Terms and Conditions of Use Agreement
Please read this Terms and Conditions of Use Agreement (“Terms and Conditions”) carefully before accessing, viewing and / or using (“access or use” or “accessing and using”) the https://blackrockdomains.com (“Website”) operated by Black Rock Domains Ltd (“Company”, “our”, “us” or “we”).
Terms and Conditions updated: 24 June 2021.
The Terms and Conditions should be read in conjunction with our:
By accessing or using the Website, you accept and agree to be bound by these Terms and Conditions. You must not access or use the Website if you do not agree to be bound by these Terms and Conditions.
We reserve the right to amend the Terms and Conditions in our sole discretion at any time with or without notice and, in such circumstances, by continuing to access or use the Website you accept such amendments. It is your responsibility to check the Website for periodic amendments to the Terms and Conditions.
All information and content on the Website is intended for individuals over the age of 18 (or the age of majority if this age is in excess of 18 in your country). Children under the age of 18 (or the age of majority, if applicable) are prohibited from accessing or using the Website.
Black Rock House Links and Websites
The Company specialises in providing web design and development services and solutions and forms part of the Black Rock House Ltd group of companies (“Group”). The Website may contain links to websites or resources that are owned, either wholly or in part and either directly or indirectly, by the Group (“Group Websites”). We may serve as an introducer for Group Websites by offering or advertising their products and / or services on the Website. Please refer to our Disclosure Notice for more information.
You agree that we are not responsible or liable for the accuracy, content or any information presented on these Group Websites. You assume all risks for using these Group Websites. We shall not be liable for any damages resulting from your use of these Group Websites.
Third-Party Links and Websites
The Website may contain links to third-party websites or resources (“External Websites”). These links are provided for your convenience. We may serve as an affiliate for some of these External Websites by offering or advertising their products and / or services on the Website. Please refer to our Disclosure Notice for more information. We do not own or control these External Websites. Once you click on a third-party link and leave the Website, you are no longer bound by our Terms and Conditions.
You agree that we are not responsible or liable for the accuracy, content or any information presented on these External Websites. You assume all risks for using these External Websites and any transactions between you and these External Websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these External Websites.
All content on the Website (“Content”) is either owned by us or used under license and / or authorisation and is protected by copyright, trademark and other intellectual property laws.
You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content in any way to anyone, without our prior written consent. You agree to abide by the copyright, trademark and intellectual property rights and shall be solely responsible for any violations of these Terms and Conditions.
Lawful Use of the Website
For any content or information that you upload, display, post, transmit, send, email or submit to us on the Website or on any of our social media sites, you warrant that you are the owner of that content and / or have express permission from the owner of those intellectual property rights to use and distribute that content to us. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any content or information that you provide to us.
You agree not upload, display, post, transmit, distribute, send, email or submit to us on the website or on any of our social media sites any information or content that is illegal, violates or infringes upon the rights of others, defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening, encourages or advocates conduct that would constitute a criminal offence, giving rise to civil liability or otherwise violate any law, distribute material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law, any attempts to gain unauthorised access to any portion or feature of the website, and send unsolicited or unauthorised material or cause disruption in the operation of the website. You agree to use the Website for lawful purposes only and shall be liable for damages resulting from the violation of any provision contained in these Terms and Conditions.
Limitation of Liability
You agree that under no circumstances, we and / or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.
You expressly agree that your use of the Website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the website.
You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorised access by third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.
All Content, information, products and / or services provided by the Website are provided on an “as is” and / or “as available” basis without any representations or warranties of any kind.
Should you contract with the Company for a product and / or services, then this clause would be supersed by the written contract in respect of the product and / or service provided.
We may terminate or suspend access and use of the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and Conditions.
All provisions of the Terms and Conditions which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Waiver of Class Actions
You agree that any dispute arising from or related to the Terms and Conditions will be resolved solely between you and us. You waive your right to bring a class action against us and agree not to bring claims against us as a member of a class or as a representative.
You expressly waive any legal claims you may have now or in the future arising from or related to the Website and our products / services. In the event of a dispute, claim, or controversy arising from or relating to your use of this website, the terms and conditions shall be construed in accordance with the laws of Mauritius.
You agree to first resolve any disputes or claims through mandatory arbitration, and you consent to and submit to the jurisdiction of Mauritius, without regard to conflict of law principles or where the parties are located at the time of the dispute.
You agree to bear the full cost of arbitration, to the extent permitted by law. Participation in arbitration in good faith is a condition precedent to pursuing any other legal or equitable remedies available, such as litigation or any other legal procedure. You also agree that if a legal claim is filed after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other legal costs.
If you have any questions about these Terms and Condition, please contact us via our Contact Page.