© 2017 Boom Message Pty Ltd  | ACN 615854601 | Boom Connections | Terms & Conditions

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BOOM Connections Families Application
Terms of Use
Welcome to the corporate website of Boom Message Pty Limited Use of this site is governed by the Terms and Conditions set forth. 
By accessing or using the Boom Connections Application or website, the Boom service, or any applications (including mobile applications) made available by Boom Message Pty Ltd  (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). 

The Service is owned or controlled by Boom Message Pty Ltd ("Boom"). 
© Copyright Boom Message Pty Limited. 2017. All rights reserved. Reproduction, adaptation, or translation without permission is prohibited except as allowed under the International copyright laws. All the text, graphics, design, content, and other works are the copyrighted works of Boom Message Pty Limited A.C.N 615 854 601.  COPYRIGHT 
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by you without written permission is prohibited.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR THE MOBILE APPLICATION.
The information and materials provided by Boom Message Pty Limited may be used for informational purposes only. By using, accessing or downloading materials from this website you agree to follow the terms and provisions as outlined in this legal notice, which apply to all visits to the Boom Message Pty Limited website and the use of the mobile application, both now and in the future. Boom Message Pty Limited ("Boom") may at any time revise and update the Terms and Conditions. You are encouraged to periodically visit this page to review the most current Terms and Conditions to which you are bound. 

OWNERSHIP OF INFORMATION AND MATERIALS
The information and any materials (including white papers, press releases, data sheets, product descriptions, and FAQs) available on or from this website and or the application are the copyrighted works of Boom Message Pty Limited and any unauthorized use of that information or materials may violate copyright, trademark and other laws. Any rights not expressly granted herein are reserved. 
These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND BOOM WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

 

Basic Terms
You must be at least 13 years old to use the Service with exception of the Boom Message facility to connect family members.  The use of this service incorporates your normal terms and conditions as specified with the use of your Facebook or Instagram account which is linked to your Boom account.


You must not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.  If you choose to do so, you do so at your own risk.


You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. You also represent that all information you provide or provided to Boom upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.


You agree that you will not solicit, collect or use the login credentials of other Boom users.
You are responsible for keeping your password secret and secure. Boom does not accept responsibility for your password.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.


You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Boom.
You must not access Boom’s private API by means other than those permitted by Boom. For use of Boom’s API – please email us for a copy of terms and conditions Boom@Boommessage.com.au
You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Boom users.


You must not use domain names or web URLs in your username without prior written consent from Boom.
You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Boom page is rendered or displayed in a user's browser or device.
You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.


You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Boom terms.
Violation of these Terms of Use may, in Boom’s sole discretion, result in termination of your account. You understand and agree that Boom cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Boom, we can stop providing all or part of the Service to you.  You may lose whatever information you have provided up until that time.  If required to do so, Boom may co-operate with law enforcement authorities if there ha sbeen a breache of these terms of us.

General Conditions


We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your account by logging into the Service and completing the delete your account process. If we terminate your access to the Service or you deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g. users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been re shared by others).
Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service page of our web site, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
We reserve the right to refuse access to the Service to anyone for any reason at any time.
We reserve the right to force forfeiture of any username for any reason.
We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.


You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Boom is not responsible or liable for the conduct of any user.  Boom reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Boom does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Boom is in no way responsible or liable for any such third-party services or features. 

YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. BOOM ACCEPTS NO LIABILITY FOR SUCH DEALINGS.

You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such applications, you acknowledge and agree to the following: (i) if you use an application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Boom has not itself provided such information; and (iii) your use of an application is at your own option and risk, and you will hold the Boom (defined below) harmless for activity related to the application.
You agree that you are responsible for all data charges you incur through use of the Service.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Boom's express consent).


 


Rights

Boom Connections does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Boom and Boom Message Pty Ltd a non-exclusive, fully paid and royalty-free, transferable, licence on a worldwide basis, to use the Content that you post on or through the Service, subject to our Privacy Policy (available on our web site), including but not limited to our terms of use and the Privacy Policy.
Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Boom may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.  The content obtained from your social media account must meet all terms and conditions of that account and you grant full approval for these postings to be transferred or pushed through to your Boom account.

The Service contains content owned or licensed by Boom ("Boom Content"). Boom Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Boom, Boom owns and retains all rights in the Boom Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Boom Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content.
The Boom name and logo are trademarks of Boom, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Boom.  For approval of use - please email Boom via the contact page of the website to receive written permission before any use.
Although it is Boom's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
 
Also, Boom reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Boom, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Boom encourages you to maintain your own backup of your Content. In other words, Boom is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Boom will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure. Boom does not accept responsibility for you data.

You agree that Boom is not responsible for, and does not endorse, Content posted within the Service. Boom does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
BOOM will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on BOOM or the site; (b) protect and defend the rights or property of BOOM and its family of Websites, and, (c) act in urgent circumstances to protect the personal safety of users of BOOM its Websites, or the public.

Except as otherwise described in the Privacy Policy, available at as between you and Boom, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Boom is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Boom in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Boom, and Boom will not be liable for any use or disclosure of any Content you provide.
It is the Boom policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Boom does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Boom is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.  This includes any changes as a result to feedback received by you.

Reporting Copyright and Other IP Violations
We respect other people's rights, and expect you to do the same.  We provide you with tools to help you protect your intellectual property rights. To learn more about how to report claims of intellectual property infringement, Please email us for our report.  If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.


Disclaimer 


The Boom Message Pty Limited Internet team strives to provide you with useful, accurate, and timely information on this website. Accordingly, Boom Message Pty Limited has attempted to provide accurate information and materials on this website and within the application, but assumes no responsibility for the accuracy and completeness of that information or materials. Boom Message Pty Limited may change the content of any information or materials available at this website, or to the products described in them, at any time without notice. However, Boom Message Pty Limited makes no commitment to update the information or materials on this website which, as a result, may be out of date. Information and opinions expressed in bulletin boards or other forums are not necessarily those of Boom Message Pty Limited. Neither Boom Message Pty Limited, nor its officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on Boom Message Pty Limited website. Boom Message Pty Limited reserves the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding on you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of this website. 

ALL INFORMATION AND MATERIALS AVAILABLE AT THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND [COMPANY] DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT SHALL [COMPANY] BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. 
THE BOOM PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
LIMITATION OF LIABILITY, WAIVER.

UNDER NO CIRCUMSTANCES WILL THE BOOM PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE BOOM CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE BOOM PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE BOOM PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE BOOM PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE BOOM PARTIES TOTAL LIABILITY AND LIQUIDATED DAMAGES TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN AUSTRALIAN DOLLARS ($10.00). 
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF BOOM'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE BOOM PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE BOOM PARTIES. 
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT WE ARE NOT WAIVING RIGHTS THAT MUST FORM PART OF COMMON LAW.
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." 
BOOM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification


You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Boom's request), indemnify and hold the Boom Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Boom and their legal representative in the defence of any claim. Boom reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Boom.
In summary, you agree to indemnify, defend and hold Boom and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable legal fees, related to a Buyer's violation of this Contract or use of the Site.

Arbitration


Except if you opt-out or for disputes relating to: (1) your or Boom's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of provisions the Basic Terms, above ("Excluded Disputes"), you agree that all disputes between you and Boom (whether or not such dispute involves a third party) with regard to your relationship with Boom, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor Boom will participate in a class action or class-wide arbitration for any claims covered by this agreement. 
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Boom.


Time Limitation on Claims


You agree that any claim you may have arising out of or related to your relationship with Boom must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law: Jurisdiction and Venue 
This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria and the Commonwealth of Australia exclusive of its choice of law principles. The Australia courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts. 
These terms and conditions will be treated as though it were executed and performed in Victoria and shall be governed by and construed in accordance with the laws of the state of Victoria and the Commonwealth of Australia (without regard to conflict of law principles). Any cause of action with respect to the Site must be instituted within 12 months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in these terms and conditions. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. 


Litigation


All legal proceedings arising out of or in connection with this Contract shall be brought solely in the Commonwealth of Australia and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the BOOM is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of BOOM to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

 

General Provisions 


If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and Boom Message Pty Limited concerning your use of the site, and the agreement shall not be modified, except in writing, signed by both parties.
If you have questions regarding Boom Message Pty. Ltd. Terms and Conditions, please email: Boom@Boommessage.com.au 

Entire Agreement


If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Boom and governs your use of the Service, superseding any prior agreements between you and Instagram. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Instagram. Any purported assignment or delegation by you without the appropriate prior written consent of Boom will be null and void. Boom may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Territorial Restrictions


The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Boom to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Boom provides. 
Software related to or made available by the Service may be subject to Australian export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which Australia has embargoed goods. By downloading any software related to this service or Boom, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. 

Acknowledgement


This Agreement represents the entire understanding between you and us regarding your relationship to online and supersedes any prior statements or representations.
IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE AGREEMENT, then please proceed to download and use the Boom App for connecting families.
If you do not agree do not use the Boom Connecting Families App.
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Boom Privacy Policy  


It's important to Boom to help our customers retain their privacy when they take advantage of all the Internet has to offer and the potential exposures.  Your privacy is important Boom. To protect your privacy, BOOM follows different principles in accordance with worldwide practices for customer privacy and data protection.
 We won’t sell or give away your name, mail address, phone number, email address or any other information to anyone without your approval.  We will use state-of-the-art security measures to protect your information from unauthorized users. 

NOTICE


We will ask you when we need information that personally identifies you (personal information) or allows us to contact you. Generally, this information is requested when you create a Registration ID on the site or when you download free software, enter a contest, order email newsletters or join a limited-access premium site. We use your personal Information for the purpose of making:
the site easier for you to use by not having to enter information more than once. 
 To help you quickly find software, services or information and to help us create content most relevant to you. To alert you to product upgrades, special offers, updated information and other new services from BOOM 

CONSENT


If you choose not to register or provide personal information, you may still use most of BOOM. But you will not be able to access areas that require registration or identification.
If you decide to register, you will be able to select the kinds of information you want to receive from us by subscribing to various services, for example our electronic newsletters. If you do not want us to communicate with you about other offers regarding BOOM  products, programs, events, or services by email, postal mail, or telephone, you may select the option stating that you do not wish to receive marketing messages from BOOM.  Alternatively email us at nick@Boommessage.com.au to remove your details.  

 
ENFORCEMENT

If for some reason you believe BOOM has not adhered to these principles, please notify us by email at Boom@Boommessage.com.au, and we will do our best to determine and correct the problem promptly.