Terms and Condition

OVERVIEW
Welcome to Black Ocean! The terms “we”, “us” and “our” refer to Black Ocean. Black Ocean
operates this store and website, including all related information, content, features, tools,
products and services in order to provide you, the customer, with a curated shopping experience
(the “Services”). Black Ocean is powered by Shopify, which enables us to provide the Services to
you.
The below terms and conditions, together with any policies referenced herein (these “Terms of
Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your
legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service
and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you
should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in
your state or province of residence, and you have given us your consent to allow any of your minor
dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the
products or services we offer, you may be asked to provide certain information, such as your email
address, billing, payment, and shipping information. You represent and warrant that all the
information you provide in our stores is correct, current and complete and that you have all rights
necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of
your account activity. You may not transfer, sell, assign, or license your account to any other
person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in
our online stores. However, please note that colors or product appearance may differ from how
they may appear on your screen due to the type of device you use to access the store and your
device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you
will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion.
We reserve the right to discontinue any product at any time and may limit the quantities of any
products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Black Ocean reserves the right to
accept or decline your order for any reason at its discretion. Your order is not accepted until Black
Ocean confirms acceptance. We must receive and process your payment before your order is
accepted.
Please review your order carefully before submitting, as Black Ocean may be unable to accommodate
cancellation requests after an order is accepted.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify
you by contacting the email, billing address, and/or phone number provided at the time the order
was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not
for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a
product or service will be the price in effect at the time the order is placed and will be set out in your
order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes,
shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online
or other stores operated by third parties. We may offer, from time to time, promotions on the
Services that may affect pricing and that are governed by terms and conditions separate from these
Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion
terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for
all purchases made at our stores. You agree to promptly update your account and other information,
including your email address, credit card numbers and expiration dates, so that we can complete
your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and
complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred
by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at
the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not
guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or
events outside our control. Once we transfer products to the carrier, title and risk of loss passes to
you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics,
product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned
by Black Ocean, its affiliates or licensors.
Black Ocean’s names, logos, product and service names, designs, and slogans are trademarks of
Black Ocean or its affiliates or licensors. You must not use such trademarks without the prior
written permission of Black Ocean.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services,
which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without
any warranties, representations or conditions of any kind and without any endorsement. We shall
have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and
discretion and you should ensure that you are familiar with and approve of the terms on which tools
are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new
tools and resources). Such new features shall also be deemed part of the Services and are subject to
these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties
(including any embedded third party functionality). We are not responsible for examining or
evaluating the content or accuracy of any third-party materials or websites you choose to access. If
you decide to leave the Services to access these materials or third party sites, you do so at your own
risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your
purchase or use of any products, services, resources, or content on any third-party websites. Please
review carefully the third-party's policies and practices and make sure you understand them before
you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party
products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store
and should not be removed or modified.]
Black Ocean is powered by Shopify, which enables us to provide the Services to you. However, any
sales and purchases you make in our Store are made directly with Black Ocean. By using the Services,
you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you
and Black Ocean, including any injury, damage, or loss resulting from purchased products and
services. You hereby expressly release Shopify and its affiliates from all claims, damages, and
liabilities arising from or related to your purchases and transactions with Black Ocean.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be
viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy,
which can be viewed here. By using the Services, you acknowledge that you have read these privacy
policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information
about your access to and use of the Services in order to provide and improve the Services for you.
Information you submit to the Services will be transmitted to and shared with Shopify as well as third
parties that may be located in other countries than where you reside, in order to provide services to
you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your
personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews,
proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide,
sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such
Feedback in any medium for any purpose, including for commercial use. We may, for example, use
our rights under this license to operate, provide, evaluate, enhance, improve and promote the
Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you
have disclosed any compensation or incentives received in connection with your submission of
Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no
obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback;
or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole
discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary right. You further agree that your
Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain
any computer virus or other malware that could in any way affect the operation of the Services or
any related website. You may not use a false email address, pretend to be someone other than
yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely
responsible for any Feedback you make and its accuracy. We take no responsibility and assume no
liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers,
product shipping charges, transit times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders if any information is
inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the
Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any
international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe
upon or violate our intellectual property rights or the intellectual property rights of others; (d) to
harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or
any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive,
upload, download, use, or re-use any material that does not comply with the these Terms; (g) to
transmit, or procure the sending of, any advertising or promotional material, including any “junk
mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to
impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits
anyone's use or enjoyment of the Services, or which, as determined by us, may harm Black Ocean,
Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that
will or may be used in any way that will affect the functionality or operation of the Services; (b)
reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the
personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e)

interfere with or circumvent the security features of the Services or any related website, other
websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any
time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole
discretion at any time without notice, and you will remain liable for all amounts due up to and
including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property,
Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability,
Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that
by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general
information purposes. We do not warrant the accuracy, completeness, or usefulness of this
information. Any reliance you place on such information is strictly at your own risk. We disclaim all
liability and responsibility arising from any reliance placed on such materials by you or any other
visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Black Ocean, THE SERVICES AND ALL PRODUCTS OFFERED
THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY
REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE
DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW
THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY
TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Black Ocean, OUR PARTNERS,
DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR
LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR
ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF
DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF
THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM
RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT
LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR
POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Black Ocean, Shopify, and our affiliates, partners,
officers, directors, employees, agents, contractors, licensors, and service providers from any losses,
damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to

or arising out of (1) your breach of these Terms of Service or the documents they incorporate by
reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of
the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not
relieve you of your obligations unless you are materially prejudiced. We may control the defense and
settlement of such claim at your expense, including choice of counsel, but will not settle any claim
requiring non-monetary obligations from you without your consent (not to be unreasonably
withheld). You will cooperate in the defense of indemnified claims, including by providing relevant
documents.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of any other remaining
provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to
the Service constitutes the entire agreement and understanding between you and us and governs
your use of the Service, superseding any prior or contemporaneous agreements, communications
and proposals, whether oral or written, between you and us (including, but not limited to, any prior
versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the
drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under
these Terms without our prior written consent, and any such attempt will be null and void. We may
transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to
you.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be
governed by and construed in accordance with the federal and state or territorial courts in the
jurisdiction where Black Ocean is headquartered. You and Black Ocean consent to venue and
personal jurisdiction in such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or
otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of
Service by posting updates and changes to our website. It is your responsibility to check our website

periodically for changes. We will notify you of any material changes to these Terms in accordance
with applicable law, and such changes will be effective on the date specified in the notice. Your
continued use of or access to the Services following the posting of any changes to these Terms of
Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at care@blackocean.watch .
Our contact information is posted below:
India Office: BLACK OCEAN Pvt.
58, sector-2 , shanti Niketan, near chetak bridge , Bhopal, Madhya Pradesh, India – 462023
Email: care@blackocean.watch
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