Terms of Service

Introduction

Acceptance of Terms of service

By accessing or using the Black Sails website and its services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you disagree with these terms, you should not use or access the website.

The Terms of Service constitute a legally binding agreement between you and Black Sails Digital (Pty) Ltd regarding your use of the website and its services. These terms apply to all users, including visitors, customers, and other individuals or entities accessing or using the website.

You affirm that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are accessing or using the website on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these terms.

Black Sails reserves the right to modify, update, or replace these Terms of Service at any time. Any changes to the terms will be effective immediately upon posting on the website. It is your responsibility to review the terms periodically to stay informed about any updates. Continued use of the website after modifications to the terms constitutes your acceptance of the revised terms.

If you have any questions or concerns about these terms, please contact us at the provided contact information.

Changes to the Terms

Notification of Changes: Black Sails reserves the right to modify or update these Terms of Service at any time without prior notice. Changes to the Terms will be effective immediately upon posting on the Black Sails website. It is the responsibility of users to review the Terms periodically for any updates or modifications.

Acceptance of Changes: By continuing to access or use the Black Sails website after the posting of any changes to the Terms, users signify their acceptance of the revised Terms. If a user does not agree to the modified Terms, they should discontinue using the website.

Notification Method: Black Sails may provide notice of changes to the Terms through various means, such as by posting a prominent notice on the website, sending an email to registered users, or by any other reasonable means deemed appropriate by Black Sails.

Retroactive Application: Changes to the Terms will apply prospectively, meaning they will govern the user’s future use of the Black Sails website. Any use of the website after the effective date of the changes constitutes the user’s acceptance of the modified Terms.

Specific Changes: In the event of significant changes that may materially affect users’ rights or obligations, Black Sails may provide additional notice or seek explicit consent from users before implementing such changes.

Continuing Agreement: The relationship between Black Sails and its users is based on the most current version of the Terms. Users are encouraged to keep copies of the Terms for their records and to refer to the Terms whenever accessing or using the Black Sails website.

Frequent Review: Black Sails recommends that users regularly review the Terms to stay informed about any changes. Continued use of the Black Sails website after any modifications to the Terms signifies the user’s ongoing acceptance of the Terms as modified.

Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service or the services provided by Black Sails, please contact us using the following contact information:

Mailing Address
Black Sails Digital (Pty) Ltd
3/55 Pyrmont Bridge Road, Pyrmont, NSW 2009

Email Address
For general inquiries: hello@blacksails.com.au

Website
You can also visit our website at www.blacksails.com.au for more information about our services and to access support resources.

Please ensure that any communication with us is respectful and does not violate any of the terms outlined in these Terms of Service. We aim to promptly respond to all inquiries and concerns, but please note that response times may vary depending on the volume of inquiries and the nature of the request. It is important to provide accurate contact information when contacting us to ensure efficient communication and resolution of any issues or concerns.

For urgent matters or issues requiring immediate attention, we recommend using the designated contact channels on our website or contacting the appropriate support team directly. We value your feedback and are committed to providing the best possible user experience. We encourage you to contact us if you encounter any difficulties, have suggestions for improvement, or need assistance with any aspect of our services.

Thank you for your cooperation and for choosing Black Sails as your digital service provider. We look forward to serving you and meeting your needs to the best of our abilities.

User Rights and Responsibilities

User Eligibility

By accessing or using the Black Sails website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you are accessing or using the website on behalf of a company or organisation, you further represent and warrant that you have the authority to bind that entity to these Terms of Service.

The Black Sails website is intended for use by individuals and businesses who seek to engage with our services. It is not intended for use by individuals under the age of 18. If you are under 18, you may only use the website under the supervision of a parent or legal guardian.

By using the Black Sails website, you agree to comply with all applicable laws, regulations, and these Terms of Service. If you do not meet the eligibility requirements or do not agree with these Terms of Service, you must not use the website.

Black Sails reserves the right to refuse access to the website or services to anyone at any time without prior notice or liability.

You are responsible for ensuring the accuracy, completeness, and truthfulness of the information you provide during registration or when using the website. You agree to promptly update any changes to your information to maintain its accuracy.

Black Sails may, at its sole discretion, suspend or terminate your access to the website if it believes that you have violated any provision of these Terms of Service or engaged in any activity that is harmful to the Black Sails website or its users.

Acceptable Use

Users of the Black Sails website are expected to adhere to acceptable use guidelines to ensure a positive and respectful experience for all users. By accessing or using the website, users agree to the following:

Compliance with Laws and Regulations

Users must comply with all applicable laws, regulations, and legal obligations when using the Black Sails website.

Users shall not engage in any activity that violates intellectual property rights, privacy rights, or any other rights of Black Sails or third parties.

Prohibited Activities

Users shall not engage in unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable behaviour.

Users shall not upload, post, transmit, or otherwise make available any content that is false, misleading, or infringing upon the rights of others.

Users shall not engage in any activity that disrupts or interferes with the proper functioning of the Black Sails website or its associated services.

Users shall not attempt to gain unauthorised access to any part of the Black Sails website, its servers, or any connected systems.

Misuse of Accounts

Users are responsible for maintaining the confidentiality and security of their account credentials.

Users shall not share their account information with others or allow unauthorised access to their account.

Users shall promptly notify Black Sails if they suspect any unauthorised account use.

Reporting Violations

Users are encouraged to report any violations of acceptable use guidelines or any suspicious or malicious activity to Black Sails.

Black Sails reserves the right to investigate and take appropriate action against any user found to be violating these guidelines.

Consequences of Violation

Violation of the acceptable use guidelines may result in temporary or permanent suspension of user accounts, removal of content, or other actions deemed necessary by Black Sails.

Black Sails reserves the right to cooperate with law enforcement authorities or other third parties in investigating any suspected violations of laws or regulations.

Prohibited Activities

Illegal or Unauthorised Use

Users must not engage in any activity that violates applicable laws, regulations, or third-party rights. This includes but is not limited to, unauthorised access to systems or data, hacking, distribution of malware, or any form of illegal content.

Misuse of Services

Users are prohibited from using the Black Sails website and services in any manner that may impair the functionality, integrity, or performance of the platform. This includes engaging in activities such as introducing viruses, spamming, or conducting denial-of-service attacks.

Violation of Intellectual Property Rights

Users must not infringe upon the intellectual property rights of Black Sails or any third party. This includes unauthorised use, reproduction, distribution, or modification of copyrighted materials, trademarks, patents, or trade secrets.

Unlawful Communication

Users are strictly prohibited from using the Black Sails website for any form of unlawful or malicious communication. This includes sending unsolicited commercial messages (spam), engaging in harassment, or transmitting offensive, defamatory, or obscene content.

Fraudulent Activities

Users must not engage in fraudulent activities, including but not limited to identity theft, impersonation of others, or providing false information. Any form of deceptive practices, such as phishing or scams, is strictly prohibited.

Violation of Privacy

Users must respect the privacy and personal information of others. Any unauthorised collection, use, or disclosure of personal data, as well as any attempt to gain access to other users’ accounts or confidential information, is strictly prohibited.

Interference with System Integrity

Users must not interfere with or disrupt the proper functioning of the Black Sails website or its associated systems. This includes any attempt to bypass security measures, manipulate data, or engage in activities that may cause excessive server load or impair the user experience.

Violation of Terms

Users must comply with all provisions outlined in the Terms of Service and any applicable policies or guidelines. Any violation of the terms may result in account termination or legal action, as deemed appropriate by Black Sails.

User Content

User Content Ownership

By submitting or posting any content on the Black Sails website, including but not limited to text, images, videos, comments, and other materials (collectively referred to as “User Content”), you retain ownership of your User Content. However, by submitting User Content, you grant Black Sails a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publicly display, and perform your User Content in connection with the operation and promotion of the Black Sails website and services.

Responsibility for User Content

You are solely responsible for the accuracy, legality, and appropriateness of your User Content. By submitting User Content, you represent and warrant that you have the necessary rights and permissions to grant the license described above and that your User Content does not infringe upon the intellectual property rights or violate the rights of any third party.

Monitoring and Moderation

While Black Sails does not have an obligation to monitor User Content, we reserve the right to review, monitor, and moderate User Content at our discretion. We may remove or modify any User Content that violates these Terms of Service, infringes upon the rights of others, or is deemed inappropriate or objectionable.

User Content Guidelines

In using the Black Sails website, you agree to adhere to the following guidelines for User Content:

Do not submit or post User Content that is unlawful, harmful, abusive, defamatory, obscene, or otherwise objectionable.

Do not submit or post User Content that infringes upon the intellectual property rights or violates the rights of any third party.

Do not submit or post User Content that contains viruses, malware, or other harmful components.

Do not submit or post User Content that is false, misleading, or deceptive.

Content Removal

Black Sails reserves the right to remove or refuse to display any User Content that violates these Terms of Service or for any other reason at our sole discretion. We are not responsible for any loss or damage resulting from the removal of User Content.

User Feedback and Suggestions

If you choose to provide feedback, suggestions, or ideas to Black Sails regarding our services or website (“Feedback”), you acknowledge and agree that Black Sails may use such Feedback for any purpose without any obligation to you. You warrant that your Feedback does not contain confidential or proprietary information.

Intellectual Property Rights

Ownership of Content: Unless otherwise stated, all content and materials on the Black Sails website, including but not limited to text, graphics, images, logos, icons, audio clips, video clips, data compilations, and software, are the property of Black Sails Digital (Pty) Ltd or its licensors and are protected by intellectual property laws. The content is provided for your personal, non-commercial use only, and you may not copy, reproduce, modify, distribute, display, perform, or create derivative works from any part of the website without prior written consent from Black Sails.

Trademarks: All trademarks, service marks, logos, and trade names displayed on the Black Sails website are the registered or unregistered trademarks of Black Sails Digital (Pty) Ltd or their respective owners. You are prohibited from using any trademarks, service marks, logos, or trade names appearing on the website without the written permission of Black Sails or the respective owner.

User-Generated Content: By submitting or uploading any content to the Black Sails website, including comments, reviews, suggestions, or other materials, you grant Black Sails a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute, display, and sublicense such content. However, you retain ownership of your user-generated content, and Black Sails will not claim any ownership rights over it.

Copyright Infringement: Black Sails respects the intellectual property rights of others and expects users to do the same. If you believe that your copyrighted work has been infringed upon on the Black Sails website, please follow the procedures outlined in the Copyright Infringement Policy, which can be found on the website.

Unauthorised Use: Any unauthorised use of the content, trademarks, or any other intellectual property owned by Black Sails may result in legal action. Black Sails reserves the right to take appropriate legal action to protect its intellectual property rights.

Third-Party Intellectual Property: Any trademarks, service marks, logos, or other intellectual property displayed on the Black Sails website that belong to third parties are the property of their respective owners. Any use of such third-party intellectual property is subject to the terms and conditions set by the respective owner.

Compliance with Laws

Users of the Black Sails website are required to comply with all applicable laws, regulations, and legal obligations while accessing and using the services provided. This includes but is not limited to laws related to privacy, data protection, intellectual property rights, consumer rights, and online conduct.

Users shall not engage in any activities that violate local, national, or international laws, such as:

Posting or transmitting unlawful, fraudulent, defamatory, obscene, or harmful content.

•6.2.2.Infringing upon the intellectual property rights of others, including copyright, trademarks, patents, or trade secrets.

•6.2.3.Engaging in unauthorised access to systems or networks or attempting to interfere with the security or functionality of the Black Sails website.

•6.2.4.Engaging in hacking, phishing, or other unauthorised activities that compromise the privacy or security of other users or Black Sails itself.

•6.2.5.Engaging in any activities that may cause harm or disruption to the Black Sails website, its servers, or its infrastructure.

Black Sails reserves the right to investigate and report any suspected illegal activities to the appropriate authorities. If Black Sails becomes aware of any user’s violation of applicable laws or these Terms of Service, it may take appropriate action, including but not limited to account suspension or termination, and disclosure of information to law enforcement authorities.

Users are solely responsible for their compliance with applicable laws, and Black Sails shall not be liable for any consequences resulting from a user’s failure to comply with such laws.

If any provision of these Terms of Service is found to be in conflict with any applicable law, that provision shall be interpreted to reflect the intentions of the parties in accordance with applicable law, and the remainder of the Terms of Service shall remain valid and enforceable.

Account Security

User Responsibility: Users are solely responsible for maintaining the security and confidentiality of their account credentials, including username and password. They should take appropriate measures to prevent unauthorised access to their account and promptly notify Black Sails if they suspect any unauthorised use or breach of security.

Account Protection: Users should ensure that their account information is accurate, up-to-date, and secure. This includes providing a valid email address and promptly updating any changes to their personal information.

Password Security: Users should choose a strong and unique password for their account and avoid using passwords that are easily guessable or commonly used. It is recommended to use a combination of uppercase and lowercase letters, numbers, and special characters to enhance password strength.

Unauthorised Access: Users must refrain from sharing their account credentials with third parties or allowing others to access their account. They should also take precautions to prevent unauthorised access to their devices or computers used to access the Black Sails website.

Phishing and Suspicious Activities: Users should be vigilant against phishing attempts, suspicious emails, or any form of communication requesting their account information. Black Sails will never request sensitive account information through unsolicited communications.

Notification of Breach: If users suspect any breach of their account security or unauthorised access, they should immediately notify Black Sails through the provided contact information to take appropriate action and safeguard their account.

Black Sails’s Measures: Black Sails implements reasonable security measures to protect user accounts and data. However, users acknowledge that no system is entirely secure, and Black Sails cannot guarantee the absolute security of user accounts or the website. Users should also take into account their own security measures, such as using secure networks and keeping their devices protected.

Third-Party Services and Links

Third-Party Services: The Black Sails website may include links, advertisements, or offers from third-party websites, applications, or services that are not owned or controlled by Black Sails. Accessing or using any third-party services is subject to the terms and conditions of those services, and Black Sails is not responsible for any content, functionality, or actions of such third-party services. Users acknowledge and agree that Black Sails does not endorse, warrant, or assume any responsibility for the availability, accuracy, reliability, or quality of any third-party services.

External Links: The Black Sails website may contain links to external websites that are provided for convenience or informational purposes. Black Sails does not guarantee the accuracy, completeness, or usefulness of any content on such external websites, nor does it endorse or have control over the content, services, products, or practices of those websites. Users acknowledge and agree that they access and use external websites at their own risk and that Black Sails shall not be held liable for any damages or losses arising from their use of such external websites.

Third-Party Integrations: The Black Sails website may integrate with third-party applications, platforms, or services to enhance user experience or provide additional functionalities. Any use of such third-party integrations is subject to the terms and conditions of the respective third-party providers, and Black Sails shall not be responsible for any actions, damages, or losses arising from the use of such integrations.

User Responsibility: Users acknowledge and agree that they are solely responsible for interacting with any third-party services, websites, or integrations. It is the user’s responsibility to review and comply with the terms and privacy policies of any third-party services accessed through the Black Sails website. Black Sails encourages users to exercise caution and discretion when engaging with third-party services, and they should report any issues or concerns to Black Sails.

Release of Liability: Users release Black Sails from any liability, claims, damages, or losses arising from their interactions or transactions with third-party services, including but not limited to any content, advertisements, products, or services offered by third parties. Black Sails does not provide any warranties or representations regarding third-party services and shall not be held liable for any damages, losses, or harm resulting from such interactions.

Feedback and Suggestions

Black Sails welcomes and values feedback and suggestions from users to improve its services and offerings. By providing feedback or suggestions, you acknowledge and agree to the following:

Voluntary Submission: Any feedback, suggestions, ideas, or other information submitted to Black Sails through the website or other communication channels are voluntary and non-confidential. Black Sails shall be free to use, disclose, reproduce, modify, or distribute such submissions without any obligations or restrictions.

Ownership and Intellectual Property: You acknowledge that any feedback or suggestions you provide do not grant you any ownership or intellectual property rights. Black Sails retains all rights, title, and interest in and to the feedback and suggestions.

Non-Confidentiality: Black Sails does not guarantee the confidentiality of any feedback or suggestions. You should not submit any information or ideas that you consider confidential or proprietary.

User Responsibility: You are solely responsible for the content of your feedback or suggestions and ensure that it does not violate any third-party rights or applicable laws. You agree not to submit any feedback or suggestions that are unlawful, defamatory, infringing, obscene, or otherwise objectionable.

No Obligation: Black Sails is under no obligation to implement or consider any feedback or suggestions provided by users. The decision to incorporate any feedback or suggestions into its services or products is solely at the discretion of Black Sails.

Indemnification: You agree to indemnify, defend, and hold Black Sails harmless from any claims, damages, liabilities, or expenses arising out of or related to your feedback or suggestions, including any third-party claims alleging infringement of intellectual property rights.

By providing feedback or suggestions, you acknowledge that Black Sails may already be working on similar ideas or may have received similar suggestions from other sources. You understand that you will not be entitled to any compensation or acknowledgement for the feedback or suggestions provided.

Services Offered

Black Sails

Black Sails offers technology services aimed at individuals, businesses, and organisations looking to participate in the digital economy, establish an online presence, or undergo digital transformation. These services include but are not limited to:

WordPress: Custom website development, theme customisation, and plugin integration.

Shopify: E-commerce store setup, customisation, and optimisation.

Strapi: Headless CMS implementation and configuration.

SEO: Search Engine Optimisation strategies to improve website visibility and organic traffic.

AdWords: Google Ads campaign management and optimisation.

Facebook Marketing: Social media advertising and marketing campaigns.

Black Sails Solutions

Black Sails Solutions specialises in bespoke software development to meet the unique needs of third-party clients. The services provided include:

UI/UX Design: User interface and user experience design for intuitive and engaging digital products.

Front End Development: Creation of visually appealing and responsive front-end interfaces using industry-standard technologies.

Back End Development: Development of robust and scalable back-end systems to power web and mobile applications.

Black Sails Research

Black Sails Research offers research and development capabilities in emerging and unknown realms of technology. The services provided include:

AI (Artificial Intelligence): Development of AI-driven solutions and algorithms

IoT (Internet of Things): Creation of interconnected systems and devices.

Blockchain: Development of blockchain-based applications and smart contracts.

Research Projects: Exploratory research initiatives focused on cutting-edge technologies and solutions.

User Accounts

Registration and Account Creation

Eligibility: Users must be at least 18 years old or have reached the age of legal consent in their jurisdiction to create an account. By registering, users represent that they meet these criteria and provide accurate and complete information.

Account Creation: Users can create an account by providing the necessary information, which may include their name, email address, and password. They are responsible for maintaining the confidentiality of their account credentials.

Account Responsibilities

Account Usage: Users are solely responsible for all activities conducted through their accounts. They must not share their account credentials with others or allow unauthorised access to their account.

Accurate Information: Users must provide accurate and up-to-date information during the registration process and promptly update their account details if any changes occur.

Security Measures: Users are encouraged to use strong and unique passwords, enable two-factor authentication if available, and promptly notify Black Sails if they suspect any unauthorised access or security breach.

Account Termination

User Termination: Users have the right to terminate their account at any time by following the account closure procedure specified on the Black Sails website. Termination will result in the deletion of their account and associated data, subject to any legal obligations for data retention.

Black Sails Termination: Black Sails reserves the right to terminate or suspend a user’s account, temporarily or permanently, at its discretion if the user violates the Terms of Service or engages in any activity that may harm Black Sails, other users, or third parties.

Consequences of Termination: Upon account termination, users may lose access to certain features, services, or content provided by Black Sails. Any outstanding obligations, such as payment for services rendered, shall remain in effect even after account termination.

Privacy and Data Protection

Data Collection and Use

Black Sails understands the importance of protecting user privacy and is committed to safeguarding personal information in accordance with applicable data protection laws. This section outlines how data is collected and used when users access and interact with the Black Sails website.

Collection of Personal Information

Black Sails may collect personal information from users, such as names, email addresses, contact information, and any other necessary details for providing the requested services. Users may voluntarily provide this information through forms, account registration, or communication with Black Sails.

Black Sails may also collect certain non-personal information automatically, such as IP addresses, browser types, device information, and browsing activities. This information is collected through cookies and similar tracking technologies. Users have the option to manage cookie preferences as outlined in the Cookie Policy.

Use of Personal Information

Black Sails uses personal information to provide and improve its services, communicate with users, process orders and payments, personalise user experience, and respond to inquiries or support requests.

Personal information may be used for marketing purposes, such as sending promotional materials or newsletters. Users have the option to opt out of receiving marketing communications.

Black Sails may share personal information with trusted third-party service providers who assist in operating the website, delivering services, or conducting business activities on behalf of Black Sails. These third parties are required to protect personal information and use it only for authorised purposes.

Data Retention

Black Sails retains personal information for as long as necessary to fulfil the purposes for which it was collected, comply with legal obligations, resolve disputes, and enforce agreements.

Users have the right to request the deletion of their personal information, subject to certain exceptions and legal requirements.

Data Security

Black Sails employs reasonable security measures to protect personal information from unauthorised access, use, or disclosure. However, no data transmission over the internet or storage system can be guaranteed to be 100% secure.

Children’s Privacy

Black Sails does not knowingly collect personal information from individuals under the age of 13. If it is discovered that personal information of a child has been inadvertently collected, Black Sails will take prompt measures to delete the information from its records.

Consent and Rights

By using the Black Sails website, users consent to the collection, use, and processing of their personal information as described in this section.

Users have the right to access, update, correct, or delete their personal information, and can exercise these rights by contacting Black Sails as provided in the Contact Information section.

Cookies and Tracking Technologies

Cookies and Similar Technologies

The Black Sails website may use cookies, web beacons, and other tracking technologies to enhance user experience, personalise content, and gather information about user interactions with the website.

Cookies are small data files that are stored on the user’s device and can be accessed by the website. They enable certain features and functionality of the website, such as remembering user preferences and login information.

Other tracking technologies, such as web beacons, may be used to collect information about user behaviour, including pages visited, links clicked, and other actions taken on the website.

Types of Cookies Used

Essential Cookies: These cookies are necessary for the proper functioning of the website and cannot be disabled. They enable basic features such as page navigation and access to secure areas of the website.

Analytics Cookies: These cookies collect information about how users interact with the website, such as the number of visitors, pages viewed, and time spent on the site. This data is used to improve the performance and user experience of the website.

Advertising Cookies: These cookies track user activity across different websites to display personalised advertisements. They may also be used to measure the effectiveness of advertising campaigns.

Preference Cookies: These cookies remember user preferences and settings to provide a customised browsing experience. They can include language preferences, font sizes, and other personalised settings.

Third-Party Cookies

The Black Sails website may allow third-party cookies from service providers, such as analytics or advertising platforms. These third parties may collect and use information about user interactions with the website for their own purposes, in accordance with their respective privacy policies.

Users are encouraged to review the privacy policies of these third-party service providers to understand how their data is collected and processed.

Cookie Management

Users have the option to manage cookie preferences through their web browser settings. Most web browsers allow users to accept, decline, or delete cookies. However, disabling certain cookies may impact the functionality and user experience of the Black Sails website.

By continuing to use the Black Sails website, users consent to the use of cookies and tracking technologies in accordance with this Terms of Service and Privacy Policy.

Third-Party Disclosure

Disclosure of Information: Black Sails understands the importance of protecting your personal information and will not disclose any personally identifiable information to third parties without your explicit consent, except as outlined in the Privacy Policy or as required by law.

Service Providers: Black Sails may engage trusted third-party service providers to perform various functions necessary to provide and improve the services. These service providers may have access to your personal information solely for the purpose of performing their functions on behalf of Black Sails and are obligated to maintain the confidentiality and security of your information.

Business Transfers: In the event of a merger, acquisition, or sale of all or a portion of Black Sails’s assets, your personal information may be transferred to the acquiring entity as part of the transaction. Black Sails will notify you of any such change in ownership or control of your personal information.

Legal Compliance: Black Sails reserves the right to disclose your personal information if required by law or in response to a valid legal request, such as a subpoena, court order, or government agency’s request.

Aggregated and Anonymised Information: Black Sails may share aggregated and anonymised information that does not personally identify you with third parties for various purposes, such as analytics, research, or marketing.

It’s important to note that while Black Sails takes reasonable measures to protect your personal information, no method of transmission or storage is completely secure. You acknowledge and understand that the internet is not entirely secure, and you use the Black Sails website and services at your own risk.

For more specific details and provisions regarding the handling of personal information and third-party disclosure, please refer to the Privacy Policy, which is incorporated by reference into these Terms of Service.

Data Security

Black Sails Digital (Pty) Ltd (“Black Sails”) is committed to ensuring the security and protection of user data. This section outlines the measures taken to safeguard user data and protect against unauthorised access, disclosure, alteration, or destruction.

Confidentiality:

Black Sails will treat user data as confidential and will only access, use, or disclose it as outlined in the Privacy Policy.

Black Sails will implement appropriate safeguards to protect the confidentiality of user data.

Security Measures:

Black Sails will employ industry-standard security measures to protect user data from unauthorised access, such as encryption, firewalls, and secure socket layer (SSL) technology.

Regular security assessments and audits will be conducted to identify and address any vulnerabilities in the system.

Access to user data will be restricted to authorised personnel who have a legitimate need for such access.

Data Storage and Retention:

User data will be stored on secure servers with reputable hosting providers.

Black Sails will retain user data only for as long as necessary to fulfill the purposes outlined in the Privacy Policy, or as required by applicable laws and regulations.

Upon request or termination of an account, Black Sails will securely dispose of or anonymise user data in accordance with its data retention policies.

User Responsibilities:

Users are responsible for maintaining the security of their account credentials and should take necessary precautions to prevent unauthorised access to their accounts.

Users should promptly notify Black Sails of any suspected unauthorised access or security breaches.

Limitations:

While Black Sails implements reasonable security measures, no method of transmission or storage is completely secure. Therefore, Black Sails cannot guarantee the absolute security of user data.

Privacy Rights

Data Collection and Use:

Black Sails acknowledges the importance of protecting user privacy. The Privacy Policy outlines the types of data collected, including personally identifiable information (PII) and non-personally identifiable information (NPII), and the purposes for which the data is collected.

Black Sails will only collect and process user data in accordance with applicable data protection laws and regulations.

Users have the right to know what personal data is being collected, how it is used, and to provide or withdraw consent for data collection and processing.

Cookies and Tracking Technologies:

The Black Sails website may use cookies and other tracking technologies to enhance user experience, improve website performance, and gather analytical information.

The Cookies Policy explains how Black Sails uses cookies, the types of cookies used, and users’ options for managing cookies.

Third-Party Disclosure:

Black Sails may share user information with third-party service providers or business partners involved in providing the requested services. Any such sharing of data will be done in compliance with applicable data protection laws and with appropriate safeguards.

Black Sails will not sell, rent, or lease user data to third parties for their own marketing purposes without explicit consent.

Data Security:

Black Sails implements reasonable security measures to protect user data against unauthorised access, disclosure, alteration, or destruction.

While Black Sails strives to ensure the security of user data, no method of data transmission over the internet or electronic storage is completely secure. Users are responsible for taking necessary precautions to protect their personal information.

Privacy Rights:

Users have the right to access, correct, update, or delete their personal data held by Black Sails, subject to any legal requirements.

Users can exercise their privacy rights or submit any privacy-related inquiries or requests by contacting Black Sails through the provided contact information.

Payment Terms

Pricing and Payment

Pricing: The prices for the products and services offered by Black Sails are displayed on the website and are subject to change without prior notice. All prices are in the local currency and are inclusive of applicable taxes, unless stated otherwise.

Payment Methods: Black Sails accepts various payment methods, including credit/debit cards, bank transfers, and digital wallets. Users are responsible for providing accurate and up-to-date payment information.

Payment Authorisation: By providing payment information, users authorise Black Sails to charge the designated payment method for the total amount of the purchase, including any applicable fees and taxes.

Currency Conversion: For international transactions, the final price may be subject to currency conversion fees or exchange rate fluctuations, which are determined by the user’s bank or payment provider.

Refunds and Cancellations

Refund Policy: Black Sails strives to provide high-quality products and services. In the event of any dissatisfaction, users may request a refund within a specified timeframe, as outlined in the Refund Policy available on the website. Refund eligibility will be assessed on a case-by-case basis.

Cancellation of Services: Users can request the cancellation of services in accordance with the terms and conditions specific to each service. Some services may have cancellation fees or specific notice periods, which will be communicated to the user prior to purchase.

Payment Disputes

Payment Dispute Resolution: In the event of any payment disputes, users are encouraged to contact Black Sails’s customer support promptly. The company will investigate the matter and work towards a fair resolution.

Chargebacks: Users are advised to contact Black Sails’s customer support before initiating any chargebacks with their payment provider. Chargebacks initiated without prior communication may result in the suspension or termination of user accounts.

Intellectual Property

Ownership of Content

All content provided by Black Sails Digital (Pty) Ltd (“Black Sails”) on the website, including but not limited to text, graphics, logos, images, videos, audio, software, and other materials, is the exclusive property of Black Sails or its licensors.

1.2.Users acknowledge and agree that the content provided by Black Sails is protected by copyright, trademark, and other intellectual property laws.

1.3.Users are granted a limited, non-exclusive, non-transferable right to access and use the content solely for personal, non-commercial purposes in accordance with the Terms of Service.

Trademarks

2.1.All trademarks, service marks, logos, and trade names displayed on the Black Sails website are the property of Black Sails or their respective owners.

2.2.Users are prohibited from using any trademarks, service marks, logos, or trade names without the prior written permission of Black Sails or the respective owner.

User-Generated Content

3.1.Users may have the opportunity to submit or upload content to the Black Sails website, including reviews, comments, and other user-generated content.

3.2.By submitting or uploading user-generated content, users grant Black Sails a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the user-generated content in connection with the Black Sails website and its services.

3.3.Users represent and warrant that they have the necessary rights, permissions, and licenses to submit or upload user-generated content, and that the content does not infringe upon the rights of any third party.

Black Sails reserves the right to remove or disable access to any user-generated content that violates these Terms of Service or infringes upon the rights of others.

Dispute Resolution

Governing Law

Any disputes arising out of or related to the Terms of Service or the use of the Black Sails website shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law principles.

Jurisdiction

Any legal action or proceeding arising out of or related to the Terms of Service or the use of the Black Sails website shall be subject to the exclusive jurisdiction of the courts located in, New South Wales, Australia.

Dispute Resolution Process

In the event of any dispute, the parties agree to first attempt to resolve the matter through good-faith negotiations. Either party may initiate the dispute resolution process by providing written notice to the other party, describing the nature of the dispute and the desired resolution.

Mediation

If the parties are unable to resolve the dispute through negotiations, they agree to submit the dispute to mediation. The mediation shall be conducted by a neutral third party mediator mutually agreed upon by both parties. The mediator’s role will be to facilitate discussions and assist the parties in reaching a mutually satisfactory resolution.

Arbitration

If mediation fails to resolve the dispute within a reasonable time or is not agreed upon by both parties, any unresolved dispute shall be finally settled by binding arbitration. The arbitration shall be conducted in accordance with the rules of the Australian Arbitration Association. The decision of the arbitrator(s) shall be final and binding on both parties.

Class Action Waiver

To the extent permitted by applicable law, any disputes will be conducted solely on an individual basis and not on a class, representative, or consolidated action basis. The parties hereby waive any right to bring a class action or seek relief on behalf of a class of individuals in any dispute related to the Terms of Service or the use of the Black Sails website.

Limitations of Liability

Disclaimer of Warranties

The Black Sails website and services are provided on an “as is” and “as available” basis. Black Sails makes no warranties or representations, express or implied, regarding the website’s availability, functionality, accuracy, or reliability.

Black Sails disclaims all warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from the course of dealing or usage of trade.

Limitation of Liability

In no event shall Black Sails or its directors, officers, employees, affiliates, agents, or contractors be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the use or inability to use the Black Sails website or services.

Black Sails shall not be responsible for any delays, interruptions, or disruptions in the website’s availability or any errors, defects, or inaccuracies in the content provided.

Users acknowledge that the use of the Black Sails website is at their own risk and that they are solely responsible for any consequences that may arise from such use.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for certain types of damages. Therefore, the above limitations may not apply to every user, and in such cases, Black Sails’s liability shall be limited to the maximum extent permitted by law.

Users understand and agree that any claims or actions arising from their use of the Black Sails website or services must be filed within one year after the cause of action accrues. Otherwise, such claims or actions shall be permanently barred.

Termination

Termination by Black Sails

10.1.1.Black Sails reserves the right to terminate or suspend a user’s access to the services provided on the Black Sails website, in whole or in part, without prior notice or liability, for any reason, including but not limited to:

10.1.1.1.Violation of the Terms of Service

10.1.1.2.Non-compliance with applicable laws or regulations

10.1.1.3.Suspected fraudulent or illegal activities

10.1.1.4.Protection of Black Sails’s rights, property, or interests

10.1.1.5.Disruption or interference with the proper functioning of the services

Termination by User

10.2.1.Users have the right to terminate their account or discontinue the use of the Black Sails services at any time.

10.2.2.Termination can be initiated by contacting Black Sails’s customer support or using the account termination options available on the website.

Consequences of Termination

10.3.1.Upon termination, users will lose access to their account and any associated data or content. Black Sails will not be liable for any loss of data or content resulting from termination.

10.3.2.Termination does not relieve users of any obligations or liabilities accrued prior to termination.

10.3.3.Certain provisions of the Terms of Service that, by their nature, should survive termination (such as intellectual property rights, limitation of liability, and dispute resolution) shall continue to apply.

General Provisions

Entire Agreement

This Terms of Service document constitutes the entire agreement between Black Sails Digital (Pty) Ltd and the users of the Black Sails website, superseding any prior agreements, understandings, or communications, whether written or oral, regarding the subject matter herein.

By accessing or using the Black Sails website, you acknowledge and agree that this Terms of Service document encompasses the entire agreement and understanding between you and Black Sails, governing your use of the website and its services.

Any additional terms or conditions provided by Black Sails in connection with specific services shall be considered an integral part of this agreement and shall prevail in the event of any conflict or inconsistency with this Terms of Service document.

No waiver of any provision of this agreement shall be deemed a further or continuing waiver of such provision or any other provision. If any provision of this agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. You may not assign or transfer any rights or obligations under this agreement without the prior written consent of Black Sails.

This agreement shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of laws principles. Any dispute arising out of or in connection with this agreement shall be submitted to the exclusive jurisdiction of the courts located in Australia.

By accessing or using the Black Sails website, you expressly acknowledge that you have read, understood, and agreed to be bound by all the terms and conditions set forth in this entire agreement, as well as any additional terms and policies referenced herein.

 

Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall be deemed severable from the remaining provisions of the Terms, and the validity and enforceability of the remaining provisions shall not be affected. The parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely aligns with the original intent of the Terms.

In the event that any part of the Terms is deemed unenforceable, the parties agree that such invalidity or unenforceability shall not invalidate the entire Terms, and the remaining provisions shall continue to be binding and enforceable between the parties.

The failure of Black Sails to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, unless acknowledged and agreed to in writing by Black Sails.

This Severability clause ensures that if any provision of the Terms is deemed invalid, illegal, or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The clause also establishes the intention to replace any invalid provision with a valid one to maintain the original intent of the Terms. It further clarifies that the invalidity of a provision does not invalidate the entire Terms, and that Black Sails’s failure to enforce any right or provision does not waive its right to enforce such provision in the future, unless explicitly stated otherwise in writing.

 

Waiver

Black Sails’s failure to enforce any provision of these Terms of Service shall not be deemed a waiver of such provision or of the right to enforce it in the future. Any waiver of any provision of these Terms of Service will only be effective if it is in writing and signed by an authorised representative of Black Sails.

The waiver of any breach or default under these Terms of Service will not constitute a waiver of any subsequent breach or default. No waiver by Black Sails of any right under these Terms of Service will be deemed to be a waiver of any other right or provision.

The exercise of any rights or remedies provided under these Terms of Service shall be without prejudice to any other rights or remedies available to Black Sails under applicable law or in equity.

Any waiver granted by Black Sails shall be strictly construed as limited to the particular matter waived and shall not affect or impair any other rights or remedies in any way.

In the event that Black Sails grants a waiver, it shall not be deemed a continuing waiver unless expressly stated, and the waiver shall not operate as a bar to any future exercise of Black Sails’s rights or remedies.

The absence of strict enforcement of any provision of these Terms of Service by Black Sails does not constitute a waiver of Black Sails’s right to enforce such provision or any other provision in the future.

By using the Black Sails website or services, you acknowledge and agree that any waiver by Black Sails of any provision of these Terms of Service shall be made at its sole discretion and does not constitute a waiver of any other rights or remedies.

 

Assignment

The user acknowledges and agrees that Black Sails may assign, transfer, or delegate any of its rights and obligations under these Terms of Service to any third party without prior notice or consent. The user may not assign, transfer, or delegate any of their rights or obligations under these Terms of Service without the express written consent of Black Sails.

Any purported assignment, transfer, or delegation in violation of this provision shall be null and void. Black Sails shall have the right to enforce these Terms of Service against any successor or assignee of the user.

The assignment provision shall be binding upon and inure to the benefit of the parties and their respective successors, assigns, and legal representatives.

The user acknowledges that any assignment, transfer, or delegation by Black Sails does not relieve them of their obligations under these Terms of Service.

 

Survival

In the event of any termination or expiration of this agreement, certain provisions shall survive to ensure the continued validity and enforcement of the rights and obligations of the parties. The following provisions shall survive the termination or expiration of this agreement:

Intellectual Property: The provisions related to intellectual property ownership and rights shall continue to be in effect, ensuring the protection of Black Sails’s intellectual property and any applicable third-party intellectual property rights.

User Content: Any provisions governing user-generated content, including licenses and permissions granted by users, shall survive to maintain the rights and obligations related to the submitted content.

Privacy and Data Protection: The provisions related to data protection, privacy rights, and confidentiality obligations shall continue to apply to any personal information collected or processed during the term of the agreement.

Limitation of Liability: The provisions limiting liability and disclaiming warranties shall remain in effect to the extent permitted by applicable laws, protecting both Black Sails and users from potential claims and damages.

Dispute Resolution: The provisions governing the resolution of disputes, including choice of law, jurisdiction, and dispute resolution processes, shall survive to resolve any claims or disputes arising from the use of Black Sails’s services.

The survival of these provisions ensures the ongoing protection of rights, obligations, and legal remedies even after the termination or expiration of the agreement, maintaining clarity and continuity for both Black Sails and its users.

 

Force Majeure

In the event that either party is unable to perform its obligations under these Terms of Service due to circumstances beyond its reasonable control, such as acts of God, natural disasters, fires, epidemics, governmental actions, or any other events that are unforeseeable and beyond the control of the party (“Force Majeure Event”), the affected party shall be excused from performance during the continuance of the Force Majeure Event.

The party experiencing a Force Majeure Event shall promptly notify the other party in writing of such event, providing detailed information about the circumstances and the expected impact on the performance of obligations under these Terms of Service.

During the Force Majeure Event, the obligations of the affected party that are affected by such event shall be suspended for the duration of the Force Majeure Event. The party experiencing the Force Majeure Event shall take all reasonable steps to mitigate the effects of the event and resume full performance as soon as reasonably practicable after the event ceases.

If a Force Majeure Event continues for a period of more than [insert number of days or a specific duration], either party may choose to terminate these Terms of Service by providing written notice to the other party, without incurring any liability for such termination.

Neither party shall be liable to the other for any delay or failure in the performance of its obligations under these Terms of Service to the extent caused by a Force Majeure Event.

The party invoking the Force Majeure Event shall be required to provide reasonable evidence of the existence and impact of such event and shall make reasonable efforts to minimise the effects of the event on the performance of its obligations.

 

Headings

The headings used in this Terms of Service document are provided for convenience and ease of reference only. They do not have any legal or contractual significance and should not be considered as part of the actual agreement between the user and Black Sails. The headings do not limit or affect the interpretation or scope of any section or provision contained within this document.

 

Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service or the Black Sails website, please contact us at the following:

Black Sails Digital (Pty) Ltd

3/55 Pyrmont Bridge Road, Pyrmont, NSW 2009

Email: hello@blacksails.com.au

We strive to respond to all inquiries promptly and address any issues or inquiries you may have. Please provide detailed information about your query or concern to help us assist you more effectively.

Thank you for choosing Black Sails. We value your trust and look forward to serving you.

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