Blink Ltd Website Terms and Conditions (Terms)
1. Your acceptance
1.1 These are the terms on which Blink Ltd Company No. C53231 (referred to as Blink, we, our or us) permits users (referred to as you or your) to access and use the BLINK LTD website (https://www.blink.mu/) (Website) including using the services and functionality made available through the Website, viewing Content (defined in clause 12) provided by Blink Ltd, communicating with Blink Ltd, reviewing product information and placing an order for products, services or both (Order) through the online store (Online Store).
1.2 You agree to be bound by these Terms when you:
(a) use, browse or access any part of the Website;
(b) register an account with the Website; or
(c) place an Order through the Online Store.
1.3 BLINK LTD may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
2. Registering an Account
2.1 You may be required to register an account to make an Order on the Online Store or access other particular areas of the Website (Account).
2.2 You warrant that all information and data provided by you in the registration is accurate, complete and up to date. You will promptly inform BLINK LTD if there is any change to this information or data.
2.3 By registering an Account, you warrant to us that you are at least 18 years of age and possess the legal authority to enter into, and use the Website in accordance with, these Terms. You agree to be financially responsible for all of your use of the Website (as well as for use of your Account by others, including without limitation minors (under 18 years old) living with you or in your care).
3.1 You may only make an Order on the Online Store by entering the Account password selected by you when registering your Account on the Website (Password). You agree that you will not disclose, or permit disclosure of, the Password to any person. You will be fully responsible for all acts and omissions of any person who enters into a transaction using your Password, as if they were your own acts and omissions. BLINK LTD will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password, and you will indemnify BLINK LTD against all loss, damage, claims, costs or demands in this regard.
3.2 You may elect to change the Password at any time using the facility provided on the Website. You must immediately notify BLINK LTD of any Password which is lost, inoperable or used in an unauthorised manner.
4. Orders for products, services or both through the Online Store
4.1 By placing an Order via the Online Store you are making an offer and commitment to purchase products, services or both in accordance with these Terms. An Order is subject to acceptance or rejection by BLINK LTD in its discretion after receipt of the Order. Provided you have not accepted delivery of the products, where possible, BLINK LTD may in its discretion permit an Order to be cancelled, but cancellations cannot be guaranteed once any applicable payment is received for the Order. The Order cannot be cancelled by you once you accept delivery of the products.
4.2 Once you have placed an Order in accordance with these Terms you will receive an email confirming the details of your Order and receipt of payment (where applicable) (Confirmation Email).
4.3 Notwithstanding anything to the contrary, while we will use best endeavours to ensure that products advertised for sale on the Website are available for purchase, we may at any time following receipt of your Order accept, decline, or limit your Order for any reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. We will issue you with a refund if your credit card has been charged or we have received payment from you, and your Order is cancelled by us.
4.4 BLINK LTD does not accept Orders via the Online Store originating from outside Mauritius.
5. Changes to products, services and pricing
5.1 We may modify prices and product and service offerings at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, changes in availability, manufacturer changes, errors in advertising, and in other circumstances).
5.2 All updates and modifications to the Website including any changes to the Content, Online Store, and all product and service pricing and offerings will be subject to these Terms. Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products that you may order through the Website. While we will use best endeavours to ensure that products advertised for sale on the Website are available for purchase, we cannot guarantee the availability of any product.
6.1 All transactions are processed in Mauritian Rupees.
6.2 Prices are inclusive of value added tax. In all other respects prices are exclusive of taxes, duties and charges imposed or levied in Mauritius in connection with the supply of goods or services.
7.1 Payment for an Order is made:
(a) online through the Online Store if you elect to have your Order delivered to you using one of our third party couriers (Online Payment); or
(b) in person if you elect to pick up your Order from our premises (In Store Payment).
7.2 We accept Online Payment using bank transfer.
7.3 You must not pay, or attempt to pay, for Orders through any fraudulent or unlawful means.
7.4 We will provide you with a receipt at time of delivery (in respect of Online Payments) or in store (in respect of In Store Payments) which specifies the total fees and charges for the products and services in your Order. These details are also available under your Account for you to refer to or print at any time for the period that your Account remains active.
8. Delivery of Orders
8.1 You must provide a physical delivery address where someone is likely to be available to accept the delivery of your Order during business hours.
8.2 Claims for damage in transit, incorrect delivery or incorrect item receipt must be reported in writing within 3 days of delivery. There is no cover offered for issues reported after this time frame.
9. Risk and title
9.1 If you elect to pick up your Order from our premises, then title and all risk of loss or damage to any product in your Order passes to you upon payment and collection from our premises.
9.2 If you elect to have your Order delivered to your address, then title to the products in your Order passes to you upon delivery.
10. Returns and refunds of an order and warranties
11.1 The Website is owned and operated by or on behalf of Blink Ltd.
11.2 All intellectual property rights (including copyright and patents) in the information, comment, content, communication, advice, text, training materials, trade marks, logos, service names and trade names of Blink Ltd, images of people or places or other content (Content) contained in the Website are owned or licensed by Blink Ltd.
11.3 The Content on the Website is for general information purposes only. BLINK LTD does not warrant or make any representations as to any third party products or services described or referred to on the Website. Any use of the Content by another person or organisation is at the user’s own risk.
11.4 The Content on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Content on the Website is not an endorsement of any organisation, product or service.
11.5 We may modify any information on the Website (including Content) at our discretion for any reason. All updates and modifications to the Website (including Content) will be subject to these Terms.
11.6 If you have a complaint regarding any Content on the Website, Blink Ltd’s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.
12. Prohibited uses
Unless expressly permitted by and in accordance with these Terms, you agree that in accessing and using the Website, you will not:
(a) download (other than page caching) or modify the Website or any portion of the Website;
(b) impersonate or falsely claim to represent a person or organisation;
(c) frame the Website without Blink Ltd’s express written permission; or
(d) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights.
13.1 The Website may contain links to other websites. We have not reviewed all of the third party websites linked on the Website and are not responsible for their content or accuracy. BLINK LTD provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement, support or sponsorship of those web sites, their operators, the goods, services or content that they describe.
14. Access and communication
14.1 BLINK LTD does not warrant that you will have continuous access to the Website. BLINK LTD will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
14.2 BLINK LTD does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
14.3 Whilst BLINK LTD takes reasonable precautions to protect information transmitted via the Website (for instance, when you access your Account, or you make a purchase, a secure connection via Secure Socket Layer technology is established with your web browser to ensure that your details are encrypted and securely communicated to us), BLINK LTD cannot and does not guarantee the security or confidentiality of these communications or the security of the Website.
14.4 BLINK LTD does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
You will fully indemnify BLINK LTD in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
(a) any breach of these Terms by you;
(b) your use of the Website; or
(c) your communications with Blink Ltd
17. Warranties, consumer guarantees and limitation of liability
18. Termination of your access to the Website
BLINK LTD may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
19. Jurisdiction and law
The terms and conditions shall be governed by the laws of the Republic of Mauritius and hence any legal proceedings should be conducted by an appropriate court of justice in Mauritius.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
21. Contacting us