BLACK PLUM®


 TERMS & CONDITIONS 

Terms of Use


  • Welcome to www.blackplum.in. This Site is owned by BLACK PLUM® THESE TERMS GOVERN THE USE OF THIS SITE AND ALSO APPLY TO PURCHASES FROM THIS SITE. Your use of this Site or any purchase in this Site constitutes your agreement to follow and be bound by these terms. BLACK PLUM® may modify or change these terms at any time, without prior notice. Your continued use of this Site following any such change constitutes your agreement to follow and be bound by the terms as modified. If at any time you do not agree to or fail to abide by these terms you are no longer permitted to use this Site or make purchases from this Site. BLACK PLUM® may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Site at any time and for any reason, without any liability to BLACK PLUM®, subject to applicable law. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site.
    "Your Information" is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any email feature. BLACK PLUM® will protect Your Information in accordance with our Privacy Policy. If you use the Site, you are responsible for restricting access to your account, and you agree to accept responsibility for all activities that occur under Your account. We shall not be liable to any person for any loss or damage that may arise as a result of any failure by you to protect your account. We reserve the right to refuse service, terminate accounts, or remove or edit content at its sole discretion. You may be required to enter your contact details such as name, address, and email ID in order to access certain services or areas of the Site. Your account login credentials are for your personal use only, and you will not share these with any individual or third party. You are responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You are entirely responsible for the security and confidentiality of your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of this Site and the services provided on this Site.
    You agree that you will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without BLACK PLUM® express written permission. Additionally, you agree that you will not: (i) take any action that imposes or may impose in BLACK PLUM® sole discretion an unreasonable or disproportionately large load on BLACK PLUM® infrastructure; (ii) interfere or attempt to interfere with the proper working of this Site or any activities conducted on this Site; or (iii) bypass any measures BLACK PLUM® may use to prevent or restrict access to this Site.
    The Terms are effective upon acceptance and govern the relationship between you and us including the sale and supply of any product(s) on our Site. In the event the Terms conflict with any other document/policy/content on our website, the Terms will prevail over them, for the purposes of usage of the Site. If you do not agree to be bound by the Terms and the Privacy Policy, you may not use our website in any way and should exit immediately. The terms & conditions set out in this Site may be altered/amended from time to time depending on the policies of BLACK PLUM® and the prevailing market conditions. BLACK PLUM® requests you to read and understand them as often as possible as it may not be possible for BLACK PLUM® to intimate you of every change that occurs in these terms & conditions.

  • Eligibility to Use

    Use of the Site is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e., under the age of 18 years, you shall not register as a User of the Site and shall not transact on or use the Site. As a minor, if you wish to use or transact on our Site, such use or transaction on the Site shall be made by your legal guardian or parents. BLACK PLUM® reserves the right to terminate your subscription and/or refuse to provide you with access to the Site if it is discovered that you are under the age of 18 years.
    You also agree to provide true, accurate, current and complete information about yourself as prompted by our Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or BLACK PLUM® (we) has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BLACK PLUM® has the right to suspend or terminate your account and refuse any and all current or future use of our Site (or any portion thereof).
    You may not have more than one account. Maintaining more than one account by a user shall amount to a fraudulent act on the part of the user and attract actions against such user in accordance with the terms of the clause relating to Fraudulent Transactions (below). Additionally, you are prohibited from selling, trading, or otherwise transferring your Site account to another party. BLACK PLUM® owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to BLACK PLUM® or payments made by your credit card by any third party. Unless otherwise specified, the materials on this Site are directed solely at those who access this web from India. We make no representation that any products or services referred to in the materials on this Site are appropriate for use, or available outside India. Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the Products only within in India and will not be liable for any claims relating to any products ordered from outside India. We retain the right to accept or reject the order.

  • Unlawful or Prohibited Uses

    The Site may only be used for lawful purposes in accordance with the terms of this Terms of Use. As a condition of your use of this Site, you warrant to BLACK PLUM® that you will not use the Site for any purpose that is unlawful or prohibited by this Terms of Use. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

  • Make any commercial use of the Site or its Contents (as defined below), including making any collection or use of any product listings, descriptions, prices or images;
  • Download, copy or transmit any Contents for the benefit of any other merchant or for commercial purposes;
  • Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than by generally publicly available browsers;
  • Frame, mirror or use framing techniques on any part of the Site without BLACK PLUM® express prior written consent;
  • Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Content, account information, product listings, descriptions, prices or images, except pursuant to this Terms of Use;
  • Use any meta tags or any other hidden text utilizing BLACK PLUM® name or other trademarks;
  • Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that BLACK PLUM® endorses any statement you make;
  • Use a buying agent to conduct transactions on the Site;
  • Making purchases on the Site for the purposes of reselling BLACK PLUM® products;
  • Conduct unlawful or fraudulent activities on the Site;
  • Violate or attempt to violate the security of the Site, whether in an automated fashion or otherwise, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are (a) not authorized to access or, (b) in the case of a user account, not the registered user of such account; (ii) trying to change the behaviour of the Site; (iii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Site) or to the Site;
  • Send unsolicited or unauthorized emails on behalf of BLACK PLUM®, including promotions and/or advertising of BLACK PLUM® products or BLACK PLUM® services;
  • Tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
  • Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity;
  • Harvest or collect personally identifiable information about other users of the Site;
  • Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
  • Use the Site to advertise or offer to sell or buy any goods or services without BLACK PLUM® express prior written consent;
  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site (or content thereof);
  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
  • Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
  • User Comments, Feedback and Other Submissions

    All comments, reviews, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to BLACK PLUM® on or by this Site or through other means (including via Customer Care calls or by mail) or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain the property of BLACK PLUM®. Such disclosure, submission or offer of any Comments shall constitute an assignment to BLACK PLUM® of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, BLACK PLUM® will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. BLACK PLUM® is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

    You agree that no comments submitted by you to this Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to this Site will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. BLACK PLUM® reserves the right to remove any user Comments from this Site, for any reason and at any time, at its sole discretion. This right imposes no affirmative obligation on BLACK PLUM® to remove any comment, and you shall retain sole responsibility for the content of any Comments submitted by you to this Site whether or not BLACK PLUM® chooses to exercise this right. You agree that BLACK PLUM® may use and/or disclose information about your demographics and use of this Site in any manner that does not reveal your identity.

  • BLACK PLUM® Communications to You

    Emails, SMS and other means including social media and WhatsApp:

    Through your use of this Site, you may be asked to provide BLACK PLUM® with your personal email address & contact details. If you choose to provide your personal email address & contact details, you expressly agree that BLACK PLUM® may contact you or send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of BLACK PLUM®'s products or BLACK PLUM® services, or for such other purpose(s) as BLACK PLUM® deems appropriate. If you provide us with your email address and then wish to opt-out, you can:

  • Send an email to contact@blackplum.in and ask that you be removed from BLACK PLUM®'s list.
  • Calling us at 01681-313662(Monday to Saturday, IST 10:00 AM to 5:00 PM), or
  • Write us at the addresses given in the link contact us.

    • For customer service related to email, text messages or any other communication you receive from BLACK PLUM®, please call to 01681-313662 (Monday to Saturday, IST 10:00 AM to 5:00 PM), or for additional information, visit this Site's Privacy Policy at Privacy Policy.

  • Pricing and Product Information

    BLACK PLUM® attempts to ensure that information on this Site is complete, accurate, and current. Despite BLACK PLUM® efforts, the information on this Site may occasionally be inaccurate, incomplete, or out of date. Except as prohibited by applicable law, BLACK PLUM® makes no representation as to the completeness, accuracy, or currency of any information on this Site. For example, products included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. BLACK PLUM® may make changes in information about price and availability without notice. Further, all product descriptions and offerings are subject to change by BLACK PLUM® at any time without notice. BLACK PLUM® strives to provide correct pricing information. However, in the event that pricing errors occur BLACK PLUM® reserves the right to cancel any order containing pricing inaccuracies, regardless of the receipt by you of any order or shipping confirmation. While it is BLACK PLUM® practice to confirm orders by email, the receipt of an email order confirmation does not constitute BLACK PLUM® acceptance of an order or BLACK PLUM® confirmation of an offer to sell a product or service. BLACK PLUM® reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. BLACK PLUM® also may require verification of information prior to the acceptance and/or shipment of any order and may require you to acknowledge that you are not placing an order for the purpose of reselling BLACK PLUM® products.

    When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, the risk of loss and title for items purchased from this Site passes to you upon delivery of the items to the carrier.

  • Product Purchases

    If you wish to purchase any product made available through the Site (a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant BLACK PLUM® the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgement or completion of any Timelines /Eventsandaction.

  • Quantity Limitation

    BLACK PLUM® offers merchandise to consumers through this Site. BLACK PLUM® may from time to time, at its sole discretion, reject or limit quantities on orders placed by the same individual or account, orders placed by the same credit card, and/or orders placed using the same shipping or billing address. In addition, BLACK PLUM® reserves the right, in its sole discretion, to reject any sale or order or limit the quantity of any purchase, to a reseller. A reseller is defined as any individual that purchases goods with the intention of selling them to others, and not solely for personal use. Notwithstanding anything to the contrary, BLACK PLUM® does not offer additional discounts on any purchase made with the intent to resell.

  • Cancellation by BLACK PLUM®

    Please note that there may be certain orders that BLACK PLUM® are unable to accept and must cancel. BLACK PLUM® reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by the Bank's or Payment Gateway's credit and fraud detection department. BLACK PLUM® may also require additional verifications or information before accepting any order. BLACK PLUM® will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after you have paid the amount, the said amount will be reversed back in your Bank or Credit Card Account, as per our Refund policy.

  • Cancellation by Customer

    In case of requests for order cancellations, BLACK PLUM® reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, If BLACK PLUM® receive a cancellation notice and the order has not been processed / approved by BLACK PLUM®, BLACK PLUM® shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only if they are made as per the timelines / events mentioned below. BLACK PLUM® will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of such timelines / events as mentioned below. BLACK PLUM® have the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by BLACK PLUM® and accept BLACK PLUM® decision regarding the cancellation. In the event of cancellation of order by the customer, we shall not refund the voucher, if any used against such order.

  • Timelines /Events

    As per the policies of BLACK PLUM®, cancellations are allowed in 2 different stages: 1. Cancellation Before dispatch Cancel via 'My Account' on www.blackplum.in or call us at 01681-313662 (Monday to Saturday, IST 10:00 AM to 5:00 PM). 2. Cancellation After dispatch You cannot cancel your order after the same has been dispatched from our warehouse. However, you may refuse to accept the consignment if you wish to cancel the order. You may call our Customer Support Centre to Trademark Credits to inform us about such a refusal. In case your order has been delivered, you can still return it. Please refer to the Returns Policy for details relating to the same.

  • Rules for Promotions

    If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy at Privacy Policy.

  • Site Contents

    Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by BLACK PLUM® and its subsidiaries and/or affiliates. Further, the collection, arrangement and assembly of the Contents are the exclusive property of BLACK PLUM®. BLACK PLUM® and its licensors expressly reserve all intellectual property rights in all Contents. Unauthorized use of BLACK PLUM® protected properties is prohibited. You may not modify in any way any part of this Site or the information and data listed. No portion of these materials may be reprinted, copied or republished in any form without the prior written permission of BLACK PLUM®. You may, however, download and copy items such as store locations or product descriptions displayed for personal, non-commercial use only.
    No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, this Site, or any related software. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of this Site and services offered by this Site.

  • Trademark Credits

    BLACK PLUM®, www.blackplum.in, used in this Site are trademarks of BLACK PLUM®. All the trademarks, product names and company names or logos cited in this Site are the property of their respective owners.

  • Credit Card/Debit card or net banking Details

    You agree, understand and confirm that the credit card/debit card or net banking details provided by you for availing of services on our Site will be correct and accurate and you shall not use a credit card/debit card or net banking that is not lawfully owned by you, i.e. in a credit card/debit card or net banking transaction, you must use your own credit card/debit card or net banking. You further agree and undertake to provide the correct and valid credit card/debit card or net banking details when making payment on our Site. BLACK PLUM® does not store any information related to your Credit card/ Debit card or net banking. In case BLACK PLUM® does not receive authorization from the respective bank or the transaction gets interrupted due to any reason, the transaction will be treated as failed and no order will be processed for that transaction. In this case, if any amount has been deducted from your account, the same will be credited back. BLACK PLUM® shall not be liable in any event, for any credit card/debit card or net banking fraud that occurs to you. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

  • Fraudulent /Declined Transactions

    BLACK PLUM® payment partner's (being the Payment Gateways and facilitators and Banks) and BLACK PLUM® fraud detection team constantly monitor your account in order to avoid fraudulent accounts and transactions. Users availing discount coupons or vouchers fraudulently shall be liable for legal actions under law and BLACK PLUM® reserves the right to recover the cost of goods, collection charges and attorney fees from persons using BLACK PLUM® Site fraudulently. BLACK PLUM® reserves the right to initiate legal proceedings against such persons for fraudulent use of BLACK PLUM® Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, BLACK PLUM® reserves the right to immediately delete such user account(s) and dishonour all past and pending orders without any liability. For the purpose of this clause, BLACK PLUM® shall owe no liability for any refunds.

  • Links to Other Sites

    The Site may contain links and interactive functionality interacting with the websites of third parties, including social media sites. BLACK PLUM® is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, BLACK PLUM® strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by BLACK PLUM® of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

  • Filtering

    We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Please note that currently we do not endorse any of such products or services.

  • Colours

    All features, content, specifications, products, and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. BLACK PLUM® has made every effort to display as accurately as possible the colours of BLACK PLUM® products that appear at this Site. However, as the actual colours you see will depend on your monitor, BLACK PLUM® cannot guarantee that your monitor's display of any colour will be accurate.

  • Disclaimer of Warranties

    BLACK PLUM® cannot and does not represent or warrant that the Site or its server will be error- free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
    THIS SITE AND ALL CONTENTS OF THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT BLACK PLUM® SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

  • Indemnification

    You agree to defend, indemnify and hold harmless BLACK PLUM®, and its respective shareholders, employees, directors, officers, and agents from and against any and all claims, damages, costs, liabilities, fines, penalties, and expenses, including reasonable attorneys' fees, arising from or related to your breach of this Terms of Use, your use of this Site, or any purchases through this Site. Neither BLACK PLUM® nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, pandemic, epidemic, war, revolution, civil commotion or acts of civil or military authorities or public enemies, any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

  • Limitation of Liability

    BLACK PLUM® SHALL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, OR TO MAKE ANY PURCHASES IN THIS SITE. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD-PARTIES. YOU ACKNOWLEDGE AND AGREE THAT BLACK PLUM® HAS NOT MADE AND IS NOT IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT, OR IN LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BLACK PLUM® DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THIS SITE, AND BLACK PLUM® SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO.

  • Class Action Waiver

    TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO SERVE AS A CLASS REPRESENTATIVE, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, CLASS ARBITRATION, CONSOLIDATION OF INDIVIDUAL ARBITRATIONS, OR OTHER PROCEEDING FILED AGAINST BLACK PLUM® AND/OR RELATED THIRD PARTIES. YOU EXPRESSLY AGREE THAT IN ANY CLAIM OR DISPUTE YOU MAY BRING AGAINST BLACK PLUM® ARISING FROM THE USE OF THIS SITE, THAT YOU SHALL NOT JOIN YOUR SUIT WITH ANY OTHER USER OF THIS SITE OR CUSTOMER OF BLACK PLUM®. YOU SHALL HAVE NO RIGHT TO HAVE ANY CLAIM OR DISPUTE LITIGATED ON A CLASS ACTION BASIS AND YOU SHALL ONLY BRING SUCH CLAIM OR DISPUTE IN YOUR INDIVIDUAL CAPACITY.

  • Jurisdiction

    This Site is displayed solely for the purpose of promoting BLACK PLUM® products and BLACK PLUM® services available in India. This Site is controlled and operated by BLACK PLUM® through its office in JIND CITY. This Site, its terms, advertisements, and offerings, including all purchases made through this Site, shall be construed in accordance with the laws of India, without regard to any conflict of law provisions.
    These Terms shall be construed in accordance with the applicable laws of India. The Courts at Jind shall have exclusive jurisdiction in any proceedings arising out of these Terms.
    In the event of any dispute or difference either in interpretation or otherwise, of any terms of these Terms of Use, the same shall be referred to an independent arbitrator who will be appointed by BLACK PLUM® and such Arbitrator's decision shall be final and binding on you. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended time to time. The arbitration shall be conducted in English language and shall be held in Jind.

  • Notice

    For details on the Notice, including details on the Grievance officer and Nodal officer, please visit this Site's Privacy Policy at Privacy Policy.

  • Termination And Survival of the Terms after the Term ends

    BLACK PLUM® may terminate these Terms at any time. Without limiting the foregoing, BLACK PLUM® shall have the right to immediately terminate your account or block your IP address, in the event of any conduct by you, that BLACK PLUM®, in its sole discretion, considers to be unacceptable, or in breach of these Terms.
    You may terminate these Terms at any time, provided that you discontinue any further use of our Site.
    Notwithstanding any other provisions of these Terms or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party including our right to any Comment will survive the expiration or termination of these Terms.

  • Entire Terms

    If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, these Terms and the Website policies constitute the entire agreement between you and BLACK PLUM® with respect to our sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site. BLACK PLUM® failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.