Terms of use


The Website www.boomerangdrink.com and/or any Mobile Application which facilitates access to the www.boomerangdrink.com Website (together, "the Website", “we” or “us”) is owned and operated by Boomerang Drinks Limited, a Company registered in England with Company number 11533414 and registered office at The Mill, Pury Hill Business Park Alderton Road, Paulerspury, Towcester, Northamptonshire, United Kingdom, NN12 7LS.

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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU ARE ADVISED NOT TO CONTINUE USING THIS WEBSITE ANY LONGER.


PLACING YOUR ORDER


Boomerang Drinks Limited specialise in providing dietary supplements that support your body’s natural metabolism after consuming alcohol.


In order to successfully place an order through our Website, you must be at least 18 years of age and must accurately complete and submit the Order Checkout Form. We accept online non-refundable payment for all confirmed orders via credit card, Paypal or debit card. Such payment is inclusive of shipping charges, as and where applicable. It is your responsibility to ensure that a valid card number and billing address is provided for us to process your payment. All successful transactions shall be followed up by an online receipt via email to the email address provided by you during registration. In case you have any question about the pricing or method of payment, feel free to reach out to our customer support before you make the payment. We accept no liability for any error in any third party payment gateway. In case there is any revision of our fees and service charges, you shall be notified in due time.


DISCLAIMER


Boomerang Drinks Limited encourages responsible drinking and does not support or promote any kind of abuse of alcoholic beverages. Our product does not claim to treat, cure or prevent intoxication, hangover or alcohol poisoning. Our product is not intended for sale to users who are below the permissible legal age of drinking. Under no circumstances does the intake of our product make it safe or legal for an intoxicated user to attempt to operate a motor vehicle.


Nothing contained in these Terms and Conditions or on the Website may be considered as a recommendation, endorsement, warranty or guarantee with respect to the validity, accuracy, availability, completeness, safety, quality or legality of any product, service, opinion, advice, recommendation or information made available on the Website or any other associated forum. While we have taken all possible measures towards full disclosure of the features of our product including ingredients, allergens, colours and other details, we give no warranty that such description is completely accurate, exhaustive, reliable, current, or error-free.


By placing an order for our product, you acknowledge and agree that all advice or information provided on and through this Website are for informational purposes only and under no circumstances they are intended or should be interpreted as to be intended to constitute or substitute any medical advice, diagnosis, or recommended treatments. We strongly encourage you to consult your GP before the intake of the product if you are pregnant or breastfeeding, and discontinue immediately if you feel any adverse side effects.

ACCEPTABLE USE OF WEBSITE


In order to maximize your user experience in using the Website, and avoid, eliminate or minimize disruptive activities, we ask you to maintain the following:

  • ensure that the information furnished by you during placing an order is accurate, true, current and complete, and maintain and update such information from time to time;
  • do not use the Website in any way or take any action that may undermine, disrupt, damage or manipulate the working functionality, performance, availability or accessibility of the Website;
  • do not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Website, or any updates or any part thereof;
  • do not upload, distribute or otherwise publish through the Website any content that is libellous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, or violate the rights of any party or that would otherwise give rise to liability or violate any law;
  • do not use the Website in any manner that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • do not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity for any purpose;
  • do not violate, plagiarize, or infringe on the rights of third parties, including without limitation copyright, trademark, trade secret, privacy, publicity or other proprietary rights;
  • do not use data collected from the Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

LIMITATION OF LIABILITY


The Website is provided in an “as is” basis, and while we try to ensure that all information on the Website is correct and up-to-date, we make no promises to the accuracy or completeness of such information. Under no circumstances will Boomerang Drinks Limited any of its directors, shareholders, employees, subcontractors and agents be liable for any incidental, consequential, or indirect damages (including, but not limited to, physical harm, loss of profits, business interruption, loss of goodwill and the like) arising out of the use or inability of use of the service/ information provided on or downloaded from the Website, or any delay in the processing of such information or services. For removal of doubt, this includes situations where there is any failure or delay in performance of any of the obligations under these Terms and Conditions that is caused by events outside our reasonable control (force majeure events). In the event applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law, and the shall in no circumstances exceed the value of your order.

Notwithstanding the above, nothing under these Terms and Conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence

(b) limit or exclude any liability for fraud or fraudulent misrepresentation

(c) limit or exclude any liabilities that may not be excluded under applicable law


INDEMNIFICATION


You agree to indemnify, defend and hold harmless Boomerang Drinks Limited, its officers, directors, employees, agents, licensors, consultants, representatives and agents from and against all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with (a) your use of or inability to use the Website or Services (b) your violation of any terms of these Terms and Conditions, or (c) your violation of any applicable laws, rules or regulations. Boomerang Drinks Limited reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will offer complete cooperation with Boomerang Drinks Limited in asserting any available defences.


INTELLECTUAL PROPERTY


All information and contents displayed in the Website including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned and/or licensed by Boomerang Drinks Limited and are protected by international laws on patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names and other applicable rights. By agreeing to these Terms and Conditions you understand and agree to not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, any material on or from the Website, including text, graphics, logos and designs for any purpose whatsoever or allow any third party to do so.


THIRD PARTY CONTENT AND THIRD PARTY WEBSITES


The Website may contain external links and advertisements submitted by or directed towards third party Websites. Unless expressly stated otherwise, links to such third party Websites do not signify that we endorse the Website(s) and/or is associated with such sites in any manner and may not be held responsible or liable directly or indirectly for the content, accuracy or opinions expressed in such Websites or the standard of goods or services available through or on such Websites. If you decide to access linked third party Websites, you hereby agree to do so at your own risk and these T&C (including Privacy Policy) no longer remains applicable.


ELECTRONIC COMMUNICATIONS

The communications between you and Boomerang Drinks Limited use electronic means. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hard copy writing.


MISCELLANEOUS


This Agreement shall be governed by and construed in accordance with the laws of England and Wales. All disputes between the parties as to the validity, execution, performance, interpretation or termination of this Agreement will be submitted to the exclusive jurisdiction of the Courts of London.

Each party will bear their own respective legal costs of and incidental to the negotiation, any variation and execution of these Terms and Conditions, and the enforcement or attempted enforcement of respective rights, remedies and powers under the same.

Except when specifically mentioned, neither party may assign any right, interest or obligations under these Terms & Conditions without prior written consent of the other party.

The failure of either party to require or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance.

In the event of the invalidity of any part or provision of this Agreement such invalidity will not affect the enforceability of any other part or provision of this Agreement.

We may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the same on the Website. You agree to review this document periodically to be aware of such modifications and your continued access or use of the website shall be deemed as a conclusive acceptance of such modified terms and conditions.


Last updated on 24 October 2018