Terms and Conditions

Welcome to boomyaga.com. This site is owned and operated by Five Siblings Ltd and use of words such as “we”, “our”, “us” refer to boomyaga.com. Your access to and use of the services on this site is determined by your acceptance of and conformity with these Terms. These Terms apply to visitors, users and all who access or use the services. You may not access or use the services or the sites and may not accept the Terms if (a) you are not of legal age to form a binding agreement, (b) you are of unsound mind, or (c) you are not allowed to transact or obtain any services in the laws of Nigeria or other countries or regions you reside in or from which you access and use the services.

Please review the following terms carefully as by accessing or using the service, you agree to observe and be bound by these Terms of use. If you do not agree with any part of the terms then do not access or use the service.

Agreement

Your access to and use of our site and the services we provide is pre-conditioned on your reception of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the service thereby agreeing to the terms and conditions outlined in this Terms of Use with respect to our site. This Agreement constitutes the entire agreement between you and us with respect to the Site, the content, products or services provided by or through the Site.

We may without any specific notice to you, amend this Agreement at any time by posting the relevant amended Terms on the sites. Every updated Agreement shall be reviewable to you before use of the site, thus by continuing to access or use the services or the sites, you agree that the amended and restated Terms will apply to you.

USE

In order to access some services or some features on the site, you must be a registered user.

Please note that as a user, you have a significant role in protecting your account, the information and all activities on your account, including your password. No one can see or edit your personal information without knowing your user name and password, so do not share these with others. As a safety measure, we advise you change your password frequently.

You agree to alert us immediately you suspect any illegal use of your account or any other security violation. Ensure you inform us as soon as you suspect any security issues on your account, such as compromise of your password, or unauthorized access/use of your account. Do note that until we are informed expeditiously in writing of any security violation, there is little to nothing we can do for any illegal access/use of your account and will not be liable for any loss or damage incurred as a result of your negligence to follow these instructions.

Ensure you give us precise information at all times as we reserve the right to evaluate all accounts at any time, to ensure compliance. In the event that you give us incorrect or deceptive information, we may suspend and/or terminate your account and use of our website and service.

We reserve the right in our sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.

Trademarks

Boomyaga and its logos are trademarks of Five Siblings Limited.

Boomyaga’s trademarks may be used only with written permission from boomyaga. All Product, brands, companies and names mentioned on the Site may be trademarks of their respective owners. No association with any company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright and proprietary rights of Boomyaga or any third party.

Cookies

Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the service or a third-party to recognize you. It makes your next visit easier and the service more useful to you.

We use cookies for the following purposes: to help us identify you as a user, to make your visits to our site, easy and useful, to enable certain functions of the Service, to provide analytics, to store your preferences, to enable advertisements delivery, including behavioral advertising, to evaluate support effectiveness and to ensure protection and reliance on our Website.

When you use and access our services, we and our service providers may place a number of cookies (data files) on your phone or in your web browser or similar technologies. We use different types of cookies to run the Service.

In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on.

If you’d like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser but note however, if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly

Indemnity

You agree to indemnify, secure, defend and protect us, our associates, affiliates, legal representatives, directors, licensors, team, suppliers, employees, promoters, product & service providers and agents harmless and free from any demand, liability, charge, loss, expense and claims (including reasonable attorney’s fees), arising as a result of your violation of the use of this site, Or
relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.

Non Transferability

In line with these terms of use, your right to the use of this site, including right to obtain or keep records, password, information or documents is a right which is personal, not transferable, rescindable and non-resticted.

Disclaimer

The information contained on boomyaga is for general information purposes only. Boomyaga assumes no responsibility for errors or omissions in the contents on the Service.

Information from the site are provided “as-is,” “as available,” and all warranties, express or implied, are disclaimed. In no event shall boomyaga be liable for any particular, express, implied, significant, or minor damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. Neither boomyaga, it’s affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that our site will be uninterrupted or error free.

We disclaim all liability that may arise as a result of damages caused by viruses or bugs as we do not warrant that the website is free of viruses or other harmful components.

Boomyaga.com may contain links to external websites that are not provided or maintained by or in any way affiliated with us. Please note that we do not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites. This website may offer health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for the real professional advice as it does not replace professional advice, diagnosis, or treatment.

Product representations expressed on this Site are those of the vendor and are not made by us thus we and our affiliates have no responsibility however way to you for your use of such representations. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
No opinion, advice or information, (express or implied, oral or written) obtained by you through the site shall create any warranty, representation or guarantee not clearly declared in this agreement as one.

Use of Information

By signing up, you agree that you are wholly responsible for whatever you put out and that you authorize us and we reserve the right to forever use all information collected by us regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. We will not be obligated to consider any information as confidential as we can use the information for commercial or otherwise purposes without recompense to you.

You agree that we may use the information collected by us to contact you by telephone or text you informational communications about our products, their purpose and the best use you can make of them. We also collect your email to send you our promotional offers (including offers from third parties), promotional sms and emails including mails asking you to review our site and your purchase experience. We will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.

Third-Party Services and Policy

Do know that we may make available, allow access to or advertise third parties products and services but we are not a party to neither do we in any way control these third party products and services. All rules and policies will apply to you while on such sites as your use of these sites are at your own risk and without ANY warranties (express or implied) by us. We are not accountable for information given by you to third parties as we and these parties are independent contractors and neither party has authority to make any obligations, representations or commitments on behalf of the other.

Purchase & Payments

If you wish to purchase any product or service made available through us, you may be asked to supply certain information relevant to your Purchase. You guarantee that when you are purchasing something from us or from vendors that (a) the credit information you provide is genuine, accurate and complete, (b) charges incurred by you will be honoured by your credit card company, and (c) you will pay the charges incurred by you at the amounts in effect at the time incurred, including any applicable taxes. Note that you shall be responsible for all charges incurred through use of your password thus ensure that you keep your password confidential as we do not warranty nor protect you from unauthorized use of your password.

Please know that inaccuracies may occur in some instances where the pricing on some items may be incorrectly input due to internet error. In such instance, we reserve the right to turn down the delivery of such item or cancel the order, all while informing you of the change and making a refund where applicable.

Securities

You are prohibited from compromising the site security as failure to adhere to the terms may get you criminally prosecuted without foregoing any civil remedies, including but not limited to the immediate revocation of your right of access to our site and services.

Violation of security of this site include but is not limited to hacking, altering or distorting safety or validation procedures or software code, gaining access to data or personal information, maliciously spread of bugs, virus, time bombs, etc that could damage, impair or interfere with our computer’s functionality or the operation of this site. Other forms of violation include the misrepresentation of your identity, deceptive online marketing, defamation and abuse of the legal rights of others etc. You will be held responsible for any information you transmit on this site.

By transmitting information to this site, you agree that the information you send to this site is true, accurate and not misleading and that you have the right to send such information.

Third party Links

The Site contains links to other web sites that are not owned or controlled by boomyaga.com.

In many instances, the content available through boomyaga.com represents the opinions and judgments of the respective information provider, merchants, user, or other user not under contract with boomyaga. We have no control, neither do we endorse nor assume any responsibility for the content, privacy policies, practices, accuracy or reliability of any advice, opinion or statement of third parties expressed in such web sites or services or on our site.

You further acknowledge and agree that Under no circumstances shall boomyaga.com be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with user’s use of or reliance on any such content, goods or services available on or through any such web sites or services or through our site.

It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Intellectual Property

You agree that the content, website design, organization, gathering, compilation, magnetic translation, digital conversion, software anthology and other matters (registered or not), 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 of any such content or any part of the Site is prohibited and use of such material will only be allowed as expressly consented by us or our licensors.

If you believe that your work has been plagiarized, please send an email with explicit and full details which include but is not limited to, your information, authorization (if working on behalf of the owner of content), the infringement etc to care@boomyaga.com.

Coupon Codes

We have and accept coupons for orders made on our site. These coupons can be used in place of a refund only to the value of the product/goods marked refundable. For more on this, kindly check our return and refund policy here.

Our coupons can be obtainable and used on our site through any of the following means:

Through exchange operated under our refund policy.

Through promos operated on our site.

When you have been gifted one.

Note that we reserve the right to cancel or withdraw our coupon codes at any time with no liability to anyone. Note also that the expiration dates on the promo coupons are binding and final.

Referral Codes

Our referral codes are for registered users and they qualify you for a commission on every purchase made monthly by your referral or the party you referred.

These referral codes are subject to this terms and are solely at our discretion, thus we can change, terminate or cancel at anytime we desire without recourse or liability to you whatsoever.

Changes

We reserve the right, at our sole discretion, to edit, delete, modify or replace these Terms or any part thereof at any time, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice which may be given by means including, but not limited to, posting on our site, or by electronic or conventional mail, or by any other means by which user obtains notice thereof. Any use of our site by you after such notice shall be deemed to constitute your acceptance of such changes, modifications or additions.

If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

We shall also have the right at any time to change or discontinue any aspect or feature of our site, including, but not limited to, content, hours of availability, and equipment needed for access or use. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including if you breach the Terms by performing acts which include but is not limited to, use of the Account for illegal, obscene, or fraudulent purposes, failure to pay monies owed to us when due; and your violation of any provision of these Terms and Conditions or any provision of any related operating rules and policies published by us on our website.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, payment obligations and limitations of liability.

Waiver

boomyaga.com’s failure to insist in one or more instances to enforce the strict performance of any provision of the Terms of Use or to take advantage of it’s rights herein will not constitute a waiver of its right to subsequently enforce such rights or any other provisions of the Terms of Use.

Severability

If any part of these Terms and Conditions of use infringes upon any law and is held by a competent court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be ineffective and severed from these Terms and Conditions of Use and shall not invalidate nor affect the enforceability of any other part listed in this terms.

>Force Majeure

boomyaga.com shall not be held liable for any setbacks, failure or interference of the content or the services offered or provided through our sites resulting directly or indirectly from acts of nature, influences or reasons beyond our reasonable control, including without limitation to acts of God, weather, strikes, lock-out or other industrial action & labour disputes, Internet failures, computer, mobile or any other telecomm providers failures, acts of terrorism, power outage, riots, rebellions, civil disturbance or commotion, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, acts of government authorities, orders of domestic or foreign courts or tribunals or non-performance of third parties etc.

Applicable Law and Jurisdiction

This Terms and Condition of Use is governed by the applicable laws of the Federal Republic of Nigeria. Any dispute or legal proceedings arising out of or in connection with this Terms shall first be settled amicably between parties and in the breakdown of settlement, shall be referred to and finally settled by confidential and binding Arbitration established exclusively in Lagos, Nigeria within 30 days after the cause of action arose, otherwise same shall be forever waived and barred. User expressly submits to the jurisdiction of said Arbitrary Court.

Should any part of this Terms be held invalid or unenforceable by a competent court of jurisdiction, it shall not affect the remaining portions as they shall remain in full force and effect.

Delivery

Cost of shipping and delivery of goods/products is borne by you and is determined per kg of the goods/product to be delivered.

We deliver your goods everyday between the hour of 7:00am to 6:00pm only, with an exclusion of public holidays and weekends. However, in the event you desire your goods to be delivered on a public holiday or weekends, this will (subject to our availability and time), attract extra costs determined only by us and can only be delivered between the hours of 9:00am to 4:00pm.

Do note that shipping and delivery of your products ordered on boomyaga (within and outside Lagos) allows few shipping options open to you;

15 to 27 days for standard shipping.
9 to 18 days for shipping by DHL (note that this costs more)
2 to 3 months for goods shipped through sea (this is usually determined by the dimension, shape and type of goods to be shipped).

We will ensure that we deliver your goods/products within the estimated fixed time. However, due to unforeseen circumstances, including acts of God, nature and man, delay may be inevitable. In such event where acts are wholly or partly caused directly or indirectly by situations beyond our reasonable control, we shall not be liable for any delay or failure to deliver the products within the estimated time.

It is equally important to note that product shipping takes cognizance of weight, dimension and location.

Export

You assume all responsibility for compliance with all laws and regulations of any country from which you may access the Website regarding access, use, export, re-export and import of any content appearing on or available through the Website.

Miscellaneous

This Terms and any operating rules for this site constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all terms of uses with respect to such subject matter. This terms shall be construed in accordance with the relevant laws of the Federal Republic of Nigeria without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Acknowledgment

This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior warranties. agreements, statements or representations.

IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE AGREEMENT, please click the “I Agree” button below. If you do not agree to the terms of the Subscriber Agreement, please click the “I Don’t Agree” button to log off the system.

If you don’t click on “I Agree” then you will not be able to purchase any goods or services.