OUR TERMS

    1. THESE TERMS
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      1. What these terms cover. These are the terms and conditions on which we supply products to you, whether these are services or digital content.
      2. Why you should read them. Please read these terms carefully before you use our services. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us  to discuss. We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. If we change these terms we will notify you when you next use the services. Your continued use of the services will indicate you have accepted any changes we have made to these terms.
      3. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
        • You are an individual.
        • You are buying services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
      4. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
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    3. INFORMATION ABOUT US AND HOW TO CONTACT US
      1. Who we are. We are Captive Ltd (trading as BLACKBX), a company registered in Scotland. Our company registration number is SC503985 and our registered office is at 1 Constitution Street, Leith, Edinburgh, Scotland, EH6 7BS.
      2. How to contact us. You can contact us by telephoning our customer service team at 0131 510 7008  or by emailing us at support@blackbx.io.
      3. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
       
    4. OUR CONTRACT WITH YOU
      1. How you accept these terms. By clicking on the ‘tick boxes’ prior to your use of our services you acknowledge you have read and accepted these terms and also our Privacy Policy. By ticking on the acceptance buttons a contract will come into existence between you and us.
       
    5. PROVIDING THE SERVICES
      1. When we will provide the services. We will begin the services from the time you click on the continue button.
      2. Payment. Any payment due to us for providing the services must be made prior to your use of the services. We accept payment with any payment card. Where you are paying for the services and you are a consumer, you have the right to withdraw from any transaction without charge and without any reason for 14 days following your payment but before you use the services. You will lose the right to cancel the transaction once you begin to use the services. If you are due a refund from us we shall make the refund to you as soon as possible.
      3. We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
      4. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you, for example, [your name and email address to set up an account with us]. If you do not give us this information, or if you give us incomplete or incorrect information, you may not be able to use our services.
      5. Reasons we may suspend the supply of services to you. We may have to suspend the supply of a service to:
        1. deal with technical problems or make minor technical changes; or
        2. update the services to reflect changes in relevant laws and regulatory requirements.
         
    6. ACCEPTABLE USE
      1. You must not:
        1. not use the services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into any operating system; or
        2. infringe our intellectual property rights or those of any third party in relation to your use of the services; or
        3. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the services.
         
    7. INTELLECTUAL PROPERTY RIGHTS
      • All intellectual property rights in the services throughout the world belong to us (or our licensors). You have no intellectual property rights in, or to, the services other than the right to use them in accordance with these terms.
       
    8. OUR RIGHTS TO END THE CONTRACT
      • We may end the contract if you break it. We may end the contract for a service at any time by writing to you if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services.
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    10. IF THERE IS A PROBLEM WITH THE SERVICES
      • How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone our customer service team at 0131 510 7008 or emailing us at support@blackbx.io.
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    12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
      1. Nothing in these terms shall limit or exclude our liability for:
        1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
        2. fraud or fraudulent misrepresentation; or
        3. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
      2. All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
      3. Subject to clause 9.1:
        1. we shall not be liable to you, whether in contract, negligence, breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
        2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, negligence, breach of statutory duty, or otherwise, shall be limited to £1,000
      4. We are not liable for business losses. If you use the services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
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    14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
      1. Our responsibility for loss or damage suffered by you if you are a consumer Nothing in these terms shall limit or exclude our liability for:
        1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
        2. fraud or fraudulent misrepresentation; or
        3. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
      2. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
      3. We are not liable for business losses. If you use the services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
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    16. HOW WE MAY USE YOUR PERSONAL INFORMATION
      1. How we will use your personal information. We will use the personal information you provide to us to supply the services to you. Please see our Privacy Policy for more information on how we may use the personal information you provide to us.
      2. We will only give your personal information to other third parties where the law either requires or allows us to do so, or where you have given us your explicit consent to do so.
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    18. OTHER IMPORTANT TERMS
      1. Check that the services are suitable for you. The services have not been developed to meet your individual requirements and are provided "as is". Please check that the facilities and functions of the services meet your requirements.
      2. Nobody else has any rights under this contract. Subject to clause 12.3 below, this contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
      3. We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
      4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
      5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
      6. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by Scots law and you can bring legal proceedings in respect of the services in the Scottish courts. If you live in England you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the Scottish courts.
      7. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland and the courts of Scotland shall have exclusive jurisdiction to settle any such dispute or claim.