Terms and Conditions

Please read these Terms and Conditions carefully before using our website.

Terms and Conditions

These Terms and Conditions (the “Terms”) tell you the rules for using our website eu.blackboughswim.com (“Our Website”).

The Company and Contact Information

The website eu.blackboughswim.com is operated by Blackbough, a brand under TEJ Natural Products Inc. (“we”, “us”, “our”, the “Company”). TEJ Natural Products Inc. is a duly registered corporation in the Republic of the Philippines with registration number A199909283.

To contact us, please email aloha@blackboughswim.com.

By Using Our Website You Accept These Terms

By using Our Website, you confirm that you accept these Terms and that you agree to comply with them.

By using Our Website, you agree to abide by the Terms of Service (“Services”). You also confirm that you are either of legal age in your location or, if you are not of legal age, that you have obtained consent from a guardian to use this site.

You agree not to use our products for any illegal or unauthorized purposes and to comply with all applicable laws, including copyright laws, in your jurisdiction.

If you do not agree to these Terms, you must not use Our Website.

We recommend that you print a copy of these Terms for future reference.

Termination Of Our Agreement

The Terms are effective unless and until terminated by either you or us. You may terminate the Terms at any time by notifying us that you no longer wish to use Our Website and Services or ceasing to use Our Website.

If, in our discretion, you fail or we suspect that you have failed to comply with any term of these Terms, your right to use Our Website and Services will cease immediately. For the avoidance of doubt, the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Terms for all purposes.

There Are Other Terms Which May Apply to You

These Terms refer to the following additional terms, which also apply to your use of Our Website:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us, including, without limitation as part of using any of our Interactive Services. By using Our Website, you consent to such processing, and you warrant that all data provided by you is accurate.

Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of Our Website. When using Our Website, you must comply with this Acceptable Use Policy.

Our Cookie Policy, which sets out information about the cookies on Our Website.

We May Make Changes to These Terms

We amend these Terms from time to time. Every time you wish to use Our Website, please check these Terms to ensure you understand the terms that apply at that time.

These Terms were most recently updated on 19 August 2024.

We May Make Changes to Our Website

We may update and make changes to Our Website from time to time. We will make reasonable efforts to notify you of any major changes.

This includes changes to product prices, which may be adjusted without prior notice.

We also reserve the right to modify or discontinue the Service (or any part or content thereof) at any time, without notice.

We are not liable to you or any third-party for any modifications, price changes, suspensions or discontinuances of the Service.

We May Suspend or Withdraw Our Website

Our Website is made available free of charge.

We do not guarantee that Our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access Our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

Our Website Is Only for Users Worldwide.

Our Website is directed to people residing worldwide. We do not represent that content available on or through Our Website is appropriate for use or available in other locations.

You Must Keep Your Account Details Safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

Services

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve:

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Certain products or services may be available exclusively online through Our Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.

We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Returns Policy.

How You May Use Material on Our Website

We are the owner or the licensee of all intellectual property rights in Our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from Our Website for your personal use and you may draw the attention of others within your organization to content posted on Our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on Our Website must always be acknowledged.

You must not use any part of the content on Our Website for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of Our Website in breach of these Terms, your right to use Our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do Not Rely on Information on This Website

The content on Our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on Our Website.

Although we make reasonable efforts to update the information on Our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on Our Website is accurate, complete or up to date.

We provide on Our Website the following interactive applications for use by registered users, and such other interactive services as we may introduce from time to time.

Occasionally there may be information on Our Website or in the Service that contains 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

User Generated Content is Not Approved by Us

Our Website may include information and materials uploaded by other users of Our Website. This information and these materials have not been verified or approved by us. The views expressed by other users on Our Website do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us by emailing aloha@blackboughswim.com.

Our Responsibility for Loss or Damage Suffered by You

You expressly agree that your use of, or inability to use, Our Website and Services are at your sole risk. Our Website and Services, and all products and services delivered to you through Our Website are (except as expressly stated by us) 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.

Please note that we only provide Our Website for domestic and private use. You agree not to use Our Website for any commercial or business purposes, and in no case shall BLACKBOUGH, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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, loss of business, business interruption, loss of business opportunity, 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 service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Uploading Content to Our Website

Whenever you make use of a feature that allows you to upload content to Our Website, or to contact with other users of Our Website, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to Our Website will be considered non-confidential and non-proprietary. You retain all your ownership rights in your content, but you are required to grant us and other users of Our Website a limited license to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload. This includes any submissions you make, whether solicited or unsolicited, such as contest entries, creative ideas, suggestions, or other materials (collectively, “comments”).

By providing comments, you agree that we may, without restriction, edit, copy, publish, distribute, translate, and otherwise use them in any medium.

We have no obligation to maintain any comments in confidence, compensate you for any comments, and respond to any comments.

We may, at our sole discretion, monitor, edit, or remove content that we find unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights, these Terms, or the standards set out in our Acceptable Use Policy.

You agree that your comments will not infringe on any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights. Additionally, your comments must not contain libelous, abusive, obscene material, or any malware that could affect the operation of Our Website.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

You must not use a false email address or impersonate someone else. You are solely responsible for the accuracy and content of your comments. We disclaim any responsibility or liability for comments posted by you or any third party.

Your submission of personal information through Our Website is governed by our Privacy Policy.

You are solely responsible for securing and backing up your content.

Prohibited Uses

In addition to the prohibitions and restrictions outlined in the Terms, you are also prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial or state regulations, rules, laws, or local regulations;

(d) to infringe upon or violate our or others’ intellectual property rights;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to 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 Our Website, the Services or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to engage in spamming, phishing, or other deceptive practices;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of Our Website, the Services or any related website, other websites, or the Internet.

We reserve the right to terminate your use of Our Website, the Services or any related website if you violate any of these prohibitions.

Rights You Are Giving Us to Use Material You Upload

When you upload or post content to Our Website, you grant us, third parties and any other users of the Website a perpetual, worldwide, non-exclusive, royalty free, transferable license to use, reproduce, distribute, prepare derivative works or, display and perform that user generated content.

We Are Not Responsible For Viruses and You Must Not Introduce Them

We do not guarantee that Our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access Our Website. You should use your own virus protection software.

You must not misuse Our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to Our Website, the server on which Our Website is stored or any server, computer or database connected to Our Website. You must not attack Our Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Website will cease immediately.

Optional Tools

We may provide you with access to third-party tools over 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 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 services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

We Are Not Responsible for Websites or Third Party Links We Link To

Where Our Website contains links to other websites, content, products, services and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with 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 should be directed to the third-party.

Rules About Linking to Our Website

You may link to Our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, or in any way changes or manipulates the information presented on Our Website.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on Our Website other than that set out above, please contact aloha@blackboughswim.com.

Which Laws of the Republic of the Philippines Apply to Any Disputes?

Please note that these Terms, their subject matter and their formation, are governed by the laws of the Republic of the Philippines. You and we both agree that the courts of the Republic of the Philippines will have exclusive jurisdiction.

1. Our Trade Marks are Registered

Our designs, prints, and other marks are trade marks of BLACKBOUGH and are registered in various countries. You are not permitted to use them without our approval.

This policy version is Version 002 dated 19 August 2024.

End of Policy.