Terms and Conditions

In General

Boomerangz Footwear, www.bmzcanada.ca owns and operate this Website. This document governs your relationship with www.bmzcanada.ca. Access to and use of this Website and the products and services available through this Website are subject to the following terms, conditions and notices. By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. Please check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.

This Website may contain links to other websites, which are not operated by Boomerangz Footwear. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

 

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

 

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Boomerangz Footwear or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Boomerangz Footwear and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

 

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

 

In order to contract with www.bmzcanada.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Boomerangz Footwear retains the right to refuse any request made by you. Where a contract is made with a third party Boomerangz Footwear is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

 

(a) Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

 

(b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

 

(c) Payment

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

 

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Boomerangz Footwear hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Boomerangz Footwear’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

 

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trademarks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Boomerangz Footwear and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Boomerangz Footwear.

 

Indemnity

You agree to indemnify, defend and hold harmless Boomerangz Footwear, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

 

Variation

Boomerangz Footwear shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

 

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

 

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

 

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

Social Media Terms

Boomerangz Footwear Pty Ltd  A.C.N. 136 786 911 (we, us, our or Boomerangz Footwear) offers its social media pages as a service to provide you with information about us, our services, and other material of interest.

Our social media pages are those pages on social media websites including, but not limited to, Facebook, Twitter, Linkedin, Pinterest, Instagram and Slideshare, that are identified as a web page associated with Boomerangz Footwear (Social Media Pages). To avoid any confusion between a third party Social Media Page and our own, a link to each Social Media Page that is associated with Boomerangz Footwear can be found on our website, located at www.bmzcanada.com (the Website). We do not associate ourselves with, or provide any warranties as to the quality, content or legality of Social Media Pages that are not linked to from our Website.

In accessing and using our Social Media Pages, you must also comply with any terms and/or conditions specific to those websites as well as with these Terms.

 

Content on Social Media Pages

Regardless of whether it was posted and/or uploaded by us or a third party, Boomerangz Footwear: – does not endorse any comments, advice, statements, visuals, audio, videos or other material (Content) posted to our Social Media Pages; – does not represent or warrant the accuracy of the Content posted to our Social   Media Pages; and – will not be liable for any Content posted to our Social Media Pages.

Whilst we may not monitor all Content that you post to our Social Media Pages, we expect that you will not post any Content that we may deem to:   – be defamatory, abusive or hateful, intimidating, or misleading; – constitute junk mail or bullying; – infringe a third parties rights; or – be in breach of any laws.   In the event that you do post such material, we reserve the right to remove that material from our Social Media Pages immediately and without notice to you.   We will also remove, without notice to you, any unapproved Content that is commercial in nature. We are not responsible, nor will we take any responsibility for, any advertising material that may be displayed on our Social Media Pages by third parties, including Facebook.

 

Third Party Links

Boomerangz Footwear may, from time to time, provide hyperlinks to third party websites (Linked Websites). We do not control content posted on Linked Websites, and consequently, we are not, and will not be, responsible for any content found on them. We provide hyperlinks to Linked Websites for your convenience only, and do not endorse or approve any of the content found within Linked Websites. We do not take any responsibility or warrant the accuracy of any aspect of content or information provided via the Linked Websites.

 

Intellectual Property

By uploading Content to any of our Social Media Pages, you grant us a worldwide non-exclusive, sub-licensable, royalty-free licence to: – use, reproduce, distribute, display, publish and/or adapt any part or all of the   Content; – publicly promote, endorse or market the Content in any way whatsoever,   including via the Social Media Pages or otherwise; and – perform or carry out any actions associated with achieving any of the above. We may use the Content for any period of time beyond your removal of the Content from the Social Media Pages.

 

Miscellaneous

To the extent permitted by law, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Social Media Pages by you.   We do not make any claims that the information or Content on the Social Media Pages is appropriate or may be downloaded in all areas, countries or jurisdictions. The information contained in the Social Media Pages may not be accessed legally by certain persons or in certain countries. If you access any Social Media Pages, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

 

Contact Us

Thank you for taking the time to observe our Social Media Terms. Please email us at info@bmzcanada.ca if you have any concerns about any Content on our Social Media Pages.

Social Media Terms last updated 2 July 2020.