Last Updated: July 11, 2018
These Terms of Use (“Terms”) govern your access to and use of this website (including all contents and related materials, “Site”), made available to you by Silver Star Brands, Inc., doing business as BOACHI LLC (“Company,” “we,” “us,” or “our”).
By accessing or using the Site, you (“you”) agree that you have read, understand, and agree to these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, please do not access or use the Site. We recommend that you print out a copy of these Terms for your records.
We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site and, by accessing or using the Site after changes are posted, you agree to those changes. We will notify you of any changes by updating the “Last Updated” date at the top of this webpage.
Please note that these Terms contain provisions that govern the resolution of claims between KCCO and you. Please see Section 18 for complete details.
1. Privacy Policy. We may collect certain information from your use of the Site as described in our Privacy Policy, which is incorporated into these Terms and describes our information collection, use, and sharing practices.
2. Intellectual Property Rights. The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content is exclusively our property or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to us or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
3. Compliance with Laws. You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Site, including all applicable rules regarding online conduct.
4. Restrictions on Your Use of the Site.
a. You may download and print one copy of the Site’s visible content for your own personal noncommercial use as long as you do not modify or delete any copyright, trademark, or other proprietary notices.
b. You may not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or any part of the Site without our prior written consent.
c. You warrant that all information you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief.
d. You may not use the Site for unlawful purposes.
e. You may not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site for purposes of creating or compiling that content for any purpose.
f. You may not submit inaccurate information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against our business interests or reputation.
g. You may not access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
h. You may not use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, ransomware, malware, adware or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
i. User activities that aim to render the Site or associated services inoperable or to make their use more difficult are prohibited.
j. You may not post or send unsolicited messages, chain letters, spam, or junk mail.
5. Your Account. The Site allows you to order products from us as a “guest” or through an account. However, you will be required to set up an online account in order to use certain features of the Site. If you choose to set up an online account, you will be required to submit certain information in order to set up your account and will be required to establish a username and password. You are responsible for maintaining the confidentiality of any information you use in connection with the Site, including your username and password. You will not transfer your account to or share your account with any other person. Your account is personal to you.
6. Account Suspension, Deactivation, and Termination. We may, for any reason, at any time, and in our sole discretion, suspend, deactivate, or terminate your account or your use of the Site, or terminate these Terms, without notice or liability, including: if you breach these Terms; upon any unauthorized use of your username, password, or account; if you act in an abusive manner; if you act in a manner inconsistent with local, state, or federal laws or regulations; or if it becomes no longer commercially viable to provide the Site to you. If we suspend, deactivate, or terminate your account, you may not create another account without our prior written permission. You may terminate your account at any time by contacting us at karim@groupekc.com or by selecting that option on the Site where that option is available, but you understand that any User-Generated Content (as defined below) you have provided (for example, product reviews) will both remain in our archives and may continue to be accessible by other Site users. Upon any termination of your account or these Terms you must promptly cease accessing and using the Site.
7. Order & Payment Information. All orders of products made available on or ordered using the Site (“Products”) are subject to the below Terms of Sale. Additionally, purchases of Products must be made by credit or debit card or via PayPal (where those options are available). Information about our collection and use of payment-related information is described in our Privacy Policy. If the credit or debit card information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Payments are processed by our PCI-compliant third-party payment processor. If we have invited you to apply for private credit with us, additional terms will apply.
8. Terms of Sale.
a. Order Acceptance. All orders of Products are subject to acceptance by us. We reserve the right, in our sole discretion, to refuse or cancel any order for any reason, including the following: limitations on Service availability or quantities of Products available for purchase; inaccuracies or errors in Product descriptions, images, or pricing information; and problems identified by credit and fraud avoidance services. We may also require additional verifications, approvals or other information before accepting any order. After we receive your offer to purchase Products, we will send an order acknowledgement to the email address you provide listing the contents of your requested order. This e-mail serves only as information to the purchaser acknowledging that the order has been received.
b. Product Availability. The prices and availability of Products made available on the Site may change at any time without notice to you. Prices remain valid while they are listed and offered on the Site. Availability of Products may be limited and Products may not be available for immediate delivery. Product colors, measurements, and weights are approximate only and may vary from the representation in the Site. These differences will not constitute a defect in or noncompliance of any Product. Some Products may not be available in certain areas. We reserve the right to modify Product offerings at any time, but we are not obligated to make any modifications to Products that have already been shipped.
c. Shipping and Handling. Shipping and handling are explained in our FAQ at Shipping and Handling.
d. Sales Tax. Requirements by state can be found at Ordering Online.
e. Title and Risk of Loss. Title to Products will pass to you when you receive the Products. We will bear the risk of loss or damage to the Products during shipment to you.
f. Resale Prohibited. Resale of Products purchased through the Site is prohibited.
g. Order Shortages. If your order is incomplete upon delivery, please notify us immediately. Any claims for order shortages must be submitted to us within seven days of your receipt of the shipment.
h. Order Cancellations. Order cancellations are at our sole discretion. Our goal is to ship orders promptly, so it is often not possible to cancel an order once it is processed. If you wish to cancel an order, please submit your request via your online account (where that option is available) or contact our customer service department at admin@boachi.com, +1 514-893-7192.
i. Return Policy. Your purchase is subject to our return policy which can be found at Returns.
9. Indemnification. You will indemnify, defend, and hold harmless Company Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with: your access to or use of the Site; your misuse of any material, data, or other information downloaded or otherwise obtained from the Site; your purchase of Products using the Site; your submission of User-Generated Content; or your breach of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
10. User-Generated Content.
a. The Site may allow you to create, post, transmit, upload, distribute, submit, or otherwise provide comments, data, text, images, video, audio, and other content via the Site, including by submitting product reviews, and to respond to content provided by others (together, “User-Generated Content”). User-Generated Content is neither generated nor controlled by us. We are not responsible for any User-Generated Content. You are responsible for all User-Generated Content that you provide and for the legality, originality, and appropriateness thereof.
b. By providing User-Generated Content you warrant that you are the creator or owner of that User-Generated Content or that you otherwise have the rights, permissions, and consents necessary to provide that User-Generated Content to us and to allow us to use that User-Generated Content as permitted by these Terms and that any User-Generated Content you provide will not cause us to violate any law or regulation. By providing User-Generated Content, you agree not to claim that any use of that User-Generated Content by us or any third party infringes or violates your or any other person’s intellectual property rights, rights of privacy, rights of publicity, or other right. You retain any copyright or other intellectual property right you may have in User-Generated Content that you provide, subject to the license granted to us below.
c. Please keep in mind that any User-Generated Content that you provide will be publicly available via the Site. You must maintain a polite, pleasant, and respectful environment. User-Generated Content that harasses, abuses, stalks, threatens, or otherwise violates the legal rights of others is prohibited. User-Generated Content must be relevant to the applicable topic (for example, the applicable product listing). User-Generated Content that is defamatory, indecent, pornographic, obscene, or otherwise objectionable or harmful is prohibited. You may not create a false identity, hide your true identity, or impersonate or represent any person other than yourself. You may not provide any other person’s private or confidential information without that person’s permission. If you delete or replace User-Generated Content that you have provided (where that option is available), you understand that it may remain in our archives and that users who have accessed that User-Generated Content may continue to have access to and use it.
d. User-Generated Content is not monitored. We reserve the right, but do not have the obligation, to review User-Generated Content and its submission. We also reserve the right, but do not have the obligation, at any time for any reason, to prescreen User-Generated Content, to edit, redact, and otherwise modify User-Generated Content, to reorganize and recategorize User-Generated Content, and to delete User-Generated Content from the Site. We have no obligation to archive or otherwise store any User-Generated Content. We reserve the right to impose limits on Site features (e.g., the ability to provide User-Generated Content) and to restrict your access to all or parts of the Site at any time for any reason, including upon a breach of these Terms.
e. If you provide User-Generated Content, you grant us a perpetual, irrevocable, transferable, assignable, sublicensable, royalty-free, fully paid-up, worldwide license to copy, reproduce, implement, modify, adapt, reformat, translate, excerpt, prepare derivative works of, store, publish, perform, display, license, sell, exploit, and otherwise use and distribute (in all media and methods now known or later developed) that User-Generated Content for any purpose, including developing, manufacturing, and marketing products and services. You understand that this license allows us to make User-Generated Content you provide to other persons and entities, including other users of the Site. You understand that this license allows us to use User-Generated Content to develop and market products and services.
f. If you believe that anything on the Site infringes any copyright that you own or control, please follow the process described below. If you believe that anything on the Site violates another law or regulation or any provision of these Terms, please notify us of that violation at admin@boachi.com.
11. Copyright Policy. We respect the intellectual property rights of others and we ask that our users do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), located at 17 U.S.C. § 512, and other applicable laws, we strive to expeditiously remove any infringing material from the Site if we become aware of the same. It is our policy to terminate repeat infringers’ use of the Site. If you believe that anything on the Site infringes any copyright that you own or control, please provide our designated agent with a notice that contains the following information:
- A description of the copyrighted work(s) that you claim have been infringed;
- A description of the allegedly infringing material, including its location on the Site;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your email address, telephone number, and mailing address;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
12. Feedback. We welcomes comments regarding the Site. If you submit comments or feedback to us regarding the Site, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
13. Third-Party Websites. The Site may link to, or be linked to, websites not maintained or controlled by us. Those links are provided as a convenience and we are not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party website or any products or services made available through those websites. Please take care when leaving the Site to visit a third-party website. You should read the terms of use and privacy policy for each website that you visit.
14. Linking to the Site. If you operate a website and are interested in linking to the Site: (a) the link must be a text-only link and clearly marked; (b) the link must “point” to the URL “www.boachi.com” and not to any other page; (c) the link and its use must be in connection with a website of appropriate subject matter; (d) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with our name and trademarks; (e) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by us; and (f) the link, when activated by a user, must display the Site full-screen and not within a frame. We reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.
15. Force Majeure. We will not be liable to you for any delay or other failure to perform under these Terms that is due to causes beyond our control, including acts of God, acts of a public enemy, terrorism, civil disorders, acts of the United States of America or any state, territory or political division thereof, fires, floods, earthquakes, blizzards, and other extraordinary elements of nature.
16. Disputes. These Terms are governed by the laws of the state of Florida, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Florida, with respect to any dispute arising under these Terms unless otherwise determined by us in its sole discretion and the parties expressly agree to the exclusive jurisdiction of those courts. The United Nations Convention for the International Sale of Goods does not apply.
17. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.Please read the following paragraphs carefully because they require you to arbitrate disputes with us and limit the manner in which you can seek relief from us. ARBITRATION NOTICE: THESE Terms CONTAIN A BINDING ARTIBTRATION PROVISION. YOU AGREE THAT, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, ALL DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY MADATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
a. Applicability. Any dispute, claim, or controversy arising out of or relating to these Terms, including the breach, termination, enforcement, interpretation, or validity of these Terms (together, “Disputes”), will be resolved by binding arbitration on an individual basis as described in these Terms (this “Arbitration Agreement”). But, in the event of any actual, alleged, or threatened violation of confidentiality or violation of our intellectual property or other proprietary rights, we may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of either party to submit any claim seeking relief other than injunctive relief to arbitration. This Arbitration Agreement applies to you; us; our affiliates; Company’s and its affiliates’ respective directors, officers, owners, employees, contractors, consultants, agents, representatives, predecessors in interest, successors in interest, and assigns; authorized and unauthorized users or beneficiaries of the Site; and any third-party beneficiaries.
d. Confidentiality. Any and all actions taken under this Arbitration Agreement, including all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
e. Time Limitation on Claims. Arbitration proceedings must be initiated within one year after any Dispute arises; otherwise, the Dispute is permanently barred.
18. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent.
19. Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you and us, except that our affiliates are third-party beneficiaries of these Terms.
20. DISCLAIMER OF WARRANTIES. THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. COMPANY MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL DATA, INFORMATION, AND MATERIAL ON THE SITE (EXCLUDING ANY USER-GENERATED CONTENT) IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY CAN BE GUARANTEED. COMPANY DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE. COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. COMPANY IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SITE. THE COMPANY DOES NOT PROVIDE MEDICAL SERVICES AND NEITHER THE SITE NOR ANY PRODUCTS ARE INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. COMPANY HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.
WE DO NOT WARRANT OR ENDORSE ANY USER-GENERATED CONTENT. ALL USER-GENERATED CONTENT IS SOLELY THE REPONSIBILITY OF THE PERSON WHO PROVIDED THAT USER-GENERATED CONTENT.
WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.
YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SITE, AND ANY OTHER DAMAGE THAT MAY BE INCURRED.
NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.
21. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS (TOGETHER, “COMPANY PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SITE, YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE SITE), YOUR ORDERS, OR YOUR USE OF ANY PRODUCTS, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A COMPANY PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE AND, WITH REGARDS TO PRODUCTS AND IF ELIGIBLE, REPLACEMENT OF THE APPLICABLE PRODUCT OR, AT COMPANY’S OPTION, REFUND OF THE PRICE PAID FOR THE APPLICABLE PRODUCT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL COMPANY PARTIES’ LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
22. Interpretation. These Terms, including our Privacy Policy, are the entire agreement between you and us with respect to your access to and use of the Site (including your purchase of Products using the Site). Our failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms inure to the benefit of our successors and assigns.
23. Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Site.
24. Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and us may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
