Terms & Conditions

These terms and conditions govern your use of our website and services. By continuing to use our website you indicate that you accept these terms of use and that you agree to abide by them. If you do not accept these terms, please do not use the website. These terms are occasionally updated without notice, so please refer back to them in the future.

Your Rights as a Purchaser of our Products and Services

Order Process and Payment

The display of products on our website is an invitation and not an offer to sell these products to you. Products can be added to a shopping cart which is provided to us by PayPal. PayPal provides our checkout and payment solutions and will have their own terms and conditions to abide by. By using PayPal we have no access to your financial information. We reserve the right to cancel your order and will offer a full refund, for instance due to pricing errors, supply issues, fraud prevention, etc.

Upon acceptance of your order we will create an account based on your PayPal registered email and provide you with these details by email automatically as soon as we receive notification from PayPal. This account is required to access your order. You will be required to set a password before you are able to access your account. Any particular order will only become available after your payment has cleared, after which point your order will have been considered “delivered”.

With a PayPal instant payment transaction, delivery will typically take less than 30 minutes. Your delivery will be delayed if payment by made by eCheques or has been flagged for a fraud review for example.

You are required to activate a product to get the download link. This is a simple procedure, but by activating a product you are regarding as “opening” it, regardless of whether you download it. After 28 days from delivery your order is automatically activated.

Your account enables you future access to your order; however we would advise you download your product in case our website is unavailable in the future.

Your right to a refund and cancellation

In line with the Consumer Protection (Distance Selling) Regulations 2000, you have a right of cancellation within 7 days of delivery providing you have not opened your product (See activating and delivery definitions below). As a gesture of goodwill, we will offer a refund within 28 days of delivery without question, providing your product remains unopened. We reserve the right to withdraw this gesture to all new purchases without notice. To request a refund, please contact us via the “contact us” page.

Delivery is defined as the date and time that we receive notification that your PayPal payment has been cleared. In the unlikely event that there is a failure with our automatic delivery software, the time of delivery will be when we have manually notified you that your order is available for download.

Opening is defined as the date and time that you activate your product. Due to the electronic nature of our products, once you have removed the “seal” to our product by activating you have free access to it and it is considered used, regardless of whether you choose to download it or not. Activation occurs automatically after our refund period expires.

Terms of Use

If you purchase a product or service from our site you agree to abide by the appropriate licence that applied to your purchase

Linkware License

1. You must provide credit to blackaqua on the home page of any website using the icons in the form of a link to http://blackaqua.com. In the case of other electronic uses such as a program, credit may be in an about page. In the case of printed material, credit must be included (contact us for high DPI images suitable for printing). Icons may be used for commercial purposes providing you meet the terms of this licence, but a royalty free licence would present a more professional image. All or any icons used should be incorporated into a design in such a manner to make it clear that the image is not intended to be separately downloaded, copied, or distributed.
    
   The above is subject to the following restrictions. Without limitation, icons may not be used:
   • As a trademark or service mark
   • For any pornographic, unlawful purpose or use
   • Used in retail products, for example website themes and templates, icon packs
2. You may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone the icon, or the right to use an icon, and nothing you produce shall grant or purport to grant to any third party a right to use or duplicate an icon. If you want to share the icons, give them a link to the download page!
3. Modification of icons (other than scaling and file format changes) is not permitted without written permission. however the CSV country code file may be modified to suit the use of your program when used in conjunction with the icons
4. You shall indemnify and defend the >author against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) a breach of this Agreement, (ii) the use or modification of any Image or combination of any Image with any other material, (iii) your failure to abide by any restriction regarding the use of an icon, or (iv) any claim by a third party related to the use of an icon, alone or in combination with any other material.
5. blackaqua warrants ownership of the copyright for the icons
6. This Agreement shall be governed by the laws of the United Kingdom

Royalty Free License

1. Upon your payment of the purchase price for the icons you are granted a non-exclusive, non-transferable right to use and reproduce the icons in printed materials, or any electronic or digital form. All or any icons used should be incorporated into a design in such a manner to make it clear that the image is not intended to be separately downloaded, copied, or distributed.
    
   The above is subject to the following restrictions. Without limitation, icons may not be used:
   • As a trademark or service mark
   • For any pornographic, unlawful purpose or use
   • Used in retail products, for example website themes and templates, icon packs
2. "Non-transferable" means that the work you produce using an icon must be for your own use, or if purchased on behalf of your employer or client, your employer or client must be the end-user of your work. You may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone the, or the right to use an icon, and nothing you produce shall grant or purport to grant to any third party a right to use or duplicate an icon
3. You agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the icon. For example placing the icons in a publically visible folder which is easy to copy.
4. You shall indemnify and defend the author against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) a breach of this Agreement, (ii) the use or modification of any icon or combination of any icon with any other material, (iii) your failure to abide by any restriction regarding the use of an icon, or (iv) any claim by a third party related to the use of an icon, alone or in combination with any other material. The author warrants ownership of the copyright for the icon.
5. This Agreement shall be governed by the laws of the United Kingdom

General Website Terms and Conditions

Site Access

We reserve the right to withdraw or amend the service we provided on our site without notice. While we take reasonable steps to ensure our site is continuously accessible, we will not be liable if for any reason our site is unavailable at any time for any duration. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.

You will be able to access the majority of this website without registering your details with us unless you make a purchase where details will have to be registered to access your account (see below).

Intellectual Property Rights

You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.

The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent. Subject to the previous paragraph, no part of this Website may be reproduced without our prior written permission.

Information about You and Your Visits to Our Site

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Visitor Conduct, Viruses, Hacking and Other Offences

When using this website you shall not post or send to or from this Website any material that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in England and Wales.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of this section.

Links To and From Other Websites

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:

• You do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us
• You do not misrepresent your relationship with us or present any false information about us
• You do not link from a website that is not owned by you
• Your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in England and Wales.

If you choose to link to our website in breach of these conditions you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Disclaimer

We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.

The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.

Exclusion of Liability

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss (whether direct, indirect or consequential) of income or revenue, business, profits or contracts, anticipated savings, data, goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort, breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of England and Wales

Governing Jurisdiction

The Welsh courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Our Details

Our business name is blackaqua. You can contact us via the “contact us” page or via mail to
blackaqua
24, CF23 5BX
Cardiff, Cymru,
United Kingdom.