating Retailer to provide goods and services in return for booost Stamp(s) that You may have accumulated. The Participating Retailer is responsible for the goods and / or services provided in connection with the redemption of booost Stamp(s) and for dealing with any claims or any other issue arising out of or in connection with the booost Loyalty programme managed by that Participating Retailer.

6.6. booost Stamps can only be redeemed by the issuing Participating Retailer and cannot be transferred to, or redeemed by, another Participating Retailer.

6.7. If You withdraw from a Participating Retailers booost Loyalty Scheme, their digital loyalty card and any remaining booost Stamps will be removed from Your booost Account. In the event You re-join a Participating Retailers loyalty programme any previously removed booost Stamps will not be re-credited to Your booost Account.

6.8. booost Stamps have no monetary value save that which a Participating Retailer may assign to You, or Your booost Account, when redeeming booost Stamps.

7. Retailer Vouchers

7.1. From time to time a Participating Retailer may directly issue You a Retailer Voucher that will have either a monetary value, or percentage-off Your next qualifying purchase. Retailer Vouchers can only be redeemed in the issuing Participating Retailer outlet(s) in accordance with any terms and conditions of that Participating Retailer.

7.2. Your contract regarding the use of Retailer Vouchers, and the provision of goods and services which can be obtained by redeeming Retailer Vouchers, is with the Participating Retailer who has issued the Retailer Voucher only, it is not with Us. We do not act as the Participating Retailer's agent in relation to the use, issue or redemption of Retail Vouchers.

7.3. We are not liable for any failure by a Participating Retailer to provide goods and / or services in return for Retailer Vouchers that have been issued to You. The Participating Retailer is responsible for the goods and / or services provided in connection with a Retail Vouchers and for dealing with any claims or any other issue arising out of or in connection with the contract between You and the Participating Retailer.

7.4. Retailer Vouchers are not transferable and have no value save that which the issuing Participating Retailer provides when the Retailer Voucher is redeemed.

7.5. Retailer Vouchers have variable redemption periods that differ from a booost Balance expiry date. Once the redemption period has passed, the Retailer Voucher will be removed from Your booost Account and cannot be recovered or redeemed. It is Your responsibility to ensure the Retailer Voucher is used before the redemption period ends should You wish. booost life and the issuing Participating Retailer will not be liable for any Retailer Vouchers which have been removed from Your booost Account due to expiration.

8. Local Offers

8.1. From time to time Participating Retailers may promote a Local Offer to You that is based on Your geographic location, not a previous relationship with a Participating Retailer.

8.2. A Local Offer may have additional qualifying terms and conditions as set by the issuing Participating Retailer.

8.3. Your contract regarding Local Offers, and the provision of goods and services which can be obtained by accepting a Local Offer, is with the Participating Retailer who has issued the Local Offer only, it is not with Us. We do not act as the Participating Retailer's agent in relation to the use, issue or redemption Local Offers.

8.4. We are not liable for any failure by a Participating Retailer to provide goods and / or services as advertised as a Local Offer. The Participating Retailer is responsible for the goods and / or services provided in connection with a Local Offer and for dealing with any claims or any other issue arising out of or in connection with the contract between You and the Participating Retailer.

9. Alterations

9.1. We reserve the right to unilaterally update or amend these Terms and Conditions at any time. All updates or amendments to these Terms and Conditions will be posted online and in most cases We will give You at least 30 days notice prior to implementing any changes. We will notify You of changes by any means We decide appropriate. If You continue to use booost life after being notified by Us of the changes You will be bound by the updated Terms and Conditions.

10. Complaints

10.1. We are in no way liable for any goods purchased using Your booost Balance, booost Stamps, Retailer Vouchers, Local Offers or any other service provided by booost life. If You have a complaint about, or wish to return, goods purchased using a booost service You should contact the Participating Retailer directly.

10.2. If You have a complaint regarding booost life please contact Us via email info@booost.life or write to booost, PO Box 5110, Hove, BN52 9EB.

11. Data

11.1. When creating a booost Account You warrant that all information provided as part of the registration process and contained in Your booost Account during the course of the Agreement is true, complete and accurate and that You will promptly inform Us of any changes to such information.

11.2. You acknowledge and agree that We collect, store and process Your personal data in accordance with Our Privacy & Cookie Policy which forms part of these Terms and Conditions.

11.3. You acknowledge and agree that We collect, store and process consumer and Participating Retailer data on servers owned and managed by C 2 Zero Ltd as well as by a third party partner Tranxactor (UK address Aldgate Tower, 2 Leman Street, London E1 8FA).

11.4. You acknowledge and agree that We may use, analyse and access data (including personal data) to maintain and develop booost life in accordance with Our Privacy & Cookie Policy. This may include to assess and implement business and product developments, to undertake statistical analysis and assess financial risk.

11.5. We will only disclose information outside the C 2 Zero group where You have provided Your agreement to booost life, if We are compelled to do so by law or when it is necessary to do so to fulfil our contractual obligations to You.

11.6. You agree that We may use Your personal data for marketing purposes.

11.7. You acknowledge that We may pass Your personal data to selected third party partners if You agree or if it is necessary for Us to fulfil our legal obligations or contractual obligations to You.

12. Term and Termination

12.1. The application of these Terms and Conditions shall commence on the date that You create Your booost Account and shall continue indefinitely, until such a time as either party terminates the Agreement in accordance with these Terms and Conditions.

12.2. Without affecting any other right or remedy available to Us, We may terminate the Agreement at any time by giving You 1 weeks' written notice or immediately in accordance with clause 2.6.

12.3. Without affecting any other right or remedy available to Us, We may suspend the Agreement at any time by giving You 24 hours' notice.

12.4. In the event We decide to suspend, withdraw or terminate the booost life Scheme (in whole or part) We will give You three months notice of the end date of the booost life Scheme (or that part of the booost life Scheme). It is Your responsibility to ensure You spend Your booost Balance and redeem all Retailer Vouchers, booost Stamps and any other offer before the end date of the booost life Scheme (or that part of the booost life Scheme) as set out in the notice.

12.5. In accordance with Clause 12.3, any remaining booost Balance, booost Stamps, Retailer Vouchers, offers on Your booost Account will expire on the end date set out in the notice pursuant to clause 12.3 or 12.4 meaning that it can no longer be redeemed and will be removed from Your booost Account and transfer to Us.

12.6. You may cancel the Agreement at any time by emailing info@booost.life, including Your booost username, requesting Your booost Account be closed and / or this Agreement cancelled. Your booost Account and Agreement will be cancelled within 7 working days of receipt of Your email.

12.7. In the event that You cancel the Agreement, any remaining booost Balance, Retailer Voucher(s), booost Stamp(s) and any other offers that are associated with Your Account will expire meaning that it can no longer be redeemed and will be removed from Your booost Account and transfer to Us as applicable. If You re-register with Us at a later stage, You will enter into a new agreement with Us and any previously expired booost Balance, Retailer Voucher(s), booost Stamp(s) and any other offers will not be credited to Your new booost Account.

13. Defective, faulty or non-confirming products

13.1. We are not liable in any way for the goods and / or services provided to You by Participating Retailers and We provide no guarantee or warranty in relation to the quality, safety, accuracy of description or fitness for purpose of those goods and / or services.

13.2. We cannot accept returns of any products no matter the condition. You must contact the relevant Participating Retailer directly for information relating to cancellations of orders or returns.

13.3. Nothing in these Terms and Conditions affects Your legal rights to cancel orders within 14 calendar days from the date that You, or a third party indicated by You, receive the goods. In order to exercise Your right to cancel Your order, You must contact the relevant Participating Retailer and follow the terms and conditions for cancellation as set out by the relevant Participating Retailer.

13.4. If a product has a defect or fault existing at the time of delivery or otherwise does not conform to Your order, You have a statutory right to return the product. We strongly encourage You to get in touch with the relevant Participating Retailer as soon as You become aware of any problems. Any remedy for defective or faulty goods or goods which do not conform with Your order will be provided by the relevant Participating Retailer, not Us. This clause 13.4 applies to circumstances where You have used Your booost Balance (in part or full) or any other booost promotion to purchase the goods or services from the Participating Retailer.

13.5. If You are unsure how to contact a Participating Retailer in relation to the cancellation of an order or returns, please contact Us via email info@booost.life or write to booost, PO Box 5110, Hove, BN52 9EB. We will endeavour to provide You with the contact details of the relevant Participating Retailer within 2 working days.

14. Validity of these Terms and Conditions

14.1. If any provision of these Terms and Conditions should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms and Conditions are not affected. Such invalid or unenforceable provision shall be replaced by a valid and enforceable provision which most closely achieves the economic effect contemplated by the invalid or unenforceable provision.

15. Laws

15.1. These Terms and Conditions shall be governed by and construed fully in accordance with the laws of the United Kingdom. You and We agree to submit to the exclusive jurisdiction of the courts located in the United Kingdom. This clause applies to all contractual and non-contractual relationships between You and Us. The parties also agree that the United Nations Convention for the International Sale of Goods does not apply to this transaction.