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Terms of Service

 

Please read these Terms of Service carefully before accessing or using this website. These Terms of Service govern your access to and use of this website, including your ability to purchase products and review information on the site. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, you are not permitted to access or use this website.

In addition, you agree to our Messaging Terms and Messaging Privacy Policy.

OVERVIEW

Welcome to Boosh. These terms and conditions of sale and website terms and conditions of use ("Terms and Conditions") is a legally binding agreement between you and Boosh Limited. Throughout the site, the terms "Company", “we”, “us”, and “our” refer to Boosh Limited. These Terms and Conditions govern your use of our website, products, and services.

It is important that you take the time to read and understand these Terms and Conditions as they contain important information about your rights and obligations, as well as conditions, limitations, and exclusions that may apply to you. By accessing or using our website, products, and services, you agree to be bound by these Terms and Conditions.

We may periodically update, change or replace any part of these Terms and Conditions by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after any changes constitutes acceptance of those changes.

These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to these Terms and Conditions, you are not permitted to use our website, products, and services.

TERMS AND CONDITIONS OF SALE

1. ORDER MODIFICATION AND REJECTION
Boosh reserves the right to reject or modify any order, without prior notice to you, if it determines, in its sole discretion, that any portion of the order is incorrect or not in accordance with our policies. In such cases, you will be notified at the email address provided at checkout. If your credit card has already been charged for the order, Boosh will issue a credit to your credit card account for the amount of the rejected portion.

2. SHIPPING AND RISK OF LOSS
Title to ordered products and risk of loss of products transfers to you upon delivery of your order to the carrier. Delivery lead times are estimates only and are not a guarantee that the products will be delivered on the specified date. In New Zealand, as a consumer under the Consumer Guarantees Act 1993 (NZ), the products must be delivered within a reasonable time if no time or period of delivery is agreed upon. Subject to any consumer laws in certain countries (such as New Zealand) which provide for non-excludable remedies in the case of certain delays in delivery, Boosh will not be liable for any loss or expenses incurred due to a delay in the delivery of your order.

3. PRICES AND PAYMENT

You agree to provide accurate and complete information for all credit card transactions, and to pay all charges incurred by you at the prices posted, including shipping fees and applicable taxes, at the time of purchase. You represent and warrant that the credit card information you provide is true, correct, and complete and that the charges incurred will be honored by your credit card company.

Once Boosh has received full payment for the ordered products, including all applicable delivery charges, ownership of the products will transfer to you.

The prices of the products and services on the Boosh website are subject to change without prior notice. The prices displayed at the time of your order submission will be the prices charged for the products.

4. RETURNS AND WARRANTY
The Returns And Warranty Policy is part of these Terms and Conditions and may be reviewed.

5. PRIVACY POLICY
The Privacy Policy is also part of these Terms and Conditions and may be updated from time to time.

WEBSITE TERMS AND CONDITIONS OF USE

1. ONLINE STORE TERMS
This Website may only be used in accordance with these Website Terms and Conditions of Use and for non-commercial purposes only. By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your province or state of residence, or that you are the age of majority in your province or state of residence and you have given us your consent to allow any of your minor dependents to use this site. You agree that we have no obligation to store, maintain or provide you with a copy of any content or information that you or others provide, except to the extent required by applicable law

You may use our Website only for lawful purposes and by using the Website, you agree that you will abide by all applicable federal, state, and local laws, rules, and regulations, or the orders of any federal, state, or local government. You may not use our Website:

  • In any way that breaches any applicable local, national, or international law or regulation
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
  • For the purpose of harming or attempting to harm minors in any way

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our Website
  • Not to access without authority, interfere with, damage, or disrupt:
    • any part of our Website;
    • any equipment or network on which our Website is stored;
    • any software used in the provision of our Website; or
    • any equipment or network or software owned or used by any third party

We do not guarantee that our website, any content on it, or any Service it provides will always be available or uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our website for business or operational reasons.

2. SUSPENSION AND TERMINATION
We reserve the right to determine if there has been a breach of these Website Terms and Conditions of Use through your use of our Website. If we determine that a breach has occurred, we may take appropriate action as deemed necessary.

Breaches of these Website Terms and Conditions of Use are considered material breaches, and may result in one or more of the following consequences:

 

  • Immediate, temporary, or permanent withdrawal of your right to use our Website;
  • Immediate, temporary, or permanent removal of any posting or material uploaded by you to our Website;
  • Issue of a warning to you;
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • Further legal action against you; or
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

These consequences are not exhaustive, and we reserve the right to take any other appropriate action. It is important to note that we may suspend or terminate your use of our Website without prior notice if we determine that you have violated these Website Terms and Conditions of Use.

3. CHANGES TO THE WEBSITE
We may periodically update our website, without limitation, including, but not limited to, changes in the prices of our products.

3. INTELLECTUAL PROPERTY
All Intellectual property rights in this website, and all derivative works based thereon, are owned by Boosh or our licensors

No part of this Website, including but not limited to, the trademarks, logos, names, and product listings, may be copied, extracted, or otherwise reproduced, in any form whatsoever, without the express written consent of Boosh (and/or, if applicable, the licensor). You do not acquire ownership rights to any content, document, or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.

4. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Our Website provides information about Boosh, our business, and the products and services we offer, as well as the terms and conditions for purchasing these products and services.

While we strive to maintain accurate and up-to-date information, errors and omissions may occur. To the extent allowed by law, we expressly disclaim all liability, whether based on contract, tort (including negligence), strict liability, or otherwise, and do not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary, or otherwise) that may result from the use or inability to use the Website, the information, software, facilities, or Services provided on the Website. The Website and all information, content, materials, products, and other Services provided on or through the Website are provided "as is" and "as available" unless otherwise specified in writing. We do not make any representations or warranties of any kind, express or implied, regarding the operation of the Website or the information, content, materials, products, or other Services provided on or through the Website. Your use of the site is at your own risk, and you assume the full cost of any necessary servicing, repair, or correction in the event of any loss or damage. If applicable law does not allow all or part of the above limitation of liability, the limitations will only apply to the extent permitted by law.

To the fullest extent allowed by applicable law, we expressly disclaim all guarantees and warranties, whether express or implied, including, but not limited to, implied warranties of title, merchantability, and fitness for a particular purpose, freedom from computer viruses (or similar threats), and availability. We do not warrant that the Website, the information, content, materials, products, or other Services provided on or through the Website, or our servers or electronic communications, are free of viruses or other harmful components. You agree that we will not be liable for any damages of any kind arising from the use of the Website, or from any information, content, materials, products, or other Services provided on or through the Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. also disclaim all guarantees and warranties, express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, and freedom from computer viruses. We do not warrant that our website, servers, or electronic communications are free of harmful components. We do not warrant that the website, information, content, materials, products, or other Services included on or otherwise made available to you through the website, or our servers or electronic communications are free of viruses or other harmful components. you agree that we will not be liable for any damages of any kind arising from the use of the website or from any information, content, materials, products, or other Services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

These terms and conditions are not intended to exclude any rights that you may have under applicable law.

The limitation of damages described above is a fundamental aspect of the agreement between you and us. The Website and the information provided would not be available without such limitations. No advice or information, whether oral or written, obtained by you from us through the Website, creates any warranty, representation, or guarantee that is not expressly stated in this agreement.

5. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Boosh and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference or your violation of any law or the rights of a third party.

6. THIRD-PARTY LINKS
Certain products and services available on our site may include materials from third parties. Third-party links on this site may direct you to websites that are not affiliated with us, and we are not responsible for evaluating the content or accuracy of these websites. We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. It is important to carefully review the third-party's policies and practices before engaging in any transaction to ensure you understand them. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

7. LOGIN DETAILS AND OTHER SECURITY INFORMATION
If account registration is available on our website, and you choose to register and create a login, you will be asked to choose a password. You should choose a strong and unique password that is not easily guessed by others. You must never share your password with any third party, under any circumstances. If you do share your password, the third party may be able to order products using your account, causing loss to you or others and leaving you responsible.

We are entitled to rely on the provision of your security information without further inquiry, as evidence of your identity, authority to use the relevant part of our Website, and/or place orders to the extent permitted by law. As a result, to the extent permitted by law, you accept responsibility for all activities that occur under your security information.

You agree to notify us immediately if you have any reason to believe that your password has become known to anyone else or that your login is being, or is likely to be, used in an unauthorised manner. Such notice will not relieve you of your obligations in relation to your login and password.

We may suspend or disable your login, with or without notice, if we believe that:

  • Suspending or disabling your login is necessary to maintain the integrity or security of the website or any other service;
  • Your login has been misused or otherwise compromised; or
  • You have breached these terms and conditions.

    7. LOGIN DETAILS AND OTHER SECURITY INFORMATION
    If you send specific submissions to us, such as contest entries, or if you send us creative ideas, suggestions, proposals, plans, or other materials without a request from us, whether online, by email, by postal mail, or otherwise (collectively, comments), you agree that we may edit, copy, publish, distribute, translate, and use in any medium, any comments you submit to us without restriction. We are under no obligation to maintain any comments in confidence, pay compensation for any comments, or respond to any comments.

    We may, but are not obligated to, monitor, edit, or remove any content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party’s intellectual property or these Terms and Conditions.

    You agree that your comments will not violate any third party's rights, including copyright, trademark, privacy, personality, or any other personal or proprietary rights. Your comments will not contain libelous, unlawful, abusive, or obscene material, or contain any computer virus or malware that could affect the operation of the Service or any related website. You will not use a false email address, pretend to be someone other than yourself, or mislead us or third parties about the origin of your comments. You are solely responsible for the accuracy of your comments. We are not responsible for any comments made by you or any other third party.

    MISCELLANEOUS

    1. GOVERNING LAW
    These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

    2. GOODS NOT FOR SALE OR EXPORT
    You represent and warrant that you are purchasing products or services from this website for your own personal, family, or household use only and not for resale or export.

    3. ENTIRE AGREEMENT, SEVERABILITY, AND NO WAIVERS
    Failure by us to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future enforcement of that right or provision.

    If any provision of these Terms and Conditions is deemed invalid, illegal, void, or unenforceable, that provision will be severed from these Terms and Conditions and will not affect the validity or enforceability of the remaining provisions."

    Overall, the policy effectively communicates that any failure to enforce a provision will not waive future enforcement, that invalid provisions will be severed, and that these Terms and Conditions, along with the Privacy Policy, will be considered the final and integrated agreement between you and us.

    3. AMENDMENTS TO THE TERMS
    We amend these Terms and Conditions from time to time without prior notice, at our sole discretion. Please look at the top of this page to see when these Terms and Conditions were changed. You will be subject to the latest version of the Terms and Conditions in force at the time that you use our Website and/or place an order for products and/or Services via our Website.

    We may transfer our rights and obligations under any order accepted by us to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions.