The Blind Shake
We take the security of our website and of your transactions
extremely seriously. We encrypt all traffic involving personal
data with industry-standard SSL certificates and we are also
PCI compliant - meaning that we follow all current data security
standards and undergo weekly scans monitoring our security status.
Additionally, we do not store any card details at all, all
payments are handled using a system of Tokenisation which is
an industry-standard method of secure payment handling. When
you place an order with us payment is either handled via your
Paypal account or if you choose to pay by credit/debit card we
create a "Token" with your payment details which is stored by
the Bank payment gateway. When you return to make a purchase
it basically reactivates the "Token" so no details need to be
entered again and those details are not stored by us.
Estimated shipping dates are accurate to the best of our
knowledge, based on the latest stock information made available
to us from the supplier. Available items should ship to you within
the time-frame indicated. If there are any unforeseen issues with
availability we will notify you immediately.
*To qualify for free postage the order must be sent as one package.
Therefore, all items must be in stock or you should be happy to wait
until all items become available to ship so they can be sent as one
package. Downloads and Gift Vouchers do not count towards free
shipping. Please note that Pre-Orders do not count towards free
shipping as their release dates are liable to fluctuate.
If your order contains items that have different estimated
shipping dates (for example, ‘available to pre-order’, ‘in stock’,
‘available to ship in 1-3 days’) you will be given an option either
to wait for everything to become available to ship in one package,
or to ship each item as soon as it becomes available. Stock arrives
at the office throughout the day so the stock status of items on the
website can change several times a day.
Important Note: all items that are not currently displaying as
In Stock need to be ordered in from our suppliers and the estimated
shipping dates are only an indication of when we expect those items
to come into stock. If there are any unforeseen issues with
availability we will notify you immediately.
At checkout you are able to select a premium packaging option
for a fee of £1.50. We pack all of our orders using appropriate
packaging, however when you pick this option we use a wider
cruciform offering additional protection if you have a
particularly heavy-handed postman.
We offer two services:
1. First Class Royal Mail - for UK and for International
orders: The package will be delivered by your national postal service.
Royal Mail sets limits on the weight of packages, so if the order
becomes too heavy to ship in one package the order will be split
into two or more packages. The packages will be marked accordingly,
for example, if an order has to be sent over two packages the packages
would be labelled ‘1 of 2’ and ‘2 of 2’.
2. Parcelforce tracked courier service:
This comprises a flat box fee for UK (and some European countries),
and a sliding scale based on weight for other countries. Parcelforce
is a Monday - Friday service. Packages sent via Parcelforce can be
Parcelforce can only ship to PO boxes in certain countries,
details can be found once you have made your country selection
Once you have added items to your crate you can select your
country and choose either to send everything in one package or
to ship as soon as the items become available. At this point the
total given is a guide to the cost and more shipping configurations
are available once you have logged in and proceeded to checkout.
At the checkout you will still be able to add or take away items
from the crate and change/compare your shipping options.
Pre-orders are treated as separate packages to items that are
either in stock or available to order. If pre-orders share the
same release date then they can be ordered and shipped together.
However pre-order release dates are liable to change, if you have
ordered two pre-orders with the same date to ship together and
then one release date gets pushed back, we will ship the available
pre-order straight away and the second pre-order as soon as it
becomes available with no extra shipping charge.
If you choose to ship your order across more than one package you
can select the Royal Mail service for one package and Parcelforce
courier for the other.
* if an individual item weighs more than 2kg and you are outside
of the UK the package must be sent via courier as Royal Mail sets
a 2kg limit on packages.
* Royal Mail covers postage all countries, however Parcelforce is
not available in every country.
If an order does not arrive, we can issue a replacement package.
In the UK we consider a package to be missing after 15 working
days. Most international orders are considered missing after 25
working days with the exception of France, South America and Africa
- packages to these destinations are considered missing after 60
working days. Before we can issue a replacement, customers must
have checked with their local depot/sorting office to see if their
package is awaiting pick up. If we think there is an issue with
the shipping address, or that packages are being stolen in the
post, we reserve the right to refuse future orders to these
We automatically add an insurance supplement to orders over £30.
Orders between £30 - £49.99 are charged a 60p insurance supplement.
Orders over £50 are charged a £3 insurance supplement.
If a package is returned to us because of an incomplete address,
or because it was not collected from a local depot, we will have to
charge you again in order to re-send it. We will get in touch with
you before any package is re-sent.
The delivery times below are estimates. A lot depends on the
efficiency of your local post service.
UK (inc. Northern Ireland): 1 - 2 working days
Western Europe: 3 - 5 working days
Eastern Europe: 5 - 12 working days
Rest of World: 5 - 10 working days
UK (inc. Northern Ireland): 1 working day except for highlands
of Scotland and parts of Scotland, please get in touch for
Western Europe: 2-3 working days for most countries but takes
longer shipping to Finland, Greece, Italy, Norway, Portugal and Sweden.
Eastern Europe: 3-6 working days for most countries but can take up
to 7 days for other countries, please get in touch for further
Rest of World: 2-7 working days for most countries, please get in
touch for further information
Please note shipping times can vary within a country depending
on the area - for further information please get in touch.
Please note that the estimated shipping times above can be
affected by circumstances beyond our control such as bad
weather, delays at customs, busy times of year etc.
If you require further information or assistance then
please contact us.
Physical Products have different types of stock availability, for example:
In Stock (Ready to ship)
Pre-Order with estimated shipping dates
Available to Order (Estimated shipping between 1-3 working days)
Available to Order (Estimated shipping between 3-7 working days)
Available to Order (Estimated shipping between 7-14 working days)
If your order contains items that have different estimated shipping
dates you will be given an option either to wait for everything to
become available to ship in one package, or to ship each item as soon
as it becomes available. Stock arrives at the office throughout the
day so the stock status of items on the website can change several
times a day.
Important Note: all items that are not currently displaying as In Stock
need to be ordered in from our suppliers and the estimated shipping
dates are only an indication of when we expect those items to come
into stock. If there are any unforeseen issues with availability we
will notify you immediately.
We automatically add an insurance supplement to orders over £30.
Orders between £30 - £49.99 are charged a 60p
Orders over £50 are charged a £3 insurance supplement.
At checkout you are able to select a
option for a fee of £1.50. We pack all of our orders
using appropriate packaging, however when you pick this
option we use a wider cruciform offering additional
protection if you have a particularly heavy-handed postman.
For Visa/Mastercard, the three-digit CVV
(Card Verification Value) number is printed on the signature
panel on the back of the card immediately after the
card's account number.
TERMS & CONDITIONS OF WEBSITE USE AND SUPPLY
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
TERMS OF WEBSITE USE
OTHER APPLICABLE TERMS
INFORMATION ABOUT US
Boomkat.com is a site operated by Boomkat Limited ("We", “Us”, “Our”). We are registered in England and Wales under company number 5725006. Both our registered office address and trading address is at 2nd Floor Swan Building, 20 Swan Street, Manchester, M4 5JM. Our VAT number is GB 693 0821 25, and for Boomkat Digital Limited is GB 884 6350 90
We are a limited company.
CHANGES TO THESE TERMS
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
CHANGES TO OUR SITE
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.
Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it (with the exception of those relating to the Service which are the property of Digital). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
The Service may be protected under patent law and may be the subject of issued patents and/or pending patent applications.
Non-physical copies of recordings may not be reproduced, duplicated, copied, sold, broadcast, downloaded, transmitted, adapted or otherwise exploited for any commercial purpose without the express prior written consent of Digital.
NO RELIANCE ON INFORMATION
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
LIMITATION OF OUR LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
If you are a business user, please note that in particular, we will not be liable for:
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and Conditions of Supply (set out below).
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 in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which 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 commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
If you wish to make any use of content on our site other than that set out above, please contact us at email@example.com
THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Our site may present links to third party websites not owned or operated by Us or Digital. These links are provided for your information only.
Neither We nor Digital are responsible for the availability of these sites or their contents. We have no control over the contents of those sites or resources and You agree that neither We nor Digital are responsible nor liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site.
"BOOMKAT" is a Community Trade Mark
To contact us, please email firstname.lastname@example.org
TERMS AND CONDITIONS OF SUPPLY
1. ACCEPTANCE OF TERMS AND CONDITIONS
By placing an order on our site you accept these terms and conditions ("the Conditions").
Each of Us and Digital (as the case may be) reserve the right to make changes to the Conditions relevant to them at any time and you will be subject to the relevant Conditions as published on the Website at the time you place your order.
For the avoidance of doubt in respect of Digital the Conditions applicable below constitute a legal contract between you and Digital governing your use of Digital's online music download sales service ("the Service”).
PROVISIONS APPLICABLE TO SALES OF PHYSICAL GOODS BY US
2.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
2.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 2.3
2.3 We will confirm our acceptance to you by sending you an e-mail [that confirms that the goods you have ordered (“the Goods”) have been dispatched. The Contract between us will only be formed when we send you the Dispatch Confirmation.
2.4 If we are unable to supply you with the Goods, for example because the Goods are not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 3, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
3. PRICING & DELIVERY CHARGES
3.1 The prices of goods will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of goods are correct at the time when the relevant information was entered onto the system. However please see clause 3.5 for what happens if we discover an error in the price of goods.
3.2 Prices for our goods may change from time to time, but changes will not affect any order you have already placed.
3.3 The price of goods includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
3.4 The price of goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges and options please add items to your crate, choose the shipping destination and delivery service you would like to use and a shipping cost will be displayed.
3.5 Our site contains a large number of goods. It is always possible that, despite our best efforts, some of the goods on our site may be incorrectly priced. If we discover an error in the price of the Goods we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.
All orders are subject to availability.
5. YOUR RIGHT TO CANCEL THE CONTRACT
5.1 You may cancel your contract with us for goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
5.2 You cannot cancel your contract if the goods you have ordered are newspapers or magazines or if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you
5.3 To cancel your contract you must notify us in writing
5.4 If you have received the goods before you cancel your contract then unless, under clause 5.2 you do not have a right to cancel, you must send the goods back to our contact address at your own cost and risk.
5.5 If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
5.6 On receipt of the returned goods we will refund you the amount charged for the goods in question (excluding delivery charges) within 30 days
6. OUR RIGHT TO CANCEL THE CONTRACT
6.1 We reserve the right to cancel the contract between us if:
6.1.1 we have insufficient stock to deliver the goods you have ordered
6.1.2 we do not deliver to your area; Or
6.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers
6.2 If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card or paypal as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
7 DELIVERY OF GOODS TO YOU
7.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
7.2 Delivery will be made as soon as possible after your order is accepted
7.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
8.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
8.2 If you do not receive the goods ordered within 30 days of the date of the Dispatch Confirmation we shall have no liability to you unless you notify us in writing at our contact address. Please do this within 2 weeks after this 30 day period expires.
8.3 If you notify a problem to us under clauses 8.1 or 8.2 above, our only obligation will be, at your option:
1. to make good any shortage or non-delivery;
2. to replace or repair any goods that are damaged or defective; or
3. to refund to you the amount paid by you for the goods in question in whatever way we choose.
8.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 8.3.3 above.
8.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
8.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
9. DUTIES AND TAXES
If you order goods for delivery overseas from our site you will be responsible for any import duties and taxes.
PROVISIONS APPLICABLE TO THE SERVICE AS OPERATED BY DIGITAL
11. THE SERVICE
(a) The Service allows you to listen to Clips (as defined below) and buy non-physical digital sound recordings, artwork and information relating to such sound recordings, and other content (collectively, "Music Content").
12. MUSIC CONTENT
(a) RIGHTS GRANTED: Upon payment for the Music Content, Digital grant you a non-exclusive, non-transferable right to use the Music Content only for your personal, non-commercial, entertainment use subject to this agreement.
(b) RESTRICTIONS TO RIGHTS GRANTED: The Music Content is owned by Digital, its business partners, affiliates and/or licensors, as applicable. You must comply with all applicable copyright and other laws in your use of the Music Content. Except as set out in clause 11 (a) above you may not or allow others to redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-licence or otherwise transfer or use the Music Content. Digital does not grant you any synchronisation, public performance, promotional use, commercial sale, re-sale, reproduction or distribution rights for the Music Content. You agree to advise Digital promptly of any such unauthorised use(s).
13. USE OF THE SERVICE:
(a ) USE OF MUSIC CONTENT: You agree that the content rights holders that license their musical or other content to Digital for use in the Service are intended third-party beneficiaries under these Conditions with the right to enforce the provisions that directly concern their content. You understand that your use of the Music Content is subject to the Usage Rules discussed below.
(b) SOFTWARE: All software made available by Digital on or through the Service is protected by intellectual property laws and your use of it is governed by these conditions as well as any applicable end-user licence agreements.
(c) USAGE RULES: Your access to and/or use of any Music Content will be limited by the rules assigned to the Music Content by Digital ("Usage Rules") and described in this section. You may not attempt (or support others' attempts) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any Usage Rules or Music Content. Digital reserves the right to modify the Usage Rules at any time and your continued use of the Service after each such modification shall be deemed acceptance of any such modification.
A "Clip" is a portion of a track or promotional music video that you can play (and, if applicable, view) directly from and while you are logged on to the Service on a promotional basis at no cost to you. You may play as many Clips as you like.
You may not attempt (or support others' attempts) to capture, copy, or download a Clip.
(d) PRODUCT AVAILABILITY: Technical problems or expiry of Digital's right to make certain Music Content available may at times delay or prevent delivery of purchased Music Content to you. Receipt of your order or request does not guarantee that Digital can supply the selected products to you. All of the Music Content featured as part of the Service is subject to availability. Your sole remedy with respect to content or purchased Music Content not delivered will be a refund of the price paid for such Music Content
(e) RESTRICTIONS ON USE: You may not use the Service to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, pornographic, inflammatory, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iii) that infringe third party rights or harm minors in any way. Digital will fully co-operate with any appropriate authority or Court order requesting or directing Digital to disclose the identity of anyone posting any such information or materials. You may not interfere with or disrupt the Service or any networks connected to or by the Service. In addition, you may not use a false email address or otherwise mislead Digital or other members as to your identity or to the origin of a message or content. By posting messages, inputting data, or engaging in any other form of communication through the Service, you agree that Digital may copy, sublicense, adapt, transmit, publicly perform or display any such content to provide and/or promote the Service subject always to applicable legal restrictions, and/or to respond to any legal requirement, claim or threat. If Digital's use of such content exploits any proprietary rights you may have in such material, you agree that Digital has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to use such material as described above. You agree that any loss or damage of any kind that you incur as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Service is solely your responsibility.
(f) All rights not expressly granted are reserved to Digital and/or its licensors.
14. CHARGES / BILLING
(a) AGREEMENT TO PAY: You agree to pay for all Music Content that you purchase through the Service and Digital may charge your debit, credit card or Paypal account for any such payment(s). Digital may, in its discretion, post charges to your credit card individually or may aggregate your charges with other purchases you make on the Service. You are responsible for keeping your Digital account secure and confidential and you will be responsible for any charges that are incurred by any person through your account. All charges will be billed to the payment method you designate when you first make a purchase or incur a charge. All prices include VAT (where applicable) at the current rates chargeable in the UK for the time being
(b) RIGHT TO CHANGE PRICES: All prices for products within the Service are subject to change by Digital at any time. While Digital tries to ensure that all prices on our site are accurate, errors may occur. If Digital discovers an error in the price of any goods or services you have ordered it will give you the option of reconfirming your order at the correct price or cancelling it. If Digital is unable to contact you it will treat the order as cancelled.
(c) ELECTRONIC CONTRACTS: You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and to pay for such purchases. To the extent that such electronic purchases are offered to you by a third party, you acknowledge that Digital shall not be responsible or liable to you for the products or services purchased.
(d) CANCELLATION: You cannot cancel your purchase of Digital Downloads once delivery has started. By placing an order to purchase Digital Downloads using the Service you acknowledge and agree to this.
15. EXPLICIT CONTENT
Digital shall have no liability or responsibility to you for any content or materials, including Stickered Tracks, that may be available in connection with the Service that you might find offensive, indecent or objectionable.
16. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
If Digital receives a notice alleging that you have engaged in behaviour that infringes Digital's or any other party's intellectual property rights or reasonably suspects the same, Digital may suspend or terminate your account without notice to you. If Digital suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, including for any amounts that you have previously paid.
17. PROMOTIONS AND ADVERTISING
Digital and/or its business partners may present advertisements or promotional materials on or through the Service. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions by, any third party advertisers on or through the Service are solely between you and such third party. You agree that Digital shall not be responsible or liable for any loss or damage of any kind incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Service.
18. MODIFICATIONS TO THE SERVICE
Digital reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you, without any liability to you or to any third party.
You agree that any unauthorised use of the Service, the Music Content or any related software or materials may result in irreparable injury to Digital and/or its affiliates or licensors for which money damages would be inadequate, and in such event Digital, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to seek immediate injunctive relief against you. Nothing contained in these Conditions shall be construed to limit the remedies available pursuant to statutory or other legal authority that Digital, its affiliates and/or licensors may have.
You understand and agree that your use of the Service and Music Content is at your own sole risk. The Service and Music Content (the "Products") are provided "as is" and without warranty by Digital or its agents, employees, parents, subsidiaries, affiliates, licensors, business partners and/or suppliers (the "Digital Entities"), as applicable, and, to the maximum extent allowed by applicable law, the Digital Entities expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty of non-infringement. The Digital Entities do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Products with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold any Digital Entity responsible for any damages that result from you accessing the Service or using the Products including, but not limited to, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to any of the Digital Entities.
Digital makes no warranty that any particular CD burner or portable device will be compatible with the software used to download Music Content or other material or that any CD burned using the software to download the Music Content or other material will function in all CD players. It is your sole responsibility to ensure that your system(s) will function correctly.
Under no circumstances shall any Digital Entity be liable for any unauthorised use of the Service, Music Content or any other materials.
Under no circumstances shall any Digital Entity be liable to you for any consequential, incidental or special damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use of or inability to use the Products, even if the Digital Entity has been advised of the possibility of such damages.
GENERAL PROVISONS APPLICABLE TO BOTH BOOMKAT & DIGITAL
If you are under 18 you may only purchase goods from Us or make use of the Service with the involvement of a parent or guardian.
22. CREDIT CARD SECURITY
We and Digital both place great importance on keeping secure the credit card details you provide and to that end We and Digital use security systems which comply with the Payment Card Industry Data Security Standard, a worldwide standard for data protection across the payment industry.
23. FORCE MAJEURE
We shall have no liability to you for any failure to deliver any items which you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
24. LIMITATION OF LIABILITY
In the event that either We or Digital are held to be in breach of the Conditions the extent of any such liability shall be limited to loss that would have been reasonably foreseeable by you and Us or Digital (as the case may be) at the time the contract between you and Us and/or Digital (as the case may be) was formed (as determined in accordance with the foregoing provisions) and in any event any liability of Us or Digital (as the case may be) shall be limited to the value of the goods ordered by you in the relevant transaction. Nothing contained in the Conditions shall be deemed however to limit Our or Digital's (as the case may be) liability for death or personal injury arising as a result of negligence on the part of Boomkat or Digital (as the case may be). To the extent that any disclaimer or limitation on damages or liability in these Conditions is prohibited or limited by applicable law, then Boomkat and Digital (and if applicable the Digital Entities) shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity and in no event shall such damages or liability exceed £100.00.
25. THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
26. LAW AND LEGAL NOTICES
These Conditions and any other terms or documents referred to herein represent your entire agreement with Us and Digital with respect to your use of the services offered by them respectively. If any part of the Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
The laws of England and Wales govern the Conditions and your use of the Service and the Tracks. You agree that the English Courts have jurisdiction over any claim or dispute whether with Us or with Digital or relating in any way to your account or your use of the Service or the Tracks.
Boomkat are committed to protecting and respecting your privacy.
We do not send unsolicited emails to customers, and do not pass on
your private details to any third parties.
and any other documents referred to on it sets out the basis on which
any personal data we collect from you, or that you provide to us,
will be processed by us. Please read the following carefully to
understand our views and practices regarding your personal data
and how we will treat it. By visiting boomkat.com you are accepting
and consenting to the practices described in this policy.
For the purpose of the Data Protection Act 1998 (the Act), the
data controller is Boomkat Limited of 2nd Floor Swan Building,
20 Swan Street, Manchester, M4 5JM
We may collect and process the following data about you:
website. This helps us to provide you with a good experience when
you browse our website and also allows us to improve our site. For
more information on the cookies we use and the purposes for which
We use information held about you in the following ways:
Information you give to us. We will use this information:
Information we collect about you. We will use this information:
We may share your personal information with any member of our
group, which means our subsidiaries, our ultimate holding company
and its subsidiaries, as defined in section 1159 of the UK Companies
We may disclose your personal information to third parties
If we are under a duty to disclose or share your personal data
in order to comply with any legal obligation, or in order to
enforce or apply our Terms of Website Use (www.boomkat.com/terms)
and other agreements; or to protect the rights, property, or safety
of Boomkat Limited, our customers, or others.
The data that we collect from you may be transferred to, and stored
at, a destination outside the European Economic Area ("EEA"). It may
also be processed by staff operating outside the EEA who work for us
or for one of our suppliers. Such staff maybe engaged in, among other
things, the fulfilment of your order, the processing of your payment
details and the provision of support services. By submitting your
personal data, you agree to this transfer, storing or processing.
We will take all steps reasonably necessary to ensure that your
all information you provide to us is stored on our secure servers.
We take the security of our website and of your transactions
extremely seriously. We encrypt all traffic involving personal
data with industry-standard SSL certificates and we are also PCI
compliant - meaning that we follow all current data security
standards and undergo weekly scans monitoring our security status.
Additionally, we do not store any card details at all, all payments
are handled using a system of Tokenisation which is an
industry-standard method of secure payment handling. When you place
an order with us payment is either handled via your Paypal account
or if you choose to pay by credit/debit card we create a "Token"
with your payment details which is stored by the Bank payment gateway.
When you return to make a purchase it basically reactivates the
"Token" so no details need to be entered again and those details
are not stored by us.
Where we have given you (or where you have chosen) a password
which enables you to access certain parts of our site, you are
responsible for keeping this password confidential. We ask you
not to share a password with anyone.
Although we will always do our best to protect your personal data, we
cannot 100% guarantee the security of your data transmitted to our site
due to the nature of the internet. Any transmission is at your own risk,
but once we have received your information, we will always use strict
procedures and security protocols to try to ensure the safety of that
posted on this page. Please check back to see any updates or changes
welcome and should be addressed to email@example.com.
website. This helps us to provide you with a good experience when
you browse our website and also allows us to improve our site. By