TERMS AND CONDITIONS FOR CHEERFY USER SERVICES
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE CHEERFY SERVICES AND IN PARTICULAR CLAUSE 5 WHICH SETS OUT HOW CHEERFY USES YOUR PERSONAL DATA
CHEERFY LTD enables a person (the “End User”) to connect to the Wi-Fi network of a Retailer (as defined below) through the CHEERFY website (at domain address cheerfy.com and referred to as the “website”). This will automatically provide a Retailer with their personal data so that the Retailers can offer the End Users a personalised and efficient consumer experience during and after their visit to the Retailer’s commercial premises (“Retailer Premises”).
CHEERFY LTD is a company registered in England and Wales under company number 09165801, with a registered office at 92 Park Street, Camberley, Surrey, GU15 3NY, United Kingdom, VAT number: GB 203626245 (“CHEERFY”).
These terms and conditions (the “Terms and Conditions”) together with the terms provided during the registration and welcome process and any other documents referred to below, tell the End User the terms on which they may use the Services (as defined below), whether as a registered or as a non-registered user.
By using the Services, the End User confirms that they accept these Terms and Conditions and agree to comply with them.
CHEERFY and the End User will jointly be referred to as the “Parties” and each of them individually as a “Party”.
“Local Minimum Age” means the minimum age that the End User must be in order to access the Services and is 16 years old.
“Retailer” or “Retailers” means the businesses who have subscribed to the CHEERFY business service.
Warnings and responsibilities
- CHEERFY will provide the End User the following services (the “Services”):
a. Control the End User’s access to the Wi-Fi Network owned by the Retailer (the “Wi-Fi Access”) in and around the Retailer Premises to grant the End User access to the Internet. This will allow End Users to automatically connect to the Wi-Fi Network of any Retailer subscribed to the CHEERFY Services.
b. Communication via personalised electronic messages from visited Retailers. Retailers may use these messages to promote their products, enhance the End User experience on premises and generally communicate with the End User.
- The End User may also be invited to use the ‘Cheerfy Business Application’ by a Retailer who is able to invite people to use the ‘Cheerfy Business Application’ such as their employees or sub-contractors.
- The End User may use the website for service registration, support and general information purposes.
- In order to be provided with the Services, the End User must have a wireless Internet access device (e.g. a smartphone, tablet, computer) while visiting the Retailer Premises.
- CHEERFY may change the technical specifications of the Services at any time.
- The End User recognises and accepts that the availability and performance of the Services are subject to the limitations of the Internet access and Wi-Fi Network available at the Retailer Premises and to the private use that it is subjected to. CHEERFY will not be responsible for any interruption or incidents that the Services may suffer as a result of the quality of Internet access and Wi-Fi Network service provided by the Retailer or its suppliers.
- CHEERFY will provide a helpdesk service to the End Users in connection to the Services through the CHEERFY website and via email at email@example.com (the “Cheerfy Helpdesk”).
- CHEERFY will define configuration settings associated to the Wi-Fi Access for the Retailer to implement in the Wi-Fi Network. The Retailer will define the performance parameters and other components of the Wi-Fi Network, such as data throughput, quality of service, number of concurrent End Users security aspects and others.
- The End User shall not use the Services to create or offer services or applications to third parties.
- The End User shall refrain from using the Services to compile, store or process or to attempt to compile, store or process End User personal data.
- Validity and termination
- These Terms and Conditions will remain in force until the End User unsubscribes from the Services via the website or email.
- CHEERFY may change or modify, at any time and at CHEERFY’s discretion, the terms in these Terms and Conditions and any related policies (from now on, the “Revisions”) by amending them on the website. The End User should regularly check these Terms and Conditions to take notice of any changes made as they are binding on the End User.
- CHEERFY may terminate the Services at any time without any obligation to notify the End User.
- CHEERFY will have the right to deny access to the Services to any End User that infringes these Terms and Conditions or that otherwise may (at CHEERFY’s sole discretion) pose a threat to the Services or CHEERFY’s reputation.
- The Retailer has the right to limit the usage parameters of the Wi-Fi Network including, but not limited to, performance, time of access and frequency of sessions.
- Use of the Services by the End User
- The End User must be at least of Local Minimum Age to register for and use the Services. If the End User is under the Local Minimum Age, the End User must not register for the Services or supply any information to CHEERFY.
- All the information supplied by the End User to CHEERFY must be accurate (the “Registration Data”). The End User is responsible for updating the Registration Data to ensure its accuracy at any time and shall immediately notify CHEERFY of any changes. The End User agrees to keep its Services login name and password confidential.
- The End User shall refrain from using the Services in the following ways:
- to carry out any fraudulent, criminal or illegal activity;
- to send, receive, upload, download or use any material that might be offensive, indecent, defamatory, obscene, threatening, representing an infringement of intellectual property rights or breaking the trust, privacy or rights of third parties;
- in a way that is annoying or offensive to third parties;
- to send or supply “spam” or unsolicited promotional messages; or
- to transmit any electronic material (including computer viruses) that causes or may cause any damage or negative impact on CHEERFY or other Internet users, or that restricts or prohibits other users to use or enjoy CHEERFY products or services.
- The End User recognises and accepts that CHEERFY is not responsible for the behaviour of any Retailer. The End User is the only one responsible for its interactions online or offline with the Retailer. The End User is the only one responsible for its own behaviour and for any data, text, file, information, image, graphic, photograph, audio file, work or other content or material delivered, published or shown through the Services. CHEERFY does not control or direct the actions of the users of the Services and therefore shall not be responsible for any offensive, inappropriate, obscene, illegal or inadequate content or information that the End User might receive from the Retailer.
- Intellectual Property
- CHEERFY is the owner or the licensee of all intellectual property rights generated in and from the Services and any material published in connection with it (the “Materials”). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- The End User may not copy, reproduce, resell, distribute, spread, show, send or transmit the Materials by any means without prior written consent from CHEERFY, unless and to the extent required to use the CHEERFY services.
- Any unauthorised use of the Materials might represent a violation of the intellectual or industrial property rights of CHEERFY or its third-party suppliers, as well as a breach of the law in terms of intellectual and industrial property, privacy, publicity and telecommunications.
- These Terms and Conditions do not grant to the End User any intellectual or industrial property rights in connection with the Services or the Materials, unless and to the extent required to use the CHEERFY services.
- The following data protection consent clause sets out the practices of CHEERFY, which acts as data controller as defined in the applicable data protection laws, regarding the personal data of End Users and how CHEERFY will treat it. By using any aspect of the Services, the End User accepts and consents to the practices described below. All information collected by CHEERFY is used in order to provide the CHEERFY Services to the End User, to enable Retailers to provide the End User with a personalized experience, as well as to improve the CHEERFY Service.
- The End User may provide personal data to CHEERFY as part of the Services. This includes information provided when visiting or registering on the CHEERFY Services.
- The information the End User may provide to CHEERFY includes their name, date of birth, age, sex, photographic material, city and/or country of residence and/or birth, email address, phone number, as well as credentials to access some or all of this information on their social network profiles (Facebook or LinkedIn) as well as the information publically available on those profiles, and any other information actively provided by End User to CHEERFY about Retailers they visit (such as Customer Tags collected through customer surveys).
- CHEERFY may automatically compile the following information about the End User’s use of the Services:
- technical information, including the Internet protocol (IP) address used to connect to the Internet, login information, browser type and version, time zone setting, browser plug-in types and versions, device model, operating system and platform;
- information about the End User’s visit to the Retailer’s Premises, including date, time, duration and frequency of visits; geographical location; the full Uniform Resource Locators (URL) clickstream to, through and from our Services (including date and time); page response times on the website, download errors, length of visits to certain areas, page or mobile application interaction information (such as scrolling, clicks, and mouse-overs); and methods used to browse away from the page and any phone number used to call our customer service number.
- CHEERFY uses the MAC (Medium Access Control) address of the End User device, a unique identifier assigned by the device manufacturer, in order to distinguish one End User from another. CHEERFY uses the MAC address of the End User device for processes strictly necessary in order to offer the CHEERFY services, such as automatic identification of the End User on arrival to a Retailer Premises and automatic End User authentication when using the Services, as well as for improving the CHEERFY Services. The End User is responsible for maintaining CHEERFY updated about the loss or transfer of a device used for the Services to prevent incorrect identification of the End User.
- CHEERFY may receive information on the End User from Retailers which the End User visits while using the CHEERFY Services, such as End User preferences observed by the Retailer (the “Retailer Tags”), in order to provide the CHEERFY Services targeted with respect to specific End Users and Retailers.
- CHEERFY may share all data provided and/ or compiled with Retailers that the End User visits while using the CHEERFY services, as well as processors acting on CHEERFY’s behalf.
- CHEERFY may send the End User information and direct advertising via electronic messages for goods or services similar to the ones the End User already obtained; the End User can object to advertising emails use at any time, without costs arising by virtue thereof, other than transmission costs pursuant to the basic rates.
- To enhance the End User experience and provide the End User targeted Services and information, CHEERFY may collect information regarding the acceptance of the electronic advertisement it sends, e.g. whether the End User has read the email, or clicked on links.
- All information given by the End User to CHEERFY or automatically collected by CHEERFY, with the exception of information given by the End User about a Retailer, may be aggregated and anonymised for its sharing or commercialization with third parties in accordance with the law.
- The transmission of information via the Internet is not completely secure. Although CHEERFY will do its best to protect all personal data, CHEERFY cannot guarantee the security of data transmitted via our Services; any transmission is at the End User’s own risk. Once CHEERFY has received End User information, CHEERFY will use strict procedures and security features to try to prevent unauthorised access.
- The information from the End User will be stored as long as the End User remains registered for the Services. If the End User closes his CHEERFY account, CHEERFY will delete the information it holds about such End User.
- The CHEERFY mobile applications and website may, from time to time, contain links to and from the mobile applications and websites of our partner networks, advertisers and affiliates. These mobile applications and websites have their own privacy policies and CHEERFY does not accept any responsibility or liability for these policies. End Users should check these policies before they submit any personal data to these.
- The End User may exercise the following data protection rights by contacting CHEERFY via firstname.lastname@example.org:
- require information concerning whether his/her personal data is processed (including the purposes of the processing, data categories and recipients and, where possible, the envisaged retention periods), and if so, access to and/or duplicates of his/her personal data;
- request proper rectification, removal or restriction of his/her personal data where it is inaccurate, or has been processed in violation of applicable data protection laws;
- refuse to provide and (for the future) withdraw any consent to processing of personal data;
- take legal actions in relation to any breach of his/her rights regarding the processing of his/her personal data, as well as to lodge complaints before the competent regulatory bodies.
Limitation of liability
- CHEERFY and the Retailers do not guarantee that the Services will be secure or free from bugs or viruses. The End User is responsible for configuring their information technology, computer programmes and platform in order to access and use the Services. The End User should use their own virus protection software.
- The End User must not misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The End User must not attempt to gain unauthorised access to the Services, the CHEERFY server or any server, computer or database connected to the Services. The End User must not attack any aspect of the Services via a denial-of-service attack or a distributed denial-of service attack. CHEERFY will report any breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the End User’s identity to them. In the event of such a breach, the End User’s right to use the Services will cease immediately.
- CHEERFY shall be liable for damages exclusively according to this clause 7.
- The liability of CHEERFY is unlimited for damages arising out of death, injury to body or health based on a breach conducted by a legal representative or designated agent of CHEERFY, as well as for damages that arouse from the lack of a guaranteed characteristic or in case of fraudulent intent.
- The liability of CHEERFY is unlimited for damages caused by CHEERFY, a legal representative, or designated agent by intent or gross negligence.
- In case of a slight negligent breach of a contractual core duty CHEERFY shall, except in the cases pursuant to clause 7.2 and 7.5, only be liable to the amount of the typically foreseeable damage. Contractual core duties abstractly are such duties whose accomplishment enables proper fulfilment of the contract in the first place and whose fulfilment a contractual party regularly may rely on.
- Liability pursuant to mandatory statutory requirements remains unaffected.
- The illegality, invalidity or total or partial inability of any provision of these Terms and Conditions for any purpose shall not affect the legality, validity or effectiveness of said provision for any other purpose or the remaining provisions of these Terms and Conditions. Any provisions of the Terms and Conditions that by their nature do not disappear with the termination of the use of the Services, regardless of the cause, including but not limited to the Privacy, Liability and Intellectual Property rights stipulations will survive any termination of the Services.
Last modified: 20th Feb 2017