Terms Of Use
Welcome to bokodesigns.ca!
PLEASE TAKE A FEW MINUTES TO REVIEW THESE TERMS AND CONDITIONS (“TERMS”). THESE TERMS APPLY TO YOUR ACCESS AND USE OF THE BOKODESIGNS.CA WEBSITE, ALL OTHER WEBSITES, MOBILE SITES, SERVICES, APPLICATIONS, PLATFORMS AND OTHER TOOLS WHERE THESE TERMS APPEAR OR ARE OTHERWISE REFERENCED, OR FOR WHICH NO SEPARATE TERMS ARE PROVIDED AS WELL AS TO YOUR VISITS TO OR INTERACTION WITH US IN ANY OF OUR STORES OR ELSEWHERE (COLLECTIVELY, THE “SITE”). YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW THESE TERMS AND TO BE BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS, THEN PLEASE DO NOT USE THE SITE.
These Terms contain an arbitration provision. Please review the Arbitration section for details.
Who We Are
As used in the Terms and on the Site, “bokodesigns.ca, Boko Designs, We, Us” refers to Boko Designs with headquarters located at 8-270 Pennsylvania Ave, Concord, Ontario. If you have any questions about these Terms, the Privacy Policy or the Site, you may contact us via the Customer Service information provided on the Site.
These Terms and Conditions May Change
We reserve the right to update or modify these Terms at any time, upon notice to you in writing to the last address provided, by email, by posting on the Site or by any other reasonable means of communication. We also reserve the right, at any time, to modify or update our Privacy Policy in the same manner. You confirm your acceptance of the modifications or updates by continuing to use the Site.
Eligibility
You must be at least 13 years old to use the Web Site or our mobile applications. If you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use the Web Site and our mobile applications with permission from your parent or legal guardian.
Your Account
You may be required to register with Us in order to access certain services or areas of the Site. Our Privacy Policy explains how we protect and use your information. If you create an account, your username and password are for your personal use only and you are responsible for maintaining the confidentiality of your account information (including your password) and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available, We reserve the right, in our sole discretion, to terminate your account, refuse service to you, or cancel orders.
Shipping and Processing and In-Store Pick-Up
Our shipping and processing charges are intended to compensate Us for the cost of processing your order, handling and packing the products you purchase and delivering them to you. We encourage you to also review detailed information about our shipping and processing fees.
Intellectual Property
The Site, including all of its information and contents such as photographs, images, text, data, wallpapers, icons, characters, artwork, graphics, page layout, form, music, sound, messages, software and the code used to generate the pages on the Site (collectively, the “Materials”), is the property of Boko Designs and is protected by intellectual property and other applicable laws in Canada. Except as otherwise provided on the Site or in these Terms, you may not download, upload, copy, print, display, reproduce, publish, license, post, distribute, or otherwise use any Materials from the Site in whole or in part for any public or commercial purpose without specific prior written permission from Boko Designs. We are the owner and/or authorized user of the Boko Designs brand as well as any other registered or unregistered trademarks, trade names, logos, designs, titles and product names appearing on the Site, and the copyright owner or licensee of the Materials on the Site, unless otherwise indicated. You may not use any metatags or any other “hidden text” utilizing any of Our names or trademarks without Our express written consent.
Use of the Site
We grant you a personal, limited, non-exclusive, non transferable license to access and make personal use of the Site and the Materials and other information contained on the Site. This license does not include any resale or commercial use of the Site; any collection and commercial use of any photographs or other Materials published on the Site; any non-personal use of Our product names, listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site or the Materials for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. You may use the Site only as permitted by law. All rights not expressly granted to you in these Terms are reserved and retained by Us and/or our suppliers and licensors. The licenses granted by Us to you automatically terminate if you do not comply with these Terms.
You are responsible for your use of the Site, and for any use of the Site made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, We prohibit certain kinds of conduct that may be harmful to other users or to Us. When you use the Site, you may not:
-violate any law or regulation;
-violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
-post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
-engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Web Site or mobile applications;
-transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
-attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site;
-advocate, encourage, or assist any third party in doing any of the foregoing.
User Content
The Site may allow you to upload, submit, store, send, or receive content and data such as comments, reviews and photos (“User Content”). You may also submit User Content in the other ways that you interact with Us such as through social media, by email, by phone, and otherwise. You retain ownership of any intellectual property rights that you hold in that User Content.
When you upload, post, submit, send, or receive any User Content to or through the Site, you give Us permission to reproduce and use your User Content as follows: you grant to Us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site), publicly perform, publicly display, and distribute your User Content. This license is for the purpose of operating and improving the Site, to develop new products and services, and for other marketing purposes, including without limitation in catalogs, email and other customer communications, store materials and other marketing. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Boko Designs or the Site. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes.
You promise that:
-you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
-your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit User Content for any reason with or without notice. We may remove User Content from the Site for any reason with or without notice.
Disclaimer
THIS SITE AND ALL CONTENT AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS SITE THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT BOKO DESIGNS AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE OR OUR MOBILE APPLICATIONS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL LIABILITY FOR ANY DAMAGES ARISING FROM SUCH COMMERCIAL USE.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH BOKO DESIGNS AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”).
IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOKO DESIGNS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF THE SITE OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOKO DESIGNS AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BOKO DESIGNS OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE SITE OR MOBILE APPLICATIONS, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
Product Pricing Information
The prices displayed on our Site may differ from prices that are available in stores or in catalogs, and our pricing may differ from store to store.
For full-price products, “Suggested Price” or “Sugg. Price” refers to the manufacturers’ suggested retail price. “Our Price” refers to the everyday value price we offer to our customers. For sale products (identified by pricing in red), “Suggested Price” or “Sugg. Price” refers to the most recent selling price. “Sale” refers to the reduced price we are offering to our customers.
Special Offers
Occasionally we will offer special promotions to our customers that we refer to as “special offers” or “special offer”. This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your email address and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to verify the email address you provided by responding following given instructions that affirms your choice to opt-in to this Service and your agreement to these Terms. Boko Designs reserves the right to stop offering the Service at any time with or without notice.
By opting into the Service, you:
-acknowledge that you do not have to agree to receive messages as a condition of purchase.
-confirm that you are the subscriber to the relevant email (or phone number) or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
-consent to the use of an electronic record to document your opt-in.
Messages You May Receive
Once you affirm your choice to opt in to the Service, your message frequency may vary. You may receive an alert when:
– you are welcomed into the Service
– an order has been placed
– an order has been delivered
– an item or items has shipped; an item or items are ready for an in-store pick up
-there are general marketing or promotions
To Stop the Service
To stop receiving emails from Boko Designs, please unsubscribe from our email list.
Inaccuracy Disclaimer
From time to time there may be information on our Site or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Boko Designs reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.
Browsing Session Information
We use technology that maintains a record of your browsing session. We use this information for quality control, customer service, fraud prevention and security, and marketing purposes.
Information Dispute Resolution
We try to address any disputes without the need to initiate a formal legal case. In the event you have any dispute with us, you shall first try in good faith to settle such dispute by providing written notice to us describing the facts of the dispute (including any relevant documentation) and allowing us thirty (30) days to respond before initiating any formal dispute resolution proceeding. Notices to us must be sent by mail to Boko Designs, 8-270 Pennsylvania Ave, Concord, Ontario, L4K 3Z7, Canada, Attention: Legal Department. We will send any dispute related notice to you at the contact information we have for you. If for some reason the dispute is not resolved satisfactorily within thirty (30) days after receipt, any further dispute resolution will occur according to the provisions below. Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing a formal dispute resolution proceeding, such as an arbitration or small claims court proceeding.
Accessibility
We strive to make our Site content accessible and user-friendly. If you are having difficulty viewing the content on this Site or navigating the site, please call our Customer Service Team at 437-987-6444 or email our team at info@bokodesigns.ca and we will be happy to assist you.