TERMS AND CONDITIONS FOR CHEERFY BUSINESS SERVICES
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE CHEERFY SERVICES AND IN PARTICULAR CLAUSE 7 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 Retailer the terms on which they may use the Services (as defined below), whether or as a registered or as a non-registered user.
By using the Services, the Retailer confirms that they accept these Terms and Conditions and agree to comply with them.
CHEERFY and the Retailer will jointly be referred to as the “Parties” and each of them individually as a “Party”.
“End User” or “End Users” are the person or persons entitled to use the Wi-Fi Access.
“Retailer” or “Retailers” means the businesses who have subscribed to the CHEERFY Business Services.
“Retailer Premises” are all those venues at which the Services are provided on request by the Retailer
“Equipment” is the Cheerfy Equipment and the Optional Equipment. The Equipment does not include any End User wireless device, such as computers, tablets or mobile phones.
“Cheerfy Equipment” is a Wi-Fi router supplied by CHEERFY and owned by the Retailer.
“Customer Database” is any system owned by the Retailer that contains End User information collected by the Retailer, such us Customer Relationship Management (CRM) systems, Point of Sale (PoS), Business Intelligence (BI) databases and others
“Optional Equipment” is the ancillary equipment supplied by CHEERFY and owned by the Retailer that is required to expand the coverage of the Cheerfy Equipment (cables, PLCs, Wi-Fi repeaters…).
“Wi-Fi Network” are the Wi-Fi access points or hotspots at the Retailer Premises to which End Users will connect. It is owned and managed by the Retailer.
“Wi-Fi Access” is the control of End User’s Access to the Wi-Fi network.
“Cheerfy Applications” are the mobile or desktop applications as well as websites provided by Cheerfy which the Retailer use.
Limitation of liability
- CHEERFY may provide some or all of the following services (the “Services”) to the Retailer depending on its Cheerfy Subscription:
a) control the End User’s access to the Wi-Fi Network owned and operated by the Retailer (the “Wi-Fi Access”) in and around the Retailer Premises.This will allow CHEERFY to register or authenticate End Users as their devices connect to the Wi-Fi Network and as a result identify End Users every time they visit the premises of any retailer.
b) provide the Retailer with use of the Cheerfy Applications. Use of the Cheerfy Applications includes accessing, browsing, or registering. The Cheerfy Applications allow the Retailer to detect the arrival of customers to the Retailer Premises, maintain a profile about each of them and engage them through electronic messages (that can be personalised) during and after their visit.
c) read from or write to Customer Databases designated by the Retailer in agreement with CHEERFY. This enables bidirectional sharing of End User data and statistics.
- The Retailer may use the Cheerfy Applications for service registration, support and general information purposes.
- In order to be provided with the Services, the Retailer must be subscribed to a broadband Internet access service at the Retailer Premises (the “Internet Access”). Additionally, the Retailer must manage and maintain the Wi-Fi Network in good operating order.
- The Retailer recognises and accepts that the Services will be activated and available only at certain agreed Retailer Premises. This means the Service cannot be transferred to other premises owned by the Retailer without prior written consent from CHEERFY.
- CHEERFY may change the technical specifications of the Services at any time.
- The Retailer 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 services provided by the Retailer or its suppliers. The Retailer accepts that any activity carried out by the Retailer that involves moving, reconfiguring, disconnecting, removing, attempting to repair or altering the Wi-Fi network in any way, may impact CHEERFY ability to provide the Services.
- CHEERFY will provide a helpdesk service to the Retailer and to the End Users in connection to the Services through the CHEERFY website and via email at firstname.lastname@example.org (the “Cheerfy Helpdesk”). The Retailer will be responsible for notifying CHEERFY of any incidents impacting the Services.
- 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 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.
- Validity and termination
- These Terms and Conditions will remain in force from the date on which CHEERFY activates the Services at the Retailer Premises (the “Delivery Date”) and while a valid Cheerfy Subscription is active.
- 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 Retailer should regularly check these Terms and Conditions to take notice of any changes made as they are binding on the Retailer.
- CHEERFY or the Retailer may terminate the Services by written notification with a minimum notice of thirty days. The Retailer may cancel its Cheerfy Subscription at any time; the Services shall remain valid until the end of the Cheerfy Subscription.
- CHEERFY will have the right to deny access to the Services to any Retailer 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 accepts the Terms and Conditions for the use of the Services by the End Users as defined by CHEERFY. 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.
- CHEERFY may offer different service plans to Retailers from time to time (the “Cheerfy Subscriptions”). The Services registration web page or written proposal to the Retailer will define the Cheerfy Subscriptions on offer, their duration and any payment that maybe be payable.
- The Retailer may accept the subscription to different Cheerfy Subscriptions and associated prices. Under no circumstances shall CHEERFY charge for a different Cheerfy Subscription without the prior explicit consent from the Retailer.
- CHEERFY may supply, as part of the subscription to a Cheerfy Subscription, the Equipment estimated by CHEERFY as necessary to provide the Services at the Retailer Premises. The Retailer recognises and accepts that the Equipment will be owned by and is the responsibility of the Retailer.
- The Retailer accepts that any activity carried out by the Retailer that involves moving, reconfiguring, disconnecting, removing, attempting to repair or altering the Equipment in any way, may impact CHEERFY ability to provide the Services.
- The Retailer accepts not to expose CHEERFY to any claims or legal proceedings in relation to the Equipment.
- The Retailer recognises and accepts responsibility to install the Equipment at the Retailer Premises.
- Use of the Services by the Retailer
- All the information supplied by the Retailer to CHEERFY must be accurate, including the Services login name and password details, name, email address, postal address and any information related to the payment of the Services (the “Registration Data”). The Retailer is responsible for updating the Registration Data to ensure its accuracy at any time and shall immediately notify CHEERFY of any changes. The Retailer agrees to keep its Services login name and password confidential.
- The Retailer 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;
- The Retailer may invite, at its own discretion, an End User from time to time (typically as a result of an employment or subcontracting relationship with the End User) to use the CHEERFY Business Application on the Retailer’s behalf. The Retailer is responsible for maintaining the list of invited End Users updated.
- The Retailer recognises and accepts that CHEERFY is not responsible for the behaviour of any End User or the Retailer. The Retailer is the only one responsible for its interactions online or offline with End Users. The Retailer 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 Retailer might receive from End Users.
- 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 Retailer may not copy, reproduce, resell, distribute, spread, show, send or transmit the Materials by any means without prior written consent from CHEERFY.
- 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 Retailer any intellectual or industrial property rights in connection with the Services, the Materials or the Equipment.
- Data Protection Policy
- The following data protection policy sets out the practices of CHEERFY regarding the personal data it receives from Retailers and how CHEERFY will treat it. All information collected by CHEERFY is used in order to provide the CHEERFY Services to the End User and the Retailer, to provide the End User with a personalized experience, as well as to improve the CHEERFY Service.
- CHEERFY is the data controller as defined in the Data Protection Act 1998 (the “Act”).
- The Retailer may provide personal data to CHEERFY as part of the Services. This includes information of individuals acting on behalf of the Retailer, as well as information on End Users entered manually by the Retailer or extracted from the Retailer’s Customer Database regarding End Users which visit the Retailer while using the CHEERFY Services, such as End User Retailer Tags. CHEERFY must not use such data to provide services to other retailers.
- The Retailer warrants that all personal data provided to CHEERFY has been collected and is shared in compliance with applicable law, and that Retailer has obtained, where required by applicable law, any data protection consent declarations from individuals of which personal information is shared with CHEERFY.
- End Users may provide data to CHEERFY about themselves in connection with the Retailer, such as Customer Tags collected through customer surveys, rating, feedback and others. CHEERFY must not use such data to provide services to other retailers.
- To the extent the Retailer sends communications to End Users via CHEERFY, the Retailer is responsible for the content of such communications and warrants that it will not include anything which might be considered incompliant with any applicable laws.
- CHEERFY may automatically compile certain information about the use of the Services at the Retailer Premises by the Retailer or by End Users. CHEERFY may share this information with the Retailer; the Retailer does not have any rights with respect to such personal data, which is owned by CHEERFY, and contains inter alia:
- 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 registration data and visit to the Retailer’s Premises, including date, time, duration and frequency of visits; geographical location; 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.
- All information described in section 7.7 may be aggregated and anonymised for its sharing or commercialization with third parties in accordance with the law.
- CHEERFY may share all data provided and/ or compiled with CHEERFY subsidiaries and subcontractors acting on its behalf.
- 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 Retailer’s own risk. Once CHEERFY has received Retailer information, CHEERFY will use strict procedures and security features to try to prevent unauthorised access.
- Warnings and responsibilities
- CHEERFY will do its best effort but do not guarantee that the Services will be secure or free from bugs or viruses. The Retailer is responsible for configuring their information technology, computer programmes and platform in order to access and use the Services. The Retailer should use their own virus protection software.
- The Retailer must not misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The Retailer must not attempt to gain unauthorised access to the Services, the CHEERFY server or any server, computer or database connected to the Services. The Retailer must not attack any aspect of the Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, the Retailer would commit a criminal offence under the Computer Misuse Act 1990. CHEERFY will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the Retailer’s identity to them. In the event of such a breach, the Retailer’s right to use the Services will cease immediately.
- The Retailer must indemnify CHEERFY and its third-party suppliers, as well as their advisors, employees, agents and shareholders, in the event of any loss or damage (including legal costs) caused by any claim:
- formulated or presented by any third party; because of:
- contents that the Retailer gives, offers, publishes or transmits through the Services;
- the use of the Services by the Retailer; or
- the non-compliance with these Terms and Conditions by the Retailer.
Applicable Law and Jurisdiction and Miscellaneous
- Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury arising from CHEERFY’s negligence, or CHEERFY’s fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
- To the extent permitted by law, CHEERFY exclude all conditions, warranties, representations or other terms which may apply to the Services whether express or implied.
- CHEERFY will not be liable to any Retailer for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our mobile application or website;
- use of or reliance on any content displayed;
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
- CHEERFY has no liability to the Retailer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- CHEERFY will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect the Retailer’s mobile, tablet, computer equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any content on it, or on any website linked to it.
- CHEERFY assumes no responsibility for the content of websites linked on the Services. Such links should not be interpreted as endorsement by CHEERFY of those linked websites. CHEERFY will not be liable for any loss or damage that may arise from the Retailer’s use of them.
- These Terms and Conditions, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law and the Parties agree that the courts of England and Wales will have exclusive jurisdiction.
- 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, and the applicable law will survive any termination of the Services.
Last modified: 20th Feb 2017