BooRoo Terms and Conditions

ANY PERSON OR ENTITY (“User”) ACCESSING THE BOOROO.COM WEB SITE (the “Site” or “Service”) OR ANY OF THE INFORMATION CONTAINED HEREIN AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS BOOROO.COM WEB SITE TERMS OF USE

 

This Agreement is a legal agreement between the User and BooRoo Limited, hereafter referred to as “BooRoo”, for the BooRoo.com Software Application Services you subscribe to. These Software Application Services include computer software, data storage mechanisms, databases and related designs, printed materials, and online or electronic documentation (Software Application Services, Application Services, or Software).

 

By using the Software Application Services, you agree to be bound by the terms of this Customer Agreement. If you do not agree to the terms of this Customer Agreement, you are not authorised to use any service or website provided by BooRoo.

 

 

Definitions and Interpretation In these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

 

“Account” means collectively the personal information, payment information, user entered, collected or generated data and credentials used by Users to access the Services through the Web Site;

 

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Website;

 

“Services” means collectively the online facilities, tools, services or information that BooRoo makes available through the Website either now or in the future;

 

“Subscription Fee” means the sum of money paid by Users at monthly, yearly or other intervals agreed with the User, to keep their Account active and to enable them to access the Services;

 

“User / Users” means any third party that accesses the Website and the Services that is not employed by BooRoo and acting in the course of their employment;

 

“Website” means the website on which these terms and conditions appear and any sub-domains of those websites unless expressly excluded by their own terms and conditions.

 

“Upgrade/Upgraded” An enhanced subscription (normally paid for) which may provide additional services, features and different restrictions over the free service.

 

The headings used in these terms and conditions are for convenience only and shall have no effect upon the interpretation of these terms and conditions. Words in the singular shall include the plural and vice versa. References to any gender shall include the other gender.

 

Provision of Services
BooRoo shall use its best and reasonable endeavours to provide the Services on an error-free basis and without interruption. Notwithstanding sub-Clause 2.1, BooRoo does not provide any guarantee that provision of the Services shall be error-free or without interruption and reserves the right to alter or suspend provision of the Services without prior notice to Users. By accepting these terms and conditions the User acknowledges that the Services may change in form or nature at any time. BooRoo shall have the right, exercisable at its sole discretion, to terminate provision of the Services without prior notice to Users.

 

Subscriptions, payment and refunds
If subscribed to an Upgraded subscription the User agrees to pay all applicable charges under this agreement, including any applicable taxes or charges imposed by any government entity. Should a User cancel or fail to pay for an Upgraded subscription then the Users account may immediately be downgraded to the free service level with all the restrictions that come with it. Increases or decreases in price will not automatically affect customers with an active Upgraded subscription who will continue to be billed at their existing rate. If the Users subscription reverts to the free level for whatever reason then the new rate will apply should they choose to use the Upgraded service again in the future. If a User subscribes in error they must inform BooRoo within 24 hours of subscribing and must not use the Services during that time. If any use can be traced to the User’s Account, no refund will be provided. Unless a mistake has been made by BooRoo then all refunds are at the descression of company management.

 

Password and security
When signing up to this service you will supply a password which can be changed via the account manager section of the site. The User is fully responsible for maintaining the confidentiality or the password and they are fully responsible for all activities that occur under their password. The User agrees to immediately notify BooRoo of any unauthorized use of your password or account or any other breach of security

 

Use of Services
Users are permitted to use the Services only in accordance with: these terms and conditions; and any relevant law, regulation or other applicable instrument in their particular jurisdiction. Users may not engage in any conduct that may disrupt provision of the Services by BooRoo. Users’ rights to use the Services are non-exclusive, non-transferrable and fully revocable at BooRoo’s discretion.

 

Intellectual Property
Subject to the exceptions in Clause 7 of these terms and conditions, all Content included on the Website, unless submitted or created by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of BooRoo, our affiliates or other relevant third parties. By accepting these terms and conditions the User acknowledges that such material is protected by applicable United Kingdom and International intellectual property and other laws. Subject to Clause 9 Users may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by BooRoo.

 

Third Party Intellectual Property

Where expressly indicated, certain Content, such as advertising material, and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 6 of these Terms and Conditions to use Content from the Web Site. The exceptions in Clause 9 continue to apply. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant. # User Content and Intellectual Property When using the Services to create Content, Users should do so in accordance with the following rules: Users must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory or fraudulent; Users must not submit Content that is intended to promote or incite violence; Users must not submit Content that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; Users must not post links to other websites containing any of the above types of Content; Users must not impersonate other people, particularly employees and representatives of BooRoo or our affiliates; BooRoo has the right, but not the obligation to pre or post-screen Content submitted or created by Users and may flag or filter any Content that it deems appropriate. If any Content is found to be in breach of these terms and conditions, BooRoo reserves the right to remove it without notice and may, at its sole discretion, terminate the responsible User’s access to the Services. Users acknowledge that they may be exposed to Content that they may find offensive. If a User believes that such Content is in violation of these terms and conditions, it should be reported to BooRoo by emailing their local BooRoo support centre. Users are solely responsible for any and all Content that they submit or create. BooRoo does not endorse, support, represent or otherwise guarantee the accuracy or reliability of such Content. Subject to sub-Clause 8.4, Users use the Services at their own risk. By submitting or creating Content Users warrant and represent that they are the author of such Content and / or that they have acquired all of the appropriate rights and / or permissions to use the Content in this fashion. BooRoo accepts no responsibility or liability for any infringement of third party rights by such Content. Further, Users waive all moral rights in any and all Content that they submit or create to be named as its author. BooRoo accepts no responsibility or liability for any infringement of third party rights by such Content. By accepting these terms and conditions, the User grants a non-exclusive, worldwide, perpetual licence to BooRoo to copy, distribute, transmit, publicly display, publicly perform, transmit and reformat all Content for the purpose of providing the Services. The User represents and warrants that they have all necessary rights, power and authority to grant the licence described in sub-Clause 8.8.

 

Fair Use of Intellectual Property

Content may be copied, transmitted, performed, adapted or otherwise re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or other relevant legislation applies.

 

 

ANTI-SPAM
BooRoo reserves the right to immediately and without prior notification terminate any account which in its sole discretion it believes is being used in connection with spamming activities. The User agrees that they shall not use the Service to send any commercial electronic mail messages (as defined in the United States CAN-SPAM Act of 2003) to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from you or another party on whose behalf you may be commissioned. The following URL contains information on the CAN-SPAM act and what constitutes SPAMMING: http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm You should only send emails to people who have given you permission to email them. All recipients contacted must have opted in to receiving communications from the User. The use of third party, purchased, rented or harvested email lists is strictly prohibited. The User will not email or post messages in connection with this Service to newsgroups, message boards or other websites where it is prohibited to do so in their respective terms and conditions. The User should not attempt to remove or hide any unsubscribe or abuse reporting links contained on either on the website or the email. All emails sent should; contain a valid ‘reply’ and ‘from’ address which must accurately identify the person who sent the email. not contain deceptive subject lines include a physical mailing address.

 

Reporting Spam
If you suspect that BooRoo has been used to send spam, please contact us your local BooRoo service centre and we will investigate accordingly.

 

 

Disclaimer of Warranties
BooRoo makes no warranty or representation that the Website or the Services will meet Users’ requirements, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be compatible with all systems, or that they will be secure. BooRoo shall use its best and reasonable endeavours to ensure that all information provided on the Website and the Services is accurate and up to date, however BooRoo makes no warranty or representation that this will always be the case. BooRoo makes no guarantee of any specific results from the use of the Website or the Services. No part of the Website or the Services is intended to constitute advice and the Content of the Website and the Services should not be relied upon when making any decisions or taking any action of any kind. Whilst every effort has been made to ensure that all descriptions of Services available from BooRoo correspond to the actual services available, BooRoo is not responsible for any variations from these descriptions.

 

 

Availability of the Website and the Services
The Website and the Services are provided “as is” and on an “as available” basis. BooRoo gives no warranty that the Website or the Services will be free of defects and / or faults. To the maximum extent permitted by law BooRoo provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. BooRoo accepts no liability for any disruption or non-availability of the Website or the Services resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, hacking, denial of service attacks, acts of war or legal restrictions and censorship.

 

 

Term and Termination
If a User wishes to terminate the Agreement they may do so by emailing BooRoo or its partner in their country with sufficient information to identify the account and authenticate the sender of the email as the account owner. BooRoo reserves the right, at its sole discretion, to terminate the Agreement, a User’s Account and a User’s access to the Services at any time for any of the following reasons; It considers the Users conduct to be unacceptable; It considers that the Users use of the service may negatively impact its ability to provide the service to other customers; The User has committed a material breach of these terms and conditions; The User has indicated, expressly or impliedly, that they do not intend to or are unable to comply with these terms and conditions; BooRoo is required to do so by law; It has become, in the opinion of BooRoo, its affiliates or advisers, no longer commercially viable to continue providing the Services; BooRoo is no longer providing the Services in the User’s country of residence; If BooRoo terminates a User’s Account as a result of the User’s breach of these terms and conditions the User will not be entitled to any refund. If the User’s Account or subscription is terminated the User will cease to have access to the Services from the date of termination. Any Content that the User has submitted or created will become inaccessible to all Users from the date on which the Services become inaccessible, however copies will be retained by BooRoo as part of standard backup procedures and as evidence. Upon termination of the Agreement, the User shall cease to be bound by all obligations set out in these terms and conditions with the exception of those expressly stated to survive the termination of the Agreement.

 

 

Removal of data
BooRoo reserves the right to delete accounts that in its sole discretion it believes to have become inactive after an extended period of time of not less than 3 years.

 

 

No Waiver
In the event that BooRoo or the User fails to exercise any right or remedy contained in these terms and conditions, this shall not be construed as a waiver of that right or remedy. #

 

Severance

Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

 

 

Entire Agreement
These terms and conditions embody and set forth the entire Agreement and understanding between the Parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of the Agreement. Neither the User nor BooRoo shall be entitled to rely on any agreement, understanding or arrangement not expressly set forth in these terms and conditions, save for any representation made fraudulently.

 

 

Changes to Terms and Conditions
These Terms and Conditions are subject to change without notice. New Terms and Conditions are applicable from the moment they are posted on the website. It purports that User who visits or commences using the free or paid BooRoo services accepts these Terms and Conditions. *

 

 

Notices
All notices / communications shall be sent to and by BooRoo either by post to our premises (1 Fairbourne Rd, St. Austell, Cornwall, PL25 4NR, United Kingdom) or by email to dmeagor@booroo.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

 

 

Law and Jurisdiction

These terms and conditions, the Agreement and all other aspects of the relationship between the User and BooRoo shall be governed by and construed in accordance with the Laws of England and Wales. Any dispute between the User and BooRoo relating to these terms and conditions, the Agreement and all other aspects of the relationship shall fall within the exclusive jurisdiction of the courts of England and Wales.

 

 

Limitation of Liability BooRoo’s or any of its underlying service providers, business partners, information providers, account providers, licensors, officers, directors, employees, distributors or agents (collectively referred to for purposes of this section as “BooRoo”) liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of our breach of these terms and conditions shall be limited to the amount paid to BooRoo in the previous 12 months of any complaint. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website, the Services or any information contained therein, to the maximum extent permitted by law, BooRoo accepts no liability. Users should be aware that they use the Website, the Services and all relevant Content at their own risk. Nothing in these terms and conditions excludes or restricts BooRoo’s liability for death or personal injury resulting from any negligence or fraud on the part of BooRoo.