REGULATIONS FOR USING THE BOOSTE.COM PLATFORM
- Platform – Booste software and service, operated by Booste and distributed under the name “Booste”, available on the Internet in the domain https://booste.com/. The platform is intended for Customers to use the Services offered by Booste.
- Booste – a company under the name Booste S.A. with its registered office in Szczecin (71-064) al. Piastów 22, entered into the National Court Register kept by the District Court Szczecin – Centrum in Szczecin under the number KRS 0000869373, NIP: 8522666699, REGON: 387112160, share capital PLN 267,852 paid in full.
- Customer -a business entity that has created an Account on the Platform in order to use the Services offered by Booste, while the entity registered or based in the country indicated in Annex 1 must meet the additional criteria indicated in the annex next to the name of the relevant country in order to become a Customer.
- Account – a part of the Platform along with a set of IT solutions that allow logged-in Customers to use the Services.
- License – a non-exclusive, free license granted to Customers to use the Platform by logging in to it and using its Services.
- Payment Card Issuer – a company duly authorized to operate, providing payment services related to the Service for Customers.
- Regulations –these regulations of the Platform.
- Registration – a multi-stage process consisting in creating an Account on the Platform. This activity is performed by filling in the appropriate registration form in accordance with the given field descriptions of the form, and then approving this form. During the registration process, the Customer will be able to log in to the System via the Account.
- Service – providing Customers with financing by way of a loan to enable them to scale the growth of their online stores, with the proviso that the funds made available to the Customer may only be used to finance the purchase of goods sold as part of the Customer’s online store or marketing campaigns aimed at increasing the short-term sale of products or services offered by the Customer.
- Agreement – a loan agreement, with the proviso that the funds made available to the Customer can be used only for the purposes indicated in its body and falling within the purposes of the Service.
- Marketing system – a system used by the Customer as part of his business, used to monitor the effectiveness of marketing campaigns.
- Store system – a system used by the Customer as part of his business, used to conduct and monitor sales.
- Payment system – a system used by the Customer as part of his business, used to collect and monitor received payments.
- Customer’s Systems – Customer’s systems described in point 1.11-1.13 above.
- INTRODUCTORY PROVISIONS
- The Regulations define the terms and conditions for the provision of electronic services by Booste via the Platform, in particular the terms and conditions of using the Platform by Customers.
- These regulations apply to the extent that they do not contradict the provisions of the Agreement concluded between Booste and the Customer.
- You can contact Booste by e-mail to the following address: [email protected] or by letter to the following address: WeWork Hotel Europejski, Krakowskie Przedmieście 13, 00-071 Warsaw.
- Booste, in order to enable Customers to use the Platform, grants Customers a non-exclusive, non-transferable, granted for the duration of the use of the Platform, without territorial limitation, taking into account the extraterritorial nature of the Internet, a License to use the Platform. The above License entitles Customers to only temporarily reproduce the Platform by displaying it in a web browser in order to use it only in accordance with its purpose and functionality specified in the Regulations. Customers are not entitled to any other rights, including intellectual property rights, in addition to those expressly indicated in the Regulations, in particular, the Customers are not entitled to any use of the Platform’s source codes. Customers acknowledge that failure to comply with the above obligation may result in a breach of Booste’s proprietary copyrights to the Platform and the Customer being held legally liable in this respect.
- CREATING AN ACCOUNT
- The account is created by the Customer through Registration.
- Registration takes place via the registration form available on the Platform’s website.
- After completing the registration form, you must confirm the Registration by clicking on the link sent to the e-mail address provided by the Customer during Registration.
- After confirming the Registration, the Customer will receive access to the created Account.
- In order to use the Services offered on the Platform, it is necessary to connect the Customer’s System by connecting at least one Store system, at least one Marketing system and, optionally, the Payment system in order for Booste to verify the possibilities and terms of cooperation
- In order to start cooperation with Booste, the Customer is asked to indicate the parameters of financial cooperation, i.e.
- amount of the loan, which he would like to obtain from Booste;
- frequency of calculating loan instalments;
- purpose of the loan.
- In order to verify the correctness of the data provided in the registration form, the Customer is obliged to send the registration documents, data of persons representing the Customer and necessary additional documents indicated by Booste via the Platform.
- The Customer is obliged to provide complete and truthful company data, personal data and other data required during Registration, as well as checking and updating them without any requests from Booste.
- The Customer may have only one Account on the Platform for each online store he runs
- TYPES AND SCOPE OF SERVICES.
- Booste grants loans to Customers in order to enable them to purchase goods sold as part of the Customer’s online store activity or marketing or public relations services.
- The Customer is obliged to use the funds received from Booste only for the purchase of goods sold as part of the Customer’s online store or for the financing of marketing campaigns on specific platforms such as Google, Instagram, Youtube or Facebook or the services of PR agencies and marketing agencies in connection with the use of their services in the area of marketing. The transfer of funds under the Agreement may take place by payment of a VAT invoice issued to the Customer or by providing funds to cover transactions made by the Customer using a payment card issued by the Payment Card Issuer, and in special cases by transferring funds to the Customer’s bank account.
- If the Customer uses a payment card issued by the Payment Card Issuer against the granted loan, the Customer undertakes to spend the funds made available on the card only for the purpose of paying for the purchase of goods sold as part of the Customer’s online store or for marketing campaigns in accordance with the Agreement.
- The Customer authorizes Booste to monitor payments made via the payment card, by accessing the information about these payments held by the Payment Card Issuer.
- Method of settlement and examination of financial capacity (connection to systems, method of calculating remuneration)
- On the basis of integration with the Customer’s Systems, Booste collects historical figures (Booste does not collect any personal data at this stage) of the Customer’s online store. This data is used to analyze the business effectiveness, including the marketing of the Customer’s online store, identify risks and, as a result, its growth potential. This is done by calculating a number of key performance indicators, comparing them with benchmarking values and forecasting future revenues. Additionally, Booste obtains economic information on the Customer’s payment credibility from economic information bureaus. This information is necessary to carry out the review of the Customer’s financial capacity.
- The decision on the possibility of cooperation is made based on the analysis of data from the Customer’s Systems, predefined Customer preferences, information obtained from economic information bureaus and provided documents. In the event of a positive decision, Booste will present the Customer with an initial offer of the Services. At this stage, Booste may grant the Customer an additional option to change some of the parameters of the offer. Prior to signing the Agreement with Booste, an online meeting / interview with a Booste advisor may be required to ensure that all elements of the Service are well understood by the Customer.
- Booste receives remuneration for the provided Service in the form of a commission in the amount and on the terms agreed in the Agreement.
- The amount of the loan depends on factors such as the evaluation of the results of the analysis of data from the Customer’s Systems, evaluation of business and marketing efficiency, evaluation of the growth potential and evaluation of the risk of Booste providing the Service to a given Customer.
- Based on the data received from the Customer, the loan offer is determined, as well as the remuneration that Booste charges in connection with granting the financing.
- Funding can be provided in different currencies. The dominant ones are PLN, EUR, GBP, USD. Repayment is always made in the same currency in which the financing is granted.
- The loan is repaid by transferring the instalment amount calculated in accordance with the Agreement to the Booste account within 2 business days from the date Booste provides via the Platform information on the amount of the instalment for a given payment period (the payment can also be made via direct debit directly from the payment gateway serving the Customer or otherwise automated way).
- The Customer is obliged to make the Customer’s Systems available to Booste for the entire term of the Agreement in order to monitor and determine payments in accordance with the Agreement.
- GENERAL INFORMATION ABOUT THE CONTRACT WITH BOOSTE
- The Agreement concluded between Booste and the Customer is a loan agreement.
- The Agreement will be individually adapted to each Customer based on the data provided during Registration and data downloaded from the Customer’s Systems.
- The Agreement is concluded in the electronic system through its acceptance by an authorized person. After concluding the Agreement, a copy of it will be sent to the Customer to the e-mail address provided during Registration.
- The Agreement is concluded for the period specified therein, and the loan granted on its basis is non-revolving, while Booste and the Customer can conclude further loan Agreements regardless of whether the previous loan has been repaid, provided that the circumstances and situation of the Customer will, in the opinion of Booste, justify providing further financing.
- The Customer and Booste may terminate the Agreement in accordance with its terms, which requires the full repayment of obligations and mutual settlement of the parties.
- THE CUSTOMER’S OBLIGATIONS AND RESPONSIBILITIES IN CONNECTION WITH THE USE OF THE PLATFORM
- The Customer undertakes that:
- by entering data into the Platform, he will be entitled to do so and his actions do not violate the rights of third parties;
- all information and data provided by the Customer on the Platform will be true;
- will use the Platform only in a manner consistent with its intended use and the Regulations;
- will not post on the Platform, including on the Account, content (information, photos, etc.) that violates the law, pornographic content, content contrary to decency or violates the rights of third parties (including personal rights), the principles of fair competition or the provisions of the Regulations – in in the event of violation of the above-mentioned obligations, Booste is entitled to delete data or other content posted by the Customer on the Platform, temporarily block or delete the Customer Account;
- will not copy, modify, distribute or reproduce all or part of the Platform other than in accordance with the License;
- it will not give third parties access to the Platform – the Customer is solely responsible for the confidentiality and security of his Account, including the confidentiality of passwords and logins;
- will immediately inform Booste about any unlawful use of his Account or the payment card made available to him by third parties;
- will not create more than one Account per one store;
- will immediately inform Booste if third parties pursue claims against it in connection with the violation of the law by the Customer in connection with the use of the Platform;
- he will not, in any way other than for the purpose of using the Platform, process or use any personal data that may be made available to him when using the Platform.
- The Customer is responsible for his actions related to the use of the Platform and for the content placed in his Account and on the Platform.
- The Customer undertakes that:
- BOOSTE’S RESPONSIBILITY
- Booste is not responsible for:
- authenticity, reliability. the correctness and completeness of data and information posted on the Platform by Customers;
- damage caused by Customers in connection with improper performance or non-performance of contracts concluded via the Platform;
- damage caused by Customers by violating the rights of third parties;
- damages caused by the actions of third parties, for which Booste is not responsible;
- damages suffered by Customers in connection with blocking or removing the Account from the Platform due to the violation of the provisions of the Regulations or generally applicable law by the Customer;
- damage caused by lack of action or incorrect operation of the Customer;
- services provided by the Payment Card Issuer, in particular for delays in the transfer of funds caused by the Payment Card Issuer.
- Booste is entitled to fully or partially disable the functionality of the Platform in order to repair or modernize it. In the event of a complete shutdown of the Platform, an appropriate message will be published on the Booste website.
- Booste, in accordance with Art. 14 of the Act of July 18, 2002 on the provision of electronic services:
- is not responsible for the stored data, if it is not aware of the unlawful nature of the data or related activities, and in the event of receiving an official notification or obtaining reliable information about the unlawful nature of the data or related activities, it will immediately prevent access to the data;
- if he receives an official notification of the unlawful nature of the stored data provided by the Customer and prevents access to this data, he shall not be liable to the Customer for any damage resulting from preventing access to this data;
- Booste is not responsible for:
- COMPLAINTS ABOUT INCORRECT OPERATION OF THE PLATFORM
- Irregularities in the operation of the Platform may be advertised by Customers by appropriate notification to Booste.
- Complaints regarding the operation of the Platform should be reported via e-mail to the following e-mail address: [email protected]
- Booste reserves the right to request the claimant to provide information or explanations when it is required to recognize the complaint.
- The complaint will be considered within 30 days of its receipt.
- The response to the complaint will be sent to the e-mail address assigned to the Account of a given Customer or to the address indicated in the complaint submitted in writing.
- TECHNICAL REQUIREMENTS
- In order to use the Platform on a computer, it is necessary to have devices that allow access to the Internet, e-mail and a web browser. Using the Booste Services via the Platform requires an active internet connection. The Customer, on his own and on his own responsibility, should ensure that the technical requirements are met. The purchase of equipment enabling Internet access and the costs of Internet connection are borne entirely by the Customer.
- Particular threats related to the use of the Platform by Customers include providing access data to unauthorized persons who may intentionally change the configuration of the Customer Account. Therefore, it is recommended to keep the passwords to the Customer Account secret.
- FINAL PROVISIONS
- Booste reserves the right to change the Regulations. The changes will be published in the form of a uniform text together with information about their making on the Platform.
- Booste will notify the Customer about the change to the Regulations by e-mail sent to the e-mail address associated with the Customer Account or by internal correspondence addressed to the Customer directly to the Account in the System, 14 days before their entry into force. The Customer may not accept the changes to the Regulations and in this case, he has the right to request the removal of the Account by submitting an appropriate statement in writing or in a documentary form within 14 days from the date Booste notifies about the change in the Regulations.
The Regulations enter into force on 22nd of October 2020.
APPENDIX NO. 1
|COUNTRY||ADDITIONAL REQUIREMENTS TO OBTAIN CUSTOMER STATUS|
|Great Britain||The Customer shall be established in one of the following corporate organizational forms: |
– limited liability company (LLC),
– public limited company (PLC),
– limited liability partnership (LLP)
|Ireland||The Customer must be a corporation registered in Companies Registration Office of Ireland|