Logo

Terms and Conditions

These terms and conditions (the "Terms and Conditions") set forth the general terms and conditions provisions that define the limits, legal rights and obligations of the User (as defined herein) with respect to the use of and participation in (i) Boom Health LLC’s (“Boom Health”) website and Mobile Application (as defined herein), including the classified advertisements, forums, various email functions and internet links, and all content and services available through the Boom Health mobile application owned and operated by Boom Health ("Mobile Application"), the online transactions between those users of the Mobile Application who are offering services (“Service Professionals”) and any of its related products and services (collectively, "Services") and those users of the Mobile Application who are obtaining Services the Mobile Application (“User” or "Users”). These Terms and Conditions are legally binding on both the User, as user of the Mobile Application, and Boom Health, as the Mobile Application developer. These Terms and Conditions described below incorporate the Privacy Policy and apply to all users of the Mobile Application. The User acknowledges that the Mobile Application serves as a venue for the online distribution and publication of user-submitted information between Service Professionals and Users. By accessing and using the Mobile Application and Services, the User acknowledges that he/she/they have read, understood, and agree to be bound by the terms of these Terms and Conditions. If the User is entering into these Terms and Conditions on behalf of a business or other legal entity, the User hereby represents that he/she/they have the authority to bind such entity to these Terms and Conditions, in which case the term "User" shall refer to such entity. If the User does not have such authority, or if the User does not agree with these Terms and Conditions, the User shall not accept these Terms and Conditions and shall not access and use the Mobile Application and Services. The User acknowledges that the Terms and Conditions are a contract between the User and Boom Health and governs the User’s use of the Mobile Application and Services, even though it is electronic and is not physically signed by the User.

Accounts and membership

In order to use the Mobile Application and Services, the User must be least 18 years of age. By using the Mobile Application and Services and by agreeing to these Terms and Conditions, the User hereby warrants and represents that the User is at least 18 years of age and is competent under law to enter into a legally binding and enforceable agreement. If the User creates an account in the Mobile Application (the “Account”), the User is responsible for maintaining the security of his/her/their Account and is fully responsible for all activities that occur under the Account and any other actions taken in connection with it. Boom Health may, but has no obligation to, monitor and review a newly created account before the User may sign in and start using the Services. The User represents, acknowledges, and agrees that all registration information that the User submits shall be truthful and accurate, that the User will maintain the accuracy of such information, and that the User’s use of the Mobile Application and Services offered through this Mobile Application do not violate any applicable law or regulation. Providing false contact information of any kind may result in the termination of the User’s Account. The User is solely responsible for safeguarding the confidentiality of his/her/their Account and Account password at all times. The User must immediately notify Boom Health of any unauthorized uses of his/her/their account or any other breaches of security. Boom Health shall not be liable for any acts or omissions by the User, including damages of any kind incurred as a result of such acts or omissions. Boom Health may suspend, disable, or delete the User’s Account (or any part thereof) if it determines that the User has violated any provision of these Terms and Conditions or that the User’s conduct or content would tend to damage Boom Health’s reputation and goodwill, in its absolute, sole, and unfettered discretion. If Boom Health deletes the User’s account for the foregoing reasons, the User may not re-register for Boom Health’s Mobile Application or Services. Boom Health may, in its absolute, sole, and unfettered discretion, block the User’s email address and IP address to prevent further registration. The User hereby expressly acknowledges and agrees that the User, and not Boom Health, shall be liable for any losses, damages etc. (whether direct or indirect) caused by an unauthorized use of the User’s Account. Notwithstanding the foregoing, the User may be liable for the losses of Boom Health or others due to such unauthorized use.

User content

Boom Health does not own any data, information or material (collectively, the "Content") that the User submits in the Mobile Application in the course of using the Services. The User shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. Boom Health may monitor and review the Content in the Mobile Application which has been submitted or created by the User using our Services. The User hereby grants Boom Health permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of the User’s Account solely as required for the purpose of providing the Services to the User. Without limiting any of these representations or warranties, Boom Health has the right, in its absolute, sole, and unfettered discretion, though it shall not be obligated, to refuse or remove any Content that, in its reasonable opinion, violates any of its policies or is in any way harmful or objectionable. Unless specifically permitted by the User, the User’s use of the Mobile Application and Services does not grant Boom Health the license to use, reproduce, adapt, modify, publish or distribute the Content created by the User or stored in the User’s Account for commercial, marketing or any similar purpose.

The User is prohibited from attempting to circumvent and from violating the security of the Mobile Application including without limitation: (a) accessing content and data that is not intended for the User; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restrict, disrupt or disable service to Users, hosts, servers or networks; (d) disrupting network services and otherwise disrupting Boom Health’s ability to monitor the Mobile Application; (e) use any robot, spider, or other automatic device, process, or means to access the Mobile Application for any purpose, including monitoring or copying any of the material on the Mobile Application; (f) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (g) attack the Mobile Application via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (h) otherwise attempt to interfere with the proper working of the Mobile Application.

Backups

Boom Health performs regular backups of the Content and shall use its best efforts to ensure completeness and accuracy of these backups. In the event of hardware failure or data loss, Boom Health will restore backups automatically to minimize the impact and downtime. Boom Health makes no assurances, representations or warranties with respect to the backups of Content.

Links to other resources

While the Mobile Application and Services may link to other resources from third parties (“Third Parties” and each a “Third Party”) (such as websites, mobile applications, etc.), Boom Health is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Boom Health is not responsible for examining or evaluating and does not represent or warrant the offerings of any Third Parties or the content of their resources or Services, nor does it assume any responsibility or liability for the actions, products, services, and content of any other Third Parties. Boom Health is not responsible, or liable to the User or any Third Party, for the content or accuracy of any Third-Party materials. The User should carefully review the legal statements and other conditions of use of any resource which he/she/they access through a link in the Mobile Application and Services. Accessing any other off-site or Third Party resources is solely at the User’s own risk.

Prohibited uses

In addition to other terms as set forth in these Terms and Conditions, the User is prohibited from using the Mobile Application, Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate the Intellectual Property Rights (as defined herein) of Boom Health of any other Third Party; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Mobile Application and Services, Third Party products and services, or the internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Mobile Application and Services, Third Party products and services, or the internet. Boom Health reserves the right to terminate the User’s use of the Mobile Application and Services for violating any of the prohibited uses.

Intellectual property rights

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. These Terms and Conditions do not transfer any intellectual property owned by Boom Health or Third Parties to the User, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Boom Health. All trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services, are trademarks or registered trademarks of Boom Health or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services may be the trademarks of other Third Parties. The User’s use of the Mobile Application and Services grants the User no right or license to reproduce or otherwise use any of Boom Health’s or any other Third-Party’s Intellectual Property Rights.

Ownership Right

The User shall retain all of his/her/their ownership rights in his/her/their submitted Content. However, by submitting the submitted Content for posting on the Mobile Application, the User hereby grants, represents and warrants that he/she/they has/have the right to grant to Boom Health a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the submitted Content in connection with the Mobile Application and Boom Health’s business operations, including without limitation, for the promotion and redistribution of any part or all of the Mobile Application, and any derivative works thereof, in any media formats and through any media channels. The User also hereby grants each user of the Mobile Application a non-exclusive license to access the User’s submitted Content through the Mobile Application, and to use, reproduce, distribute, prepare derivative works of, display and perform such submitted Content as permitted through the functionality of the Mobile Application and under these Terms and Conditions. The foregoing license granted by the User terminates once the User removes or deletes the submitted Content from the Mobile Application. The User acknowledges and understands that the technical processing and transmission of the Mobile Application, including the User’s submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The User may remove the User’s submitted Content from the Mobile Application at any time. If the User chooses to remove his/her/their submitted Content, the license granted above will automatically expire.

Limitation of liability

1. IN NO EVENT SHALL BOOM HEALTH, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, OPPORTUNITY, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE MOBILE APPLICATION OR ANY SERVICES OFFERED BY ANY SERVICE PROFESSIONALS VIA THE MOBILE APPLICATION, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE MOBILE APPLICATION, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE MOBILE APPLICATION IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE MOBILE APPLICATION OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF BOOM HEALTH’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE MOBILE APPLICATION BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MOBILE APPLICATION; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE MOBILE APPLICATION OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF AN AGREEMENT FOR SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE MOBILE APPLICATION; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROFESSIONAL; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE MOBILE APPLICATION OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE MOBILE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BOOM HEALTH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

2. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF BOOM HEALTH, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE MOBILE APPLICATION, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO BOOM HEALTH BY THE USER HEREUNDER.

3. THE USER HEREBY ACKNOWLEDGES AND AGREES THAT BOOM HEALTH SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROFESSIONAL/PROVIDER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER. THE USER FURTHER ACKNOWLEDGES AND AGREES THAT BOOM HEALTH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN MOBILE APPLICATION USERS ENTERED INTO INDEPENDENTLY OF THE MOBILE APPLICATION.

4. THE MOBILE APPLICATION MAY CONTAIN LINKS TO THIRD PARTIES THAT ARE NOT OWNED OR CONTROLLED BY BOOM HEALTH. BOOM HEALTH DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. IN ADDITION, BOOM WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE MOBILE APPLICATION, THE USER EXPRESSLY RELIEVES BOOM HEALTH FROM ANY AND ALL LIABILITY ARISING FROM THE USER’S USE OF ANY THIRD-PARTY WEBSITES. ACCORDINGLY, IT IS STRONGLY SUGGESTED THAT THE USER READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY WEBSITE THAT THE USER ACCESSES, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE MOBILE APPLICATION.

Boom Health Disclaimers and Rights to Remove

Boom Health does not endorse any submitted Content, or any opinion, recommendation, or advice expressed therein, and Boom Health expressly disclaims any and all liability in connection with all of the User’s submitted Content. Boom Health does not permit copyright infringing activities and infringement of Intellectual Property Rights on the Mobile Application, and Boom Health will remove any data (the “Data”) or the User’s Content if properly notified that such posting or Content infringes on another party’s Intellectual Property Rights. Boom Health reserves the right to remove any Data or the User’s Content without prior notice. Boom Health will also terminate a User’s access to the Mobile Application if he/she/they is/are determined to be a Repeat Infringer. A “Repeat Infringer” is a User who has been notified of infringing activity more than twice and/or has had Content removed from the Mobile Application more than twice. Boom Health also reserves the right, in its sole and absolute discretion, to decide whether any Data or Content is appropriate and complies with these Terms and Conditions, including, but not limited to, pornography, obscene or defamatory material. Boom Health may, at any time, in its sole discretion and without prior notice, remove such Content and/or terminate a User’s access for uploading such material in violation of these Terms and Conditions.

The User acknowledges and understands that when using the Mobile Application, the User will be exposed to content from a variety of sources, and that Boom Health is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of or relating to such content. The User further acknowledges and understands that he/she/they may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and the User agrees to waive, and hereby does waive, any legal or equitable rights or remedies he/she/they have or may have against Boom Health with respect thereto, and agrees to indemnify and hold Boom Health, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to the User’s use of the Mobile Application.

The User is solely responsible for the photos, profiles and Content, including, without limitation, Content that that the User publishes or displays on or through the Mobile Application, or transmits to other Mobile Application users. The User understands and agrees that Boom Health may, in its sole discretion and without incurring any liability, review and delete or remove any Content that violates these Terms and Conditions, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of the Mobile Application users or others.

Indemnification & Release

THE USER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS BOOM HEALTH, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM THE USER’S USE OF, ACCESS TO, AND PARTICIPATION IN THE MOBILE APPLICATION; THE USER’S VIOLATION OF ANY PROVISION OF THE TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY; THE USER’S VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT THE USER’S CONTENT CAUSED DAMAGE TO A THIRD-PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND CONDITIONS AND THE USER’S USE OF THE MOBILE APPLICATION. IF THE USER HAS A DISPUTE WITH ONE OR MORE OTHER MOBILE APPLICATION USERS, THE USER FOREVER RELEASE BOOM HEALTH (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USER’S USE OF THE MOBILE APPLICATION AND/OR ANY CONTENT. THE TERMS AND CONDITIONS, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY THE USER, BUT MAY BE ASSIGNED BY BOOM HEALTH WITHOUT RESTRICTION.

Rules For Service Professionals

Subject to any exceptions set forth in these Terms and Conditions or additional policies, if any, Service Professionals shall not: (a) list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering; (b) misrepresent the location at which they will provide a Service; (c) include brand names or other inappropriate keywords in their profile, offer, feedback, or any other title or description relating to a Service; (d) use misleading titles that do not accurately describe the Service; or (e) include any information in their profile that is fraudulent. If a Service Professional violates any of the above-referenced rules in connection with their posting, Boom Health, in its sole discretion, may take any of the following actions: (a) cancel the posting; (b) limit the Service Professional’s Account privileges; (c) suspend the Service Professional’s Account; (d) cause the Service Professional to forfeit any fees earned on a cancelled posting; and/or (e) decrease the Service Professional’s status earned via the feedback page.

Licenses To Perform Services

The Service Professionals represent and warrant that they possess the necessary licenses to perform any of the Services that they list on the Mobile Application as required by the laws and regulations of the competent jurisdictions wherein the Services are performed.

Termination or Modification of Mobile Application

Boom Health reserves the right, in its sole discretion, at any time and from time to time to modify or discontinue, temporarily or permanently, the Mobile Application (or any parts thereof) with or without notice. The User agrees that Boom Health shall not be liable to the User or to any Third-Party for any modification, suspension or discontinuance of its services.

Termination

The User hereby acknowledges and agrees that Boom Health, in its sole and absolute discretion, has the right, but has no obligation to delete, terminate, or deactivate the User’s Account, block the User’s email or IP address, cancel the Mobile Application or otherwise terminate the User’s access to or participation in the use of the Mobile Application (or any parts thereof), or remove and discard any Content on the Mobile Application (“Termination of Service”), immediately and without notice, for any reason, including without limitation, Account inactivity or if Boom Health believes or has reason to believe that the User has violated any provision of the Terms and Conditions.

Termination by the User

The User may cancel his/her/their use of the Mobile Application and/or terminate the Terms and Conditions with or without cause at any time by following the link in the User’s Account under “Account Preferences” to “Deactivate Account”.

Effect of Termination

Upon termination of the User’s Account, the User’s right to participate in the Mobile Application, including, but not limited to, the User’s right to offer or purchase Services and the User’s right to receive any fees or compensation, such as referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. The User acknowledges and agrees that the User’s right to receive any fees or compensation hereunder is conditional upon the User’s proper use of the Mobile Application, adherence to these Terms and Conditions, the User’s continuous activation of his/her/their Account and permitted participation in the Mobile Application. In the event of the Termination of Service, the User’s Account will be disabled, and he/she/they may not be granted access to his/her/their Account, or any files or other data contained in his/her/their Account. Notwithstanding the foregoing, residual data may remain in Boom Health’s system.

In the event of the Termination of Service, unless Boom Health has previously cancelled or terminated the User’s use of the Mobile Application (in which case subsequent notice by Boom Health shall not be required), if the User has provided a valid email address or phone number during registration, Boom Health shall notify the User via email or phone number of any such termination or cancellation, which shall be effective immediately upon Boom Health’s delivery of such notice. Upon Termination of Service, all licenses granted to the User hereunder shall immediately terminate and the User shall promptly destroy all copies of Boom Health’s data, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, marks (the trademarks, service marks and logos contained therein) and other content in the User’s possession or control. The User hereby acknowledges and agrees that Boom Health shall not be liable to the User or any third party for any termination of the User’s access to the Mobile Application. Upon Termination of Service, Boom Health retains the right to use any data collected from the User’s use of the Mobile Application for internal analysis and archival purposes, and all related licenses the User has granted Boom Health hereunder shall remain in effect for the foregoing purpose. In no event is Boom Health obligated to return any submitted Content to the User. The User agrees to indemnify and hold Boom Health, its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Service.

Fee Payments and Refunds

  • Users shall contract directly for Services with Service Professional on the Mobile Application. The Mobile Application facilitates these contracts by supplying a medium through which Service Users can connect with Service Professionals, schedule certain Services, and make payments for certain Services (“Payments”). Users acknowledge and agree that Boom Health is not and shall not be a party to any contracts for Services.
  • Boom Health shall charge a fee from the total amount paid by Users to Service Professionals for each respective Service booked and performed through the Mobile Application (“Mobile Application Utilization Fee”). The Mobile Application Utilization Fee shall be deducted by Boom Health from the total amount received by a Service Professional from a User for each Service.
  • Visa or MasterCard debit and credit cards in United Arab Emirates Dirhams are acceptable modes for payment. Users are obligated to pay for the Services they order through the Mobile Application in advance or in certain cases, in cash. Prior to the scheduled Service, Boom Health shall charge the User’s credit card according to the amount the User has agreed to on the Mobile Application with respect to those Services, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Service. The User hereby authorizes Boom Health to charge the credit card on file in the User’s Mobile Application account for such amounts. Once payment is made, Boom Health shall send a confirmation notice to the User via e-mail within 24 hours of receipt of payment. Boom Health will use third party services to process credit card information. By accepting this Agreement, the User is giving Boom Health (or a third-party payment processor on Boom Health’s behalf) permission to charge his/her/their credit card, debit card, or other approved methods of payment for fees that he/she/they owe Boom Health. All information that the User provides in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. Boom Health retains the right, in its sole discretion, to place a hold on the User’s credit card for an ordered or completed Service transaction. Users must retain a copy of their transaction records.
  • For Services paid by Users to Service Professionals in cash, Service Professionals are required to pay the Mobile Application Utilization Fee to Boom Health within fourteen (14) days from the date of completion of the Service.
  • All payments by Users must be made through the Mobile Application. No refunds or credits will be provided once the User has paid for the Service or the User’s credit card has been charged, except in extenuating circumstances and at the sole discretion of Boom Health. Any refunds or credits will be processed by Boom Health within fourteen (14) days and shall be issued only through the original mode of payment.
  • While Boom Health uses commercially reasonable efforts to ensure the security of all credit card and all other personal information, Boom Health expressly disclaims any liability for any damage that may result should any information be released to any third parties, and the User agrees to hold Boom Health harmless for any damages that may result therefrom.

Refund Policy

It is important to Boom Health that Users use and book Services through the Mobile Application with confidence. Boom Health strives to ensure the quality of its Services through guaranteeing the following under its refund policy (the “Refund Policy”):

  • If the Services are not completed according to the final scope and specifications indicated on the Mobile Application, Boom Health shall work with the User and Service Provider to understand the problem and correct it to the best of its ability within a reasonable time following receipt of a Claim from the User. For the purposes of the Refund Policy, “Claim” shall mean any complaint made in writing (including but not limited to by e-mail or fax) or filed electronically with Boom Health.
  • No complete refund is allowed under the Refund Policy. The sole and exclusive remedies available to the User in the event of incomplete or defective service are set out below and are available at the sole discretion and option of Boom Health: i. Boom Health may provide the User with a complimentary service on the next order made by the User when using the Mobile Application; or ii. Boom Health may grant a discount coupon on the next order made by the User, using the Mobile Application.
  • Boom Health may, in considering the severity of the defective or incomplete Service, grant a pro-rata refund to the User, it being expressly understood that any such refund will always be partial in nature and assessed by Boom Health in its sole discretion.
  • If Boom Health’s Service Professional does not show up or arrive on time and the Service is not completed, Boom Health shall work with the User and the Service Professional to understand the problem and correct it to be best of its ability or provide a partial refund whenever applicable.
  • Whenever applicable, Boom Health shall process the refund in favor of the User either to the User’s e-wallet or as directed by the User in his/her/their Claim. The User should expect two (2) to fourteen (14) business days for the amount of the refund to his/her/their e-wallet or bank account. If no refund is received by the User within the aforementioned period, the User may report the same to Boom Health. ent.
  • While Boom Health uses commercially reasonable efforts to ensure the security of all credit card and all other personal information, Boom Health expressly disclaims any liability for any damage that may result should any information be released to any third parties, and the User agrees to hold Boom Health harmless for any damages that may result therefrom.

Refund Claim Conditions

The User can file a refund claim only when all of the following conditions are satisfied:

  • The Service was booked by the User on the Mobile Application and complete details were entered correctly by the User describing the nature of Service, name, contact details, address etc. required for performance of the Service by the Service Professional;
  • The Service was not performed according to the scope of work detailed on the Mobile Application;
  • Service appointment was completed within the last five (5) days;
  • The Service was paid for by the User; and
  • The Service was not completed due to a cause other than User’s fault, omission or negligence.

Refund Claim Restrictions and Limitations

The Refund Policy does not cover the following situations:

  • Dissatisfaction with pricing or scheduling limitations; and
  • Claims caused by prior service or other service professional who is not contracted through the Mobile Application.

Boom Health only provides a platform where the Users and the Service Professionals can be linked together and shall not be responsible or liable for any loss or damage (whether direct, indirect, special, consequential, or incidental) of any sort whatsoever incurred as the result of any transaction. For greater certainty, the maximum liability of Boom Health shall not exceed the total amount of the Mobile Application Utilization Fee actually paid by the User.

Service Terms

Agreement For Service

As a courtesy to Users and to facilitate the negotiation and confirmation of Services between Service Professionals and Users, Boom Health shall provide a general framework for negotiating and confirming the terms thereof (“Agreement for Service”). Users acknowledge and agree that (i) he/she/they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such User(s), if he/she/they so desire, to enter into a signed, written contract that addresses all of the relevant issues and memorializes the agreed upon Agreement for Service. The User should not rely on any information or resources contained in the Mobile Application, including, without limitation, the Agreement for Service, as a replacement or substitute for any professional, financial, legal or other advice or counsel. Boom Health makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a User following the information or using the resources offered or provided on or through the Mobile Application including, without limitation, the Agreement for Service. In no way will Boom Health be responsible for any actions taken or not taken based on the information or resources provided on the Mobile Application. If the User has a situation that requires professional advice, the User should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Mobile Application, however provided.

Boom Health is Not a Party to the Agreement for Service

Each User hereby acknowledges and agrees that Boom Health is not a party to any oral or written Agreement for Service, or any contract entered into by Users in connection with any Service offered, directly or indirectly, through the Mobile Application. Each User acknowledges, agrees and understands that Boom Health only seeks to provide a platform wherein the User and Service Professional can be brought together and Boom Health itself has no role in the execution or provision of Services.

No Agency or Partnership

No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions or the User’s use of any part of the Mobile Application, including without limitation, the Agreement for Service. The User does not have any authority whatsoever to bind Boom Health in any respect. All Service Professionals are independent contractors. Neither Boom Health nor any Users of the Mobile Application may direct or control the day-to-day activities of the other or create or assume any obligation on behalf of the other.

Cancellation Policy

Boom Health’s cancellation policy (the “Cancellation Policy”) is designed to protect both the User and the Service Professional in the event of a cancellation. Boom Health understands that plans can change, so it has designed a Cancellation Policy that both accommodates Users and supports Service Professionals:

  • The User may cancel the appointment at no charge within one (1) minute of creating the booking and/or up-to twelve (12) hours in advance of booking’s start time.
  • The User acknowledges that cancellation due to reasons not attributable to Boom Health such as, but not limited to, providing incorrect particulars, contact number, address, etc., or when the User is unresponsive, not reachable, or unavailable for the fulfillment of the Services, shall amount to a no-show and the late cancellation charges as mentioned in the table below will apply.
  • Late cancellation charge is applicable for any cancellation within twelve (12) hours of booking start time, since the Service Professional’s schedule is pre-planned, as per the following:
Cancellation timelineLate Cancellation Charge
12-2 hours before the booking time25% of the total amount of service fees
Less than 2 hours before the booking time50% of the total amount of service fees
On the spot cancellation or No show100% of the total amount of service fees

Reschedule Policy

Boom Health’s Reschedule Policy, as defined below, is designed to protect both the User and the Service Professionals in the event of any last-minute booking changes. Boom Health knows and understands that plans can change and has designed a reschedule option that accommodates Service Users and Service Professionals (the “Reschedule Policy”):

  • The User can reschedule the appointment at no charge up to three (3) hours in advance of the booking’s start time by contacting Boom Health’s Care Center.
  • Late reschedule charge is applicable for any booking rescheduled within three (3) hours of booking start time, since the Service Professional’s schedule is pre-planned, as per the following:
Reschedule timelineLate Reschedule Charge
Less than 3 hrs before the booking time25% of the total amount of service fees
On the spot reschedule or No show100% of the total amount of service fees

Disputes Between Registered Users

Subject to the provisions regarding disputes between Mobile Application participants in connection with feedback, the User’s interactions with individuals and/or organizations found on or through the Mobile Application, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between the User and such individual or organization. The User should take reasonable precautions and make whatever investigation or inquiries he/she/they deem necessary or appropriate before proceeding with any transaction with any third party, including without limitation, Service Professionals and Users. The User understands that deciding whether to use the Services of a Service Professional or provide Services to a User or use information contained in any submitted Content, including, without limitation, postings, offers and/or feedback, is the User’s personal decision for which the User alone is responsible. The User understands that Boom Health does not warrant and cannot make representations as to the suitability of any individual the User may decide to interact with on or through the Mobile Application and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. While Boom Health may attempt to seek information about the background of a Service Professional, either via a telephone or in-person interview, review of past work/customer feedback and/or check presence online (if available) on Facebook, personalized website, LinkedIn, Twitter etc., the User understands that Service Professionals may register themselves without having its background information verified. The User also understands that any so-called background check undertaken by Boom Health is not exhaustive to the extent to determine previous criminal antecedents and the User should make an informed decision on his/her/their own accord and keep in mind the fact that Boom Health only seeks to provide a platform wherein Users and Service Professionals have an opportunity to meet each other. NOTWITHSTANDING THE FOREGOING, THE USER AGREES THAT SINCE BOOM HEALTH ONLY SEEKS TO PROVIDE A PLATFORM WHEREIN THE USERS AND SERVICE PROFESSIONAL CAN BE BROUGHT TOGETHER, BOOM HEALTH SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT OR INDIRECT, OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE MOBILE APPLICATION, OR BETWEEN USERS OR ANY MOBILE APPLICATION USER AND ANY THIRD PARTY, THE USER ACKNOWLEDGES AND AGREES THAT BOOM HEALTH IS UNDER NO OBLIGATION TO BECOME INVOLVED IN SUCH DISPUTE. IN THE EVENT THAT A DISPUTE ARISES BETWEEN THE USER AND ONE OR MORE OTHER USERS, OR ANY THIRD PARTY, THE USER HEREBY RELEASES BOOM HEALTH, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE MOBILE APPLICATION OR ANY SERVICE PROVIDED THEREUNDER.

Disclaimer of Warranties

THE USER AGREES THAT HIS/HER/THEIR USE OF THE MOBILE APPLICATION SHALL BE AT HIS/HER/THEIR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BOOM HEALTH, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS MOBILE APPLICATION, THE SERVICES OFFERED ON OR THROUGH THIS MOBILE APPLICATION, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS MOBILE APPLICATION, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS PLATFORM OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS MOBILE APPLICATION, THE SERVICES OFFERED ON OR THROUGH THIS MOBILE APPLICATION, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS MOBILE APPLICATION IS PROVIDED TO THE USER ON AN “AS IS,” “AS AVAILABLE” AND “WHEREIS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. BOOM HEALTH DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE MOBILE APPLICATION OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF BOOM HEALTH’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE MOBILE APPLICATION BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MOBILE APPLICATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE MOBILE APPLICATION OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MOBILE APPLICATION. BOOM HEALTH DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MOBILE APPLICATION OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. BOOM HEALTH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHOULD USE HIS/HER/THEIR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Severability

All rights and restrictions contained in these Terms and Conditions may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms and Conditions illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms and Conditions shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Governing Laws & Dispute Resolution

The formation, interpretation, and performance of these Terms and Conditions and any disputes arising out of it shall be governed by the Federal Law of United Arab Emirates. Any disputes or claims arising out of or in connection with these Terms and Conditions, including any non-contractual rights or obligations arising out of or in connection with these Terms and Conditions shall be referred to Dubai International Arbitration Centre and finally resolved by arbitration under the DIAC Arbitration Rules in force on the date of the submission of the request for arbitration (the “Rules”), which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be three (3). The seat, or legal place, of arbitration shall be Dubai, UAE. The language to be used in the arbitration shall be English.

Changes and Amendments

Boom Health reserves the right to modify these Terms and Conditions or its terms relating to the Mobile Application and Services at any time, effective upon posting of an updated version of these Terms and Conditions in the Mobile Application. When Boom Health modifies these Terms and Conditions, it shall revise the updated date at the end of this document. Continued use of the Mobile Application and Services after any such changes shall constitute the User’s consent to such changes.

Entire Terms and Conditions

The Terms and Conditions, together with the Privacy Policy and any other legal notices or additional policies published by Boom Health on the Mobile Application, shall constitute the entire agreement between the User and Boom Health concerning the use of the Mobile Application. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any provision of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Boom Health’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

Section Headings

The section headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.

Acceptance of These Terms

The User hereby acknowledges that he/she/they have read and agrees to these Terms and Conditions. By accessing and using the Mobile Application and Services, the User agrees to be bound by these Terms and Conditions. If the User does not agree to abide by these Terms and Conditions, the User shall not be authorized to access or use the Mobile Application and Services.

Contact

For any questions or concerns regarding these Terms and Conditions, please contact support@boomhealth.ae.