Terms of Use

This agreement applies as between you, the User of our website and services www.blackconnection.com (our “Platform”) and Black Connection of Kemp House, 160 City Road, London, EC1V 2NX, the operator(s) of this website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these terms and conditions, you should stop using the website immediately.

 

1.     General Use

1.1.   The provisions set out in these Terms govern your access to and your use of our Platform and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Platform.

1.2.   Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable licence to use our Platform on these Terms.

1.3.   By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Platform, you agree and acknowledge that:

1.3.1.you have read the terms set out in these Terms and agree to be bound by and comply with them; and

1.3.2.you shall ensure that all Users of your Account abide by these Terms. 

1.4.   You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.

1.5.   We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform or your Account at any time, or remove or edit content (including content submitted by you) on our Platform or on any of our affiliated websites.

1.6.   We reserve the right to change, modify, suspend, or discontinue any portion of the Services, our Platform or any other products, services, affiliated websites and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.

1.7.   Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Platform or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.

 

2.     Uploading Content

2.1.   You irrevocably and unconditionally represent and warrant that any of your content uploaded to our Platform complies with our Privacy Policy, Acceptable Use Policy, the DPA and GDPR and any other applicable laws.

2.2.   You are fully responsible for your content uploaded to our Platform. We will not be responsible, or liable to any third party, for:

2.2.1.the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Platform; or

2.2.2.the loss of any content or data provided to us by you. You should keep a record of all such content and data.

2.3.   We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.

2.4.   We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to users of the Platform.

2.5.   We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under UK law.

2.6.   We have the right to delete any content uploaded to our Platform if, in our opinion, it does not comply with the content standards set out in our Acceptable Use Policy.

 

3.     Acceptable Use Policy

3.1.   You may use our Platform only for lawful purposes. You may not use our Platform:

3.1.1.in any way that breaches any applicable local or international laws or regulations;

3.1.2.in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

3.1.3.to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and

3.1.4.to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

3.2.   When sharing and submitting content to the website, please do not share and submit content that:

3.2.1.contains violence, ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial, or religious nature.

3.2.2.is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains exaggeration or unsubstantiated claims.

3.2.3.violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.

3.2.4.discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law.

3.2.5.sends repeated messages and/or makes derogatory or offensive comments about another individual or repeats the same message under multiple emails or subjects.

3.2.6.Any submitted content that includes, but is not limited to the above, will be refused. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.

3.3.   We do not assert any ownership over your content. You retain full ownership of all of your content and any intellectual property rights, or other proprietary rights associated with your content. We are not liable for any statements or representations in your content provided by you in any area on the website.

3.4.   You are solely responsible for your content to the website, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your content. 

3.5.   We operate a safe space for people to engage, learn, share, and network. We operate a zero-tolerance policy with regards to the abuse of our service users or staff. Personal or targeted insults, threats, obscene and aggressive comments directed at other service users or at staff will not be tolerated. Users who persist in engaging in this way may be excluded from our services. Please report any abusive posts or incidences of cyber-bullying to our admin.

 

4.     Account Suspension and Termination

4.1.   Black Connection reserves the right, at its sole discretion, to suspend or delete at any time and without notice, user accounts which it deems inappropriate, offensive or in violation of these terms.

4.2.   We will determine, in our discretion, whether there has been a breach of our acceptable use requirements through your use of our Platform. When a breach of this agreement has occurred, we may take such action as we deem appropriate. 

4.3.   Failure to comply with these Terms constitutes a material breach of these Terms upon which you are permitted to use our Platform, and may result in our taking all or any of the following actions:

4.3.1.immediate temporary or permanent withdrawal of your right to use our Platform;

4.3.2.immediate temporary or permanent removal of any Services rendered;

4.3.3.issuance of a warning to you;

4.3.4.legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;

4.3.5.further legal action against you; and/or

4.3.6.disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

4.4.   We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

 

5.     Intellectual Property

5.1.   All Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Black Connection, our affiliates or other relevant third parties.  By continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.

5.2.   You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given express written permission to do so by Black Connection.

 

6.     Links to Other websites

This website may contain links to other sites.  Unless expressly stated, these sites are not under the control of Black Connection or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.

 

7.     Privacy

7.1.   For the purposes of applicable data protection legislation, Black Connection will process any personal data you have provided to us in accordance with our Privacy Policy available on the Black Connection website or on request from Black Connection.

7.2.   You agree that, if you have provided Black Connection with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Black Connection and (2) that you have brought to the attention of any such third party the Privacy Policy available on the Black Connection’s website or otherwise provided a copy of it to the third party.

7.3.   You agree to indemnify Black Connection in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

 

8.     Disclaimers

8.1.   Black Connection makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

8.2.   No part of this website is intended to constitute advice and the Content of this website should not be relied upon when making any decisions or taking any action of any kind.

 

9.     Availability of the website

9.1.   The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

9.2.   Black Connection accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

10.  Warranties

10.1.                While we make all efforts to maintain the accuracy of the information on our Platform, we provide the Services, Platform and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.

10.2.                As part of the Services, you may communicate with third parties and have access to Third Party’s Advice. Any information about third parties is provided on an “as is” basis, based on information provided to us by the third parties. We do not make any warranties, express or implied, as to the qualifications, quality, suitability, fitness for purpose, completeness or correctness of any Third Party or Third Party’s Advice.

10.3.                You acknowledge that third parties are not our agents or employees, and all third parties are solely responsible for any Third Party’s Advice. No Third Party is authorised to make any statement or representation for and on behalf of us. While we have conducted basic checks on third parties, we do not make any representations or warranties as to the qualifications or experience of any Third Party and you are encouraged to conduct your own due diligence on each Third Party, including whether such Third Party and Third Party’s Advice is relevant or suitable for your needs.

10.4.                To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Platform or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our Platform, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.

 

11.  Limitation of Liability

11.1.                We are not liable for the completeness, accuracy or correctness of any information uploaded on our Platform and any Related Content. You expressly agree that your use of the Services and our Platform, including reliance on any Third Party’s Advice, is at your sole risk.

11.2.                We do not assist with dispute resolution between any you and any Third Party and are not obliged at any time to adjudicate on any such dispute. In the event of any dispute, you are responsible for contacting the relevant Third Party. Without prejudice to the foregoing, we remain entitled at all times to investigate at our discretion any complaint regarding the use of our Platform or any suspected unlawful activity and to take any action that we deem appropriate, including to file a report with the appropriate authorities.

11.3.                You agree not to use the Services, our Platform and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our Platform or any other website or software) for:

11.3.1.   loss of profits, sales, business, or revenue;

11.3.2.   business interruption;

11.3.3.   loss of anticipated savings;

11.3.4.   loss or corruption of data or information;

11.3.5.   loss of business opportunity, goodwill or reputation; or

11.3.6.   any other indirect or consequential loss or damage.

11.4.                Nothing in these Terms shall limit or exclude our liability for:

11.4.1.   death or personal injury resulting from our negligence;

11.4.2.   fraud; and/or

11.4.3.   any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.

11.5.                Our Platform is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.

11.6.                These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Platform. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our Platform which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

 

12.  Indemnity

You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Platform, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.

 

13.  No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

14.  Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

15.  Law and Jurisdiction

These terms and conditions and the relationship between you and Black Connection shall be governed by and construed in accordance with the Law of England and Wales and Black Connection and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.