Terms and Conditions
Welcome to theblackmagic.store!
These terms and conditions outline the rules and regulations for the use of Black Magic Organic’s Website, located at https://theblackmagic.store/.
By accessing this website we assume you accept these terms and conditions. Do not continue to use theblackmagic.store if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, Black Magic Organic and/or its licensors own the intellectual property rights for all material on theblackmagic.store. All intellectual property rights are reserved. You may access this from theblackmagic.store for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from theblackmagic.store
- Sell, rent or sub-license material from theblackmagic.store
- Reproduce, duplicate or copy material from theblackmagic.store
- Redistribute content from theblackmagic.store
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Black Magic Organic does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Black Magic Organic,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Black Magic Organic shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Black Magic Organic reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Black Magic Organic a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Black Magic Organic; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Black Magic Organic. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Black Magic Organic’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or 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.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
These terms and conditions applies to CUSTOMER REVIEWS LTD (Registered in England & Wales) 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ, Company No. 11364361 and companies and other organizations who installed and activated Customer Reviews for WooCommerce plugin.
(A) Customer Reviews has skill, knowledge and expertise in the collation, presentation and analysis of consumer feedback, market research and reputation management, particularly in relation to businesses with a strong online presence.
(B) The Client operates a business in which customer email addresses are held and linked to a sale or other business transaction. Customer Reviews provides a plugin for collection of reviews and operates a website on which feedback can be displayed through which customers interact with the Client.
1 Consumer Details
1.1 You will provide us with the Consumer Details for all relevant transactions within a period of one month of the transaction date.
1.2 You will ensure that the Consumer Details are accurate and error free as far as is reasonably possible.
1.3 We will use the Consumer Details to send one email only asking for Feedback. We will not make further contact with any Consumer except:
1.3.1. with the previous written consent of you and/or the Consumer;
1.3.2. where details of that Consumer have been provided to us by a third party;
1.3.3. as required by law or by any court, tribunal or administrative body of competent jurisdiction; and/or
1.3.4. to inform the Consumer of a response you have made to his/her comments; and/or
1.3.5. for the purpose of satisfying our obligations under these Terms and Conditions.
All company names, brands and other company trademarks and the website belongs to either Customer Reviews or third parties and can only be used for business purposes after a preceding permission from us or third parties respectively. Rights to our free use of contributions are nontransferable, without time limit and with no territorial limits towards us, upon sending the contribution to us. The website’s content cannot be copied and displayed anywhere else on the internet.
Customers shall indemnify Customer Reviews against any loss or damage suffered or incurred by Customer Reviews as a result of any third-party claim (including any claim or allegation by any governmental authority) that:
(a) the use of any content provided by Customer infringes the intellectual property rights of a third party and/or violates applicable law or the Guidelines;
(b) Customer Reviews use of Consumer data in accordance with this Agreement is in breach of the Data Protection Requirements or any other applicable laws related to data privacy; or
(c) any email message sent or caused to be sent by Customer Reviews on behalf Customer violates any applicable law, rule or regulation.
Customer shall not bring any claim against Customer Reviews arising from or related to any User Content, including without limitation, any claim that the User Content is defamatory, offensive or otherwise harmful. Customer shall indemnify Customer Reviews against any loss or damage suffered or incurred by Customer Reviews as a result of any such claim, whether such claim is brought by Customer, any of Customer’s affiliates, or any of its or their officers, directors, employees, contractors, agents, shareholders, or other associated third parties.
4 Limitation of Liability
4.1 Neither party excludes any Loss in respect of personal injury or death, fraudulent misrepresentation or any other Loss that may not be lawfully excluded or limited under English law.
4.2 Neither party shall be liable for any loss of profits or revenues, loss of business opportunity, loss of goodwill or reputation, loss of data or any indirect, consequential or special Loss whatsoever.
5 Personal Information
Our processing of personal data is carried out according to the law of personal data. Users can contact us if they request information about what data that are processed about them or if they wish to have the information deleted or rectified. Furthermore, registered users can at any time withdraw their consent, which can happen by contacting email@example.com. Withdrawal of consent will be considered as a request to be deleted as a user altogether.
We have initiated a number of technical and organizational arrangements to ensure that personal information that is being processed does not delete, disappear, deteriorate or gets into the hands of unauthorized parties.
Client agrees to comply with its obligations under EU Data Protection Directives as a data controller and any other legislation and/or binding regulations implementing or made pursuant to them (“Data Protection Requirements”).
When enabling the Review Collection Services, the Client is – in accordance with the Data Protection Requirements – regarded as a Data Controller of the Consumers’ personal data, which is provided to Customer Reviews. When Client uses the Review Collection Services Customer Reviews is regarded as the data processor. This entails that Customer Reviews shall only act by instructions from Client in regard to the provided personal data about the Consumers. It is the sole responsibility of Client to provide such instructions to Customer Reviews. Customer Reviews shall make the necessary security measures to comply with the obligations of a data processor, including ensuring that the information is not (i) accidentally or unlawfully destroyed, (ii) lost, altered or damaged, (iii) disclosed to or accessed by any unauthorized person, (iv) misused or (v) in other ways treated in violation of the Data Protection Requirements. On Client’s request, Customer Reviews will, in line with and to the extent provided for in the Data Protection Requirements, supply Client with sufficient information for Client to assure that the above-mentioned technical and organizational security measures have been made. All data collected and processed about Consumers after a verified copy of a review is published on Customer Reviews website (www.cusrev.com) are processed by Customer Reviews as a data controller.
Customer Reviews is not responsible for and assumes no liability for the Consumers’ conduct on or use of the Customer Reviews Service, including the content published by the Consumers (such content, “User Content”). Customer Reviews does not and cannot control or monitor the User Content and Customer Reviews does not endorse any User Content, nor does the opinions expressed in the User Content represent the opinions of Customer Reviews, its affiliates, or any of its or their officers, directors, employees, contractors or shareholders.
The Agreement shall not be regarded as an approval, endorsement or recommendation of Client, Client’s products or services by Customer Reviews. Client may not market itself or by other way give public declarations in conflict with the above.
Client’s use of the Customer Reviews Service must at all times comply with all applicable laws, rules and regulations. Client warrants to Customer Reviews that its use of the Customer Reviews Service will in no way cause Customer Reviews to violate any applicable laws, rules or regulations or to violate the privacy rights of any third party.
When writing a review your name and/or email address will still be visible to the company being reviewed via the client dashboard even if it is set to publish anonymously.
Personal information of customers who were invited to write a review but did not do it after three months from the date of the invitation will be automatically deleted from Customer Reviews database.
Customer Reviews does not produce or publish contributions on the website. Customer Reviews cannot be held accountable for the reviews and comments made on the website. If you would like to remove or discuss an issue with the website, please email firstname.lastname@example.org.
Customer Reviews accepts no responsibility for the accuracy or completeness of contributions published by registered users on the website, including contributions of technical, external or any other cause may be changed or deleted in connection with the publication on the website or the following.
Customer Reviews does not read through or edit contribution added to the website and can in no way be held responsible for the content of these contributions. Should the contributions contain links to third parties, Customer Reviews will accept no responsibility for the contents of the link in question.
Customer Reviews recommendations and reference to concrete companies, e-shops, etc. is only guiding and Customer Reviews can in no way be held responsible if the guiding recommendation turns out to be incorrect, misleading or similar.
Customer Reviews can in no case be made to compensate for use of the website or code, including loss of revenue, working loss, market interruptions, loss of goodwill or similar losses. Furthermore, Customer Reviews cannot be made to pay compensation or similar as a result of errors or downtime.
Customer Reviews reserves the right to revise these terms at any time, as well as the right to close the website as a result of own assessment and without warning.
We reserve the right to delete reviews that are solicited from external websites.
Reviews solicited outside of the Customer Reviews ecosystem may be flagged and moderated.