Terms & Conditions

Introduction

Any correspondence or returns have to be sent to us in the name of Myblacktree.com.

Definitions

“Agreement”

The Terms and Conditions (T&C) contained herein under the myblacktree.com brand name, including references to this Agreement as and when amended, novated, supplemented, varied or replaced.

“Site”

The .IN and .COM websites owned and operated by Myblacktree India Pvt. Ltd., which provide a venue for users to buy the products listed / displayed at myblacktree.com.

“User / You”

Any customer / buyer (a person or any legal entity) who accepts the offer for sale on myblacktree.com by placing an order on this Site.

“Products”

The goods and services promoted / displayed on the Site and offered for use / sale.

This website is a venue where users may interact with us for their sale and purchase transactions. The commercial / contractual terms — including without limitation price, shipping costs, date, period and mode of delivery, warranties and after-sales services — are under our complete control and may be subject to change.

Eligibility

The User shall be at least 18 years of age to register and avail the services of the Site. Registration is void where prohibited. The User represents and warrants that he/she has the right, authority and capacity to enter into this Agreement and to abide by all of its terms and conditions.

The User shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation. The Site may terminate the registration of the User, remove any content posted, and/or prohibit the User from using the Service or the Site for any reason, at any time in its sole discretion, with or without notice — including if it believes the User is under 18 years of age.

Registration & Account Security

• The User agrees to provide true, accurate and current information as prompted by the registration form, and to promptly update it to keep it accurate, current and complete.
• The User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur using their account.
• The User must notify the Site immediately of any unauthorised use of their password or account, or any other breach of security. The Site will not be liable for any loss incurred as a result of unauthorised use of the account, with or without the User’s knowledge.
• Registration does not guarantee continued or continuous service; the Site may terminate the registration at any time with or without notice.
• The Site reserves the right to delete any information and refuse any future use if it suspects that the information provided by the User is false or inaccurate.

User Content & Responsibility

All content (information, data, text, photographs, videos, music, graphics and/or other materials) hosted on the Site is the sole responsibility of the User from whom such content originated. The Site does not guarantee the accuracy, integrity or quality of such content and will not be liable for any error or negative effect arising from it.

The User represents, warrants and agrees that no material submitted or shared through their account will violate or infringe the rights of any third party — including copyright, trademark, privacy, publicity or other personal or proprietary rights — or contain libellous, defamatory or otherwise unlawful material. Users bear the risk of evaluating the reliability, accuracy, usefulness and completeness of any content they use.

The User agrees not to use the services or the Site to:

• Upload, post, email or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• Make available any content that is likely to affect the rights of any party with respect to religious sentiments, secular credentials, communal harmony, peace or integrity of a nation, or that would violate any local, state, national or international law;
• Impersonate any person or entity;
• Forge headers or otherwise manipulate identifiers to disguise the origin of any content;
• Make available any content the User does not have a right to share under any law or contractual relationship (such as inside, proprietary or confidential information);
• Make available content that would constitute, encourage or provide instructions for a criminal offence;
• Make available any unsolicited or unauthorised advertising, promotional material, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;
• Make available content likely to damage any computer, computer system, site, server or service;
• Interfere with or disrupt the service, servers or connected networks, or violate any applicable law or regulation having the force of law.

Information Technology Act & Indian Laws

The User agrees and undertakes to abide by the provisions of the Information Technology Act and all other laws, rules and regulations of India, and submits to the jurisdiction of the enforcing / statutory authorities for any violation of the IT Act and other laws.

Proprietary Rights

All content on the Site — text, graphics, pictures, video etc., and their selection and arrangement — is the proprietary property of the Site, its Users or its licensors, with all rights reserved. Any use of the Site or its content other than as specifically authorised herein, without prior written permission, is strictly prohibited and will terminate the registration granted herein.

Termination

The Site may, in its sole discretion, terminate the account, password or use of the service for any reason, including if it believes the User has violated or acted inconsistently with these Terms. The Site may also discontinue the service at any time, with or without notice. Upon termination, the User’s right to use the Site immediately ceases, and the Site shall not be liable to anyone for such termination.

Indemnity

The User agrees to indemnify and hold the Site, its subsidiaries, directors, affiliates, officers, agents, partners and employees harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of the content the User submits, the use of or connection to the Service, any violation of this Agreement, or any violation of the rights of another or of any applicable law.

Disclaimers

Materials on this Site are provided “as is” without warranty of any kind, either expressed or implied. The Site does not warrant the accuracy or completeness of such materials and may add, change, improve or update them without notice. Use of this Site is at the User’s sole risk; under no circumstances, including negligence, shall the Site or its affiliates be liable for any direct, indirect, incidental, special or consequential damages.

This Site may contain advice, opinions and statements of various information and content providers. The Site does not represent or endorse the accuracy or reliability of any such information, and reliance upon it is at the User’s own risk. As a condition of use, the User agrees to indemnify the Site and its affiliates against all actions, claims, losses, damages, liabilities and expenses arising out of the User’s use of this Site.

Nothing on this Site constitutes investment advice, or an offer or invitation to purchase or sell any shares or securities.

Limitation of Liability

The Site shall not be held liable for special, consequential, incidental, indirect or punitive loss, damage or expenses, loss of data or facilities, or the cost of recreating lost data, whether arising out of breach of contract, warranty, tort, strict liability or otherwise — including any damage to the User’s reputation resulting from bogus entries.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER MYBLACKTREE.COM NOR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY SHALL HAVE ANY LIABILITY TO USERS OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERMS, THE SITE OR THE OFFERINGS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO THE CUSTOMER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE INVOICE VALUE.

Disclaimer of Warranties

This Site and its contents are provided “as is” and without warranties of any kind, to the fullest extent permissible under applicable law. The Site disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Site does not warrant that its functions will be uninterrupted or error-free, that defects will be corrected, or that the Site or its servers are free of viruses or other harmful components.

The Site may include technical inaccuracies or typographical errors, and changes are periodically made to the information herein. The User’s continued use of the Site after any change to these terms means acceptance of those changes.

Copyrights & Trademark Information

The logos, banners and trademarks on the Site are the property of their respective holders and may not be used in any manner without express approval. The Site respects the intellectual property of others and expects Users to do the same.

If you believe your intellectual property rights have been violated, please inform us with:

1. A description of the copyright or trademark claimed to have been infringed;
2. A description of where the material is located on the Site;
3. Complete name, address, telephone number and email address of the rights owner;
4. Signature (electronic or physical) of the person authorised to act on behalf of the owner;
5. A statement that you firmly believe the disputed use is not authorised by the owner;
6. A statement, made under penalty of perjury, that the information given is true and accurate and that you are the owner or authorised to act on the owner’s behalf.

Please send such notices to info@myblacktree.com (cc legal@myblacktree.com).

Changes to the Terms and Conditions

The Site may amend these terms and conditions at any time, at its sole discretion. Any change will be notified by posting an announcement on the Site. The User is responsible for regularly reviewing these Terms so as to be apprised of any changes.