BLK Subscription Terms
(July 2019)
PLEASE READ CAREFULLY THE FOLLOWING TERMS AS THEY SET OUT THE RULES AND OBLIGATIONS THAT REGULATE THE RELATIONSHIP BETWEEN YOU AND BLK GLOBAL LTD WITH SPECIFIC REGARDS TO THE PURCHASE OF YOUR SUBSCRIPTION.
BLK Global Ltd. and its affiliates (“blkcommodities.com”) provide web-based functionalities and other products and services to you when you access and/or use the website www.blkcommodities.com (the “Site”).
The present document describes the terms and conditions (the “Terms”) applicable to your use of the Subscriptions. This document is a legally binding agreement (“Agreement” or “BLK Subscription Terms”) between you as the user of the Site (referred to as “you”, “your” or “User” or “Member” hereinafter) and BLK Global Ltd. of 272 Bath Street, Glasgow, G24 JR, United Kingdom (hereinafter referred to as “we”, “us”, “our”, “BLK Global” or “blkcommodities.com”).
If you tick the relevant agreement box and proceed with the purchase of a Subscription, you are agreeing to comply with and be bound by these Terms in addition to the Terms of Use, the BLK Service Agreement and any other rule of policy that we may, from time to time, post on the Site.
All terms, provisions and agreements, including but not limited to the Terms of Use, the BLK Service Agreement, and all other rules and policies that we may, from time to time, post on the Site (except to the extent expressly modified herein) are hereby incorporated herein by reference with the same force and effect as though fully set forth herein. You hereby represent, warrant and agree that you have read and accepted all the terms and conditions and that you have the responsibility to keep up to date with all rules and regulations that we may post, from time to time, on an area of the Site which is accessible free of charge and acknowledge that all those rules and policies shall be effective and binding upon you as soon as they are posted.
1. Interpretation
In this Agreement, the same definitions under Clause 1 of the BLK Service Agreement shall apply, with the exception of the words “Services”, “Subscriptions” and “Term”, which shall have the following meanings:
Services: shall have the meaning described in Schedule 2
Subscription: the collection of services described in Schedule 2
Term: the period of twelve (12) months beginning on the Commencement Date.
1.2 For the sake of clarity, in this Agreement:
- all singular words include plural ones and vice versa;
- all references to paragraphs, schedules or appendices are to the ones in the Agreement unless otherwise specified;
- all references to a person include firms, companies, government entities, trusts and partnerships;
- the term "including” does not exclude anything not listed;
- all references to statutory provisions include any changes to those provisions;
- the headings are not part of the Agreement.
2. Provision of the Services
2.1 With effect from the date of your purchase of the Subscription (hereinafter referred to as the “Commencement Date”), BLK Global shall, throughout the Term of this Agreement, provide the Services to you.
2.2 YBLK Global shall provide the Services as is, with all faults and makes no warranty written or implied, that the Services will be available continuously throughout the Term.
2.3 BLK Global shall act in accordance with all reasonable instructions given to it by you provided such instructions are compatible with the specification of Services provided in Schedule 2.
2.4 BLK Global shall use all reasonable endeavors to accommodate any reasonable changes in the Services that may be requested by you, subject to the your acceptance of any related reasonable changes to the Fees that may be due as a result of such changes.
2.5 You acknowledge and agree that the provision of the Services is on a first come first served basis. You acknowledge and agree that at times of high demand of the Services, although we make the best endeavours to showcase your product(s) and maintain them in the relevant lists specified in Schedule 2, BLK Global does not guarantee that.
- All your products shall be available on all the lists specified in Schedule 2;
- Your product(s) shall be available on the lists specified in Schedule 2 continually for the entire duration of the Term;
- On the basis of the Services demand, BLK Global may, in its sole discretion, make available your product(s) together with those of other users in a staggered manner for periods of time that we believe, in our reasonable opinion, to be adequate.
3. User’s Obligations
3.1 You shall use all reasonable endeavours to provide all pertinent information to BLK Global that is necessary for the provision of the Services.
3.2 You may, from time to time, issue reasonable instructions to BLK Global in relation to the provision of the Services. Any such instructions should be compatible with the specification of the Services provided in Schedule 2.
3.3 In the event that BLK Global requires the decision, approval, consent or any other communication from you in order to continue with the provision of the Services or any part thereof at any time, you shall provide the same in a reasonable and timely manner.
3.4 If any consents, licences or other permissions are needed from any third parties, it shall be your responsibility to obtain the same in advance of the provision of the Services (or the relevant part thereof):
3.5 Any delay in the provision of the Services resulting from your failure or delay in complying with any of the provisions of this Agreement or to provide information as per BLK Global’s request, shall not be the responsibility or fault of blkcommodities.com.
4. Fees and Payments
4.1 You agree to pay BLK Global the fees specified in Schedule 1.
4.2 All payments required to be made pursuant to this Agreement by either Party shall be made in full by card on the Commencement Date.
4.3 Any and all additional payments required to be made pursuant to this Agreement, including but not limited to any fees payable to BLK Global to accommodate any modification or alteration of the Services, shall be made in cleared funds to such bank as BLK Global may from time to time nominate, without any set-off, withholding or deduction except such amount (if any) of tax as that Party is required to deduct or withhold by law.
4.4 Where any payment pursuant to this Agreement is required to be made on a day that is not a Business Day, it may be made on the next following Business Day.
4.5 All the fees due pursuant to this Agreement are additional to the fees payable by the User in relation to other agreements you entered into with BLK Global, including but not limited to the BLK Service agreement, and you agree that the fees specified in Schedule 1 shall not be deductible from the fees due to BLK Global pursuant to any other agreement that you may have entered, from time to time, with BLK Global.
5. Guarantee
5.1 You acknowledge and agree that BLK Global does not make any guarantees, written or implied, that any or part of the Services shall be free from defects, bugs, errors and/or available continually and without interruption throughout the Term. You further agree that the Services or part thereof may not be available in all geographical regions at the same time and may be subject to modification without prior notice.
5.2 You acknowledge and agree that blkcommodities.com may, from time to time and its sole discretion, restrict or suspend the services for any reason, including but not limited maintenance, updating and any other reason that, in our reasonable opinion, deem necessary. You agree that we shall not be liable to you for any such occurrences and that any and all fees paid to us are non-refundable:
6. Set-Off
6.1 You shall not be entitled to set-off any sums in any manner from payments due or sums received in respect of any claim under this Agreement or any other agreement at any time.
7. Termination
7.1 This Agreement shall remain in full force and effect for a period of twelve (12) months from the Commencement Date.
7.2 You may terminate your use of the Services at any time by deleting your account or simply ceasing to use the Services. In such event, you shall not be entitled to any refund of any fees that you may have paid prior to you ceasing to use the Services and any additional fees due pursuant to Clause 4.3 shall become due and payable immediately.
Schedule 1
List of Fees
User Fees:
User agrees to pay the fees on the basis of the Subscription type they intend to purchase, as detailed in Table 1 below.
Table 1 | |
---|---|
Subscription Type | Fee (USD) |
Standard | 0 |
Bronze | 49.99 |
Silver | 99.99 |
Gold | 199.99 |
Platinum | 499.99 |
Product Listing: free of charge for all Sellers, for all products
Product Editing: free of charge for all Sellers, for all products
Schedule 2
List of Services
Upon prompt payment of the fees set out in Schedule 1, User shall enjoy, in addition to the Site standard services:.
1. Bronze Subscription
- addition of selected products/services to the LATEST list for a period of time of up to 12 months (depending on the availability of the slots);
- other functionalities that we may, from time to time, make available through the Site which are intended implicitly for Sellers;
2. Silver Subscription
- addition of selected products/services to the LATEST list for a period of time of up to 12 months (depending on the availability of the slots);
- addition of selected products/services on MOST RECOMMENDED list for a period of time of up to 12 months (depending on the availability of the slots);
- all other functionalities that we may, from time to time, make available through the Site which are intended implicitly for Sellers;
3. Gold Subscription
- addition of selected products/services to the LATEST list for a period of time of up to 12 months (depending on the availability of the slots);
- addition of selected products/services on MOST RECOMMENDED list for a period of time of up to 12 months (depending on the availability of the slots);
- addition of selected products/services on TODAY'S DEALS list for a period of time of up to 12 months (depending on the availability of the slots);
- showcase of one of your products, showing it at the top of the search results for three (3) specific keywords;
- all other functionalities that we may, from time to time, make available through the Site which are intended implicitly for Sellers;
4. Platinum Subscription
- addition of selected products/services to the LATEST list for a period of time of up to 12 months (depending on the availability of the slots);
- addition of selected products/services on MOST RECOMMENDED list for a period of time of up to 12 months (depending on the availability of the slots);
- addition of selected products/services on TODAY'S DEALS list for a period of time of up to 12 months (depending on the availability of the slots);
- addition of one selected product/service on homepage banner for a period of time of up to 12 months (depending on the availability of the slots);
- showcase of up to ten (10) of your products, showing them at the top of the search results for three (3) specific keywords. Any additional product shall be charged at a rate of USD 25/product/month;
- all other functionalities that we may, from time to time, make available through the Site which are intended implicitly for Sellers;