BOOHOOMAN TERMS OF WEBSITE USE

Last modified: 04/04/2023

These terms of use are entered into by and between you and boohooman.com UK Limited (“we,” “us,” or “our”).This document (the “Terms of Use”), together with the policies and terms referred to below, set out the rules for using www.boohooman.com ("our site"), whether as a guest or a registered user. Use of our site includes accessing, browsing, shopping on or registering to use our site. Please read these Terms of Use carefully before you start to use our site. We recommend that you print and keep a copy of these Terms of Use for future reference. By using our site, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use our site.

Information about us

www.boohooman.com is a site operated by boohoo.com UK Limited. We are a limited company registered in England and Wales under company number 05723154 and with our registered office at 49/51 Dale Street, Manchester, England M1 2HF. Our UK VAT number is 185 4874 61.

Other applicable terms

Should you wish to purchase any goods shown or advertised on our site, the supply of those goods will be subject to our Terms and Conditions of Sale. Our Privacy Notice (which sets out the terms on which we process your personal data) and our Cookie Policy (which sets out information about the cookies on our site) will also apply to your use of our site.

Changes to these Terms of Use

We may revise these Terms of Use at any time by amending this page. All changes are effective immediately when we post them, and apply to all access to and use of our site thereafter. Every time you wish to use our site, please check these Terms of Use to ensure you understand the terms that apply at that time. Your continued use of our site following the posting of revised Terms of Use means that you accept and agree to the changes.

Access to 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 at any time without notice. We will not be liable to you if for any reason all or part of our site is unavailable or interrupted at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Your account and password

You may access most areas of our site without registering your details with us, but certain areas of our site will only be open to you if you register with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any third party. You agree that all information you provide to register with our site or otherwise, including, but not limited to, through the use of any interactive features on our site, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice. We have the right to disable any user identification code, password or account at any time, if in our sole discretion you have failed to comply with any of the provisions of these Terms of Use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at customerservcies@boohoo.com.

Your use of our site

You may use our site only for lawful purposes and in accordance with these Terms of Use. You may not use our site:

• in any way that breaches any applicable local, national or international law, regulation or code of practice;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• in any way that infringes any intellectual property right or right to privacy; and/or
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation to any person.

You also agree not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these Terms of Use. Breach of any of these conditions of use of our site constitutes a material breach of these Terms of Use.

Interactive services

We may from time to time provide interactive services to you on our site. For example, we may allow you to leave reviews of our products (subject to our content standards set out below). Use of any of our interactive services by a minor is subject to the consent of their parent or guardian. By submitting any content (“User Content”) to our site or through our interactive services, you agree that we shall have a non-exclusive, perpetual, royalty-free, worldwide right and licence to use, reproduce, distribute and make available such content on our site and in our marketing materials. Any User Content you post to our site will be considered non-confidential and non-proprietary. We may, from time to time, if we consider it appropriate, moderate any content that you provide through the interactive service provided on our site. However, we are under no obligation to do so. Moderation may be carried out automatically and/or manually, by us or by a third party on our behalf. Any content posted on our site by users through any interactive service does not necessarily reflect the opinions, views, values or ideals of boohoo.com UK Limited or our personnel. We are not responsible, or liable to you or any third party, for the content or accuracy of any User Content provided by any third parties. We also expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of these Terms of Use, whether the service is moderated or not. If you wish to complain about information or materials uploaded to our site by other users please contact us on customerservcies@boohoo.com.

Content Standards

You must ensure that any and all information and material which you post to User Content and use of any interactive services associated with it complies with following standards. User Content must be accurate (where it states facts), be genuinely held (where it states opinions) and comply with applicable law in the UK and in any country from which it is posted. Product reviews will only be accepted from genuine, verified purchasers in the correct language for the relevant website and will not be accepted from our employees. You are solely responsible for securing and backing up your content. User Content must not:

• contain any material which is defamatory of any person, obscene, offensive, hateful, malicious or inflammatory or which promotes violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any intellectual property right of any other person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
• disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any other person. In the case of product reviews, you may include your first name and location in your review, but should not include any other personal information;
• be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that it emanates from us, if this is not the case;
• advocate, promote or assist any illegal activity or unlawful act; or
• contain any advertising or promote any goods or services or links to other websites.

We will determine, in our discretion, whether there has been a breach of these content standards through your use of our site. When a breach of these content standards has occurred, we may take such action as we deem appropriate and reserve the right to reject publication of any such User Content or delete such User Content from our site. If we reject or remove a product review or any User Content, we may send it back to you with an explanation of why it has been rejected and we may give you the opportunity to edit and resubmit your review, but we are not obliged to publish any review or User Content. Failure to comply with these content standards constitutes a material breach of these Terms of Use. You will be responsible and will compensate us for any loss or damage we suffer as a result of you breaching these content standards.

Viruses, hacking and other offences

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 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 that 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.

Intellectual property rights

All intellectual property rights in our site, its entire content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof), are owned by us and our licensors. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

These Terms of Use permit you to use our site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our site, except as provided in these Terms of Use. 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. If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Our trade marks are registered. The word “boohoo MAN” and the logos incorporating this word and/or our other logos displayed on our site are trade marks of boohoo.com UK Limited. You are not permitted to use these trade marks without our approval, unless they are part of any material you are using as permitted above. All other names, logos, products and service names, designs, and slogans on our site are the trademarks of their respective owners.

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.

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 and any reliance you place on such information is at your own risk. 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 in respect of your use of our site

Please note that we only provide our site and products for domestic and private use. You agree not to use our site or any of our products for any commercial, business or resale purposes, and we have no liability to you for any loss of any business of yours (including but not limited to loss of profit, loss of business, business interruption, or loss of business opportunity). If you are not a consumer you must obtain our prior written consent to purchase products from our site.

Please note that if you are not a consumer, we:

• exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it;
• we will not be liable to you 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; and
• 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;
• waste of management or office time;
• any indirect or consequential loss or damage; or
• any liability or obligation we may have under any applicable consumer rights laws.

However, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

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.

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 and any reliance you place on such information is at your own risk. 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 in respect of your use of our site

Please note that we only provide our site and products for domestic and private use. You agree not to use our site or any of our products for any commercial, business or resale purposes, and we have no liability to you for any loss of any business of yours (including but not limited to loss of profit, loss of business, business interruption, or loss of business opportunity). If you are not a consumer you must obtain our prior written consent to purchase products from our site.

Please note that if you are not a consumer, we:

• exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it;
• will not be liable to you 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; and
• 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;
• waste of management or office time;
• any indirect or consequential loss or damage; or
• any liability or obligation we may have under any applicable consumer rights laws.
• However, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Security and other factors outside our control

Finally, please be aware that the security of communications sent over the Internet (including by e-mail) is subject to many factors outside of our control. As such, we do not guarantee the security or confidentiality of any electronic communications. In addition, we shall have no liability for your inability to connect to or to access our site which may result from any faults, errors or problems relating to your PC hardware, software, network or security, or your Internet service provider or any other similar problem.

Our rights

If we determine, in our discretion, that there has been a breach of these Terms of Use, we may take such action as we deem appropriate, which may include issuing a warning to you, withdrawing your right to use our site, taking legal proceedings against you and/or disclosing such information to law enforcement authorities as we reasonably feel is necessary.

Linking to our Site

You may link pages of our site to your personal social media accounts where social media sharing plug-ins are available on our site; however we may withdraw such permission at any time and you agree to remove any link where we request that you do so. Any other linking to our site is prohibited without our prior written consent. You must not establish a link to our site:

• in a way that is not fair or legal or which damages our reputation or takes advantage of it;
• in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
• on a website that is not owned by you; or
• in any website that includes unlawful or fraudulent content, has any unlawful or fraudulent purpose or effect or breaches the content standards set out above.

You must not frame our site on any other site or create a link to any part of our site other than the home page without our prior written consent. We reserve the right to withdraw linking permission without notice. If you wish to make any use of content on our site other than permitted in these Terms of Use, please contact customerservices@boohoo.com.

Third Party Links and Resources in our Site

Where our site contains links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only. Such links should not be interpreted as endorsement by us of those linked websites or any information or products contained on them. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

We May Transfer This Agreement to Someone Else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Termination

We reserve the right in our sole discretion, to restrict, suspend, or terminate your use or access to any of our site and/or discontinue any portion, feature, or content of our site or this Terms of Use at any time and for any reason without prior notice or liability. When reasonably feasible in our sole discretion, we will make reasonable efforts to provide notice of significant changes to our site. All provisions of the Terms of Use as to limitation and disclaimer of warranties, limitation of liability, boohoo.com UK Limited’s ownership rights and your representations and indemnities shall survive termination.

Waiver and Severability

No waiver by boohoo.com UK Limited of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of boohoo.com UK Limited to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Notice, any documents they incorporate by reference, and any additional terms you agree to in connection with our site constitute the sole and entire agreement between you and boohoo.com UK Limited regarding our site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our site.

Applicable Law

Please note that these Terms of Use or any dispute or claim arising out of or in connection with them or use of our site (whether or not contractual) shall be governed by Australian law. If you are a consumer, your use of our site will be governed by Australian law, except that if you are not resident in Australia then Australian law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence. If you are a consumer, you and We both agree that the courts of Australia shall have non-exclusive jurisdiction over any dispute or claim arising from, or related to, these Terms of Use or use of our site (including non-contractual disputes or claims), save that nothing shall limit your legal rights to bring actions against us or to require proceedings to take place in the place of your residence. If you are a business or are using our site for business purposes, you and We both irrevocably submit to the exclusive jurisdiction of the courts of Australia.

Contact Us

If you wish to contact us in respect of our site, please contact us at customerservices@boohoo.com. Thank you for visiting our site.