Thank you for visiting our website, botoswimwear.com (the "Site") owned and operated by Kabo Inc., d/b/a Boto (“boto,” “we,” “us,” or “our”). Except as otherwise noted herein, these terms and conditions ("the Terms") govern your use of the Site and our mobile application. Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. Boto reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. Boto provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials and Content"), is Boto property and is protected by trademark and/or copyright under Canadian and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Boto. We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. Boto specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following: POSTING ANY INFORMATION WHICH IS INCOMPLETE, FALSE, INACCURATE OR NOT YOUR OWN.ENGAGING IN CONDUCT THAT WOULD CONSTITUTE A CRIMINAL OFFENSE, GIVING RISE TO CIVIL LIABILITY OR OTHERWISE VIOLATE ANY CITY, PROVINCE, NATIONAL OR INTERNATIONAL LAW OR REGULATION THAT WOULD FAIL TO COMPLY WITH ACCEPTED INTERNET PROTOCOL.COMMUNICATING, TRANSMITTING, OR POSTING MATERIAL THAT IS COPYRIGHTED OR OTHERWISE OWNED BY A THIRD PARTY UNLESS YOU ARE THE COPYRIGHT OWNER OR HAVE THE PERMISSION OF THE OWNER TO POST IT.COMMUNICATING, TRANSMITTING, OR POSTING MATERIAL THAT REVEALS TRADE SECRETS, UNLESS YOU OWN THEM OR HAVE THE PERMISSION OF THE OWNER.COMMUNICATING, TRANSMITTING, OR POSTING MATERIAL THAT INFRINGES ON ANY OTHER INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHT OF ANOTHER.COMMUNICATING, TRANSMITTING, OR TRANSFERRING (BY ANY MEANS) INFORMATION OR SOFTWARE DERIVED FROM THE SITE TO FOREIGN COUNTRIES OR CERTAIN FOREIGN NATIONS IN VIOLATION OF ANY APPLICABLE EXPORT CONTROL LAWS.ATTEMPTING TO INTERFERE IN ANY WAY WITH THE SITE'S OR Boto's NETWORKS OR NETWORK SECURITY, OR ATTEMPTING TO USE THE SITE'S SERVICE TO GAIN UNAUTHORIZED ACCESS TO ANY OTHER COMPUTER SYSTEM.COMMUNICATING, TRANSMITTING, OR POSTING MATERIAL THAT IS IN VIOLATION OF APPLICABLE LAWS OR REGULATIONS.
LIMITS ON PURCHASES
In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our sole judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases of Boto merchandise, including, but not limited to, all purchases made on our site and retail stores.
ERRORS, INACCURACIES AND OMISSIONS
We make every effort to present the most recent, accurate, and reliable information on the Services at all times. However, occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Any errors are wholly unintentional and we reserve the right to amend errors or to update product information at any time without prior notice. In the event a product is listed at an incorrect price due to photographical error, typographical error or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any Product listed at the incorrect price. SECURITY RULES Violations of system or network security may result in civil or criminal liability. Boto will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: ACCESSING DATA NOT INTENDED FOR YOU OR LOGGING ON TO A Boto SERVER OR ACCOUNT, WHICH YOU ARE NOT AUTHORIZED TO ACCESS.ATTEMPTING TO PROBE, SCAN OR TEST THE VULNERABILITY OF A SYSTEM OR NETWORK OR TO BREACH SECURITY OR AUTHENTICATION MEASURES WITHOUT PROPER AUTHORIZATION (OR SUCCEEDING IN SUCH AN ATTEMPT).ATTEMPTING TO INTERFERE OR INTERFERING WITH THE OPERATION OF OUR SITE, OUR PROVISION OF SERVICES TO ANY OTHER VISITORS TO OUR SITE, OUR HOSTING PROVIDER OR OUR NETWORK, INCLUDING, WITHOUT LIMITATION, VIA MEANS OF SUBMITTING A VIRUS TO THE SITE, OVERLOADING, "FLOODING", "MAILBOMBING" OR "CRASHING" THE SITE.FORGING ANY TCP/IP PACKET HEADER OR ANY PART OF THE HEADER INFORMATION IN ANY E-MAIL OR TRANSMISSION OR POSTING TO OUR SITE.
We control and operate the Site from Canada, and all information is processed within Canada. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Software that may be downloaded from the Site is subject to export controls under the laws and regulations of the Canada. By visiting and using our Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations listed on any of the Canadian Government's lists of prohibited and restricted parties.
PRODUCT AND PRICING INFORMATION
Although Boto has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and Boto cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Boto is not responsible for typographical errors regarding price or any other matter.
Boto is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner of the Materials and Content on the Site, unless otherwise indicated. The Boto logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Boto Intellectual Property") are owned by Boto and may be registered in Canada and internationally. You agree not to display or use the Boto Intellectual Property in any manner without Boto's prior permission. Nothing on the Site should be construed to grant any license or right to use any Boto Intellectual Property without the prior written consent of Boto. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by Boto. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of Canada and/or other countries, as well as applicable provincial laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
Any and all content, comments, feedback, suggestions, ideas, concepts, questions or other communications (collectively "User Content") that you submit or post on the Site shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Boto a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce or use the User Content in any commercial or non-commercial manner whatsoever. Boto will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Boto shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. Boto retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold Boto and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information, email address, and phone number. We refer to this information as “Order Information”.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at email@example.com or by mail using the details provided below: