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Welcome to www.blkcommodities.com.
PLEASE READ CAREFULLY THE FOLLOWING TERMS AS THEY SET OUT THE RULES AND OBLIGATIONS THAT REGULATE THE RELATIONSHIP BETWEEN YOU AND BLK GLOBAL LTD.
BLK Global Ltd. and its affiliates (“blkcommodities.com”) provide web-based features 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 applicable to your access and use of the Site (the "Terms"). This document is a legally binding agreement (“Agreement”) 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 (referred to as “we”, “us”, “our” or “BLK Global”,“blkcommodities.com” hereinafter).
If you do not agree to all or part of the following Terms, you may not use the Site.
If you continue browsing and using the Site, you are agreeing to comply with and be bound by the Terms.
1.1 In this Agreement the following definitions shall apply:
Affiliate: any subsidiary or parent or holding company of any company or any other subsidiary of such parent or holding company. For the purposes of this definition, “subsidiary” and “holding company” shall have the meanings assigned to them under the UK Companies Act 2006 (as amended).
Bribe: anything that would amount to an offence of bribery or corruption under any applicable corruption laws (including anything which would be an offence under the Bribery Act 2010 as amended if the person concerned were subject to the jurisdiction of the UK courts under such Act); and “Bribes”, “Bribed”, “Bribery” and other variants of “Bribe” shall be construed accordingly.
Business Day: a day when banks in the country of origin of Blkcommodities.com are open for business.
Buyer: any Site Member who purchases any product or service displayed by another Member on the Site.
Claims: any and all claims, demands, judgments, liabilities, damages, costs (including legal costs), losses, penalties, expenses and causes of action of whatever nature.
Conditions: these terms and conditions, as amended from time to time, shall apply to every proposal, and form part of the Contract to the User.
Consequential Loss
a) consequential or indirect loss under English law; and
b) loss and/or deferral of services, loss of product, loss of use, loss of opportunity, loss of revenue, profit or anticipated profit (if any) in each case whether direct or indirect, and whether or not foreseeable at the date of the Contract.
Contract: the contract between the Buyer and the Seller or between the Buyer and the Shipper for the supply of goods and/or services in addition to this Agreement and includes any Customer's purchase order form (“Purchase Order” or “PO”) and any Customer's written acceptance of a quotation by the Supplier.
Co-Venturer: any other entity with whom the User or us, as the case may be, is or may be from time to time a party to a joint operating agreement, production sharing agreement or similar agreement relating to the Agreement and operations in respect of which the Services are being provided.
Customer: the physical person or the company who purchases Services from us, a Seller or a Shipper.
Customer Group: the Customer, its Co-Venturers, its and their Affiliates, its sub-contractors and its and their respective directors, invitees, officers and employees but shall not include any member of the Supplier Group.
Data Protection Legislation: all applicable laws, rules, regulations, directives and governmental requirements relating in any way to the privacy, confidentiality, security, integrity or protection of personal data, including without limitation, the EU Data Protection Directive 95/46/EC and the EU ePrivacy Directive 2002/58/EC together with all national implementing legislation, the EU General Data Protection Regulation (GDPR) 2016/679 and all other applicable data protection laws, in each case as amended or superseded from time to time.
Dispute: any action, suit or proceeding between two or more Members arising out of or in connection with any disagreement, dispute, controversy or claim relating to the performance or non-performance of the Contract.
Embargoed Country: any country or geographic region subject to comprehensive economic sanctions or embargoes administered by OFAC or the European Union, including without limitation Cuba, Iran, North Korea, Syria, and the Crimea region.
Global Trade Laws: the U.S. Export Administration Regulations; the U.S. International Traffic in Arms Regulations; the economic sanctions rules and regulations administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) as well as any relevant Executive Orders; the economic sanctions rules and regulations administered by the United Kingdom’s European Union (“E.U.”) Council Regulations on export controls, including Nos. 428/2009, 267/2012; other E.U. Council sanctions regulations, as implemented in E.U. Member States; United Nations sanctions policies; all relevant regulations made under any of the foregoing; and other applicable economic sanctions or export and import control laws.
Intellectual PropertyRights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Online Transactions: Any and all transactions which are executed through Blkcommodities.com Site.
Offline Transactions: Any and all transactions which are executed offline, between Buyers, Sellers and/or Shippers for the provision of products and/or services whose order has been made through the Site.
Sanctioned Person: at any time:
a) any person or entity included on: OFAC’s Specially Designated Nationals and Blocked Persons List, the Sectoral Sanctions Identifications List, or the Foreign Sanctions Evaders List; the E.U.’s Consolidated List of Sanctions Targets; or any similar list;
b) any person resident in, or entity organised under the laws of, an Embargoed Country; or
c) any person or entity majority-owned or controlled or acting on behalf of any of the foregoing.
Seller: any Site Member who sells any product or service by listing it on the Site.
Services: the services supplied by Blkcommodities.com to the Users and the services supplied by Blkcommodities.com affiliates or Sub-contractors to the Users that allow them to use the Site, view its contents, display materials, goods, services and conclude transactions online and offline. The Services include but are not limited to the services listed in Schedule 1 of the BLK Service Agreement.
Shipper: any Site Member or third-party who undertakes to transport goods from Seller’s nominated location to Buyer’s nominated location.
Sub-Contractor: any party (other than the Blkcommodities.com) with whom the Blkcommodities.com has a contract for performance of any part of the Services, or with whom the Blkcommodities.com has a contract (other than as set out in the Agreement) for performance of services relating to the Blkcommodities.com, and, shall extend to include such party’s sub-contractors and vendors. Subcontractor also includes any party (other than the Supplier) with whom a Supplier or a Seller or a Shipper has a contract for the performance of his own services or the delivery of goods.
Supplier: any Member registered with a Seller account on Blkcommodities.com who undertakes to supply goods and services to Buyer Members through the Site or any Member or third-party who undertakes to transport goods from Seller’s nominated location.
Supplier Group: the Supplier, its Co-Venturers, its and their Affiliates, its Sub-Contractors and its and their respective directors, invitees, officers and employees but shall not include any member of the Customer Group.
Supplier Materials: all materials, equipment, assets, documents and other property of the Supplier.
Supplier Vessel: a vessel either owned, chartered or operated by the Supplier and used in connection with the Services under the Contract.
Premises: as set out in the Contract.
Transaction: any instance of buying or selling products or services through the Site, including but not limited to any kind of deal, business, agreement, undertaking, affair, arrangement, bargain, negotiation, treaty, contract, pact, compact, bond, settlement connected with the transfer of goods and services between Buyers, Sellers and/or Shippers facilitated through the Site.
For the sake of clarity, in this Agreement:
a) all singular words include plural ones and vice versa;
b) all references to paragraphs, schedules or appendices are to the ones in the Agreement or other relevant BLK agreements, rules and policies;
c) all references to a person include firms, companies, government entities,trusts and partnerships;
d) the term "including” does not exclude anything not listed;
e) all references to statutory provisions include any changes to those provisions;
f) the headings are not part of the Agreement.
2.1 The use of the Site, all its features and the Services is subject to the terms and conditions contained herewith, together with the provisions set forth in the Privacy Policy, Product Listing Policy, Intellectual Property Rights (IPR) Protection Policy and any other rules, documents and policies that Blkcommodities.com may publish from time to time. This document, the BLK Service Agreement and all other rules and policies are collectively referred to as the “Terms”. By accessing the Site or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Site if you do not accept all of the Terms.
2.2 You may not use the Services and may not accept the Terms if
a) you are not at least 18 years of age or otherwise prohibited to form a binding contract with Blkcommodities.com by your local jurisdiction, or
b) you are not permitted to receive any Services under the laws of England and Wales or other countries / jurisdictions including the country / jurisdiction where you are resident or where you make use the Services from.
2.3 You are hereby notified, acknowledge and agree that Blkcommodities.com may amend any Terms at any time by posting the amended Terms on the Site. Any newer or amended version of the Terms shall be valid immediately upon posting and by continuing to use the Services or the Site, you agree to be bound and abide to the amended Terms. The best efforts will be made to contact you to notify of any changes in the Terms, using contact details provided by you during the registration phase. It is your responsibility, however, to keep up to date with the latest version of the Terms, which will be in full force and supersede any other version previously published.
2.4 If Blkcommodities.com has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern the use of the Services and the Site.
2.5 From time to time, you may be required to enter into a separate agreement with Blkcommodities.com or our affiliates for any Service (“Additional Agreements”)If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence only in relation to the specific Service concerned.
2.6 These Terms may not otherwise be modified except in writing by a director of Blkcommodities.com.
3.1 Blkcommodities.com may delegate some of the Services to its affiliates, whom you agree may invoice you for their part of the Services. You will be notified in writing prior to these services or products being performed, and you will be able to resign from them in case you do not wish to pay the associate fee which will be detailed on a case-by-case basis.
3.2 You must register as a member on the Site in order to access and use some Services. Blkcommodities.com reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that Blkcommodities.com may impose in our discretion.
3.3 Services (or any features within the Services) may vary for different countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for all Users. Blkcommodities.com may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
3.4 Blkcommodities.com may change, modify, alter conditions to or suspend any Services (or any features within the Services) without prior notice. The best efforts will be made to notify you any time any change in services or services feature is to undergo a modification or is to be suspended; however, Blkcommodities.com shall not be liable for any Consequential Loss whatsoever arising out of or in connection with the performance or non-performance of the Services, in contract, tort (including negligence), breach of statutory duty or otherwise at law.
4.1 As a condition of your access to and use of the Site and/or Services, you agree that you will comply with all applicable laws and regulations when using the Site and/or Services.
4.2 You agree to use the Site or Services solely for your internal purposes. You agree that:
a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video, sound, directories, files, databases, listings, etc. available on or through the Site (the “Site Content”), and
b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that is in conflict of interests with Blkcommodities.com
Any retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory, through whichever means, or use of any content or material on the Site for any purpose not expressly permitted in these Terms without prior written consent from Blkcommodities.com is prohibited and shall constitute a material breach of the terms of this Agreement.
4.3 You hereby confirm that you have read and understood Blkcommodities.com’s Privacy Policy which governs the protection and use of personal information about Users gathered through the Site. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy. If you have any doubts, concerns, wish to obtain additional information or to recede from the use of the Site and to have your personal information erased, submit a request to the attention of the Legal Department, BLK Global Ltd, 42 Laighpark View, Paisley, PA3 2PE, United Kingdom email: legal@blk-global.com
4.4 Blkcommodities.com may allow Users to access to content, products or services offered by third parties through hyperlinks that may take one or multiple forms (by the way of an example: word link, banners, etc.), API or otherwise to such third parties' websites. You are hereby notified that the use of such third-party websites is governed by different terms and conditions and you are cautioned to read such websites' terms and/or privacy policies before using those websites. You acknowledge that Blkcommodities.com has no control over such third parties' websites, does not monitor such websites, and shall not be responsible or liable to anyone for any loss or damages arising out of or in connection with the use of such websites, or any content, products or services made available on such websites.
4.5 You agree not to undermine the integrity of the computer systems or networks of Blkcommodities.com and/or any other User, by whichever means; nor to gain unauthorised access to such computer systems or networks, either by undertaking direct actions or through the use of third parties.
4.6 You agree not to undertake any action which may undermine the integrity of Blkcommodities.com’s feedback system (by the way of an example: by leaving positive feedback for yourself using another Member or through third parties, or by leaving unsubstantiated negative feedback for another Member).
4.7 By posting or displaying any information, content, material, datasheets, images or text (“User Content”) on the Site or by providing any User Content to Blkcommodities.com or any of our affiliates, you irrevocably assign Blkcommodities.com perpetual, worldwide, royalty-free, and sub-licensable license to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose.
4.8 You confirm and warrant to Blkcommodities.com that you have all the rights, power and authority necessary to grant the license specified in clause 4.7.
5.1 Users must register on the Site in order to gain access or use some of the Services. Except with Blkcommodities.com’s approval, one User may only register one account on the Site. Blkcommodities.com may cancel or terminate a User’s account if in Blkcommodities.com there are reasonable grounds to suspect that the User has registered or controls more than one account. Blkcommodities.com may reject User’s application for registration in our sole discretion.
5.2 Upon registration on the Site, Blkcommodities.com shall assign an account and issue a member ID and password (the latter shall be chosen by the User during the registration phase) to each registered User.
5.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. You agree to notify Blkcommodities.com as soon you become aware of any unauthorised use of your password or account, or any other breach of security related to your account.
5.4 Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or terms, subscribing to or making any payment for any services, sending emails using the email account, etc.) will be deemed to have been authorised by the Member.
5.5 Member acknowledges and agrees that sharing of your account with other persons,or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to Blkcommodities.com or other Users of the Site. Member shall indemnify Blkcommodities.com, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, Blkcommodities.com shall not be liable for any loss or damages arising out of or in connection to such breach and we shall have the right to suspend or terminate Member’s account without liability to Member.
6.1 Each Member represents, warrants and agrees that:
a) you have full power and authority to accept the Terms, to grant the license and authorisation and to perform the obligations hereunder;
b) you use the Site and Services for business purposes only; and
c) the address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
6.2 Member will be required to provide information or material about entity, business or products/services as part of the registration process on the Site or your use of any Service or the member account. Each Member represents, warrants and agrees that
a) such information and material is true, accurate and complete, and
b) Member will maintain and promptly modify all information to keep it true, accurate, current and complete.
6.3 Upon becoming a Member, you consent to the inclusion of your personal information in our encrypted database and authorise Blkcommodities.com and our affiliates to use your information in accordance with the Privacy Policy. Blkcommodities.com undertakes to take all the necessary measures to safeguard protect and handle your personal data, in accordance with the E.U. GDPR (Directive 95/46/EC).
6.4 Each Member represents, warrants and agrees that:
a) you shall be solely responsible for obtaining all necessary third-party licenses and permissions regarding any User Content that you submit, post or display;
b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”);
c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in your account page and such sale, trade, distribution or export or offer does not violate any Third Party Rights and;
d) you and your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organisation or jurisdiction.
6.5 Member represents, warrants and agrees that the User Content that you submit, post or display shall:
a) be true, accurate, complete and lawful;
b) not be false, misleading or deceptive;
c) not contain information that is defamatory, denigratory, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) not violate the Product Listing Policy, other Terms or any applicable Additional Agreements;
f) not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
g) not contain any link directly or indirectly to any other websites which includes any content that may violate the Terms;
h) not contain contact, business or any other information (including without limitation phone numbers, postal addresses, email addresses, names of agents, representatives, employees, directors or affiliates of theMember’s organisaiton) aimed at providing an alternative point of contact to you outside the Site.
6.6 Member represents, warrants and agrees that you shall/are:
a) carry on your activities on the Site in compliance with any applicable laws and regulations;
b) conduct your business transactions with other users of the Site in good faith;
c) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
d) not use the Services or Site to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
e) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
f) not engage in spamming or phishing;
g) not engage in any unlawful activity (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage any unlawful activities;
h) not involve attempts to copy, reproduce, exploit or expropriate Blkcommodities.com’s proprietary directories, databases and listings;
i) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
j) not involve any scheme to undermine the integrity of the data, systems or networks used by Blkcommodities.com and/or any user of the Site or gain unauthorised access to such data, systems or networks;
k) not, and your director, officer, controlling party, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organised or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; and
l) not engage in any activities that would otherwise create any liability for Blkcommodities.com or our affiliates.
6.7 Member may not use the Services and Member account to engage in activities which are identical, similar or in conflict of interest to those of Blkcommodities.com, including without limitation i) developing, hosting and operating, a site and/or online marketplace primarily aimed at the trade of raw materials, commodities and industrial supplies ii) provide services that are similar to the Services. The provisions of this Clause 6.7 are valid throughout the duration of this Agreement and from a period of five (5) years following its termination, in accordance with the provisions set out in Clause 17.8.
6.8 In case Member makes use of a business agent and/or referee, Member represents, warrants and agrees that you have obtained all necessary consents, approvals and waivers from the relevant stakeholders to:
a) act as your business agent and/or referee;
b) post and publish their contact details and information, reference letters and comments on their behalf and;
c) that third parties may contact such business agents/referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate and third parties may contact the business agents/referees without the need to obtain your consent.
6.9 Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Blkcommodities.com’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, Blkcommodities.com shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising out of or in connection with such delay, suspension or termination.
6.10 Member acknowledges and agrees that Blkcommodities.com shall not be required to actively monitor nor exercise any editorial control over the content of any message or material or information created, obtained or accessible through the Services and/or the Site. Blkcommodities.com does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and the content of their comments or other material or information.
6.11Member acknowledges and agrees that the Services may only be used by businesses, individuals and their representatives for business use.
6.12 Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.
7.1 Blkcommodities.com reserves the right, in our sole discretion, to remove, modify or reject any User Content that you submit to, post or display on the Site if we have reasonable grounds to believe that such content violates the Terms, could expose Blkcommodities.com or our affiliates to liability, or is otherwise found inappropriate in our opinion.
7.2 If any Member breaches any of the Terms, or if Blkcommodities.com has reasonable grounds to believe that a Member is in breach of any Terms, Blkcommodities.com shall have the right to take any actions as we deem appropriate, including without limitation:
a) suspending or terminating the Member’s account and any accounts determined to be related to such account by Blkcommodities.com;
b) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service;
c) removing any product listings or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display;
d) imposing other restrictions on the Member’s use of any features or functions of any Service as Blkcommodities.com may consider appropriate our sole discretion and;
e) any other corrective actions, discipline or penalties as Blkcommodities.com may deem necessary or appropriate in our sole discretion.
7.3 Without limitation to the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
d) upon complaint or claim from any third-party, Blkcommodities.com has reasonable grounds to believe that such Member has wilfully or materially failed to perform the Contract with such third party including without limitation where the Member has failed to deliver any goods/services ordered by such third party after receipt of the purchase price, or where the items Member has delivered materially fail to meet the specifications outlined in the Contract with such third-party or Buyer;
e) Blkcommodities.com has reasonable grounds to suspect that such Member has used a stolen card or other false or misleading information in any transaction with a counter party;
f) Blkcommodities.com has reasonable grounds to believe that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or;
g) Blkcommodities.com believes that the Member’s actions may cause liability to Blkcommodities.com, our affiliates or any other Users.
7.4 Member agrees that Blkcommodities.com shall fully cooperate with governmental authorities and law enforcing agencies for the purposes of the investigation of any suspected criminal or civil wrongdoing. Blkcommodities.com may, in accordance with the Privacy Policy and within the terms set forth by the EU GDPR 2016/679,disclose the Member's personal information, if so requested by a government or law enforcement agency, or as a result of a subpoena or other legal action. Blkcommodities.com shall not be liable to for any damages or Consequential Loss whatsoever arising out of or in connection with the disclosure of personal information for the purposes described in this Clause 7.4. Further, Member agrees not to bring any action or claim against Blkcommodities.com for such disclosure. This clause shall survive the termination of this Agreement and will remain in force indefinitely.
7.5 If a Member is in breach of the Terms, Blkcommodities.com reserves the right, in accordance with the Privacy Policy and within the terms set forth by the EU GDPR 2016/679,to disclose the records of such breach. If such breach involves or if we have reasonable grounds to believe involves dishonest or fraudulent activities, Blkcommodities.com may disclose the records of such breach to our affiliates, who may take any action they deem necessary in accordance with their own terms and conditions.
7.6 Blkcommodities.com may, at any time and in our sole discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Site without being liable to the Member if Blkcommodities.com has received notice that the Member is in breach of any agreement or undertaking with any affiliate of Blkcommodities.com and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. Blkcommodities.com shall have the right to act in accordance with the provisions set forth in clause 7.5. In these events, we shall not be required to investigate such breach or request confirmation for such breach from the Member.
7.7 Each Member agrees to indemnify Blkcommodities.com, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Site or Services, or from your breach of the Terms.
7.8 Member agrees that Blkcommodities.com is not responsible and shall have no liability to you or anyone else for any User Content or other material transmitted over the Site, including but not limited to fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the liability for damages arising out of, or in connection with such material rests entirely with each Member. Blkcommodities.com reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Blkcommodities.com in asserting any defences.
8.1 Through the Site, Blkcommodities.com provides a web-based platform for the exchange of information between buyers and sellers for the provision of the supply of products and services. Blkcommodities.com additionally provides web-based transaction platforms for Members to place, accept, conclude, manage and fulfil orders for the provision of products and services, subject to the terms of the BLK Service Agreement. Member acknowledges and agrees that Blkcommodities.com does not represent neither the Seller nor the Buyer nor the Shipper in any Transaction. Member further acknowledges and agrees that Blkcommodities.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products/services offered for sale on the Site or the ability of the Sellers to complete a sale or the ability of Buyers to complete a purchase or the ability of Shipper to fulfil the Contract. Blkcommodities.com shall not be liable for any Consequential Loss whatsoever arising out of or in connection with the performance or non-performance of the Contract that Buyers, Sellers and Shippers enter upon executing any Transaction trough the Site, in contract, tort (including negligence), breach of statutory duty or otherwise at law.
8.2 Users are hereby notified that there may be risks of dealing with people acting under false pretences. Blkcommodities.com makes use of several techniques to verify the accuracy of the information provided by Members. However, as verification on the Internet is complicated, Blkcommodities.com cannot and does not confirm each User's declared identity. We hereby recommend you make your best efforts to evaluate the legitimacy and good faith of anyone you intend to carry out business with, prior to concluding any Transactions.
8.3 You acknowledge and agree that you are fully assuming the risks of conducting any purchase and/or sale Transaction in connection with using the Site or Services, and that you are fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of Transactions using the Site. Such risks shall include, without limitation, misrepresentation of products and services, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate Third Party Rights, and the risk that User may incur costs of defence or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Site as a result of purchase and/or sale Transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks". User agrees that Blkcommodities.com shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks. Blkcommodities.com (including our subsidiaries, affiliates, directors, agents and employees) shall not be liable to you or any other party in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses arising, directly or indirectly from the use of the Site, its products and services and Transactions executed thereon. In the event that, in any jurisdiction, the provisions of this clause are found to be invalid, and Blkcommodities.com is found to be liable, our liability to you or to any third party is limited to the minimum of a) any amounts due under Blkcommodities.com payment assurance up to the price the item sold on Blkcommodities.com, b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or c) USD 100.
8.4 Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
8.5 User agrees to provide all information and materials as may be reasonably required by Blkcommodities.com in connection with all User’s Transactions conducted on, through or as a result of use of the Site or Services. Blkcommodities.com has the right to suspend or terminate any User’s account, should you fail to provide the required information and materials within the timeframes indicated on a case by case basis.
8.6 In the event that any User has a dispute with any party to a Transaction, such User agrees to release and indemnify Blkcommodities.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such Transaction. This clause shall survive the termination of this Agreement and remain in full force indefinitely.
9.1 To the maximum extent permitted by law, the services provided by Blkcommodities.com on or through the Site are provided “as is”, “as available” and “with all faults”. Blkcommodities.com hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of quality, condition, durability, accuracy, performance, reliability, merchantability or fitness for a particular purpose.
9.2 To the maximum extent permitted by law, Blkcommodities.com makes no representation or warranties on the validity, accuracy, correctness, quality, reliability, stability, completeness or correctness of any information provided on or through the Site; Blkcommodities.com does not represent or warrant that the manufacture, importation, exportation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the site does not violate any third-party rights; and Blkcommodities.com makes no representations or warranties of any kind concerning any product or service offered or displayed on the Site.
9.3 Any material downloaded or otherwise obtained through the Site is done at your sole risk and you are solely responsible for any damage to Blkcommodities.com’s computer systems or loss of data that may result from your download of any material. No advice or information, whether oral or written, obtained by any User from Blkcommodities.com or through or from the Site shall create any warranty not expressly stated herein.
9.4 Blkcommodities.com may make available to User services or products provided by independent third-parties. No warranty or representation is made with regard to such services or products. In no event shall Blkcommodities.com and our affiliates be held liable for any loss or damage arising out of or in connection with such services or products, in contract, tort (including negligence), breach of statutory duty or otherwise at law.
9.5 User hereby agrees to indemnify and save Blkcommodities.com, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from the User's use of the Site or Services (including but not limited to the display of User's information on the Site) or from your breach of any of the terms and conditions of the Agreement. Each User hereby agrees to indemnify, save Blkcommodities.com, our affiliates, directors, officers and employees harmless and keep us indemnified from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) which may arise from User's breach of any representations and warranties made by User to Blkcommodities.com, including but not limited to those set forth in Section 6.
9.6 User agrees to indemnify, save Blkcommodities.com, our affiliates, directors, officers, employees and agents harmless, and keep us indemnified from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third-parties relating to products offered or displayed on the Site. Each User hereby agrees that Blkcommodities.com is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Blkcommodities.com reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Blkcommodities.com in asserting any available defences.
9.7 Blkcommodities.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
a) the use or the inability to use the Site or Services;
b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third-party through the Site;
c) violation of Third Party Rights or claims or demands that User's manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
d) unauthorised access by third-parties to data or private information of any User;
e) statements or conduct of any User of the Site; or;
f) any matters relating to Services however arising, including negligence.
9.8 Notwithstanding any of the foregoing provisions, the aggregate liability of Blkcommodities.com, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the minimum of a) any amounts due under Blkcommodities.com payment assurance up to the price the item sold on Blkcommodities.com; b) the amount of fees in dispute not to exceed the total fees which you paid to us in the twelve (12) months prior to the action giving rise to the liability; c) USD 100; in respect of any and all Claims arising out of or in connection with the Site, of whatsoever nature and howsoever arising.
9.9 All claims arising out of or in connection with the use of the Site or Services must be filed within seven (7) calendar days from the date of the action from which the claim arose (“Limitation Period”). The Limitation Period shall begin on the day of the action from which the claim arose and shall expire on the seventh (7th) calendar day afterwards. Claims are to be made in writing and submitted by post to the attention of the BLK Global Ltd. Legal Department, 42 Laighpark View, PA3 2PE, Paisley, Renfrewshire, United Kingdom. Claims cannot be brought after the expiry of the Limitation Period. The provisions of the UK Limitation Act 1980 are hereby expressly excluded.
9.10 The limitations and exclusions of liability to you under the Agreement shall apply to the maximum extent permitted by law and shall apply whether or not Blkcommodities.com has been advised of or should have been aware of the possibility of any such losses arising.
9.11 Nothing in this Agreement shall limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
9.12 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Agreement.
9.13 Section 9 and all clauses contained therein shall survive termination of the Agreement and remain in full force indefinitely.
10.1 Under no circumstances shall Blkcommodities.com be held liable for any delay or failure or disruption of the contents or Services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, embargo, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
11.1 Blkcommodities.com is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with Blkcommodities.com, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by Blkcommodities.com are hereby reserved.
11.2"BLKCOMMODITIES", "BLKCOMMODITIES.COM",”BLKCOMMODITIES.CO.UK”, and related icons and logos are registered trademarks or trademarks or service marks of BLK Global and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorised copying, modification, use or publication of these marks is strictly prohibited.
11.3 Blkcommodities.com may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without having obtained their written consent.
12.1 All legal notices or demands to or upon Blkcommodities.com shall be made in writing in the English or Italian language and sent to Blkcommodities.com personally, by courier, certified mail to the following entity and address: BLK Global Ltd. Legal Dept., 42 Laighpark View, Paisley, Renfrewshire, PA3 2PE, United Kingdom (email: legal@blkglobal.com). The notices shall be effective when they are received by Blkcommodities.com in any of the above-mentioned manner.
12.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Blkcommodities.com, or by posting such notice or demand on an area of the Site that is publicly accessible free of charge. Notice to a User shall be deemed to be received by such User if and when:
a) Blkcommodities.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User or;
b) Immediately upon posting such notice on an area of the Site that is publicly accessible free of charge.
c) if sent via email, within one (1) hour of sending such notice;
d) if sent via courier, upon signed reception of recipient;
e) if sent by ordinary mail, three (3) working days from the date of dispatch.
12.3 You agree that all agreements, notices, demands, disclosures and other communications that Blkcommodities.com sends to you electronically satisfy the legal requirement that such communication is in writing.
13.1 User represents and warrants that the User has not Bribed at any time in connection with obtaining the Contract and shall not Bribe in connection with the Contract or its performance.
13.2 User shall, if so requested by the Blkcommodities.com in writing, promptly provide any information which the we may reasonably require in order to monitor its compliance with this Clause. In particular and without limitation, a director or other duly authorised representative of the User with direct responsibility for the Contract shall certify in writing to the Supplier on an annual basis its full compliance with this Clause during the preceding year.
13.3 User shall, where lawful, notify Blkcommodities.com immediately in writing upon becoming aware of, or suspecting:
a) failure to comply with any provisions of this Clause; and
b) any extortive solicitation, demand or other request for anything of value, by or on behalf of any person relating to the Contract or its subject matter.
13.4 Any failure by the User to comply with any provision of this Clause shall constitute a material breach of the Agreement.
13.5 In the event of a breach or suspected breach of this Clause, such determination to be at the sole discretion of the Blkcommodities.com, we shall be entitled to suspend the provision of the Services under the Agreement and/or terminate the Agreement with immediate effect and without liabilities whatsoever arising out of or in connection with the Agreement.
14.1 User warrants compliance with:
a) Global Trade Laws in all respects related directly or indirectly to the performance any contract that you may enter from time to time with any other member, and;
b) undertakes that they will not, through any act or omission place any other Member in violation of Global Trade Laws; and
c) all other rules and regulations including those of the territories where goods and/or Services are to be delivered.
14.2 Without prejudice to any other clause of the Terms, User shall indemnify and hold harmless Blkcommodities.com and any of Blkcommodities.com’s affiliates against all Claims and in respect of all loss suffered by them as a result of or relating to violations of this Clause including any penalties or costs associated with government investigations or enforcement actions under Global Trade Laws. For the avoidance of doubt, Clause 14 shall not apply in respect of a party’s rights of indemnity under this Clause.
14.3 User represents and warrants that you, your affiliates, and your directors, officers, key employees or agents are not Sanctioned Persons.
14.4 Any breach and/or potential breach of this Clause, or a change to Global Trade Laws which makes continued performance under the Contract impermissible, entitles Blkcommodities.com at its absolute discretion to immediately terminate this Agreement and any other subscription or additional Service User may be enjoying, fully or in part. In that event this Agreement is terminated due to a change in applicable Global Trade Laws, both parties agree that: (i) such termination shall not constitute a breach of the Terms by the party terminating and the other party waives any and all claims against the terminating party for any loss, cost or expense, including consequential damages that the other party may incur by virtue of such termination; and (ii) both parties agree to take reasonable steps to cooperate in winding down this Agreement.
15.1 A party (the “Receiving Party”) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes, reports or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (the “Disclosing Party”), its employees, agents or sub-contractors, and any other confidential information concerning the Disclosing Party's business, its products and services which the Receiving Party may obtain. The Receiving Party shall only disclose such confidential information to those of its employees, agents and sub-contractors who need to know it for the purpose of discharging the Receiving Party's obligations under the Purchase Order or relevant Contract, and shall ensure that such employees, agents and Sub-contractors comply with the obligations set out in this Clause as though they were a party to the Purchase Order or Contract. The Receiving Party may also disclose such of the Disclosing Party's confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This Clause 15.1 shall survive termination of the Purchase Order, Contract and of the Agreement.
15.2 Confidential Information means any and all information, whether written, oral or in other form howsoever and whensoever obtained relating in any way to this Agreement, or to the business of affairs of Blkcommodities.com and its Members, including any information created, assembled or produced howsoever by the User in connection with this Agreement. Confidential Information also means any and all communications, data, information and/or material provided by or obtained through Blkcommodities.com and/or the Site.
15.3 User agrees to use the Confidential Information provided by or through Blkcommodities.com only for the purposes of this Agreement. Nothing herein shall be construed as granting or conferring upon the User, expressly impliedly or otherwise, any licenses or other rights under any of the Disclosing Party’s patents, trademarks, trade secrets, property, Confidential Information or other forms of intellectual property rights.
15.4 It is expressly agreed that the identities of any individual or entity and any third parties (including without limitation suppliers, customers, financial sources, manufacturers and consultants) disclosed by the User and any related business opportunity shall constitute Confidential Information and the Reciving Party shall not at any time (without prior written consent of Blkcommodities.com):
a) directly or indirectly, outside the site, approach, engage, correspond, initiate, solicit, negotiate, contract or enter into any business transaction, agreements or undertakings with any such third party, identified or introduced by or through Blkcommnodities.com and/or the Site; or
b) seek to by-pass, compete with, avoid or circumvent Blkcommodities.com from any business opportunity by utilising any Confidential Information or otherwise by exploiting or deriving any benefit from the Confidential Information in relation to this Agreement.
Breach of this Clause 15.4 shall entitle BLK Global the right to damages and claim in respect of the benefit obtained by you including without limitation loss of revenue and business opportunity.
16.1 This Agreement shall remain in full force and effect while you use the Services and for a period of twelve (12) months from the date of your last access to the Site (“The Term”).
16.2 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.
16.3 Blkcommodities.com may terminate this Agreement, suspend your access to the Services or part of the Services and/or terminate your membership for any reason and without prior notice, which may result in the destruction of all information and records associated to your membership. Blkcommodities.com may also terminate or suspend any and all Services immediately, without prior notice and without any liability whatsoever to you if you are believed, in our reasonable opinion, to be in breach of any of the terms of this Agreement.
16.4 Upon termination, all of your outstanding unpaid invoices and/or fees and interests shall become payable immediately and, in respect of all Services supplied but for which no invoice has been submitted to you, BLK Global shall submit an invoice which shall be payable by you immediately. Please refer to BLK Service Agreement for details.
16.5 The accrued rights, remedies, obligations and liabilities of the parties as at termination shall not be affected, including but not limited to BLK Global’s right to claim damages in respect of any breach of the Agreement.
17.1 You shall grant Blkcommodities.com the use of your logo on its marketing material and bid documentation.
18.1 Subject to any Additional Agreements, the Agreement constitute the entire agreement between you and Blkcommodities.com with respect to your use of the Site and Services. It supersedes any previous agreement, understanding, discussion or exchange between the parties (or their representatives) relating to the use of the Site and the Services which now forms the subject matter of the Agreement.
a) You agree and represent that you are not entering into the Agreement as a result of, or in reliance on, any warranty, representation, statement, agreement or undertaking of any kind whatsoever (whether in writing or oral and whether made negligently or innocently) made by any person other than as expressly set out in the Agreement as a warranty and identified as such in the Agreement as a warranty.
b) For the avoidance of doubt, it is intended and agreed that any liability which might otherwise have arisen in tort for negligent misrepresentation or for negligent or innocent misrepresentation whether at common law or under statue is hereby excluded and any remedy that might otherwise have so arisen is rejected.
c) Nothing in this Clause 17.1 shall limit or exclude any liability for fraud.
18.2 Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership, joint venture, employee-employer relationship or franchiser-franchisee relationship between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
18.3
a) If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, or in breach of the relevant sanctions, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause 17.3 shall not affect the validity and enforceability of the rest of the Agreement.
b) If any provision or part-provision of the Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
18.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
18.5 A waiver of any right under the Agreement or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by Blkcommodities.com in exercising any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
18.6 Blkcommodities.com shall have the right to assign the Agreement (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms) to any person or entity (including any affiliates of Blkcommodities.com).
a) You shall not, without the prior written consent of Blkcommodities.com, assign or transfer any or all of your rights or obligations under the Agreement to any person or entity.
b) You shall not, without the prior written consent of Blkcommodities.com, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under any Contract that you may enter, from time to time, by conducting transactions with other users on the Site.
18.7 Throughout the duration of this Contract and for a period of twelve (12) months thereafter, you shall not solicit or endeavour to solicit Blkcommodities.com or any of their employees, unless express permission has been given.
18.8 Throughout the duration of this Agreement and for a period of five (5) years from its termination, you shall not, either personally or by an agent, whether on your own or in association with another person/organisation, engage in business with or be in any way interested in any person, firm, company or organisation that conducts any business of BLK Global by providing the Services for the provision of the sale and purchase of commodities, industrial supplies and any other product/service (“Restricted Business”), worldwide (the “Restricted Area”).
18.9 Except as set out in these Conditions, no variation of the Terms, including the introduction of any additional terms and conditions, shall be effective unless it is posted by Blkcommodities.com on the Site, where it is publicly accessible free of charge.
18.10 These Terms shall be governed by and construed in accordance with the laws of England.
a) Subject to this Clause, the parties irrevocably agree that the courts of England are to have exclusive jurisdiction for the purpose of hearing and determining any suit, action or proceedings and/or to settle any disputes arising out of or in any way relating to this Agreement or its formation or validity ("Proceedings") and for the purpose of enforcement of any judgment against its property or assets.
b) Nothing in this clause shall (or shall be construed so as to) limit the right of Blkcommodities.com to take Proceedings against you in the courts of any country in which you have assets or in any other court of competent jurisdiction nor shall the taking of Proceedings in any one or more jurisdictions preclude the taking of Proceedings in any other jurisdiction (whether concurrently or not) if and to the extent permitted by applicable law.
(June 2021)
PLEASE READ CAREFULLY THE FOLLOWING TERMS AS THEY SET OUT THE RULES AND OBLIGATIONS THAT REGULATE THE RELATIONSHIP BETWEEN YOU AND BLK GLOBAL LTD.
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 Site to conclude transactions for products and services. This document is a legally binding agreement (“Agreement” or “BLK Service Agreement”) 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 continue browsing and using the Site, you are agreeing to comply with and be bound by 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.
This Agreement outlines various limitations on Blkcommodities.com’s services and grants powers and authority to Blkcommodities.com with respect to all transactions executed though the Site. This includes, without limitation the authority to reject or cancel an online transaction, to refund the funds to a buyer or to release the funds to a seller. This Agreement, together with the relevant Terms and Conditions of Purchase, Terms and Conditions of Shipment and all other rules and policies of Blkcommodities.com shall be binding to you for any and all transactions conducted through the Site.
Affiliate: any subsidiary or parent or holding company of any company or any other subsidiary of such parent or holding company. For the purposes of this definition, “subsidiary” and “holding company” shall have the meanings assigned to them under the UK Companies Act 2006 (as amended).
Bribe: anything that would amount to an offence of bribery or corruption under any applicable corruption laws (including anything which would be an offence under the Bribery Act 2010 as amended if the person concerned were subject to the jurisdiction of the UK courts under such Act; and “Bribes”, “Bribed”, “Bribery” and other variants of “Bribe” shall be construed accordingly.
Business Day: a day when banks in the country of origin of Blkcommodities.com are open for business.
Buyer: any Site Member who purchases any product or service displayed by another Member on the Site.
Claims: any and all claims, demands, judgments, liabilities, damages, costs (including legal costs), losses, penalties, expenses and causes of action of whatever nature.
Conditions: these terms and conditions, as amended from time to time, shall apply to every proposal, and form part of the Contract to the User.
Consequential Loss
Contract: the contract between the Buyer and the Seller or between the Buyer and the Shipper for the supply of goods and/or services in addition to this Agreement and includes any Customer's purchase order form (“Purchase Order” or “PO”) and any Customer's written acceptance of a quotation by the Supplier.
Co-Venturer: any other entity with whom the User or us, as the case may be, is or may be from time to time a party to a joint operating agreement, production sharing agreement or similar agreement relating to the Agreement and operations in respect of which the Services are being provided.
Customer: the physical person or the company who purchases Services from us, a Seller or a Shipper.
Customer Group: the Customer, its Co-Venturers, its and their Affiliates, its sub-contractors and its and their respective directors, invitees, officers and employees but shall not include any member of the Supplier Group.
Data Protection Legislation: all applicable laws, rules, regulations, directives and governmental requirements relating in any way to the privacy, confidentiality, security, integrity or protection of personal data, including without limitation, the EU Data Protection Directive 95/46/EC and the EU ePrivacy Directive 2002/58/EC together with all national implementing legislation, the EU General Data Protection Regulation (GDPR) 2016/679 and all other applicable data protection laws, in each case as amended or superseded from time to time.
Dispute: any action, suit or proceeding between two or more Members arising out of or in connection with any disagreement, dispute, controversy or claim relating to the performance or non-performance of the Contract.
Embargoed Country: any country or geographic region subject to comprehensive economic sanctions or embargoes administered by OFAC or the European Union, including without limitation Cuba, Iran, North Korea, Syria, and the Crimea region.
Global Trade Laws: the U.S. Export Administration Regulations; the U.S. International Traffic in Arms Regulations; the economic sanctions rules and regulations administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) as well as any relevant Executive Orders; the economic sanctions rules and regulations administered by the United Kingdom’s European Union (“E.U.”) Council Regulations on export controls, including Nos. 428/2009, 267/2012; other E.U. Council sanctions regulations, as implemented in E.U. Member States; United Nations sanctions policies; all relevant regulations made under any of the foregoing; and other applicable economic sanctions or export and import control laws.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Online Transactions: Any and all transactions which are executed through Blkcommodities.com Site.
Offline Transactions: Any and all transactions which are executed offline, between Buyers, Sellers and/or Shippers for the provision of products and/or services whose order has been made through the Site.
Sanctioned Person: at any time:
Seller: any Site Member who sells any product or service by listing it on the Site.
Services: the services supplied by Blkcommodities.com to the Users and the services supplied by Blkcommodities.com affiliates or Sub-contractors to the Users that allow them to use the Site, view its contents, display materials, goods, services and conclude transactions online and offline. The Services include but are not limited to the services listed in Schedule 2.
Shipper: any Site Member or third-party who undertakes to transport goods from Seller’s nominated location to Buyer’s nominated location.
Sub-Contractor: any party (other than the Blkcommodities.com) with whom the Blkcommodities.com has a contract for performance of any part of the Services, or with whom the Blkcommodities.com has a contract (other than as set out in the Agreement) for performance of services relating to the Blkcommodities.com, and, shall extend to include such party’s sub-contractors and vendors. Subcontractor also includes any party (other than the Supplier) with whom a Supplier or a Seller or a Shipper has a contract for the performance of his own services or the delivery of goods.
Supplier: any Member registered with a Seller account on Blkcommodities.com who undertakes to supply goods and services to Buyer Members through the Site or any Member or third-party who undertakes to transport goods from Seller’s nominated location.
Supplier Group: the Supplier, its Co-Venturers, its and their Affiliates, its Sub-Contractors and its and their respective directors, invitees, officers and employees but shall not include any member of the Customer Group.
Supplier Materials: all materials, equipment, assets, documents and other property of the Supplier.
Supplier Vessel: a vessel either owned, chartered or operated by the Supplier and used in connection with the Services under the Contract.
Premises: as set out in the Contract.
Transaction: any instance of buying or selling products or services through the Site, including but not limited to any kind of deal, business, agreement, undertaking, affair, arrangement, bargain, negotiation, treaty, contract, pact, compact, bond, settlement connected with the transfer of goods and services between Buyers, Sellers and/or Shippers facilitated through the Site.
2.1 Blkcommodities.com provides an online transaction platform and other associated Services on the Blkcommodities.com Site, which allow Members to conclude transactions for products and/or services subject to the terms of this Agreement. Blkcommodities.com may publish rules, policies, additional terms and/or amendments to the Agreement, existing rules, policies and terms. Any rules, policies, amendments and/or documents posted on the Site shall be in force as soon as they are published on the Site and are expressly incorporated into this Agreement by reference. User agrees to comply with and to be bound by any and all rules, regulations, policies, terms, amendment and any other document published on the Site. It shall be the User’s responsibility to keep up to date with the latest version of the Agreement and all rules, regulations, policies, terms and their amendments. User acknowledges that any or part of the Services may be provided by affiliates of Blkcommodities.com or specialised third-parties, whom you agree may invoice you for their part of the Services.
2.2 You agree that you shall also comply with all the relevant rules and policies published on the Site and which are incorporated into this Agreement by reference (“General Terms”). The General Terms include without limitation:
2.3 This Agreement, all policies, rules, Terms of Use and other documents published on the Site form a legally binding agreement between you and BLK Global. By accessing the Site and/or using the Services, you agree to accept and be bound by this Agreement. Please do not use the Site if you do not accept all of the terms of this Agreement. By browsing the Site and using any of its functionalities, you shall be deemed to have agreed to all terms contained herewith.
2.4 You acknowledge and agree that Blkcommodities.com may amend any terms of this Agreement and the Terms of Use at any time by publishing the relevant amended version on the Site. The amended terms shall be effective immediately upon publishing. By continuing to use the Site, you agree that the amended terms will apply to you. This Agreement may not otherwise be amended except in writing by an authorised officer of BLK Global.
2.5 In the event that Blkcommodities.com provided a translation of the English version of any terms of this Agreement, the Terms of Use and all other rules policies and/or documents published on the Site, you agree that the translation is provided for convenience only and that the English language version shall govern your use of the Services.
2.6 Some of the Services may be supported by our affiliates or third-parties. You acknowledge and agree that BLK Global may disclose some of your personal data to these parties, in accordance with the Privacy Policy.
2.7 In some cases, you may be required to additionally enter into a separate agreement with Blkcommodities.com or our affiliates in connection with the Services (“Additional Terms”). If there is any contradiction between the provisions of this Agreement and the provisions of the Additional Terms, the Additional Terms shall take precedence.
3.1 Blkcommodities.com’s Services are meant to facilitate Users to place, accept, conclude, manage and fulfil orders for the provision of products and services within the Site. Blkcommodities.com reserves the right to change, upgrade, modify, limit or suspend the Services or any of the Site functionalities at any time, temporarily or permanently, without prior notice. Blkcommodities.com further reserves the right to introduce new features, functionalities or applications to the Services. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise expressly stated by Blkcommodities.com.
3.2 Blkcommodities.com’s Services are only available to registered Users. Blkcommodities.com shall have the full discretion and authority to refund to Buyer and/or release to Seller and/or Shipper all or part of the funds under the Transactions as Blkcommodities.com considers appropriate.
3.3 Blkcommodities.com’s Services are applicable to all types of Transactions, online and offline. Blkcommodities.com may limit any or all of the Services to a specified group of Members in accordance with this Agreement. Online Transactions and other features and functions of the Services available to a registered Member may vary for different countries and jurisdictions. No warranty or representation is given that the same type and extent of Services, features and functions shall be available to all Members.
3.4 All products and/or services of a Transaction using the Services must be lawful items and must not be otherwise prohibited or restricted under the Global Trade Laws. You shall not use the Services in connection with any Transaction that: a) may infringe Blkcommodities.com’s or any third party’s legitimate rights including but not limited to copyright, trademark right, patent or other intellectual property rights. b) may be in breach of the Product Listing Policy or the Intellectual Property Right (IPR) Protection Policy; c) may be in breach of other terms of this Agreement and the Terms of Use. Blkcommodities.com shall have the right to refuse or cancel any Online Transaction in breach of clause 3.4.
3.5 In addition to Clause 3.4, Blkcommodities.com reserves the right, at our sole discretion, to refuse or cancel any Transaction. Some situations that may result in an Online Transaction being rejected or cancelled include the identification and prevention frauds, where Blkcommodities.com has reasons to believe the Online Transaction is unauthorised, violates any law, rule or regulations or may otherwise subject Blkcommodities.com or any of our affiliates to liability. Blkcommodities.com may also require additional verifications or information for any Online Transaction.
3.6 For any type of Online Transactions, Blkcommodities.com may impose additional restrictions, limitations and/or penalties for any violations of the terms of this Agreement.
3.7 Disputes between Buyers, Sellers, Shippers. You agree that any Dispute arising between you and another party in relation to a Transaction will be handled in accordance with clause 12, and that Blkcommodities.com shall have the full right and power to make a determination for such Dispute. Upon notification of a Dispute, Blkcommodities.com shall have the right to request all parties involved to provide documentation and/or evidence. You agree that Blkcommodities.com shall have the absolute discretion to reject or receive any supporting document. You also acknowledge that Blkcommodities.com is not a judicial or arbitration institution and will make the determinations only as a non-professional body. BLK Global does not warrant that the supporting documents that the parties to the Dispute submit will be true, complete or accurate. You undertake not to hold Blkcommodities.com and our affiliates liable for any material which is untrue, inaccurate or misleading.
3.8 You acknowledge and agree that Blkcommodities.com shall have the full power, authority and discretion to reject or cancel an Online Transaction, to make a determination on any Dispute between Buyers, Sellers and Shippers, including the remittance of the funds under an Online Transaction in accordance with this Agreement. You acknowledge that this Agreement may not cover all the issues that could arise in connection with an Online Transaction and therefore agree that Blkcommodities.com shall have the right to modify or supplement the Agreement. Furthermore, you agree that Blkcommodities.com shall have the right to make determinations wherever we deem appropriate, based upon any evidence received by us, common principles and best practices in the relevant industries and interests of all parties involved.
3.9 In case of any Dispute in connection with any Online Transaction, the records of Blkcommodities.com shall take precedence and be regarded as conclusive.
3.10 You agree that
4.1 Seller and Buyer and Shipper and Buyer shall enter into a Transaction for products or services by completing, submitting and accepting an order online using the standard order form on Blkcommodities.com. Buyers, Sellers and Shippers shall be solely responsible for ensuring that they have agreed to, and specified, all the relevant terms and conditions for the products or services in the relevant online order form, including but not limited to pricing, quantity, specifications, quality standards, inspection, shipping information, etc. Blkcommodities.com may refuse to process or cancel any Online Transaction which, in our opinion, contains insufficient information to constitute a binding Contract between buyers sellers and/or shippers.
4.2 An Online Transaction is additionally subject to the applicable terms and conditions set forth in this Agreement. Seller, Buyer and Shipper shall complete the Transaction according to the terms set out in the relevant Contract and in this Agreement.
4.3 Each Transaction is made by and between a Buyer and a Seller or a Buyer and a Shipper only. Despite the fact that Blkcommodities.com provides the Services and, if applicable, may conduct formality review of a Transaction, Blkcommodities.com shall not be considered as a party to the Transaction. Blkcommodities.com does not represent Buyer, Seller or Shipper in any Transaction. Blkcommodities.com will not be responsible for the quality, safety, lawfulness or availability of the products or services offered under any Transaction or the ability of either Seller, Shipper or Buyer to complete any Transaction. You agree that you will not hold Blkcommodities.com and our affiliates and/or agents liable for any losses, damages, claims, liabilities, costs or expenses arising out of or in connection with any Transaction, including any breach, partial performance or non-performance of the Transaction by the other party to the transaction.
4.4 Buyer agrees to pay the full transaction price listed for the Transaction to the Seller and/or Shipper. When using Blkcommodities.com to submit payment for an Online Transaction, payments are processed through one our affiliates and/or third-party transaction service providers. Sellers and Shippers agree that the Buyer’s full payment of the transaction price listed for the Online Transaction through Blkcommodities.com or its affiliates or third-party transaction service providers constitutes final payment (in case of full advance payment required by Shipper and/or Seller) and Buyer’s payment obligations for the Online Transaction are fully satisfied upon receipt of the funds.
In the event that Buyer does not utilise Blkcommodities.com Online Transaction facilities and, if Sellers and Shippers allow payments in instalments or other credit facilities, upon completion of an order through Blkcommodities.com and generation of relevant Purchase Order (“PO”) that constitutes the Contract between Buyer and Seller or between Buyer and Shipper, you agree that the transaction is regarded as concluded and therefore authorise BLK Global to invoice you for our Services in accordance with this Agreement or any other applicable agreement. Copies of the relevant Purchase Order shall be emailed and/or made available to all the interested parties involved in the Transaction.
4.5 You further agree that it is your sole responsibility to collect any and all payments in relation to the PO generated upon order confirmation and hereby agree not to hold BLK Global, its affiliates, directors, employees, agents and authorised officers liable for any loss or damage arising out of or in connection with the relevant Purchase Order. This clause, together with all other clauses related to limitation of liability, shall survive the termination of this agreement and remain in force indefinitely.
4.6 By using Blkcommodities.com, you acknowledge and agree that Blkcommodities.com is not a bank and that our services should in no way be construed as the provision of banking services. Blkcommodities.com is not acting as a trustee, fiduciary or escrow with respect to User’s funds and it does not have control of, nor liability for, the products or services that are paid for through the use of the Site, either as Online Transactions or Offline Transactions.
4.6 By using Blkcommodities.com, you acknowledge and agree that Blkcommodities.com is not a bank and that our services should in no way be construed as the provision of banking services. Blkcommodities.com is not acting as a trustee, fiduciary or escrow with respect to User’s funds and it does not have control of, nor liability for, the products or services that are paid for through the use of the Site, either as Online Transactions or Offline Transactions.
4.7 BLK Global does not guarantee the identity of any User or ensure that a Buyer or a Seller or Shipper will complete a Transaction, online or offline. You further agree that neither Buyer neither Seller nor Shipper will receive interest or other profits in relation to the Blkcommodities.com Services.
4.8 By using Blkcommodities.com Secure Pay service, Seller is deemed to have requested and agreed that the settlement of funds to Seller be delayed as provided in the Blkcommodities.com Secure Pay Agreement. By using the Blkcommodities.com Secure Pay service, you acknowledge and agree that Blkcommodities.com is not a bank and the Blkcommodities.com Secure Pay service should in no way be construed as the provision of banking services. Blkcommodities.com is not acting as a trustee, fiduciary or escrow with respect to User’s funds and it does not have control of, nor liability for, the products or services that are paid for with the Blkcommodities.com Secure Pay service.
4.9 Payment methods available on the Site may be provided by Blkcommodities.com’s partners, affiliates or third-party transaction service providers. In the event that there is any chargeback or reversal of any payment requested by a third-party payment service provider, User agrees that Blkcommodities.com has the right to refund the money so requested by the third-party payment service provider without liability to the User. Blkcommodities.com will use reasonable efforts to assist you in any dispute resolution process with the relevant third-party payment service provider. However, in the event that Blkcommodities.com’s participation in the dispute resolution process is subject to additional fees (for example when a considerable amount of manhours are required), these will be charged directly to the party requesting the service. We will seek prior confirmation from you and advise in advance on the amount of fees before proceeding.
4.10 You may engage one or more third-party Sub-contractors for the purpose of completing and fulfilling a Transaction, such as warehousing and logistic service companies, shipping agents, inspection agents, insurance companies, freight and cargo brokers, etc. Some of such third-party Sub-contractors may be partners of Blkcommodities.com and thus designated by Blkcommodities.com to you. Among such designated partners, you may be required to agree and accept the terms and conditions of their services online within the Site. Notwithstanding the foregoing circumstances, for all third-party Sub-contractors, you acknowledge and agree that such third-party Sub-contractors are engaged at your own discretion and cost and that you will not hold Blkcommodities.com and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising out of or in connection with the services of such third-party Sub-contractors. You further acknowledge that BLK Global may receive fees and/or commissions from the third-party Sub-contractors and that these may be borne indirectly by you whenever any of the third-party Sub-contractors invoices you for their services.
4.11 If you are required to conclude and complete a Transaction through an agent e.g. a Seller may be required to engage a qualified import and export agent as its export agent, such agent is merely an agent of you. If any obligations are required to be performed by the agent, you shall remain solely liable to the other party of the Transaction for the non-performance or default by your agent.
5.1 Blkcommodities.com charges fees for the Services provided according to the fee structure detailed in Schedule 1. Blkcommodities.com may change, add, supplement or amend any service fees at its sole discretion. Any update or modification of the fees shall be valid immediately upon publication on the Site.
5.2 You hereby acknowledge and agree that Blkcommodities.com has no control over, and is not responsible or liable for, the products or services that are acquired and/or paid for through our Site. BLK Global cannot ensure that a Buyer or a Seller or a Shipper you are dealing with will fulfil their obligations and you hereby agree not to hold BLK Global liable, in contract or in tort, for any and all losses arising out of or in connection with the use of the Site for any purpose.
5.3 The service fees charged by Blkcommodities.com do not include any fees for any other service or product that you may acquire or purchase or benefit from in connection with any Transaction. It shall be your responsibility to settle the fees with such third-party Sub-contractors and you hereby agree that third-party Sub-contractors and/or transaction service providers may invoice you for the services provided by them or deduct their fees directly from the payment upon execution of Online Transactions through the Site. By the way of an example, Blkcommodities.com uses a third-party transaction service provider to process your card payment for the procurement of a certain product or services on the Site. If you are a Seller or a Shipper, the third-party transaction service provider will process the payment and may deduct a fee that will be collected directly when the payment is processed. Please check with the third-party service provider in question to confirm the amount and the type of fees collected. Relevant transaction service provider is visible during the check-out process to the Buyers and is made known to Sellers and Shippers upon registration on the Site.
5.4 All fees charged by Blkcommodities.com are exclusive of any taxes, duties or other governmental levies or any financial charges. You agree to pay and be responsible for any taxes, duties, levies or charges for the use of the Services in addition to our fees. In the event Blkcommodities.com is required by any applicable law to collect or withhold any taxes or duties, you agree to pay such taxes or duties to Blkcommodities.com. You will also be liable for any financial charges for remission of funds to you, and Blkcommodities.com shall have the right to pay such charges from such funds. Blkcommodities.com shall have the right to deduct any financial charges incurred as a result of providing the services and the party receiving the funds will bear the costs of any bank charges.
5.5 You agree that BLK Global will invoice you on a monthly basis for the provision of the Services connected to the use of the Site, including but not limited to the listing, displaying of any product and services, facilitation of Transactions and any other service that we may, from time to time, make available to you.
5.6 You agree to pay BLK Global all due fees promptly, within the prescribed BLK Credit Terms stated in Clause 5.7 and you further agree that time shall be the essence of the Agreement. The amount of fees chargeable by Blkcommodities.com shall be based on the total volume of business conducted by you through the Site during each calendar month, as specified in the list of fees contained in Schedule 1. You agree that BLK Global’s records shall be used to determine the amount of business you conducted through the site. If there is any discrepancy between your records and Blkcommodities.com’s records, Blkcommodities.com’s records shall prevail.
5.7 You shall pay all fees due to BLK Global within thirty (30) calendar days (“BLK Credit Terms”) from the date stated on the relevant invoice. If you fail to settle the due fees within the BLK Credit Terms, you agree that BLK Global will charge interest at a monthly rate of 5% above Barclay’s base rate, plus administration fees calculated on the basis of USD 100 per manhour required by the debt collection team.
6.1 You agree to give all notices, provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for the completion of the Transactions and Blkcommodities.com’s provision of the Services. If your failure to do so results in delay in the provision of any Service, cancellation of any Transaction, or disposal of any funds, Blkcommodities.com shall not be liable for any loss or damages arising out of or in connection with such default.
6.2 You represent and warrant that:
6.3 If, in our opinion, you are in breach of any of the Agreement terms, not acting in good faith, abusing the Services, or otherwise in breach of this Agreement, Blkcommodities.com shall have the right to cancel the relevant Transaction(s). Blkcommodities.com also reserves the right to impose any penalty, or to temporarily or permanently suspend or terminate your use of the Services, temporarily or permanently suspend or terminate or procure the suspension or termination of your paid or free membership on the Site. Blkcommodities.com also reserves the right to temporarily suspend the transaction functionalities of your account with Blkcommodities.com for a prescribed period determined by Blkcommodities.com, or permanently terminate the use of your Blkcommodities.com account.
6.4 You shall be solely responsible for payment of any taxes, duties or other governmental levies or any charges or fees that may be imposed on any products or services purchased or supplied under or in connection with the Transactions.
6.5 You agree not to take any action which may undermine the integrity of Blkcommodities.com’s feedback system, including, without limitation, providing positive feedback for yourself or affiliate accounts on the Site, using secondary Member IDs or through third-parties or by providing unsubstantiated negative feedback on another member on the Site. Furthermore, you agree not to use any offensive, discriminatory or otherwise sensitive information as part of any review you may wish to leave on another member’s account in relation to a specific product or service. You agree that, in order to be eligible to leave a review, you must have purchased the item in question. Blkcommodities.com filters all reviews based on content and we reserve the right, at our sole discretion, to deny or unpublish any review that, in our opinion, is in breach of Clause 6.5.
6.6 You agree to indemnify Blkcommodities.com, our affiliates, employees, directors, officers, agents and representatives and to hold them harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise out of or in connection with your use of the Services or from your breach of this Agreement. Blkcommodities.com reserves the right, at our own sole discretion, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Blkcommodities.com in asserting any available defences.
6.7 You acknowledge and agree that Blkcommodities.com may, through your use of the Services, collect information about you and your Transactions, including but not limited to your credit information, business information, personal information (such as name and billing address), and financial information (the “Collected Information”). You agree that Blkcommodities.com has the right to use the Collected Information for the purposes of carrying out the Services and in accordance with Blkcommodities.com’s Privacy Policy. All of your information shall be securely encrypted and protected via a number of different means, as specified in the Privacy Policy and in accordance with the EU GDPR 2018 regulations. You agree that Blkcommodities.com may use the Collected Information for use in the operation, marketing and promotion of the Site as other Site’s products and services. If you have provided Blkcommodities.com a supplier registration form in relation to an offer made offline you agree and acknowledge that Blkcommodities.com may, at its discretion, set up a dedicated user account with the relative display of products for sale.
6.8 Users undertake to carry out business through the Site as their main purchasing platform and not to use the Site merely for the purpose of acquiring each-other’s details to then carry out business independently outside the Site. Should users be found in breach of this clause 6.8, BLK Global shall have the right to invoice each party a fee equal to 5% of their gross annual turnover. Any fees under clause 6.8 shall be due and payable immediately.
7.1 A party (the “Receiving Party”) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes, reports or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (the “Disclosing Party”), its employees, agents or sub-contractors, and any other confidential information concerning the Disclosing Party's business, its products and services which the Receiving Party may obtain. The Receiving Party shall only disclose such confidential information to those of its employees, agents and sub-contractors who need to know it for the purpose of discharging the Receiving Party's obligations under the Purchase Order or relevant Contract, and shall ensure that such employees, agents and Sub-contractors comply with the obligations set out in this Clause as though they were a party to the Purchase Order or Contract. The Receiving Party may also disclose such of the Disclosing Party's confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This Clause 7.1 shall survive termination of the Purchase Order, Contract and of the Agreement.
7.2 Confidential Information means any and all information, whether written, oral or in other form howsoever and whensoever obtained relating in any way to this Agreement, or to the business of affairs of Blkcommodities.com and its Members, including any information created, assembled or produced howsoever by the User in connection with this Agreement. Confidential Information also means any and all communications, data, information and/or material provided by or obtained through Blkcommodities.com and/or the Site.
7.3 User agrees to use the Confidential Information provided by or through Blkcommodities.com only for the purposes of this Agreement. Nothing herein shall be construed as granting or conferring upon the User, expressly impliedly or otherwise, any licenses or other rights under any of the Disclosing Party’s patents, trademarks, trade secrets, property, Confidential Information or other forms of intellectual property rights.
7.4 It is expressly agreed that the identities of any individual or entity and any third-parties (including without limitation suppliers, customers, financial sources, manufacturers and consultants) disclosed by the User and any related business opportunity shall constitute Confidential Information and the Reciving Party shall not at any time (without prior written consent of Blkcommodities.com):
8.1 To the maximum extent permitted by law, the services provided by Blkcommodities.com on or through the Site are provided “as is”, “as available” and “with all faults”. Blkcommodities.com hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of quality, condition, durability, accuracy, performance, reliability, merchantability or fitness for a particular purpose.
8.2 To the maximum extent permitted by law, Blkcommodities.com makes no representation or warranties on the validity, accuracy, correctness, quality, reliability, stability, completeness or correctness of any information provided on or through the Site; Blkcommodities.com does not represent or warrant that the manufacture, importation, exportation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the site does not violate any third-party rights; and Blkcommodities.com makes no representations or warranties of any kind concerning any product or service offered or displayed on the Site.
8.3 Any material downloaded or otherwise obtained through the Site is done at your sole risk and you are solely responsible for any damage to Blkcommodities.com’s computer systems or loss of data that may result from your download of any material. No advice or information, whether oral or written, obtained by any User from Blkcommodities.com or through or from the Site shall create any warranty not expressly stated herein.
8.4 The Site may make available to User services or products provided by independent third-parties. No warranty or representation is made with regard to such services or products. In no event shall Blkcommodities.com and our affiliates be held liable for any loss or damage arising out of or in connection with such services or products.
8.5 User hereby agrees to indemnify and save Blkcommodities.com, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from the User's use of the Site or Services (including but not limited to the display of User's information on the Site) or from your breach of any of the terms and conditions of the Agreement. Each User hereby agrees to indemnify, save Blkcommodities.com, our affiliates, directors, officers and employees harmless and keep us indemnified from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) which may arise from User's breach of any representations and warranties made by User to Blkcommodities.com, including but not limited to those set forth in Section 6.
8.6 User agrees to indemnify, save Blkcommodities.com, our affiliates, directors, officers, employees and agents harmless, and keep us indemnified from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third-parties relating to products offered or displayed on the Site. Each User hereby agrees that Blkcommodities.com is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Blkcommodities.com reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Blkcommodities.com in asserting any available defences.
8.7 Blkcommodities.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
8.8 Notwithstanding any of the foregoing provisions, the aggregate liability of Blkcommodities.com, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the minimum of a) any amounts due under Blkcommodities.com payment assurance up to the price the item sold on Blkcommodities.com; b) the amount of fees in dispute not to exceed the total fees which you paid to us in the twelve (12) months prior to the action giving rise to the liability; c) USD 100; in respect of any and all Claims arising under or in connection with the Site, of whatsoever nature and howsoever arising.
8.9 All claims arising out of or in connection with the use of the Site or Services must be filed within seven (7) calendar days from the date of the action from which the claim arose (“Limitation Period”). The Limitation Period shall begin on the day of the action from which the claim arose and shall expire on the seventh (7th) calendar day afterwards. Claims are to be made in writing and submitted by post to the attention of the BLK Global Ltd. Legal Department, 42 Laighpark View, PA3 2PE, Paisley, Renfrewshire, United Kingdom. Claims cannot be brought after the expiry of the Limitation Period. The provisions of the UK Limitation Act 1980 are hereby expressly excluded.
8.10 The limitations and exclusions of liability to you under the Agreement shall apply to the maximum extent permitted by law and shall apply whether or not Blkcommodities.com has been advised of or should have been aware of the possibility of any such losses arising.
8.11 Nothing in this Agreement shall limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
8.12 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Agreement.
8.13 Section 8 and all clauses contained therein shall survive termination of the Agreement and remain in full force indefinitely.
9.1 Under no circumstances shall Blkcommodities.com shall be held liable for any delay or failure or disruption of the content or Services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, embargo, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third-parties.
10.1 BLK Global is the sole owner or lawful licensee of all the rights and interests in the Site and the Site content. The Site and Site content embody trade secrets and other intellectual property rights protected under worldwide copyright laws. All title, ownership and intellectual property rights in the Site and Site content shall remain with Blkcommodities.com, our affiliates or licensors of the Site content, as the case may be. All rights not otherwise claimed under the Terms or by Blkcommodities.com are hereby reserved.
10.2 "BLKCOMMODITIES", "BLKCOMMODITIES.COM",”BLKCOMMODITIES.CO.UK”, “BLK GLOBAL” and related icons and logos are registered trademarks or trademarks or service marks of BLK Global and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorised copying, modification, use or publication of these marks is strictly prohibited.
10.3 Blkcommodities.com may have independent third-parties involved in the provision of the Services (e.g. third-party payment service providers). You may not use any trademark, service mark or logo of any such providers.
11.1 All legal notices or demands to or upon Blkcommodities.com shall be made in writing in the English or Italian language and sent to Blkcommodities.com by courier or certified mail to the following entity and address: BLK Global Ltd. Legal Department, 42 Laighpark View, PA3 2PE Paisley, Renfrewshire, United Kingdom (email: legal@blk-global.com). The notices shall be effective when they are received by Blkcommodities.com in any of the above-mentioned manner.
11.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Blkcommodities.com, or by posting such notice or demand on an area of the Site that is publicly accessible free of charge. Notice to a User shall be deemed to be received by such User if and when:
11.3 You agree that all agreements, notices, demands, disclosures and other communications that Blkcommodities.com sends to you electronically are regarded as confidential
12.1 If any dispute or claim arises out of or in connection with a Transaction between a Buyer and a Seller or a Shipper, the parties in question undertake to resolve the dispute through amicable negotiations.
12.2 Should the parties specified in 12.1 not come to an agreement through amicable negotiations within a period of thirty (30) days since the dispute arose, they may request Blkcommodities.com to act as an intermediary, as per Clause 3.7
12.3 In the event that a dispute between the parties specified in 12.1 is not resolved through amicable negotiation with the mediation of Blkcommodities.com within a period of ninety (90) days, and if you are dissatisfied with Blkcommodities.com determination, you shall refer the case to the London Court of International Arbitration (LCIA), and you agree that the LCIA’s decision shall be final and binding upon all parties specified in 12.1.
12.4 If any of the parties specified in 12.1 fails to apply for mediation (as per 12.2) or arbitration (as per 12.3) within the prescribed period, the dispute shall be deemed as resolved.
12.5 In the event that Blkcommodities.com holds any funds during the time of the claim as per the Blkcommodities.com Secure Pay service, Blkcommodities.com shall assign or dispose of the funds, in accordance with the outcome of the claim. All parties in question and as specified in 12.1 shall be deemed to have waived any claim against Blkcommodities.com, our affiliates, agents, employees and directors.
12.6 If you initiate any legal proceedings against Blkcommodities.com or our affiliates, including any legal proceedings disputing Blkcommodities.com’s determination as per clause 12, you shall hold Blkcommodities.com and our affiliates, agents, employees, directors, officers harmless and indemnified against any claim, losses, damages (including legal costs on a full indemnity basis and any amounts paid by us to a third-party in settlement of a claim or dispute on the advice of our legal advisers) that may be suffered by us.
12.7 Notwithstanding the foregoing provisions, any party specified in 12.1 may seek injunctive or other equitable relief against the other in any court of competent jurisdiction prior to or during the arbitration.
13.1 This Agreement shall remain in full force and effect while you use the Services and for a period of twelve (12) months from the date of your last access to the Site (“The Term”).
13.2 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.
13.3 Blkcommodities.com may terminate this Agreement, suspend your access to the Services or part of the Services and/or terminate your membership for any reason and without prior notice, which may result in the destruction of all information and records associated to your membership. Blkcommodities.com may also terminate or suspend any and all Services immediately, without prior notice and without any liability whatsoever to you if you are believed, in our reasonable opinion, to be in breach of any of the terms of this Agreement.
13.4 Upon termination, all of your outstanding unpaid invoices and/or fees and interests shall become payable immediately and, in respect of all Services supplied but for which no invoice has been submitted to you, BLK Global shall submit an invoice which shall be payable by you immediately.
13.5 The accrued rights, remedies, obligations and liabilities of the parties as at termination shall not be affected, including but not limited to BLK Global’s right to claim damages in respect of any breach of the Agreement
13.6 Upon termination of your account, your right to use the Services shall immediately cease. All those terms which expressly or by implication have effect after termination, including without limitation, warranties, disclaimers and limitations of liability, shall remain in full force and effect indefinitely.
15.1 Subject to any Additional Agreements, the Agreement, together with the Terms of Use, Product Listing Policy, Privacy Policy, Intellectual Property Right (IPR) Protection Policy, all other policies, rules, and other documents published on the Site constitute the entire agreement between you and Blkcommodities.com with respect to your use of the Site and Services. They supersede any previous agreement, understanding, discussion or exchange between the parties (or their representatives) relating to the use of the Site and the Services which now forms the subject matter of the Agreement.
15.2 Nothing in the Contract is intended to, or shall be deemed to, establish any partnership, joint venture, employee-employer relationship or franchiser-franchisee relationship between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
15.3
15.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
15.5 A waiver of any right under the Agreement or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
15.6 Blkcommodities.com shall have the right to assign the Agreement (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms) to any person or entity (including any affiliates of Blkcommodities.com).
15.7 Throughout the duration of this Agreement and for a period of twelve (12) months thereafter, you shall not solicit or endeavour to solicit Blkcommodities.com or any of their employees, unless express permission has been given.
15.8 Throughout the duration of this Agreement and for a period of five (5) years from its termination, you shall not, either personally or by an agent, whether on your own or in association with another person/organisation, engage in business with or be in any way interested in any person, firm, company or organisation that conducts any business of BLK Global by providing the Services for the provision of the sale and purchase of commodities, industrial supplies and any other product/service listed on the Site (“Restricted Business”), worldwide (the “Restricted Area”).
15.9 Except as set out in this Agreement, no variation of the Agreement, including the introduction of any additional terms and conditions, shall be effective unless it is posted by Blkcommodities.com on the Site, where it is publicly accessible free of charge.
14.10 These Terms shall be governed by and construed in accordance with the laws of England.
Seller Fees:
Seller agrees to pay the fees for the aggregated volume of business conducted through the Site during each calendar month as per Table 1
| Table 1 | ||
|---|---|---|
| Band Designation | Monthly volume of sales (USD) | Applicable fee % |
| A | 0 – 9,999 | 2.99 |
| B | 10,000 – 49,999 | 2.75 |
| C | 50,000 – 99,999 | 2.50 |
| D | 100,000 – 249,999 | 2.25 |
| E | 250,000 – 499,999 | 1.99 |
| F | 500,000 – 999,999 | 1.75 |
| G | 1,000,000 – 1,999,999 | 1.50 |
| H | 2,000,000 + | 1.19 |
Product Listing: free of charge for all Sellers, for all products
Product Editing: free of charge for all sellers, for all products
| Table 2 | |||||
|---|---|---|---|---|---|
| Type | Standard | Bronze | Silver | Gold | Platinum |
| Maximum number of products allowed | Unlimited | Unlimited | Unlimited | Unlimited | Unlimited |
| Subscription Annual Fee (USD) | Free | 49.99 | 99.99 | 199.99 | 499.99 |
Shipper Fees:
Shipper agrees to pay the fees for the aggregated volume of business conducted through the Site during each calendar month as per Table 3
| Table 3 | ||
|---|---|---|
| Band Designation | Monthly volume of sales (USD) | Applicable fee % |
| A | 0 – 9,999 | 2.99 |
| B | 10,000 – 49,999 | 2.75 |
| C | 50,000 – 99,999 | 2.50 |
| D | 100,000 – 249,999 | 2.25 |
| E | 250,000 – 499,999 | 1.99 |
| F | 500,000 – 999,999 | 1.75 |
| G | 1,000,000 – 1,999,999 | 1.50 |
| H | 2,000,000 + | 1.19 |
General Services: The provision of all the Site functionalities, capabilities, applications and other facilities including but not limited to the functionality to register; display products and/or services; request and receive quotations; track sales; modify/delete products for sale; make and receive payments; generate, send, receive invoices and/or Purchase Orders; upload images, media, files, datasheets, specifications, business information and other content; search, filter view products/services listed and any other Site content; any other service, functionality, application or capability that we may, from time to time, make available on the Site.
Services specific to subscriptions types
Unregistered User: Free access to view all Site free content and use part of the General Services, including but not limited to the functionality to register, search, view, filter products/services listed by Sellers; make payments online or offline by accessing relevant Seller or Shipper information; provide billing, shipping and other information necessary to the performance of the Contract with a Seller or a Shipper.
Buyer: Free access to view all site free content and use the Site General Services, including but not limited to the functionality to register, modify and/or update account information; search, view, filter products/services listed by Sellers; request, receive, accept or reject quotations for products/services by Sellers, Shippers or other Members; make payments online or offline by accessing relevant Seller or Shipper information; provide billing, shipping and other information necessary to the performance of the Contract with a Seller or a Shipper; view and export order history; review products and Sellers; all the functionalities which we may, from time to time, make available through the Site. All those other functionalities that we may, from time to time, make available through the Site which are intended implicitly for Sellers or Shippers are excluded.
Seller: Free access to view all site free content and, upon full and prompt payment of the Fees listed in Schedule 1, in accordance with the BLK Credit Terms set out in Clause 5.7, use of the Site General Services, including but not limited to the functionality to register, modify and/or update account information; search, view, filter products/services listed by Sellers; receive request for quotations for products/services and prepare responses to the same; receive payments online or offline by providing relevant banking and other business information; provide billing, shipping and other information necessary to the performance of the Contract with a Buyer or a Shipper; listing, delisting, modification of products/services; view and export order history; review Buyers; and all other functionalities that we may, from time to time, make available through the Site which are intended implicitly for Sellers.
Shipper: Free access to view all site free content and, upon full and prompt payment of the Fees listed in Schedule 1, in accordance with the BLK Credit Terms set out in Clause 5.7, use of the Site General Services, including but not limited to the functionality to register, modify and/or update account information; search, view, filter products/services listed by Sellers; receive request for quotations for products/services and prepare responses to the same; receive payments online or offline by providing relevant banking and other business information; provide billing, shipping and other information necessary to the performance of the Contract with a Buyer or a Seller; view and export order history; and all other functionalities that we may, from time to time, make available through the Site which are intended implicitly for Shippers.
Seller: Free access to view all site free content and, upon full and prompt payment of the Fees listed in Schedule 1, including the Bronze Subscription Fee detailed in Table 3, in accordance with the BLK Credit Terms set out in Clause 5.7, use of the Site General Services, including but not limited to the functionality to register, modify and/or update account information; search, view, filter products/services listed by Sellers; receive request for quotations for products/services and prepare responses to the same; receive payments online or offline by providing relevant banking and other business information; provide billing, shipping and other information necessary to the performance of the Contract with a Buyer or a Shipper; listing, delisting, modification of products/services; view and export order history; review Buyers; 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); and all other functionalities that we may, from time to time, make available through the Site which are intended implicitly for Sellers.
Seller: Free access to view all site free content and, upon full and prompt payment of the Fees listed in Schedule 1, including the Silver Subscription Fee detailed in Table 3, in accordance with the BLK Credit Terms set out in Clause 5.7, use of the Site General Services, including but not limited to the functionality to register, modify and/or update account information; search, view, filter products/services listed by Sellers; receive request for quotations for products/services and prepare responses to the same; receive payments online or offline by providing relevant banking and other business information; provide billing, shipping and other information necessary to the performance of the Contract with a Buyer or a Shipper; listing, delisting, modification of products/services; view and export order history; review Buyers; 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); and all other functionalities that we may, from time to time, make available through the Site which are intended implicitly for Sellers.
Seller: Free access to view all site free content and, upon full and prompt payment of the Fees listed in Schedule 1, including the Silver Subscription Fee detailed in Table 3, in accordance with the BLK Credit Terms set out in Clause 5.7, use of the Site General Services, including but not limited to the functionality to register, modify and/or update account information; search, view, filter products/services listed by Sellers; receive request for quotations for products/services and prepare responses to the same; receive payments online or offline by providing relevant banking and other business information; provide billing, shipping and other information necessary to the performance of the Contract with a Buyer or a Shipper; listing, delisting, modification of products/services; view and export order history; review Buyers; 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); and all other functionalities that we may, from time to time, make available through the Site which are intended implicitly for Sellers.
Seller: Free access to view all site free content and, upon full and prompt payment of the Fees listed in Schedule 1, including the Silver Subscription Fee detailed in Table 3, in accordance with the BLK Credit Terms set out in Clause 5.7, use of the Site General Services, including but not limited to the functionality to register, modify and/or update account information; search, view, filter products/services listed by Sellers; receive request for quotations for products/services and prepare responses to the same; receive payments online or offline by providing relevant banking and other business information; provide billing, shipping and other information necessary to the performance of the Contract with a Buyer or a Shipper; listing, delisting, modification of products/services; view and export order history; review Buyers; 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); and all other functionalities that we may, from time to time, make available through the Site which are intended implicitly for Sellers.
(March 2019)
Blkcommodities.com ("Site", “us”, “our”) is an e-commerce platform mainly used by business entities to facilitate trade for business purposes only. At Blkcommodities.com we keep the privacy of individuals in the highest regards and we protect it via a number of different means. Any information you provide us is treated as confidential and maintained and used in accordance with the EU GDPR 2018 regulation.
Any and all data collected through the Site at all times is encrypted and transmitted to us via secure double-encryption VPN.
This Privacy Policy applies to all products and services provided by us and details how we may collect, use and disclose information in relation to users of the Sites.
All and any policy not defined in this document shall have the meanings ascribed to them in the Terms of Use.
1 .Collection of Information
1.1Your privacy is important to us and we have taken steps to ensure that we do not collect more information from you than is necessary for us to provide you with our services and to protect your account.
1.2In connection with any transaction and payment services provided on the Site, we may collect information including but not limited to, bank account details, billing and delivery information, credit/debit card numbers, expiration dates and tracking information from cheques or money orders ("Account Information"). This data is necessary to allow the sale and purchase of the products and/or services transacted on or procured through the Site and enable us to fulfil our contractual obligations to you.
1.3We may record and retain details of users’ activities on the Site. Information relating to such transactions including, but not limited to, the types and specifications of the goods, pricing and delivery information, any trade dispute records and any information disclosed in any discussion forum provided by us and/or other affiliated companies (“Activities Information”) may be collected transactions are executed on through the Site.
1.4From time to time, we may collect information about our users and prospective users during industry events, seminars, workshops and other events. The information we may collect at these locations may include, but is not limited to, name, address, phone number, fax number and email address ("Event Information").
1.5In order to provide you with a better service and optimise the Site’s functions so as to show always content that is relevant to you, we may record and retain records of users' buying and browsing activities on the Site, including but not limited to IP addresses, browsing patterns and buyer behavioural patterns. We may also gather statistical information about the Site and visitors to the Sites including, but not limited to, IP addresses, browser software, operating system, software and hardware attributes, pages viewed, number of sessions and unique visitors (together "Browsing Information").
1.6Registration Information, Account Information, Activities Information, Event Information and Browsing Information generally relate to business entities and are together referred to as business data (“Business Data”). Given that the Business Data may contain personally identifiable information of living individuals, such information is together referred to as personal data (“Personal Data”).
1.7In order to use certain services within the Site users may need to provide Business Data and Personal Data (for example during the registration phase).
2 .How we use your Personal Data
2.1If you provide any Personal Data to us, you are deemed to have authorised us to collect, retain and use that Personal Data for the following purposes:
a) verifying your identity;
b)verifying your eligibility to register as a user of the Sites;
c) processing your registration as a user, providing you with a log-in ID for the Site and maintaining and managing your registration;
d)performing the contract we are to enter into or have entered into with you;
e)complying with a legal obligation;
f)providing you with customer service and responding to your queries, feedback, claims or disputes;
g)to facilitate communication between buyers and sellers on the Sites and processing your transactions on the Site;
h) performing research or statistical analysis in order to improve the content and layout of the Sites, to improve our product offerings and services and for marketing and promotional purposes;
2.2We may not, without having first obtained your consent; use your name, phone number, residential address, email address, fax number and other data ("Marketing Data") to provide notices, surveys, alerts, communications and/or marketing material to you relating to goods and services offered by us on the Site including but not limited to products and services offered by us and/or our affiliated companies and their designated Service Providers from time to time to members of the Site. If you grant us your consent to use Marketing Data specified above, you agree and understand that we may, from time to time, use affiliated companies or other third-party providers and their designated Service Providers (as defined in section 3).
2.3If you voluntarily submit any information to the Site for publication on the Site through the publishing tools, including but not limited to, Company or Business Profile, Catalogues, Payment Performance, etc., then you are deemed to have given consent to the publication of such information on the Site ("Voluntary Information"); and
2.4Making such disclosures as may be required for any of the above purposes or as required by law, regulations and guidelines or in respect of any investigations, claims or potential claims brought on or against us.
2.5The lawful basis upon which we may rely on to process your personal data are:
| Consent | you have given your express consent for us to process your personal data for a specific purpose |
| Contract | the processing is necessary for us to perform our contractual obligations with you under our contract, or because you have asked us to take specific steps before entering into a contract with you |
| legal obligation | the processing is necessary for us to comply with legal or regulatory obligation |
| legitimate interests | the processing is necessary for our or a third party’s legitimate interest e.g. in order for us to provide the best service to you via our Site. Before we process your personal data on this basis we make sure we consider and balance any potential impact on you, and we will not use your personal data on this basis where such impact outweighs our interest |
2.6Set out below are specific details of the processing activities we undertake with your personal data and the lawful basis for doing this:
| Purpose/Activity | Lawful basis for processing |
| to register you as a new customer | to perform our contract with you |
| to process and deliver your order, manage payments, fees and charges and debt recovery | (i) to perform our contract with you; (ii) as necessary for our legitimate interest in recovering debts due to us. |
| to manage our relationship with you, notifying you about changes to our Terms or Privacy Policy and ask you to leave a review or take a survey | (i) to perform our contract with you (ii) as necessary to comply with a legal obligation (iii) as necessary for our legitimate interests in keeping our records updated and analysing how customers use our products/services. |
| to administer and protect our business and this Site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | (i) as necessary for our legitimate interests in running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise (ii) as necessary to comply with any legal obligations |
| to deliver relevant website content/advertisements to you and measure or understand the effectiveness of our advertising | as necessary for our legitimate interests in studying how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy |
| to use data analytics to improve our website, products/services, marketing, customer relationships and experiences | as necessary for our legitimate interests to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy |
| to make suggestions and recommendations to you about goods or services that may be of interest to you, including promotional offers | as necessary for our legitimate interests to develop our products/services and grow our business |
3 .Disclosure
3.1You agree that we may disclose and transfer (whether within or outside the jurisdiction of the Bukcommodities.com entity that you are contracting with) your Personal Data to service providers engaged by us and/or other affiliated companies to assist us with providing you with our services (including but not limited to data entry, database management, promotions, products and services alerts, delivery services, payment services, membership authentication and verification services and logistics services) ("Service Providers"). These Service Providers are under a duty of confidentiality to us and are only permitted to use your Personal Data in connection with the purposes specified in section 2.
3.2We may disclose and transfer (whether within or outside the jurisdiction of the Bukcommodities.com entity that you are contracting with) your Personal Data to our professional advisers, law enforcement agencies, insurers, government and regulatory and other organisations for the purposes specified in section 2.
3.3Any Personal Data supplied by you will be retained by us and will be accessible by our employees, any Service Providers engaged by us and third parties referred to in section 3, for or in relation to any of the purposes stated in section 2.
3.4All Voluntary Information may be made publicly available on the Site. Any Voluntary Information that you disclose to us becomes public information and you grant us a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Voluntary Information and any such Derivative Works. Please exercise caution when deciding to include personal or proprietary information in the Voluntary Information that you submit to us.
3.5We may share your Account Information with banks or third-party transaction service providers to enable your transactions on the Site to be executed. In addition, we may use your Account Information to determine your credit-worthiness and, in the process of such determination, we may need to make such Account Information available to banks or credit agencies. While we have in place up-to-date technology and internal procedures to keep your Account Information and other Personal Data secure from intruders, there is no guarantee that such technology or procedures can eliminate all of the risks of theft, loss or misuse. We undertake to communicate to you, as soon as reasonably practicable, of any breach that may result in risk of theft and/or loss of your Personal Data.
3.6We may provide statistical information to third parties, but when we do so, we do not provide personally-identifying information without your permission.
3.7This Privacy Policy does not apply to third-party sites that you may reach by clicking on hyperlinks on the Site. You should carefully read and accept third-party websites privacy policies and relevant terms and conditions prior to start using third-party sites. The privacy policies of third-party sites may differ from ours and we have no control over the information that you submit to those third parties.
4 .Data Security
4.1We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. We also limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know and they can only process your personal data on our instructions and will be subject to a duty of confidentiality.
4.2We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
5 .Data retention
5.1We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
5.2Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us. However, we are legally required to keep basic information about our customers (including contact, identity, financial and transaction data) for six years after they cease being customers, for tax purposes.
5.3We may also anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes. We can use anonymised information indefinitely without further notice to you.
6 .Access and correct Personal Data and your legal rights
6.1Under the applicable laws, you have the right of access to personal information held by us and to request correction of the information.
6.2If you have any questions regarding this Privacy Policy or if you wish to access or correct your Personal Data, you may send your request in writing to the following address:
Subject: Personal Data6.3You have certain rights in certain circumstances under data protection law. These are set out in section 6.7. If you wish to exercise any of your rights, please contact us using the details provided in section 6.2.
6.4You will not have to pay a fee to exercise any of your rights. However, if your request is clearly unfounded, repetitive or excessive, we may charge a reasonable fee for this information or refuse to comply with your request.
6.5We may request specific information from you to help us confirm your identity when you contact us and ensure. This is a security measure to ensure that personal data is not disclosed to any person who does not have the right to receive it.
6.6We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
6.7You have the following legal rights in relation to your personal data:
| access your data | you can ask for access to and a copy of your personal data and can check we are lawfully processing it |
| correction | you can ask us to correct any incomplete or inaccurate personal data we hold about you |
| erasure | you can ask us to delete or remove your personal data where: (a) there is no good reason for us continuing to process it; (b) you have successfully exercised your right to object (see below); (c) we may have processed your information unlawfully; or (d) we are required to erase your personal data to comply with local law. (e) We may not always be able to comply with your request for specific legal reasons, which will be notified to you at the time of your request |
| object | you can object to the processing of your personal data where: (a) where we are relying on our legitimate interest (or those of a third party) as the basis for processing your personal data, if you feel it impacts on your fundamental rights and freedoms; (b) where we are processing your personal data for direct marketing purposes. (c) in some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms, and, in such circumstances, we can continue to process your persona data for such purposes |
| restrict processing | you can ask us to us to suspend or restrict the processing of your personal data, if: (a) you want us to establish the accuracy of your personal data; (b) our use of your personal data is unlawful, but you do not want us to erase it; (c) you need us to hold your personal data (where we no longer require it) as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your personal data, but we need to verify whether we have overriding legitimate grounds to use it |
| request a transfer | you can request a transfer of your personal data which is held in an automated manner and which you provided your consent for us to process such personal data or which we need to process to perform our contact with you, to you or a third party. We will provide your personal data in a structured, commonly used, machine-readable format |
| withdraw your consent | you can withdraw your consent at any time (where we are relying on consent to process your personal data). This does not affect the lawfulness of any processing carried out before you withdraw your consent |
7 .Cookie Policy
7.1We make use of "cookies" to store information about you, your activities and track your visits to the Site. It is not uncommon for web-sites to use cookies to enhance identification of their users.
7.2A "cookie" is a small amount of data that is sent to your browser and stored on your computer. If you do not de-activate or erase the cookies, each time you use the same computer to access the Site, our web servers will be notified of your visit so that we may have knowledge of your visit and the pattern of your usage.
7.3Generally, we use cookies to identify you and enable us to:
a)Promptly access your Registration Information or Account Information so you do not have to re-enter it;
b)gather statistical information about usage by users;
c)study navigation patterns and help target advertisements based on user interests, so that you will be shown what is most relevant to you;
d)help our partners to track user visits to the Site and process orders; and
e)track progress and participation in promotions.
7.4You can determine if and how a cookie will be accepted by configuring the browser you are using to access the Site. You can change the browser configuration by setting your preferences in the browser; you can accept all cookies, you can choose to be notified when a cookie is sent or you can choose to reject all cookies. If you choose to reject all cookies, you may be required to re-enter information on the Sites more often and certain features of the Sites may be unavailable.
7.5By giving your consent to the setting of our Cookies you are enabling us to provide the best possible experience and service to you through our Site. If you wish to deny your consent to the placing of Cookies, certain features of the Site may not function fully or as intended.
7.6Certain features of the Site depend upon Cookies to function and are deemed, within the law, to be strictly necessary. You may disable cookies via your web browser’s settings.
7.7You can choose to enable or disable Cookies in your web browser. By default, your browser will accept Cookies, however this can be altered. For further details please consult the help menu in your browser. Disabling Cookies may prevent you from using the full range of Services available on the Web Site.
7.8You may delete Cookies at any time however you may lose any information that enables you to access the Site more quickly.
7.9The Site may use third-party Cookies that are not integral to the services provided by the Site to you and may be blocked at your choosing via your internet browser’s privacy settings or via your response to the request.
7.10It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your browser if you are unsure as to how to adjust your privacy settings.
8 .Minimum Age to use the Site
8.1The Site and its functionalities are not intended for use of any person under the age of 18 (or the minimum legal age in your jurisdiction). We do not intend to sell any of products or services to any people not of legal age. However, we have no way of distinguishing the age of individuals who access our Site.
9 .Security
9.1We employ commercially-available security methods to prevent unauthorised access to the Site, maintain data accuracy and to ensure the security of the information processed through the Site.
9.2Your Registration Information and Account Information can be viewed and edited through your account, which is protected by a password. You are responsible of taking all reasonable steps to protect the access to your account and not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited email. If you use a shared computer terminal, you should choose not to save your log-in information (e.g., user ID and password) in order to prevent unauthorised access to your account. You should always sign out of your account and close your browser window when you have finished your session.
9.3No data transmission over the internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect the information we hold for you, we cannot guarantee the security of any information you transmit to us and you do so at your sole risk and liability. You agree not to hold us liable for any loss or damage, including but not limited to loss of profit, arising out of or in connection with any information transmitted through the Site.
10 .Changes and Amendments
10.1Any changes to this Privacy Policy will be communicated by us posting an amended version of the Privacy Policy on the Site. Once posted on the Sites the new Privacy Policy will be effective immediately.
10.2Any information we hold about you (as described in this Privacy Policy and whether or not collected prior to or after the new Privacy Policy became effective) will be governed by the latest version of the Privacy Policy.
11 .Feedback
11.1In line with our commitment to continual improvement, we welcome your input regarding our Privacy Policy and any comments on the services we provide to you. You may send us your comments and responses by post to the address stated in section 6.2 or by email at the address info@blk-global.com
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THIS ORDER IS A LEGALLY BINDING AGREEMENT, made on the date specified in the Order Date section. BETWEEN the Contracting Parties. WHEREAS :
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BILL OF LADING Terms and Conditions of Shipment THIS ORDER OF SHIPMENT IS A LEGALLY BINDING AGREEMENT, made on the date specified in the Order Date section. BETWEEN the Contracting Parties. WHEREAS :
IT IS AGREED as follows:
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