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
- If you purchase goods or non-physical copies of recordings from our site, our Terms and Conditions of Supply (see below) will apply to the sales.
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 However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.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:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
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 firstname.lastname@example.org
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 email@example.com
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.