Blackcare Group provides the content, services, and promotional materials available on and through the websites that Blackcare Group owns or controls (today or in the future), including www.chadcard.com and the CHAD App (The sites) subject to the following terms and conditions (the Terms and Conditions). These Terms and Conditions also apply to the way we interact with you, and you interact with us, on third party sites where we post content or invite your feedback or participation, including, but not limited to, Twitter, Facebook, Instagram, YouTube, Pinterest, and Google+ (the Blackcare Channels). By accessing or using the Sites, participating on the CHAD Discount Program, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions, which include an arbitration waiver, class action waiver, and our Privacy Policy.

Please review the other policy statements that appear throughout our Sites including for the CHAD Discount Program so you understand specific terms relating to functionality, ordering information, promotions, contests and our use of photos and videos you may provide to us.

TERMS & CONDITIONS

1. Introduction

This website is operated by Blackcare Group. The terms “we”, “us”, and “our” refer to Blackcare Group. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our website’s services or place an order on our website.

2. Use of our Website

You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.

You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.

You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

3. General Conditions

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.

You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.

4. Products or Services

All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.

Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in Canadian dollars.

We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.

We do not guarantee the accuracy of the colour or design of the products on our website. We have made efforts to ensure the colour and design of our products are displayed as accurately as possible on our website.

5. CHAD Discount Program

You must be enrolled in the CHAD Discount Program (Program) in order to access discounts and deals at participating merchants and service providers (Partners).

To enroll in the Program, you must be at least 18 years old and must be a resident of a country where the Company makes the Sites available. If you are eligible, you can register for the program at chadcard.com. To learn more about the terms and conditions of the Program, please click here

6. Links to Third-Party Websites

Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

7. Use Comments, Feedback, and Other Submissions

You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.

You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.

You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.

We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

8. Your Personal Information

Please see our Privacy Policy to learn about how we collect, use, and share your personal information.

9. Errors and Omissions

Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

We do not undertake to update, modify or clarify information on our website, except as required by law.

10. Disclaimer and Limitation of Liability

You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.

The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

11. Indemnification

You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

12. Entire Agreement

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

13. Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

14. Headings

Any headings and titles herein are for convenience only.

15. Severability

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

16. Governing Law

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Province of Ontario without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the Province of Ontario in the City of Toronto,

Ontario and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

17. Questions or Concerns

Please send all questions, comments and feedback to us at info@chadcard.com.

CHAD Discount Program - Terms and Conditions

Welcome to CHAD Discount Program! This page (together with other documents referred to on it) tells you the Terms and Conditions upon which you may use CHAD Discount Program (Program), along with our Sites and other services provided by Us (the Company), whether as a guest or a registered user. These apply to the access or use of Our Program for any purpose including accessing any Content uploaded by our merchants, service providers and other third-parties (Partners). Please read these Terms and Conditions and our Privacy Policy, and any other terms or policies which we may upload on our Sites from time to time, carefully before you start to use our Program. By accessing our Sites or using Our Program (which for the purposes of these Terms of Service includes clicking ‘Join Now’, browsing, downloading, installing, or otherwise accessing, viewing, or otherwise using the Program), you confirm that you accept these Terms and Conditions, are eligible for the Program and that you agree to abide by the Terms and Conditions. If you do not agree to these Terms and Conditions, or are not eligible, you are not allowed to use the Sites or Program and you must stop using or accessing the Program.

About Us

The Program is operated by Blackcare Group (“We” “Our” and “Us”). We are registered in Canada.

1. Program Overview

As part of the Program, We provide a suite of member-only incentives as well as a Program that allows users (Member) to locate and obtain deals, exclusive offers, and interact and be inspired by the brands they love. From member-only incentives, giveaways, exclusive content, polls and more. CHAD is on a mission to connect customers with their favorite black-owned businesses. The Program is provided to verified member as an annual membership. As part of Our offerings, We work on your behalf to locate the best publicly available offers and to negotiate exclusive offers that are not available elsewhere from brands with whom We have partnered (Partners). We may receive a fee or commission from Our Partners when you purchase or engage with these offers through the Program.

2. Privacy Policy

Your privacy and personal information are important to Us. We collect and use personal information about you and your use of the Program in accordance with Our Privacy Policy . Our Privacy Policy sets out the purposes for using your information, and your rights and how to exercise them. It is important that you read that information. Please contact us at privacy@chadcard.com for any questions or changes.

3. Account Registration

At time of purchase, you will be asked to create a secure password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. You may not share your password with others, nor use your password to make purchases on someone else’s behalf. We accept no responsibility for any liability that arises in connection with the theft of your account details or password by any unauthorised third parties.

Once you have purchased a CHAD Discount Card (Card), we will email you your Digital Card information which includes your Card unique identification (ID) and membership expiration date. We will also provide you with your CHAD app login details within two (2) business days so you can download the CHAD app, set up your account and access our Partners’ offers. Please check your spam folder in your email as sometimes our emails arrive there. If you haven’t received your email, please contact us at support@chadcard.com .

4. Expiration Date

Your Card will be valid until the expiry date shown on the Card, You can find this on your welcome email or in the CHAD app.

5. Fees

The Program has an annual subscription fee of $14,99 (in canadian dollars) plus tax (Fees) and will be automatically renewed on the anniversary of purchase. Your fees are not reimbursable if you wish to cancel your membership at any time before the anniversary of your purchase.

6. Renewal

We will send you an email to remind you of this thirty (30) days prior the renewal date but it is your responsibility to cancel in advance if you do not wish payment to be taken. The fee will be fixed at purchase price unless notified.

7. Annulation fees

If you cancel your subscription after the anniversary date and a payment has been taken from your account, you will be subject to a $5 administration fee.

8. Use of Our Card and Program

Subject to your compliance with these Terms and Conditions, the Company grants you, solely for your personal use, a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, and revocable licence to: (a) use the Card associated with the Program obtained from a legitimate sites, vendors or partners and (b) access and use the Program on a mobile device that you own or control.

You shall not sell, license, rent, or otherwise use, exploit, or make available any Program content, in whole or in part, for commercial (whether or not for profit) use or in any way that infringes any third party rights. We reserve the right to alter or amend the Terms and Conditions at any time without notice.

9. Interaction with the Program

The Company will use your name, profile and other information about you, and your actions (e.g., likes, purchases, reviews, reactions to posts, etc) in connection with Partners, offers, surveys, ads and other content displayed across the Program (Collected Information). We may use your Card ID to track your usage of the Program and target specific content to you based on the Collected Information. If you do not want to receive such targeted content, you may choose to opt-out at any time. Please see the Privacy Policy for more information about how We use your information. You understand that all information publicly posted or privately transmitted through Our Sites is the sole responsibility of the person or organisation from which such content originated; the Company will not be liable for any errors or omissions in any content.

10. Qualification for discounts or other offers as part of Program

To qualify for any discounts mentioned on the Sites, the Card must be presented at the time of payment when you are making in person purchases. Partners can ask to see your Card at any time. For some Partners that require you to pre-book (e.g. hairdresser, restaurant), you should state at the time of booking that you intend to use your Card.

In all other circumstances, you must inform the Partners that you have a CHAD Card immediately prior to the point of purchase.

11. Online Purchases

For online purchases, you may be provided with a promotional code that you can obtain through the CHAD app or you may enter your Card ID at checkout. Promotional codes obtained through the Program must not be shared with people who have not purchased the Card. Non-respect of this condition may subject you to a termination of your membership.

12. Prohibited Conduct

As a condition of your use of the Program you agree not to:

  • a) infringe the intellectual property rights of anyone (including the Company);
  • b) use the Program for any purpose or in a way which is unlawful under any applicable law or prohibited by these Terms or any other applicable policies or terms;
  • c) market, rent or lease the Program for a fee or charge, or use the Program to advertise or perform any commercial solicitation;
  • d) perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Program account without permission, or falsifying your age or date of birth;
  • e) sell or otherwise transfer the access granted under these Terms and Conditions or any Materials; or any right or ability to view, access, or use any Materials;
  • f) simulate communications from Us or another service provider or entity in order to collect identity information, authentication credentials or other information (“phishing”);

We reserve the right to take any appropriate action deemed necessary where it is found the member has used the card in breach of these conditions.

13. Limitation of Liability

To the extent permitted by applicable law, the Company and its affiliates will not be responsible for any a) losses that were not caused by Us or Our breach of these Terms and Conditions; b) any loss or damage that was not, at the time that these Terms and Conditions were formed between You and Us, a reasonably foreseeable consequence of Us or Our affiliates breaching this agreement; or c) the Content submitted by any Partner, or for the defamatory, offensive or illegal conduct of any Partner.

We shall not be liable to you for any losses you suffer or costs you incur because:

  • a) You are unable to access or use the Program;
  • b) any device including any hardware or software you use to access the Program is damaged, corrupted or fails to work;
  • c) the Program contain errors, defects, or do not meet your requirements;
  • d) you do not receive notifications from Us or Our Partners in a timely manner;
  • e) you allow a third party access the Program;
  • f) of any failure to provide alternatives where any offers, events or promotions are canceled or varied by a Partner; or
  • g) of or under any contracts, offers or events received by you from Partners through the Program.

Any complaints or issues with Partners offering discounts must be brought up with the Partners themselves. Refunds will not be issued if you have problems with the service you receive from Partners. This must be put in writing to the business concerned, however please let us know if you have experienced difficulties at info@chadcard.com as it is important to us that you have a seamless experience with our Program and Partners.

14. Termination

We can revoke or disable your account or restrict your access to the Program in the following instances:

  • a) if you breach any provision of these Terms and Conditions or We reasonably believe you have breached any provisions of these Terms and Conditions ;
  • b) if you disable your account;
  • c) to prevent fraud or if We reasonably believe that an unauthorized person is attempting to access the Program;
  • d) if We reasonably believe that your continued use of or access to the Program is likely to damage Our reputation;
  • e) in the event of any activity involving your account which We, in Our sole discretion, deem suspicious or potentially harmful to the Program; or
  • f) to secure Our Sites or Program.

You may terminate your membership and your agreement to these Terms and Condition at any time by contacting info@chadcard.com.

PARTNERS SECTION

By joining our Program, Partners agree to all the Terms and Conditions of the program, give the discount specified in their Agreement with Us and pay the fees to access their Partner Dashboard.

15. Notice

Partners may leave the Program by giving a 30-day notice. If not, the partner will be subject to administrative fees of $10 for late notice.

16. Collected Information

Partners may use our Collected Information to send you offers and other types of communications.

17. Partnership

Partners agree to do their best to showcase their part of the Program by leveraging Content and any material provided by the Company.

18. Termination

We can revoke or disable a Partner account or restrict access to the Program in the following instances at any time: a) if you breach any provision of these Terms and Conditions or We reasonably believe you have breached any provisions of these Terms and Conditions ; b) if you disable your account; c) to prevent fraud or if We reasonably believe that an unauthorised person is attempting to access the Program; d) if We reasonably believe that your continued use of or access to the Program is likely to damage Our reputation; e) in the event of any activity involving your account which We, in Our sole discretion, deem suspicious or potentially harmful to the Program; or f) to secure Our Sites or Program.

19. Liability

To the extent permitted by applicable law, the Company and its affiliates will not be responsible for any:

  • a) losses that were not caused by Us or Our breach of these Terms and Conditions;
  • b) any loss or damage that was not, at the time that these Terms and Conditions were formed between You and Us, a reasonably foreseeable consequence of Us or Our affiliates breaching this agreement; or
  • c) the Content submitted by another Partner, or for the defamatory, offensive or illegal conduct of any Partner.