1. By registering as a user of our site, you acknowledge that you are 18 years of age and over, you confirm that you have read and that you understand these general and any user specific terms and conditions of use, and that you expressly agree to observe and comply with them. If you do not agree to observe and comply with these terms and conditions, you must not use this site. We may review these terms and conditions of use at any time.
2. By using this site, you are entering into this contract with BOOM BOOM Limited t/a BOOM! (also referred to as "Us", "We" or "Our").
3. These general and specific terms and conditions of use refer to the following additional terms, which also apply to your use of Our site:
Our Privacy Policy, which can be viewed here;
Our Cookie Policy which sets out information about the cookies on Our site, which can be viewed here.
4. The content of the pages of this site are for your general information and use only. It is subject to change without notice. We do not guarantee that this site, or its content, will always be available. We may suspend, withdraw, or restrict the availability of all or any part of Our site for business and operational reasons at any time and for as long as deemed necessary.
5. Although reasonable efforts to update the information on this site are made, We make no representations, warranties or guarantees, whether express or implied that the site content is accurate, complete, or up to date. We expressly exclude any liability and shall be kept perpetually indemnified and held harmless by you to the fullest extent permitted by law for any such inaccuracies or errors.
6. We do not guarantee that Our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your Own virus protection software. You must not misuse Our site by knowingly introducing viruses, trojans, worms or other materials that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our site, the server on which Our site is stored, or any server, computer or database connected to Our site. You must not attack Our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would be committing a criminal offence under the Computer Misuse Act 1999. We will report any such breach to the relevant law enforcement authorities, and We will cooperate with these authorities by disclosing your identity to them. In the event of such a breach, your right to use Our site will immediately cease.
7. Your use of any information or materials on this site is entirely at your own risk, for which We or our agents shall not be liable. It shall be your sole responsibility to ensure that any services, data, or information available through this site meet your specific requirements and that it is true and correct; this includes developer profiles.
8. This site contains material which is owned by or licensed to Us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited, and you must not use any part of its content for commercial purposes outside of this site.
9. All trademarks reproduced in this site which are not Our property or licensed to Us are acknowledged on the site.
10. Any personal information you provide will only be used as set out in Our Privacy Policy. By using this site, you consent to the processing of your personal data in accordance with this policy and warrant that all data provided by you is accurate.
11. Unauthorised use of this site may give rise to a claim for damages, lead Us to prohibit your future use of the site and/or be a criminal offence.
12. Where this site contains links to other third party sites or their data and resources, such links and/or data is provided for your information only. Such links and/or data should not be interpreted as approval by Us of those linked sites, their data or information you may obtain from them.
13. The data We include with a development opportunity is provided in good faith and is sourced from:
PropertyData for all ‘market data’. You can find their specific terms and conditions of use here
Historic England for all local historic buildings. You can find their specific terms and conditions of use here;
HM Land Registry for all land and property ownership details and overlaid title boundaries. You can find their specific terms and conditions of use here;
Google LLC for satellite view. You can find their specific terms and conditions of use here;
Mapbox for terrain view. You can view their specific terms and conditions of use here;
Environment Agency for flood map view. You can view their specific terms and conditions of use here.
14. The data We include in the search map is provided in good faith and is sourced from:
Google LLC for satellite view. You can find their specific terms and conditions of use here;
Mapbox for terrain view. You can view their specific terms and conditions of use here;
Greater London Authority for GLA data. You can view their specific terms and conditions of use here.
15. From time to time you agree to receive marketing emails from Us regarding updates to the site, including new features and development opportunities. You agree to manage receipt of such emails via your preferences.
16. As a marketplace model Our site allows users to network, to connect, to create groups or teams, to communicate directly or via forums and to share information including user and company profiles, what you and your businesses do, as well as documentation, information and data relating to development opportunities. With the sole exception of information that We expressly identify as limited to certain third parties, you consent to the information you record on the site being seen and used by others so that they may connect with you. You agree to maintain the accuracy of your information and to being contacted through the site by others.
17. We reserve all Our intellectual property rights in the site.
18. You will not:
create a false profile on Our site, misrepresent your identity, create a profile for anyone other than yourself, or use or attempt to use another user account;
disclose information that you do not have consent to disclose (such as confidential information of others (including your employer));
imply or state that you are affiliated with or endorsed by Us without Our express written consent;
violate Our intellectual property rights or other rights including, without limitation:
copying or distributing Our learning videos, blog articles, case studies or other materials;
copying or distributing Our published development opportunities for the purposes of registering them to other online platforms/sites;
copying or distributing Our technology unless it is licensed or released under open source licences;
engage in "framing" or "mirroring", or otherwise simulating the appearance or function of the services Our site provides.
19. You understand and accept that We are not responsible for the determining any specific terms and conditions associated with the procurement of offers.
20. Following the registration of a development opportunity to the site, We shall appoint a BOOM! Agent who shall, within a reasonable timeframe, review that registration to determine its compliance with Our minimum standards. During this period, opportunities are referred to as ‘staged’ opportunities. If, for any reason, your BOOM! Agent considers it necessary to discuss aspects of the staged opportunity with the party responsible for its registration, they will contact the party via its recorded contact details. Once a staged opportunity has been approved by the BOOM! Agent, we will, via the site, seek your final approval before publishing the opportunity to the site. Notwithstanding its compliance with our minimum standards, We reserve all rights not to publish any staged development opportunity.
21. The appointed BOOM! Agent will have access to the “Primary discussion” thread of the expression of interest associated with a development opportunity and, in accordance with these terms and conditions, they have authority to engage with the parties to maintain transparency and appropriate levels of communication with a view to progressing deals to their satisfactory conclusion. For the purposes of progressing a deal, they also have authority to engage with the parties through their private email addresses and/or phone numbers as they determine fit.
22. Prior to receiving further information you may be required to:
sign a non-disclosure statement;
disclose the intended recipients.
23. Us and our BOOM! Agents shall be perpetually indemnified and held harmless by you to the fullest extent permitted by law from any claims, actions and/or proceedings of any kind whatsoever including negligence that result from your use of this site.
24. Your use of this site and any dispute arising out of such use is subject to the laws of England.
25. When using this site as a developer you, the company you represent, and/or its affiliates (hereafter referred to as “you”) expressly agree and accept as further terms and conditions to those general terms and conditions the following:
26. That a landowner may represent themselves, may be represented by a land agent or have agreed to appoint a BOOM! Agent to represent them during negotiations. For the avoidance of doubt, and in this section hereafter, both the land agent and the BOOM! Agent shall be referred to as their “agent”.
27. By expressing interest in a development opportunity, you acknowledge Our introduction of you to the landowner and/or their agent and that prior to Our introduction you had no previous knowledge of the development opportunity.
28. You agree that all formal offers, including outline, amended, revised or firmed offers, must be submitted through the “submit offer” button included on the “Milestones” tab of the expression of interest associated with a development opportunity. You also agree that offers not submitted in this manner do not constitute a formal offer.
29. Any expression of interest that leads to the formal execution of a contract and/or agreement between you and the landowner and/or their agent, or any entity associated in any way whatsoever with you, such as a shelf company, a special purpose vehicle, a shareholder agreement, an affiliate or any other entity as the case may be, and in exchange for Our introduction of you to the landowner and/or their agent, and in the absence of a specific commission fee agreement, you warrant that you shall become liable to Us for a commission fee (plus any applicable VAT) equal to 2% of the value of the sum projected as payable (highest projection) to the landowner and/or their agent as part of that particular contract and/or agreement, and that the sum (plus any applicable VAT) is due and payable by you to Us as follows. In the case of:
an unconditional offer, within 30 days of exchange of contract and/or formal agreement of terms;
a conditional offer, 25% of the 2% commission fee shall be paid within 30 days of exchange of contract or formal agreement of terms with the remaining 75% of the 2% commission fee payable within 30 days of successful fulfilment of its terms;
a joint venture agreement, 25% of the 2% commission fee shall be paid within 30 days of exchange of contract or formal agreement of terms with the remaining 75% of the 2% commission fee payable within 30 days of securing a granted decision notice (including mindful to grant).
30. Amounts not paid in accordance with clause 29 shall constitute a breach of contract with overdue amounts accruing interest at a rate of 8% plus the Bank of England base rate. We can recover any unpaid amounts (and associated interest) as a debt due.
31. The landowner or their agent are entitled to set terms and conditions associated with the procurement of offers from the market. They reserve the right to change those terms and conditions as and when they see fit, including the bringing forward or extending of any dates for submission and, in doing so, they (and Us) shall be kept perpetually indemnified and held harmless by you to the fullest extent permitted by law from any claims, actions and/or proceedings of any kind whatsoever including negligence that result or originate from their conduct and/or management of that process.
32. When a contract and/or agreement for a development opportunity is entered into, and irrespective of the absence of any direct request by Us, you are duty bound, within 10 days, to provide all relevant information to Us in writing and through the site to allow Us to properly manage the preparation and submission of Our commission fee invoice(s) including but not limited to proper evidence of any and all sums payable or projected as payable under the terms of the contract and/or agreement, important milestone dates, entities created under the terms of the contract and/or agreement, relevant taxation details et cetera. You will provide all further information of a reasonable nature that We believe We require to accurately prepare Our commission fee invoice(s).
33. Prior to submitting a formal offer and if requested by you, the landowner or their agent shall work in good faith with you to agree a specific commission fee agreement on terms that differ from those contained herein however, a landowner or their agent is not in any way duty bound to do so and can opt out at any point in time without incurring any liability of any kind whatsoever. If a specific commission fee agreement is not expressly agreed in writing, you accept the commission fee terms as set out in clause 29.
34. All communication between you and a landowner and/or their agent regarding a development opportunity is to take place within the “primary discussion” thread of the expression of interest associated with a development opportunity.
35. A landowner and/or their agent is not duty bound to accept and/or recommend the lowest formal offer or any formal offer received in relation to a development opportunity.
36. We agree not to pursue your contacts that engage with Us through you in their pursuit of our development opportunities.
37. When using this site as a land agent you, the company you represent, and/or its affiliates (hereafter simply referred to as “you”) expressly agree and accept as further terms and conditions to those general terms and conditions the following:
38. That a landowner may represent themselves, may be represented by a land agent or have agreed to appoint a BOOM! Agent to represent them during negotiations. For the avoidance of doubt, in this section hereafter, and except for circumstances dictating specific use, both the land agent and the BOOM! Agent shall be referred to as their “agent”.
39. By expressing interest in a development opportunity, you acknowledge Our introduction of you to the landowner and/or their agent and that prior to Our introduction you had no previous knowledge of the development opportunity.
40. You agree that all formal offers, including outline, amended, revised or firmed offers, must be submitted through the “submit offer” button included on the “Milestones” tab of the expression of interest associated with a development opportunity and that they must be made on formal letterhead of the company making that formal offer. You also agree that offers not submitted in this manner do not constitute a formal offer.
41. Any expression of interest that leads to the formal execution of a contract and/or agreement by you and/or the entity you represent or any entity associated in any way whatsoever with you or the entity you represent, such as a parent company, a shelf company or a special purpose vehicle, a shareholder agreement, an affiliate or any other entity as the case may be shall cause you to become duty bound to Us, irrespective of the absence of any direct request by Us, and within 10 days, to provide all relevant information to Us in writing and through the site to allow Us to properly manage the possible preparation and submission of Our commission fee invoice(s) including but not limited to proper evidence of any and all sums payable or projected as payable under the terms of the contract and/or agreement, important milestone dates, entities created under the terms of the contract and/or agreement, the purchasing entity and all relevant taxation details. You will provide all further information of a reasonable nature that We believe We require to accurately prepare Our commission fee invoice(s).
42. Any specific terms and conditions including those of a specific commission fee agreement that differ from these terms and conditions must be expressly agreed in writing with Us through the site prior to the making of the formal offer and must be expressly set out in writing as part of that submitted offer.
43. Prior to submitting a formal offer, and if requested by you, Our agent shall work in good faith to agree with you a specific commission fee agreement on terms that differ from those contained herein however, Our agent is not in any way duty bound to do so and can opt out at any point in time without incurring liability of any kind whatsoever. If a specific commission fee agreement is not expressly agreed in writing, you accept the commission fee terms as set out in clause 44.
44. Subject to the events of clause 41 occurring, and any specific commission fee agreement reached in accordance with clause 43, you warrant that you shall become liable to Us of a commission fee (plus any applicable VAT) equal to 1% of the value of the sum projected as payable (highest projection) to the landowner as part of that particular contract and/or agreement, and that the sum is due and payable by you to Us as follows. In the case of:
an unconditional offer within 30 days of exchange of contract or formal agreement of terms;
a conditional offer, 25% of the 1% commission fee shall be paid within 30 days of exchange of contract or formal agreement of terms with the remaining 75% of the 1% commission fee payable within 30 days of successful fulfilment of its terms;
a joint venture agreement, 25% of the 1% commission fee shall be paid within 30 days of exchange of contract and/or formal agreement of terms with the remaining 75% of the 1% commission fee payable within 30 days of securing a granted decision notice (including mindful to grant).
Your obligation to make payment to Us of Our fee is not subject to you first being paid by the entity that has entered into a contract and/or an agreement.
45. Amounts not paid in accordance with clause 44 shall constitute a breach of contract with overdue amounts accruing interest at a rate of 8% plus the Bank of England base rate. We can recover any unpaid amounts (and associated interest) as a debt due.
46. When registering a development opportunity to Our site you will:
use the site solely for its intended purpose;
only register development opportunities for which you are either direct to the landowner or direct to their mandate and you have sought and received or cited the landowner’s instruction/agreement to act on their/its behalf. Regarding your agreement to work with the mandate, that agreement includes the use of this site, is in writing and was entered into with those that possess the authority to enter such an agreement;
undertake a suitable level of due diligence with respect to the development opportunity to comply with the requirements of these terms and conditions and this clause in particular;
based on your due diligence register development opportunities accurately and free from any misleading, deceptive or incorrect information;
elect to either self-manage the development opportunity or appoint a BOOM! Agent.
47. When electing to self-manage a development opportunity on Our site you will:
abide by the same obligations of clause 52(a);
conduct yourself in a professional, courteous and transparent manner consistent with these general and specific terms and conditions, in particular clause 52(b) (substituting “landowner managed” for “land agent managed”) and clause 52(c), our policies and in the general interest of all parties involved;
regularly and diligently engage with developers, landowners and other interest parties to transact on deals;
properly and regularly engage with the relevant landowner or their agent to secure and provide Us with the relevant information We need, including but not limited to the contract and/or agreement, evidence of any and all sums payable or projected as payable under the terms of the contract and/or agreement, important milestone dates, entities responsible for payment of fees and all relevant taxation details to assist Us in determining a developer and/or land agent’s liability to pay Our commission fee. Failure to comply will cause you to become liable to Us for the commission fee (refer clause 29) that we otherwise may have been entitled to. Determining your liability, and the associated sum payable by you to Us borne of that liability, will be based on the transfer of ownership details next published by HM Land Registry and the associated sum paid following the date of publication of the development opportunity on Our site;
perpetually indemnify and hold harmless to the fullest extent permitted by law Us and Our agents from any claims, actions and/or proceedings of any kind whatsoever including negligence that result and/or originate from your conduct and/or opinion as a land agent when conducting business through Our site;
take out and maintain suitable insurance to protect against any claims, actions or proceedings;
within a timeframe not exceeding 10 days, you shall archive or delete your development opportunity when no longer available to the market;
permit Us to manage the invoicing of the commission fee.
48. Regarding development opportunities registered by you but managed by an appointed BOOM! Agent, and subject to the payment terms of clause 29 or the payment terms of any specific commission fee agreement, We agree to pay you 40% of the overall commission fee following Our receipt of the “remaining” payment by the relevant entity and within 30 days of Our receipt from you of a properly prepared invoice.
49. Regarding development opportunities registered by you and self-managed, and subject to the payment terms of clause 29 or the payment terms of any specific commission fee agreement, We agree to pay you 50% of the overall commission fee following Our receipt of the “remaining” payment by the relevant entity and within 30 days of Our receipt from you of a properly prepared invoice.
50. When using this site as a landowner you expressly agree and accept as further terms and conditions to those general terms and conditions the following:
51. With the sole exception of a developer represented by, or introduced through a land agent, you shall refer any developer attempting to make direct contact with you back to Our site for the purposes of expressing their interest in your development opportunity.
52. With respect to engaging with a developer and/or land agent through the site, and in the capacity of “landowner managed” development opportunities you shall:
either approve or decline developers and/or land agents expressing their interest in working with you within 7 days of the receipt of their expression of interest;
on a regular basis engage with developers and/or land agents to progress deals to their satisfactory conclusion;
use the site for all correspondence and communication with developers and/or land agents;
within a timeframe not exceeding 10 days, archive or delete, or instruct in writing through the site your appointed BOOM! Agent to archive or delete your development opportunity or opportunities when they are no longer available to the market;
once a contract and/or agreement of any kind whatsoever is entered into with any developer and/or land agent and within a timeframe not exceeding 10 days from the date that contract and/or agreement was entered into, inform in writing through the site your appointed BOOM! Agent of the specific details of that contract and/or agreement notwithstanding that the developer and/or land agent may not have been introduced to you by Us. You agree to do this so that We may determine a developer and/or land agents’ potential liability to pay Our commission fee. Specific details you agree to provide include: purchasing entity including any holding companies, negotiating parties leading to the contract and/or agreement, value of all sums payable or projected as payable, date of contract, milestone dates under the contract et cetera;
engage with your appointed BOOM! Agent if a developer or land agent seeks to secure a specific commission fee agreement.
53. Subject to your strict observance and compliance with these terms and conditions, in particular clauses 51 and 52(e), your general use of this site is, and will always remain, free of charge. Failure to strictly observe clauses 51 and 52(e) shall cause you, without right of challenge, to become liable to Us for the developer’s commission fee.
54. If you fail to strictly observe clause 52 (a) and (b), your appointed BOOM! Agent may, on your behalf and in accordance with these terms and conditions, engage with a developer and/or land agent to communicate advice, insight and/or guidance as to the development opportunity.
55. When publishing a development opportunity to the site, a landowner must elect to self-manage the development opportunity or to appoint a BOOM! Agent to manage the opportunity on its behalf.
56. Following your acceptance in principle of a formal offer from the market, We will, through your appointed BOOM! Agent, continue to work on your behalf to secure a contract and/or formal agreement on terms and conditions suitable to you. If you proceed to formally execute a contract and/or an agreement, all work, within reason, undertaken during this period shall be free of charge however, if you were not to proceed you agree to pay Our reasonable costs incurred.
If you have any additional questions, please contact us: here