Last updated: June 1st, 2023 

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These terms of use are agreed upon by all Internet users using the website (hereinafter - the User) and Blink Material Limited (BLINK), registered in the Register of Companies under number C104318 located at Level 2, Triq L-Intornjatur, Zone 1, Central Business District, Birkirkara, CBD 1050, Malta (hereinafter - the Provider), which provides its users with the website https://www.blinkmaterials.com, hereinafter referred to as the Blink platform. 

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These terms and conditions apply between all Users of this Website (including but not limited to Members) and BLINK, the owner(s) of this Website. Additionally, these terms and conditions apply to the use of and (where applicable) purchase of BLINK Products and Services. Please read these terms and conditions carefully as they affect your legal rights. 

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In these terms and conditions, the term “use” defines all actions of an Internet user from accessing the Website, including simply opening it, regardless of the device used to access it (i.e. computer, tablet, and smartphone), type of connection (private, third party or public). wireless network) and connection points (from EUROPE or WORLDWIDE). 

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These conditions must always be observed when accessing the Website and the User agrees to them without reservation. These conditions are subject to change. The applicable terms and conditions shall be deemed to be those in effect on the Website at the time it is used. 

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If you are entering into these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorized to enter into legally binding contracts on behalf of your employer.  You further warrant that your employer agrees to be bound by these terms and conditions. 

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BLINK reserves the right to change these terms and conditions without notice, and Users agree to be bound by such changes. It is the responsibility of Users to check these terms and conditions regularly for any changes.

 

The contents of any BLINK Services or the Website do not constitute advice and may not be relied on by the customer. BLINK shall not be liable for direct, indirect, or incidental damages resulting from your use of information, commentary, advice, or other content on the Website or Services. You agree to indemnify BLINK against any actions, claims, proceedings, or liabilities arising from your use of the Website or Services. 

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BY USING OUR WEBSITE, YOU ACCEPT THESE TERMS OF USE IN FULL. IF YOU DISAGREE WITH THESE TERMS OF USE OR ANY PART OF THESE TERMS OF USE, YOU MUST NOT USE OUR WEBSITE.  

 

ABOUT BLINK SERVICE 

BLINK is a Community Intelligence platform developed to provide access to services, content, advisory support, peer-to-peer learning, and tools to support strategic and operational planning and execution. In summary, BLINK exists to continually raise the bar on Services thinking, ambition, and capabilities, building an efficient and reactive supply chain. 

BLINK is your all-in one Digital Marketplace and Services provider taking the complexity out of seaborne bulk material trading. 

BLINK supports a wide range of functionalities to help Users buy and sell commodities. 

 

​I. REGISTRATION USERS 

 

1. Eligible Users  

1.1 The Website is intended for professional use only 

BLINK website is intended for the business-to-business space and by concluding a contract User shall guarantee to be representing a natural or legal person legally constituted. 

Solely eligible to conclude contracts with BLINK are Users, i.e. natural or legal persons or legally constituted partnerships, who act in an independent professional or business capacity when concluding legal transactions. 
 
Furthermore, all Users must be persons of legal capacity, who are at least 18 years of age. Any company representative of a User concluding a contract shall guarantee to BLINK that he is authorized or commissioned by the User to execute the respective action. 
 
1.2 BLINK Absolute discretion  

BLINK shall have absolute discretion as to whether or not it accepts a particular applicant for access and participation in the Marketplace. Without limiting the foregoing, the  

In order to use the services offered on the Website, it may be necessary to create an account in which the User's personal data will be provided. The client agrees to provide accurate and complete personal data and not to misrepresent the identity of a third party, which could result in legal liability. Failing this, the Website reserves the right not to approve, suspend or delete the account. 

Apart from declaring your agreement with the validity of these General Terms and Conditions, your registration is not associated with any obligations. You can delete your entry at any time under "My Account". Simply by registering with us, you are under no obligation whatsoever to purchase any of the Services offered by us. 

If the User’s personal details change, the User is responsible for updating them himself. All changes must be notified to BLINK in writing by e-mail, fax or letter. 

 

2. Use and Conduct Restrictions 

Users are expressly forbidden to download, store, reproduce, transmit, display (including without limitation via an intranet or extranet site), copy, sell publish, distribute, provide access to Content for any purposes other than as set out herein or sub-licence, rent, lease, transfer or assign any rights in Content, to any other person, commercially exploit or use Content for any unlawful purpose. 

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With regards to the uploading or posting of User Generated Content, and the use of the site more generally, Users may not use the Website for any of the following purposes: 

• in any way which causes, or may course, damage to the Website or interferes with any other person’s use or enjoyment of the Website; 

• in any way which is harmful, unlawful, illegal, abusive, harassing, misleading, inaccurate, threatening or otherwise objectionable or in breach of any applicable law, regulations, or governmental order. 

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3. User Responsibility 

3.1 By using the Website, the User agrees not to hold BLINK liable and personally liable for any direct or indirect damages, losses and/or pecuniary obligations arising from: 

• any claims of a third party regarding the Content submitted on behalf of the User, including violation of the rights of third parties by the User by posting the Content on the Website and/or violation of public information legislation by posting and/or publishing the material on the Website; 

• any activity related to participation in the Website that is contrary to these general terms and conditions, including the intent to defraud; 

• breach of these terms of use of the Website. 

3.2 BLINK draws the attention of its Users to the fact that, in addition to the need to ensure that the rights of third parties (copyright, related rights, image rights) are not violated, publishing or sharing photos, images or videos is also necessary without violating ethics norms and values ​​of the BLINK GROUP. All inappropriate Content will be systematically removed from the Website. 

4. Delete User Loaded Content  

BLINK will be able to cancel any registration and/or delete any profile and/or Content and/or any information published on the Website and/or prohibit the use of the Website and/or access to it upon learning that: The user does not comply with these general terms of use, or for technical reasons. Such change or removal may be made immediately, without prior notice or notice, at any time, solely at BLINK’S discretion. 

 

II. AVAILABILITY OF THE WEBSITE AND DISCLAIMERS  

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 1. The Website and Services are provided “as is” and on an “as available” basis. BLINK gives no warranty that the Website or Services will be free of defects and/or faults. To the maximum extent permitted by the law, BLINK provides no warranties (expressed or implied) of fitness for a particular purpose, the accuracy of the information, compatibility, and satisfactory quality. BLINK is under no obligation to update information on the Website. 

 2. Whilst BLINK uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, BLINK gives no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers. 

 BLINK accepts no liability for any disruption or non-availability of the Website. 

 3. BLINK reserves the right to alter, suspend or discontinue any part (of the whole of) the Website including, but not limited to, any Products and/or Services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise. 

 

III. ​NOTE ON DATA PROCESSING 

1. In accordance with Art. 6 Para. 1 lit. b GDPR, we collect and process personal data for the execution of a contract and when opening a customer account. Which data is collected can be seen from the respective input forms. Deletion of the customer account is possible at any time and can be done by sending us a message. We store and use the data provided for the purpose of processing the contract. After complete processing of the contract or deletion of the customer account, the data will be blocked with regard to tax and commercial law retention periods and deleted after expiry of these periods, unless you have expressly consented to further use of the data or we have reserved the right to legally permitted further use of the data. 

2. In order to process your order, we work together with service providers who support us in whole or in part in the execution of concluded contracts. Certain personal data is transferred to these service providers in accordance with the following information. For example, the personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods. We pass on your payment data to the commissioned credit institution within the scope of payment processing, insofar as this is necessary for payment processing. The legal basis for the transfer of data is Art. 6 Para. 1 lit. b GDPR. 

3. If you register for our e-mail newsletter, we will regularly send you information about our offers. By registering, you give us your consent for the use of your personal data in accordance with Art. 6 Para. 1 lit. a GDPR. When you register for the newsletter, we store your IP address entered by your Internet service provider (ISP) as well as the date and time of registration in order to be able to trace any possible misuse of your e-mail address at a later date. The data collected by us when you register for the newsletter is used exclusively for the purpose of addressing you in an advertising manner by way of the newsletter. You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending a corresponding message to the responsible person named at the beginning. After unsubscribing, your e-mail address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to use your data in a way that goes beyond this, which is permitted by law and about which we inform you in this declaration. 

4. If you have provided us with your e-mail address when purchasing goods or and Services, we reserve the right to regularly send you offers by e-mail for similar goods or services to those already purchased from our range. The data processing is carried out solely on the basis of our legitimate interest in personalised direct advertising in accordance with Art. 6 para. 1 lit. f GDPR. You are entitled to object to the use of your e-mail address for the aforementioned advertising purpose at any time with effect for the future by notifying us. 

Please also see our Privacy Policy, our Cookies Notice which are not part of the agreement. 

 

IV. ​THIRD PARTY CONTENT 

In using BLINK Services, User may view content provided by third parties, including links to web pages of such parties (“Third-Party Content”). BLINK does not control, endorse or adopt any Third- Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, User business dealings or correspondence with such third parties are solely between you and the third parties. BLINK is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at User own risk. 

 

V. PAYMENT POLICY 

 1. Free Services  

Basic access to the BLINK Marketplace as well as to basic functionality of the Marketplace is free of charge for users. Extended Services will be charged at extra cost and may include different scope of functions or access rights for users.  

BLINK reserves the right to change the pricing models, as well as to extend, change or limit the functionality of the Marketplace or stop access to the Marketplace free of charge at any time. 

2. Paid Services 

Unless specified herein or at point of purchase to the contrary BLINK invoices for any Service are due for payment 30 days from their date. BLINK reserve the right to charge for costs and expenses incurred in recovering late payment and to charge interest on overdue amounts at the rate in force. 

 

VI. CONFIDENTIALITY  

Definition. 

 “Confidential Information” means the business, technical and financial information disclosed to one party (the “Receiving Party”) by the other party (the “Disclosing Party”) pursuant to these Terms and includes all information marked by the Disclosing Party as confidential and any other information, whether written or oral, that the Receiving Party should reasonably understand is confidential to the Disclosing Party. 

Obligations. The Receiving Party will: (i) hold the Confidential Information of the Disclosing Party in trust and confidence and not disclose or release the Confidential Information to any third party except as provided in these Terms; and (ii) not use the Confidential Information for any purpose except for the purposes described in these Terms. The disclosure of Confidential Information pursuant to these Terms is not intended in any way to transfer or grant any right, title or interest in or to such Confidential Information to the Receiving Party unless otherwise expressly indicated by the Disclosing Party in writing. 

Standard of Care. The standard of care imposed on each party pursuant to this Section will be the same degree of care as it uses to avoid the unauthorized use, disclosure, or dissemination of its own Confidential Information of a similar nature, but not less than a commercially reasonable degree of care. 

Limitation. Each party will disclose the Confidential Information of the other party only to those of its employees, officers, representatives, or advisors who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with the contract. Each party shall ensure that its employees, officers, representatives or advisors to whom it discloses the other party’s confidential information comply with this Clause. 

 Exclusions. Confidential Information excludes information that is (i) rightfully in the Receiving Party’s possession without obligation of confidentiality prior to receipt from the Disclosing Party, (ii) a matter of public knowledge through no fault of the Receiving Party, (iii) rightfully furnished to the Receiving Party by a third party without restriction on disclosure or use; or (iv) independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information. 

Requests for Confidential Information. A Receiving Party may disclose Confidential Information pursuant to a valid court order or order of an authorized government agency, provided that (if not legally prohibited) the Receiving Party has given the Disclosing Party prompt notice so that the Disclosing Party will have an opportunity to defend, limit or protect against such disclosure and the Receiving Party limits such disclosure to only that Confidential Information subject to the applicable order. 

 Survival. The terms of this Section will survive for as long as the Confidential Information remains confidential. 

No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with the contract 

 

VII. ​DISPUTE 

1. Severability 

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable 

2. Governing Law and Jurisdiction 

This Agreement shall be governed by and construed in accordance with the law of Malta and the parties hereby submit to the exclusive jurisdiction of Malta. 

Any claim under these Terms of Use must be brought within 6 (six) months after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. 

In the event of any controversy or dispute between BLINK and Users arising out of or in connection with the use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation by a Maltese certified mediator. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable Law.