BLACK Fit 2 Health Monitor Smart Watch, upto 15 Day battery, 1.5in screen, 1Yr Warranty

Last Modified: 10th October, 2024 

These Terms of Use (“Terms”) apply to your access and use of the services, applications, products, or websites associated with these Terms (collectively “Services”), which are owned and operated by Cannur Marketing Ltd, or its affiliates. These Terms are important and affect your legal rights, so please read them carefully. By accessing and using the Services, you agree to be bound by these Terms and any terms incorporated herein by reference, including our Privacy Statement and terms of Sale. If you do not agree to these Terms, you may not access or use the Services.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Services on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.

Key Definitions

“BLACK Content” means all content, features and functionality (including but not limited to all information, code, content, drawings, graphics, metadata, meta tags, marking information, page format and style, pictures, phrases, product descriptions, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, the compilation of all of the foregoing and all intellectual property rights and goodwill associated therewith) available through the Services, or otherwise provided to you by or on our behalf through the Services. BLACK Content excludes Personal Data.

“Personal Data” is any information that can be used to identify you, either alone or in combination with other information. Personal Data does not include aggregate information or other anonymized information (including metadata) collected by us that cannot be used to identify you, even if such information was derived from your Personal Data.

“Your Content” is the information, comments, photos, images, video, data, text, and other content that you may post, upload, store, share, send or display on the Services.

Language Policy

At Cannur Marketing Ltd, Our Mission is to make gadgets and electronics look and feel good. This means that every client that comes into contact with a BLACK gadget should have a positive experience.

With this in mind, we have made the choice to maintain an inclusive experience for all by removing words considered derogatory, annoying or abusive language from all of our BLACK gadgets. This means we do not allow or condone use of any slurs, words that are primarily dehumanizing, degrading and harmful stereotypes about any group. This include respect for equal rights and non-discrimination of all our customers and users

At Cannur Marketing Ltd, we believe free expression is a human right and work towards maintaining it like that. We choose BLACK products because they are inclusive, accepting and joyfully celebratory of the diversity of humanity in Uganda, East Africa and the world at large.

If you see something in one of our ads or products or gadgets that you believe violates our language policy, please report it to us here:

info@blacklyf.com  

Privacy

We respect the privacy of our users. The information we collect through the Services is subject to our Privacy Statement. Please refer to our Privacy Statement which explains how we collect, use, and disclose your information. 

This is the Privacy Policy of Cannur Marketing Ltd running BLACK trademark for electronics with its registered office at Plot 75A, Kimera Road, Ntinda, Kampala.

Additional Terms

Certain features of the Services, such as certain mobile applications, additional services, promotions, and offers, may be subject to additional terms and conditions (“Additional Terms”) presented in conjunction with them. We may present Additional Terms to you through the Services. Regardless of how they are presented to you, we require that you agree to Additional Terms before using these features of the Services. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to Additional Terms, you will not have access to the aspect of the Services to which they relate. These Terms and Additional Terms apply equally. If, however, any Additional Term is inconsistent with any provision of these Terms, the Additional Term will prevail but only for the service(s) to which the Additional Terms apply.

All purchases through the Services or other transactions for the sale of goods formed through the Services or as a result of visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms. 

Changes to the Terms of Use  

We may revise and update these Terms from time to time in our sole discretion. We will notify you when we make changes to these Terms and give you the opportunity to review before continuing to use the Services. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. You agree that we will not be liable to you for any change or discontinuance, in whole or in part, of the Terms, or the Services.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Services so that you are aware of any changes, as they are binding on you. You further agree to review these Terms periodically and to make yourself aware of these changes.

Eligibility

The Services are offered and available to users who are 18 years of age or older and of sound mind and not declared bankrupt. By using the Services, you represent and warrant that you are of at least 18 years of age. 

Accessing the Services and Account Security  

We may withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if all or any part of the Services is unavailable at any time, or for any time period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

You are responsible for:

1. Making all arrangements necessary for you to have access to the Services.
2. Ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.

To access the Services or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by these Terms, and you consent to all actions we take with respect to your information consistent with these Terms.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We may disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our sole discretion, you have violated any provision of these Terms.

Intellectual Property Rights  

Cannur Marketing Ltd, (and its licensors if any) owns or has the right to all Services and BLACK Content, protected by Uganda and/or international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. We reserve all rights in and to the BLACK Content. Except as expressly granted to you under these Terms, we do not grant you any right, title or interest in or to any part of the BLACK Content.

You will not copy, reproduce, publish, distribute, transmit, disseminate, display, exhibit, edit, modify, and create derivative works from, or exploit in any way, any part of the BLACK Content. You will not frame or utilize framing techniques to enclose our trademark, logo, or other proprietary information. You will not use any meta tags or any other "hidden text" utilizing our name or trademarks. You will not delete, remove or otherwise alter any copyright, trademark or other proprietary notice appearing in or on the BLACK Content. You will not take any action to jeopardize, limit or interfere in any manner with our rights in and to the BLACK Content. You agree not to portray us, our products or the Services in a false, misleading, derogatory or otherwise offensive manner. We reserve the sole and exclusive right at our discretion to assert claims against third parties for infringement or misappropriation of our intellectual property rights in the BLACK Content. The Services may contain BLACK Content owned or licensed by third parties. All restrictions set forth in these Terms equally apply to all BLACK Content owned or licensed by third parties.

Our name, the terms, logos, trademarks, and all related names, logos, product and service names, designs and slogans are our trademarks (or our affiliates or licensors’ trademarks). You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

Copyright Infringement Notification

BLACK follows the Copyright and Neighbouring Rights Act of Uganda, 2006 relative to claims that content on our network infringes a copyright. To file a copyright infringement notification with us, you will need to send written communication that includes substantially the following (please consult your legal counsel or see the Copyright and Neighbouring Rights Act, 2006)

To expedite your notice, please send the notice to:

CANNUR MARKETING LTD, 

ADDRESS: 

Cannur Marketing Ltd, 

Uganda: #75A, Kimera Road, Ntinda, Kampala.

PHONE: 

EMAIL: info@blacklyf.com

BLACK reserves the right to permanently and without further notice terminate the account and the concomitant network access of any subscriber who repeatedly violates BLACK’s terms of use, copyright policy or both.

Trademark Infringement Notification

BLACK makes commercially reasonable efforts to avoid unfair or infringing uses of trademarks on its site. If you believe your registered trademark or service mark is being infringed on the BLACK platform by a third party, you may lodge a complaint following the process below. Please note that BLACK’s policy does not apply to all trademark forms, including without limitation sound, odour, colour, and holographic marks, the removal of which BLACK will do pursuant to a valid court order.

To make your complaint of trademark misuse, please send the notice to the BLACK, Cannur Marketing Ltd.

Please note that you are filing a complaint under oath. Accordingly, you may be liable for damages if you materially misrepresent that material is infringing your trademark or service mark.

Once BLACK receives a complete trademark infringement notice, we will examine the complaint to determine whether it meets the requisite minimum standards for a complaint, as outlined above, and you will receive a response confirming receipt. You may also receive a response that the complaint is deficient or one for which this process is unsuitable. 

Pursuant to a fully compliant complaint, the information contained in the complaint shall be provided to the party who is the subject of the complaint for response. BLACK does not adjudicate claims, including fair use claims, nor does this policy address anything other than ownership of the mark.  In the event the party disputes ownership, the complainant may be required to secure a court order. Otherwise, BLACK may limit, remove, or disable access to the claimed infringing material.

Grant of License

Subject to the restrictions in these Terms, you may use the Services for your personal, non-commercial use. You will not, nor will you assist or direct any third person to: (i) extract, separate, remove or otherwise copy the BLACK Content; (ii) disassemble, decompile, reverse engineer or otherwise convert any part of the BLACK Content to source code or a human-perceivable form; (iii) adapt, modify or create a derivative work of the BLACK Content; (iv) distribute, encumber, lease, rent, sell, transmit, transfer, or otherwise dispose of the BLACK Content, in whole or in part; or (v) use the BLACK Content for any other purpose.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and we reserve all rights not expressly granted. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws. 

Prohibited Uses

You must use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

1. In any way that violates any applicable national, municipal law of any country or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Uganda or other countries).
2. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
3. To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms.
4. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
5. To impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or our users or expose them to liability.

Additionally, you agree not to:

1. Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
2. Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
3. Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
4. Use any device, software or routine that interferes with the proper working of the Services.
5. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
6. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
7. Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Services.

Your Content  

The Services may allow you to post, submit, publish, display or transmit to other users (collectively, “post”) Your Content on or through the Services. You agree to observe and follow the following posting rules:

1. Do not post any content that includes information that is false, misleading, inaccurate, fraudulent, and deceptive or that promotes illegal activity.
2. Do not solicit any Personal Data from other users of the Services.
3. Do not post any content or information in violation of any Ugandan, East African laws and international law.
4. Do not insult or frame any other users of the Services. Do not post content that is offensive, libellous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic or sexually explicit.
5. Post only constructive information. Do not speculate or post rumours about us, our products or any other person or entity.
6. Do not post information that you do not own or control all rights thereto. You are responsible for all content that you post.

Your Content that you post to the website is considered non-confidential and non-proprietary. By posting Your Content to the Services, you grant us and our affiliates, our third-party service providers, and our retail partners and any person acting on our or their behalf (collectively and including us, the “Licensed Parties”) a perpetual, non-exclusive, non-revocable, royalty-free, fully paid-up, worldwide right to adapt, modify, create derivative works, display, distribute, disclose, sublicense, assign, use, and commercialize Your Content in any manner and in any media without obligations to you. Your use of the Services constitutes your consent to allow us to use and store Your Content.

If Your Content contains Personal Data, we will treat such Personal Data in accordance with our Privacy Policy.

You hereby represent and warrant that (i) you own all rights in and to Your Content, (ii) you have permission from all person(s) appearing in Your Content to grant the rights granted herein; (iii) you are over the age of 18, and (iv) the Licensed Parties’ use of Your Content as described herein will not violate the rights of any third party or any law. You hereby release, discharge and agree to hold the Licensed Parties harmless from any liability related in any way to the Licensed Parties’ use of Your Content.

You understand and acknowledge that you are responsible for Your Content, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We cannot and do not undertake to review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. We have no liability or responsibility to anyone for performance or non-performance of the activities described in these Terms.

Social Media Posting  

By posting and uploading content to social media sites that you have tagged with our brands and hashtags, you are allowing us to search for your hash-tagged postings (“Social Media Posting”). We may contact you directly, either publicly or privately, through the social media platform on which the Social Media Posting was located and request your permission to use the Social Media Posting. If you grant us permission as outlined in the request we make, then you grant the Licensed Parties the same right and make the same representations and warranties to the Social Media Posting as you would with Your Content. You hereby release, discharge and agree to hold the Licensed Parties harmless from any liability related in any way to the Licensed Parties’ use of your Social Media Posting.

Our use of your Personal Data from your Social Media Posting will comply with our Privacy Policy.

Monitoring and Enforcement; Termination  

We may:

1. Remove or refuse to post Your Content for any or no reason in our sole discretion.
2. Take any action with respect to Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that Your Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for us.
3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
4. Take appropriate legal action, including without limitation, referral to law enforcement agencies, for any illegal or unauthorized use of the Services.
5. Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we may fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. 

You Waive And Hold Harmless Us And Our Affiliates, Licensees And Service Providers From Any Claims Resulting From Any Action Taken By Us Or Any Of The Foregoing Parties During Or As A Result Of Our Investigations And From Any Actions Taken As A Consequence Of Investigations By Either Us Or Such Parties Or Law Enforcement Authorities.  

Reliance on Information Posted  

The information, including BLACK Content, presented on or through the Services is made available solely for general information purposes.

We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Services  

We may update the content on the Services, including BLACK Content, from time to time and is not necessarily complete information. 

Linking to the Services and Social Media Features  

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Services may provide certain social media features that enable you to:  

1. Link from your own or certain third-party sites to certain content on the Services.
2. Send e-mails or other communications with certain content, or links to certain content, on the Services.
3. Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party sites.

You may use these features solely as we have provided and solely with respect to the content that these features are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

1. Establish a link from any site that is not owned by you.
2. Cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
3. Link to any part of the Services other than the homepage.
4. Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms.

The Services from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We may withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Services  

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such third party sites.

Geographic Restrictions  

We are based in Kampala, Uganda with teams in different parts of the world. We make no claims that the Services or any BLACK Content is accessible or appropriate outside of Uganda. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the Uganda, you understand that any data, including Personal Data that you transmit to us or we collect from you will be collected from and stored in either Uganda or wherever our teams are located.

Our Usage and Storage of Information

We may establish standard practices and limits regarding the use of the Services, including the type of user-posted content permitted on the Services, maximum number of days user-created content is displayed, accessible or retained by us or the maximum number of e-mails an account may send or receive and the maximum disk-space allotted to each end user. We have no liability for the preservation or deletion of any content maintained by the Services or otherwise provided by you to us through use of the Services. We may modify the usage and storage of content and information from time to time, in accordance with applicable law.

Disclaimer of Warranties  

Your Use Of The Services, Its Content And Any Services Or Items Obtained Through The Services Is At Your Own Risk. The Services, Its Content And Any Services Or Items Obtained Through The Services Are Provided On An “As Is” And “As Available” Basis, Without Any Warranties Of Any Kind. Except As Prohibited By Law, We Disclaim All Warranties Of Every Kind, Whether Express Or Implied, Statutory Or Otherwise, Including, But Not Limited To, Implied Warranties Of Merchantability And Fitness For A Particular Purpose And Non-Infringement. We Make No Representation Or Warranty With Respect To The Completeness, Security, Reliability, Quality, Accuracy Or Availability Of The Services. We Make No Representation Or Warranty That The Services, Its Content Or Any Services Or Items Obtained Through The Services Will Be Accurate, Reliable, Error-Free Or Uninterrupted, That Defects Will Be Corrected, That The Services Or The Server That Makes It Available Are Free Of Viruses Or Other Harmful Components Or That The Services Or Content Will Otherwise Meet Your Needs Or Expectations. 

The information presented on or through the Services is made available solely for general information purposes. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other users of the Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators or reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

The Foregoing Does Not Affect Any Warranties Which Cannot Be Excluded Or Limited Under Applicable Law.

Limitation on Liability  

In No Event Will We, Our Affiliates Or Licensors, Service Providers, Employees, Agents, Officers Or Directors Be Liable For Damages Of Any Kind, Under Any Legal Theory, Arising Out Of Or In Connection With Your Use, Or Inability To Use, The Services, Any Sites Linked To It, Black Content Or Content Of Other Sites Or Any Services Or Items Obtained Through The Services Or Such Other Sites, Including Any Direct, Indirect, Special, Incidental, Consequential Or Punitive Damages, Including But Not Limited To, Personal Injury, Pain And Suffering, Emotional Distress, Loss Of Revenue, Loss Of Profits, Loss Of Business Or Anticipated Savings, Loss Of Use, Loss Of Goodwill, Loss Of Data, And Whether Caused By Tort (Including Negligence), Breach Of Contract Or Otherwise, Even If Foreseeable. However, If We Are Found Liable To You For Any Damage Or Loss Which Is In Any Way Connected With Your Use Of The Services Or Black Content, Our Liability Will Not Exceed $100.00 Usd.

The Foregoing Does Not Affect Any Liability Which Cannot Be Excluded Or Limited Under Applicable Law.

Indemnification  

You agree to defend, indemnify and hold harmless us, our parent company, shareholders, affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, Your Content, any use of BLACK Content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Services. This obligation will survive the termination or modification of these Terms.

Governing Law and Jurisdiction 

These Terms of Use are governed by, and construed in accordance with, the laws of Uganda without regard to any conflicts of law rules. Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by arbitration in accordance with the Arbitration and Conciliation Act and conducted by an arbitrator selected by the parties concerned in the arbitration. The seat of the arbitration will be in Kampala, Uganda. The award of the arbitrator will be final and binding. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The parties waive any right to appeal the arbitral award, to the extent a right to appeal may be lawfully waived. Each party retains the right to seek judicial assistance: (a) to compel arbitration; (b) to obtain interim measures of protection pending arbitration; and (c) to enforce any decision of the arbitrators. The prevailing party in the arbitration is entitled to receive reimbursement of its reasonable expenses, including attorney’s fees, incurred in connection therewith.

No Class Actions

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

Limitation on Time to File Claims  

Any Cause Of Action Or Claim You May Have Arising Out Of Or Relating To These Terms Or The Services Must Be Commenced Within One (1) Year After The Cause Of Action Accrues, Otherwise, Such Cause Of Action Or Claim Is Permanently Barred.

Waiver and Severability  

Our failure to enforce or exercise any of these terms is not a waiver of that section. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.

Entire Agreement  

These Terms, Privacy Policy, Terms of Sale and any Additional Terms constitute the sole and entire agreement between you and us with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

Notice of Infringement Claims

If you believe that your work has been improperly copied and posted to the Services, please provide us with your name, address, telephone number, e-mail address, a physical or electronic rendering of your signature, a description of your copyrighted work, a description of the location of your copyrighted work on the Services and a statement by you made under penalty of perjury that the above information is accurate and that you are the copyright owner or otherwise authorized to act on behalf of the copyright owner.

Your Comments and Concerns  

You may notify us in writing of any objectionable content. We will make a good-faith effort to investigate all allegations of objectionable content that violates the Terms but we do not represent or warrant that we will take any action relating thereto.

Notices for Complaints

Send all legal notices under these Terms to:

Cannur Marketing Ltd, 

Plot 75A, Kimera Road, Ntinda, Kampala.

Email: info@blacklyf.com

Thank you for using the Services

PRIVACY PRACTICES

YOUR ACCOUNT

This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. The Company or its associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature. If you are accessing, browsing and using the Site on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site in whatsoever nature. If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Contact Information' provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to the Company. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in Company’s and Company’s best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Site. The information provided to us shall be maintained by us in accordance with our Privacy Policy.

PRODUCT INFORMATION

Company attempts to be as accurate as possible in the description of the product on the Site. However, Company does not warrant that the product description, colour, information or other content of the Site is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.  Company reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted ) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the products.

PRODUCT USE

The products and services available on the Site, and the samples, if any, that Site may provide you, are for your personal and/or professional use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons.

PRICING INFORMATION

The Company strives to provide accurate product and pricing information, however errors may occur.  Company cannot confirm the price of the product until you make the order. Without limiting the generality of Clause 7 (Cancellations, Refunds and Returns) below, if a product is listed at an incorrect price or with incorrect information due to any technical error, Company shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been delivered. In the event that an item is wrongly priced, the Company may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered, your offer will not be deemed accepted and the Company will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that Company accepts your order the same shall be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Company’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card account.  PRICES AND AVAILABILITY OF THE PRODUCTS PROVIDED OR OFFERRED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF COMPANY. Company may revise and cease to make available any product/ services at anytime. In the event, the Company is unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. The Company shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.

CANCELLATIONS, REFUNDS AND RETURNS

Please refer to our Warranty and Support page provided on our Site.

MODE OF PAYMENT 

Payments for the products available on the Site may be made in the following ways:

a). Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift cards, and reward points.

b).Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.

INTELLECTUAL PROPERTY RIGHTS

The names and logos and all related product names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as "Marks") of the Company. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of the Company are the intellectual property of the Company. The Company expressly and exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Site is the exclusive property of the Company and are protected by the Indian copyright laws and International treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.

LIMITED LICENSE

The Company grants you limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non-commercial use of the Site. All rights not expressly granted to you in these Terms of Use, are reserved and retained by the Site and its affiliates. The Company reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access the Site.

REPRESENTATIONS AND WARRANTIES

This Site is provided to you "AS IS". We make no representations regarding the use of or the result of the use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. The Company shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this Site. You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site. The Company shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. The Company does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

The Site Is Presented "As Is." Neither We Nor Our Holding, Subsidiaries, Affiliates, Partners, Or Licensors Make Any Representations Or Warranties Of Any Kind Whatsoever, Express Or Implied, In Connection With These Terms And Conditions Or The Site Or Any Of The Content, Including But Not Limited To Warranties Of Merchantability, Non-Infringement Or Fitness For A Particular Purpose, Except To The Extent Such Representations And Warranties Are Not Legally Excludable. You Agree That, To The Fullest Extent Permitted By Applicable Law, Neither We Nor Our Holding, Subsidiaries, Affiliates, Partners, Or Licensors Will Be Responsible Or Liable (Whether In Contract, Tort (Including Negligence) Or Otherwise) Under Any Circumstances For Any (A) Interruption Of Business; (B) Access Delays Or Access Interruptions To The Site; (C) Data Non-Delivery, Loss, Theft, Misdelivery, Corruption, Destruction Or Other Modification; (D) Loss Or Damages Of Any Sort Incurred As A Result Of Dealings With Or The Presence Of Off-Website Links On The Site; (E) Viruses, System Failures Or Malfunctions Which May Occur In Connection With Your Use Of The Site, Including During Hyperlink To Or From Third Party Websites; (F) Any Inaccuracies Or Omissions In Content; Or (G) Events Beyond The Reasonable Control Of The Company. We Make No Representations Or Warranties That Defects Or Errors Will Be Corrected. Further, To The Fullest Extent Permitted By Law, Neither We Nor Our Subsidiaries, Affiliates, Partners, Or Licensors Will Be Liable For Any Indirect, Special, Punitive, Incidental, Or Consequential Damages Of Any Kind (Including Lost Profits) Related To The Site Or Your Use Thereof Regardless Of The Form Of Action Whether In Contract, Tort (Including Negligence) Or Otherwise, Even If We Have Been Advised Of The Possibility Of Such Damages And In No Event Shall Our Maximum Aggregate Liability Exceed. You Agree That No Claims Or Action Arising Out Of, Or Related To, The Use Of The Site Or These Terms And Conditions May Be Brought By You More Than One (1) Year After The Cause Of Action Relating To Such Claim Or Action Arose. If You Have A Dispute With Us Or Are Dissatisfied With The Site, Termination Of Your Use Of The Site Is Your Sole Remedy. We Have No Other Obligation, Liability, Or Responsibility To You. This disclaimer constitutes an essential part of this Terms of Use.

TERMINATION

These Terms of Use are effective unless and until terminated by either you or the Company. You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. The Company may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, such termination will be without any liability to the Site. Upon any termination of the Terms of Use by either you or the Company, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the Terms of Use.

INDEMNITY

You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms of Use, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.

GOVERNING LAW AND JURISDICTION

The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Mumbai shall have exclusive jurisdiction. Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in Mumbai. Without any prejudice to particulars listed in Clause 10 above, the Company shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trademark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration. For disputes relating to orders outside India, International arbitration rules of Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be Mumbai.

SITE SECURITY

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, accessing data not intended for you or logging onto a server or an account which you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" sending unsolicited email, including promotions and/or advertising of products or services; or forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability The Company is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from the Company on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). 

ENTIRE AGREEMENT

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written. Company's failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.

GENERAL

You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation. ***Other notes on cash back offers: Any cashback offer being extended to the users on the Site will be fulfilled only after successful delivery of the purchased products and close of applicable replacement period. Unless published by the Company on the Site about any cashback or discount offer, the Company will not be liable for non-fulfilment of any obligations arising from users exercising the said offer advertised on external sites.

**All Partnership/Affiliates coupon codes will be invalid during the sales period. However, they will be redeemable and functional as the sale ends.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

Contact us

If you have any questions about this Agreement, please contact us filling this contact form. or contact via WhatsApp