Acceptance of Terms & Conditions
These Terms & Conditions govern your use of the Boomerang website (www.boomerangrentals.co.uk and www.boomerangrentals.com. By using the Boomerang website, you accept and agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, you should not use the Boomerang website.
Boomerang is a trading name of Boomerang Video Ltd.
Changes to Terms & Conditions
Boomerang reserves the right, from time to time, with or without notice to you, to change these Terms & Conditions at its sole discretion. The most current version of these Terms & Conditions can be reviewed by clicking on the "Terms & Conditions" hyperlink located at the bottom of most pages of the Boomerang website. The most current version of the Terms & Conditions will supercede all previous versions. Your use of the Boomerang website after changes are made means that you agree to be bound by such changes.
Minimum Requirement
By joining this service, you confirm that you meet the following minimum requirements. Boomerang reserves the right to cancel without refund any account where we suspect that you do not meet these requirements.
a. you must be at least 18 years of age. Persons under the age of 18 are not permitted to join Boomerang.
b. you must live in the United Kingdom (including Northern Ireland);
c. you must have a valid credit or debit card;
d. you agree to provide us with personal details (including your name, email address, postal address and credit card details) that are true and current, and you agree to update us if at any time your personal details change by using the appropriate functions in the "My Account" section of the website.
Membership and Billing
You can find the specific details regarding your subscription with Boomerang, including your next billing date, at any time by clicking on "My Account", located at the top of the pages of the Boomerang website.
Free Trials
Free trials are only available to new subscribers of www.boomerangrentals.co.uk. Previous subscribers or trialists (of www.boomerangrentals.co.uk or any other service provided by Boomerang Video Ltd.) do not qualify for a free trial. Only one free trial may be redeemed per household and a free trial may not be combined with any other offer. You must have internet access and a valid debit/credit card to redeem a free trial offer.
Upon registering for your free trial, your debit/credit card will be pre-authorised for one subscription payment to verify your identity, and to protect us from theft and fraud. This may leave a shadow on your card for up to 10 days and these funds may not be available during this period.
We will begin billing you for monthly subscription fees for the Boomerang service on the last day of your free trial unless you cancel prior to the end of your free trial. We will continue to bill you by your chosen payment method on a monthly basis for the Boomerang service until you cancel.
You must cancel your account before the end of your free trial to avoid charges. For instructions on how to do this, see the section on 'cancellation' below.
Billing
As a subscriber to Boomerang, you agree that we are permitted to charge you a monthly subscription fee and any other charges that you may incur in connection with your use of Boomerang. The subscription fee will be billed on the last day of your free trial and on each monthly renewal thereafter unless and until you cancel, and regardless of how much you use the service. We will automatically charge your debit/credit card each month on or after the calendar day corresponding to the commencement of your membership (usually your free trial's expiry date). All fees and charges are non-refundable. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you wish to use a different credit card or payment method, or if there is a change in your card validity or expiry date, you may edit payment details by clicking on "My account", available at the top of most pages of the Boomerang website.
You agree not to hold us responsible for banking charges incurred due to payments on your account.
Please note that should your account fall into arrears, Boomerang Video Ltd reserves the right to charge you a £5 administration fee to cover our costs in requesting you bring your account up to date.
In addition, Boomerang Video Ltd reserve the right to pass on your details to a collection agency for retrieval of the outstanding debt. There will be a £25 minimum handling charge for all such cases.
Where we are not able to recover the oustanding subscription arrears and/or Video Games, Boomerang Video Ltd reserve the right to instigate a claim against you through the Small Claims Court. There will be a minimum Claim charge of £30.
These costs will be added to the amount you owe.
Automatic renewals
Your Boomerang subscription will be automatically renewed on a monthly basis. For your convenience, we will charge the monthly subscription fee to the debit/credit card that you provide to us during registration (or to a different payment method if you change your account information subsequently). Your membership will automatically renew for successive monthly subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews in order to avoid billing of subscription fees.
Account changes
You may upgrade or downgrade your Boomerang subscription as often as you like, within the 'My account' section of the Boomerang website. Any reduction in your monthly bill will take effect at the next billing period after any outstanding games have been returned to us. Any increase in your monthly bill resulting from an upgrade will take effect immediately, being pro-rated to the remainder of your billing period, and the increase may be charged immediately (without changing any subsequent billing dates).
Delivery and return of Games
We currently use the Royal Mail, first-class postage prepaid, to deliver and return the games you have selected to play. Actual delivery times may vary for you depending on (i) our stock availability, (ii) your delivery address, (iii) when you make your selection and (iv) circumstances impacting delivery by the Royal Mail.
You agree to treat the games and their associated packaging with the utmost care at all times. You agree that you may need to compensate Boomerang Video Ltd for any game lost or returned in an unacceptable condition (beyond reasonable wear and tear) - and that you allow Boomerang to charge such compensation to your debit/credit card. We will notify you of any such charges.
You agree to report to Boomerang Video Ltd any possible loss or late delivery of a game to you within 4 days of receipt of the confirmation of game despatch email you will recieve from Boomerang. You agree to complete any paper work and fulfil any reasonable request to assist Boomerang Video Limited to obtain compensation for any lost game from Royal Mail.
You agree to obtain Proof of Posting on all games you return to us. These can be obtained free of charge from any Post Office.
You agree that if a returned game is lost in the post, you will provide to Boomerang Video Ltd the original Proof of Posting by recorded delivery within 7 days of the loss being identified (retain a copy for your own records).
You understand that Boomerang Video Ltd reserve the right to debit your debit/credit card for up to the full retail price of any lost game, if you fail to adhere to the above terms. We will notify you of any such charges.
We reserve the right to cancel your membership if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
You agree that you will be responsible for any use of any games supplied by us to you and that any minor's use of any games will be restricted by you consistent with any applicable age classification applied to that game.
Cancellation
As noted above, you may cancel your subscription to Boomerang at anytime. Cancellation requests must be via the website www.boomerangrentals.co.uk. To cancel, you must log on and go to My Account, then click on the Cancel Icon. No other method is acceptable and Boomerang Video Ltd will have no liability for a cancellation request sent by any other means.
Immediately upon requesting cancellation, no further games will be dispatched to you. All games must be returned before the cancellation will be confirmed. Once all games have been returned, the cancellation will take effect immediately and a confirmation email will be sent to you.
Failure to return games before your next billing date will result in the account remaining active and billing will continue. We reserve the right to charge a replacement cost of up to the full retail price for any non returned games.
To avoid problems, you MUST obtain a proof of posting when you return our games to us. Our policy is to always charge for lost games following notification of cancellation where no proof of posting is provided. If a proof of posting is provided you will not be charged.
Please note we do not provide refunds or credits for any partial monthly subscription periods.
Account access
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. In order to provide you with an easy-to-use service, Boomerang will place a 'cookie' (a small text file) on any computer you use to access the Boomerang website. When you revisit the Boomerang website, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.
Disclaimers of warranties and limitations on liability
The Boomerang website and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the Boomerang website or its contents. We assume no liability or responsibility for any errors or omissions in the content of the Boomerang website, any failures, delays, or interruptions in the shipment of games, delivery of any content contained on the Boomerang website, any losses or damages arising from the use of the content provided on the Boomerang website, or any conduct by users of the Boomerang website. We reserve the right to deliver games at our sole discretion. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
In no event shall Boomerang, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Intellectual property
You may use any Boomerang games for your personal use (and that of your family and friends) only at the address shown on your account. Commercial exploitation or copying of our games is not permitted.
In addition:
Copyright
All trademarks, logos, images, product and company names referred to on this website are the property of thier respective owners. All other content included on the Boomerang website, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Boomerang (Boomerang Video Ltd.) or its suppliers. These are protected by United Kingdom and international copyright laws. The compilation of all content on this site is the exclusive property of Boomerang and protected by U.K. and international copyright laws. They should not be reproduced or used without express written permission from Boomerang Video Ltd.
Commercial exploitation
You may not sell, lease, lend, licence, hire out for any reward, use in a manner inconsistent with the rights of the copyright owners or commercially exploit any Boomerang games in any way at any time.
Game duplication
You agree not to make any unauthorised copies of any Boomerang games.
Entertainment and website content
We distribute Video Game entertainment. In addition, the Boomerang website may allow you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Boomerang website are those of the respective authors or producers and not of Boomerang (or of Boomerang Video Ltd.), its shareholders, directors, officers, or employees. Under no circumstances shall Boomerang or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Boomerang website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Boomerang website.
Linked websites are not under the control of Boomerang (or Boomerang Video Ltd.) and we are not responsible for the conduct of companies linked to our website. Those links are provided for convenience only and may not remain current or maintained. Links to those websites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or services referred to on those other sites unless specifically stated.
We permit you to post reviews on the Boomerang website in accordance with the procedures established on the Boomerang website and provided that the content is not illegal, obscene, libelous, threatening, defamatory or otherwise objectionable to us. In posting such content, you agree not to use a false e-mail address or otherwise mislead us or others regarding the origin of such content. We do regularly review the content posted on the Boomerang website and we reserve the right to remove or edit such content at anytime without notice.
Use of information submitted
Boomerang is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the Boomerang website without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Boomerang website or other Web sites. Furthermore, by posting any information on our site, you grant us a nonexclusive, royalty-free licence to display, use, reproduce or modify that information.
Any information submitted by you on the Boomerang website is subject to our Privacy Policy. Please review our Privacy Policy to understand our practices.
Your conduct on the Boomerang website
By accessing the Boomerang website, you agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Boomerang website. You also agree not to interfere with the servers or networks connected to the Boomerang website or to violate any of the procedures, policies or regulations of networks connected to the Boomerang website, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the Boomerang website, conduct yourself in a vulgar or offensive manner while using our service, or use the Boomerang website for any unlawful purpose.
Limitations on use
You must be resident in the UK and 18 years of age or older to use the Boomerang service. Unless otherwise specified, the content on the Boomerang website is for your personal and non-commercial use and we grant you a limited licence to access the Boomerang website for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, licence, create derivative works from, or offer for sale any information contained on, or obtained from, the Boomerang website without our express written consent. Any unauthorized use of the Boomerang website or its contents will terminate the limited licence granted by us.
Right to terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these terms, including, in particular the section headed 'No commercial exploitation'. In the event that we do so we will give you seven days to return our Games and failure to return these Games will incur charges, as described under 'cancellation' above.
Applicable law
This website is controlled by Boomerang Video Ltd. Your use of this site is governed by these Terms And Conditions and construed and enforced in accordance with the laws of England & Wales. Disputes arising from your use of this site are subject to the non-exclusive jurisdiction of the English courts.
This version last updated 8th April 2008.
