Last updated on: May 18, 2019
The terms and conditions contained in this document (“T&Cs”) is an electronic legal agreement between: Zunotek doing business as Blackkar, a corporation organized and existing under the laws of United States of American, with its registered offices located Plano, TX(hereinafter “Blackkar” or “Us” or “We” etc.), and the user of the Blackkar website, mobile application or services (“you” or “Customer”).
This electronic agreement is generated by a computer system and does not require any physical or digital signatures. BY CLICKING ON THE “I ACCEPT” BUTTON, (I) YOU ARE CONSENTING TO BE BOUND BY THESE T&C’s FOR USE OF THE SITE AND (II) YOU ARE APPOINTING BLACKKAR AS YOUR REPRESENTATIVE FOR THE PURPOSE OF BOOKING THE SAME VEHICLE FOR THE SAME ROUTE ON BEHALF OF YOURSELF AND OTHER CO-PASSENGERS, FOR ACCESS OF THE SITE BY ACCEPTING THE PERMIT HOLDER SERVICE AGREEMENT. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE TERMS AND CONDITIONS BEFORE YOU USE ANY OF THE SERVICES OFFERED ON THE SITE, BECAUSE YOU SHALL BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. If you do not accept any of the Terms and Conditions, then please don’t use the Site or avail any of the Services being provided therein.YOU AGREEING TO THESE TERMS AND CONDITIONS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND BLACKKAR IN RESPECT OF THE USE OF THE SITE.
All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:
"Account" shall mean the account created by the Customer on the Application for availing the Services provided by Blackkar.
"Additional Fee" shall mean any toll duty, inter-state taxes, etc. as may not be included in the Fare but payable to any third party / government authorities for undertaking the Ride under Applicable Law
"Applicable Laws" shall mean and include all applicable statutes, enactments, acts of legislature, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court.
"Application" shall mean the mobile application "Blackkar" updated by Blackkar from time to time.
"Convenience or Booking Fee" shall mean the fee payable by the Customer to Blackkar for the Service i.e., for availing the technology services offered by Blackkar. Convenience or Booking Fee shall be chargeable on every booking made through the Site. The Convenience or Booking Fee shall be exclusive of all applicable taxes on the Convenience Fee, if any.
"Cancellation Fee" shall mean the fare and Convenience Fee payable towards cancellation of a Ride by a Customer. The Cancellation Fee shall be exclusive of all applicable taxes on the Cancellation Fee, if any.
"City of Operation" shall mean a city in which the Customers avail and render the transportation services respectively.
"Customer/ You"means a person who has an Account on the Application.
"Driver"shall mean and include such individuals who are registered with Blackkar and own the Vehicles and who have necessary city taxi permits and licenses to provide transportation services within the City of Operation.
"Fare"shall mean such amount in USD, which is reflected on the Application, as the fare payable for the specific Ride performed by a Driver. The Fare shall be exclusive of all applicable taxes on the Fare, if any.
"Force Majeure Event" shall mean any event arising due to any cause beyond the reasonable control of Blackkar.
"Registration Data" shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by Blackkar from the Customer from time to time for registration on the Application.
"Ride" shall mean the travel in the Vehicle by the Customer facilitated through the Site.
"Service(s)" means the facilitation of transportation service by Blackkar through the Application or via a telephone request at the call centre of Blackkar, or booking on the Site, within the City of Operation, as elaborated in Clause 4.
"Site" shall mean the Application and the website operated by Blackkar or any other software that enables the use of the Application or such other URL as may be specifically provided by Blackkar.
"Total Ride Fee" shall mean and include the Fare, the Convenience Fee, the Cancellation Fee and Additional Fee and taxes as may be applicable from time to time.
"T&Cs" and "User Terms" shall mean these Customer terms and conditions.
You will be "Eligible" to use the Services only when You fulfil all of the following conditions:
You have attained at least 18 (eighteen) years of age.
You are competent to enter into a contract under the Applicable Laws.
If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, you must abide by such age limits.
You understand and acknowledge that you can register on the Site only after complying with the requirements of this Clause 3 and by entering Your Registration Data.
You shall ensure that the Registration Data provided by you is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by you.
You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by you or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge.
We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.
Except for the Registration Data or any other data submitted by You during the use of any other service offered through Site ("Permitted Information"), Blackkar does not want You to, and You should not, send any confidential or proprietary information to Blackkar on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to Blackkar other than the Permitted Information will not be considered confidential or proprietary.
It is your responsibility to check to ensure that you download the correct application for your device. We are not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.
We allow you to open only one Account in association with the Registration Data provided by you. In case of any unauthorized use of Your Account please immediately contact us.
In case, you are unable to access Your Account, please inform us and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the expiry of 72 (seventy two) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.
The Site permits you to avail the transportation services offered by Driver. The Service allows you to send a request through Blackkar to a Driver on the Blackkar network. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, Blackkar notifies you and provides information regarding the Driver including Driver name, Vehicle license number, telephone contact details of the Driver and such other details as Blackkar may determine.
Blackkar shall procure reasonable efforts to bring you into contact with a Driver, subject to the availability of Driver in or around your location at the moment of your request for such services.
By using the Application or the Service, You further agree that:
You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party;
You will not use an account that is subject to any rights of a person other than You without appropriate authorization;
You will not use the Service or Site for unlawful purposes;
You will not try to harm the Service, Site or our network in any way whatsoever;
You will provide Blackkar with such information and documents which Blackkar may reasonably request;
You will only use an authorized network to avail the Service;
You will comply with all Applicable Law from Your country and residence and the country, state and/or city in which You are present while using the Site or Service; and
Blackkar reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements. Further, Blackkar will store the information provided by You or record your calls for contacting You for all Service related matters. You shall promptly inform Blackkar on any change in the information provided by You.
Blackkar or an authorised representative of Blackkar, shall provide information regarding services, discounts and promotions provided by Blackkar to You by way of an text message or email to your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, you may at any point of time visit the specific link provided in the Site to discontinue the same.
BLACKKAR WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE OR TRANSFER YOUR INFORMATION IN A SERVER OUTSIDE USA OR THE COUNTRY WHERE YOU ARE LOCATED IN ORDER TO PERFORM BLACKKAR’S OBLIGATIONS UNDER THESE CUSTOMER T&C.
You agree to grant Blackkar a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT BLACKKAR TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.
Blackkar will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, you will be provided with the services by Blackkar jointly and/or severally with the party(ies) in joint venture. You hereby give your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.
Blackkar shall, upon receiving the booking request from you in the manner set out above, proceed to confirm or decline the booking based on the availability of Vehicles at the pickup time, which shall be informed to you vide a text message or email. In the event the booking is confirmed, you shall check the booking details including but not limited to pick up time and pick up place, and if there is incorrect detail, the same needs to be informed to us immediately by calling our call centre.
You shall bear the consequences and damages for any delay that may be caused to you due to your failure to check the confirmation text message or email or failure to inform Blackkar of the incorrect details immediately.
Blackkar shall charge Convenience Fee for the Service which shall be determined and amended at the sole and absolute discretion of Blackkar. The Convenience Fee shall be payable by you to Blackkar and shall be informed to you.
Driver shall charge Fare to you for the Ride offered to you by the Driver.
You shall be required to pay such Additional Fee, which will form part of the receipt of the Total Ride Fee.
You shall be required to pay such Cancellation Fee in terms of Clause 7, which will form part of the receipt of the Total Ride Fee.
In addition to the Total Ride Fee, You may be required to pay such other charges incurred by you during the Ride in cash, which are not included in the receipt of the Total Ride Fee.
The Total Ride Fee will be collected by the Driver or Blackkar from you at the end of the Ride, as set out in Clause 6.7 below.
Blackkar shall provide a receipt of the Total Ride Fee payable by you at the end of the Ride, however, separate invoices raised by the Driver for the Fare and Additional Fee, and the Convenience Fee raised by Blackkar shall be provided to you on request. You may raise a request for a copy of the invoices from Support page.
All applicable taxes in respect of the Fare, Convenience Fee, Additional Fee, and Cancellation Fee shall be borne and payable by you to the Driver or Blackkar, as the case may be.
You shall choose to pay for the Service Fee by either of the following four methods:
Cash payment: Cash payment towards the Total Ride Fee after the completion of Ride can be made to the Driver.
Credit Card/ Debit Card/ Online Payments: Total Ride Fee shall be effected using the services of an entity providing payment gateway/processor services ("PG"), authorized by Blackkar. Such PG may either be Blackkar or any of its affiliates or partners or unrelated third parties. You agree and undertake to share relevant payment details including credit/debit card details (Card Details) with the PG for the successful completion of payment towards Total Ride Fee to Blackkar and authorize the PG to complete such transactions. In this respect, it is clarified that all PGs whose services are utilized for the purposes of the Site and/or Application and/or Services shall be PCI-DSS (Payment Card Industry – Data Security Standard) compliant. Your authorization permits the PG to debit or credit the bank account associated with your payment details. Your authorization further permits the PG to use Your Card Details for the processing of transactions initiated by you at any of Blackkar’s affiliates. Your authorization will remain in effect as long as you maintain an Account with Us. In the event you delete Your Card Details with the PG or if you delete Your Account, the PG will not process any further transactions initiated by you at the Site or Application and at the sites of any of Blackkar’s affiliates. Your authorization under this clause is subject to any other terms and conditions of the PG.
Any payment related issue, except when such issue is due to an error or fault in the Site, shall be resolved between you and the Payment Processor.
You agree and acknowledge that You may cancel Your request for a Vehicle from a Driver at any point of time subject to a Cancellation Fee as explained below: Cancellation fee will be charged
If you cancel after 5 minutes after the cab is allotted or
If a driver cancels after waiting at your location for more than 10 minutes iii. Notwithstanding the foregoing, if the Driver is delayed by more than five (5) minutes to pick You, You will not be charged any Cancellation Fee.
You shall be notified of the applicable Cancellation Fee in advance whenever you attempt to cancel a booking/service request. The notification shall be on the Application and/or the Site.
Blackkar shall provide a receipt of the Cancellation Fee, if any, payable by you for every cancellation in terms of the table above for such cancellations, however, separate invoices raised by the Driver for the Cancellation Fee, and Blackkar for the Convenience Fee on cancellations shall be provided to you on request. You may raise a request for a copy of the invoices from Support page.
The Cancellation Fee shall be payable by you at the completion of your subsequent Ride.
The mode of payment of the Cancellation Fee shall be in terms of Clause 7 of these User Terms.
This Clause 7 shall not apply to corporate rides availed pursuant to the terms and conditions.
You shall not smoke and drink in the Vehicles or misbehave with the Driver or act in violation of Applicable Law. In the event you are found to be involved in the activities set out above, you shall be liable to pay a fine to us and we shall also have the right to terminate the Ride. In the event you fail to pay fine after the completion of the Ride, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the fine or misbehaving as the case may be, and in such event, Your Account may be terminated by Blackkar.
We shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold Blackkar, their affiliates, their licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party, including the Driver\or (c) Your use or misuse of the Application or Service.
The information, recommendations and/or Services provided to you on or through the Site, the Application are for general information purposes only and does not constitute advice. Blackkar will reasonably keep the Site and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.
Blackkar shall not be liable for you missing trains/flights/events or delays etc. as the Service is dependent on many factors not in Blackkar’s control. You must book Your Ride after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other un-expected delays.
In the event, there is a delay by the Vehicle in reaching the pickup location beyond 30 (thirty) minutes of the pickup time, Blackkar shall only endeavour to get you in touch with the Driver assigned for Your Ride.
Blackkar shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
You shall take full responsibility of your items and luggage. In case of lost items inside the Vehicle during the journey, Blackkar will try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same. If you leave any goods in the Vehicle or have any complaint in respect of the Services or the use of the Vehicle, You have to inform Blackkar of the same in writing within 24 (twenty four) hours of using the Vehicle or the Services of Blackkar. In the event it is found, You shall be informed about the Blackkar office from where You can collect it after 3 (three) working days from the date You were informed. Blackkar however shall not be responsible for delivering the same back to you. If requested, Blackkar may deliver the misplaced item/s back to you after 3 (three) working days from the date you were informed.
Blackkar does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
Blackkar shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with Blackkar. Blackkar will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to you regarding booking confirmation.
IN NO EVENT SHALL BLACKKAR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BLACKKAR HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BLACKKAR’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT PAID BY THE CUSTOMER.
If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Blackkar shall be the minimum permitted under Applicable Law.
Subject to Your compliance with these User Terms, Blackkar grants You a limited, revocable, non-exclusive, non-transferable and non-sub licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Site.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet "links" to the Service or "frame" or "mirror" any Site on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Site in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Site, or (c) copy any ideas, features, functions or graphics of the Service or Site, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violate of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks.
Blackkar will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Blackkar may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Blackkar has no obligation to monitor Your access to or use of the Site, Service or Posted Content, but has the right to do so for the purpose of operating the Site and Service, to ensure Your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. Blackkar reserves the right, at any time and without prior notice, to remove or disable access to any content that Blackkar, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site, the Service or Application.
Blackkar alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Site, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations; text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or other information provided by You or any other party relating to the Site, Application or the Service.
Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, you need to get permission directly from the owner of the intellectual property for any use.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by Blackkar. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.
You may use information on the Site purposely made available by Blackkar for downloading from the Site, provided that you:
do not remove any proprietary notice language in all copies of such documents and make no modifications to the information;
use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
do not make any additional representations or warranties relating to such information.
If permitted by Blackkar, You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by us. You must not use on your site or in any other manner any Blackkar trademarks or service marks or any Content belonging to Blackkar and appearing on the Site, including any logos or characters, without our express written consent. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Site without our prior written consent.
Unless terminated in accordance with this Clause 17, the agreement between Blackkar and You is perpetual in nature upon downloading the Application and for each Ride booked through the Site.
You are entitled to terminate the agreement at all times by deletion of Your Account, thus disabling the use by you of the Site. You can close Your Account at any time by following the instructions on the Site.
Blackkar is entitled to terminate the agreement at all times and with immediate effect (by disabling your use of the Site and the Service) if You: (a) violate or breach any term of these User Terms, or (b) in the opinion of Blackkar, misuse the Application or the Service. Blackkar is not obliged to give notice of the termination of the agreement in advance. After termination Blackkar will give notice thereof in accordance with these User Terms.
Termination of this agreement will not prejudice accrued rights of either Blackkar or You.
Clauses 11 (Indemnification), 12 (Liability), 13 (Application License), 14 (Intellectual Property Ownership), 15 (Term and Termination), 20 (Notice) and 22 (Applicable Law and Dispute Resolution) and such other provisions which are intended to survive the termination, shall survive the expiry/termination of these User Terms in accordance with their terms.
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.
In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between you and Blackkar, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms
You agree that Blackkar is merely an electronic platform to facilitate aggregation of Vehicles and does not in any manner provide transportation services. Blackkar does not endorse, advertise, advise or recommend you to avail the Services of any Driver. Blackkar also does not guarantee or provide assurance in respect of the behavior, actions or data of the users posted on the Site.
We do not authorize anyone to make a warranty on our behalf and you shall not rely on any statement of warranty as a warranty by us.
Blackkar and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the information contained upon the Site (whether arising from Blackkar or any other person's negligence or otherwise).
This Site, Application and all content on the Site and the Application are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Site and/or Application, that Your access of the Site and/or Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Site and/or Application, and that Blackkar shall not be liable for any damages of any kind related to Your access and use of this Site and/or Application.
All images, audio, video and text in the Site and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.
Blackkar reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Application at any time.
Blackkar shall not be required to notify you of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. You can determine when Blackkar last modified the User Terms by referring to the "Last Updated" legend above. It shall be your responsibility to check these User Terms periodically for changes. Blackkar may require you to provide your consent to the updated User Terms in a specified manner prior to any further use of the Site and the Services. If no such separate consent is sought, your continued use of the Site, following the changes to the User Terms, will constitute your acceptance of those changes. Your use of the Site and the Services is subject to the most current version of the User Terms made available on the Site at the time of such use.
Blackkar may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in Blackkar’s account information.
You shall not assign your rights under these User Terms without prior written approval of Blackkar. Blackkar can assign its rights under the User Terms to any affiliate.
These User Terms are subject to the laws of Texas. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, "Disputes") the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of Blackkar as Blackkar may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by Blackkar and You. The place of the arbitration shall be mutually agreed by Blackkar and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts Texas