Website terms of use
The use of this website and these terms and conditions shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction in relation thereof.
This page defines how any individual, company or corporate body (“You”) may make use of the website https://clevercherry.com (the “Website”).
Please read these terms of use (the “Terms”) carefully before you start to use the Website. By using the Website, You indicate that you accept the Terms and that You agree to abide by them. If You do not agree to the Terms, please refrain from using the Website.
About us
The Website is operated by Clever Cherry (Midlands) Ltd, trading as Clevercherry (“Clevercherry”).
Clevercherry is a limited company registered in England and Wales under company number 9270229 with its registered office and main trading address at 22 Gas Street, Birmingham, B1 2JT. Clevercherry’s VAT number is GB 209 553 407.
Changes to the Terms
Clevercherry reserves the right to revise the Terms at any time by amending this page. Please check this page from time to time to take notice of any such changes.
Updates and amendments to the Website
Clevercherry may update the Website and all of its content at any time, including all editorial content, graphics, designs and materials (the “Content”). However, please note that the Content featured on the Website may be out of date at any given time, and Clevercherry is under no obligation to update it. Clevercherry does not guarantee that the Website or the Content will be free from errors or omissions.
Accessing the Website
The Website is made available free of charge and Clevercherry does not guarantee that the Website and the Content, will always be available or be uninterrupted.
Access to the Website is permitted on a temporary basis and Clevercherry reserves the right to suspend, withdraw, discontinue or change all or any part of the Website without notice. Clevercherry will not be liable to You if for any reason the Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for You to have access to the Website.
You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of the Terms and other applicable terms and conditions, and that they comply with them.
Intellectual property rights
Clevercherry is the owner or the licensee of all intellectual property rights in the Website and in the Content, which are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy and may download extracts of any page(s) from the Website for personal use. You may also draw the attention of others within your organisation to content posted on the Website.
You shall not modify the paper or digital copies of any materials You have printed or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Clevercherry’s status (and that of any identified contributors) as the authors of the Content on the Website must always be acknowledged. Use of any part of the Content on the Website for commercial purposes without obtaining a licence to do so from Clevercherry or Clevercherry’s licensors is strictly prohibited.
If You print off, copy or download any part of the Website in breach of the Terms, your right to use the Website will cease immediately and You must, at Clevercherry’s option, return or destroy any copies of the materials You have made.
No reliance on information
The Content on the Website is provided for general information only. It is not intended to amount to advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on the Website.
Although Clevercherry will make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the Content on the Website is accurate, complete or up-to-date.
Limitation of our liability
The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, Clevercherry and any third parties connected to Clevercherry hereby expressly exclude:
- all conditions, warranties and other terms that may otherwise be implied by statute, common law or the law of equity.
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any Content posted on it including, without limitation, any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time;
- any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect Clevercherry’s liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Viruses
Clevercherry does not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful (“Viruses”).
You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990.
Clevercherry will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to the Website
You may link to the Website’s homepage, provided You do so in a way that is fair and legal and does not damage Clevercherry’s reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Clevercherry’s part where none exists.
You must not establish a link to the Website in any website that is not owned by You. The Website must not be framed on any other website, nor may You create a link to any part of the Website other than the homepage.
Clevercherry reserves the right to withdraw linking permission without notice. If you wish to make any use of the Content on the Website other than that set out above, please contact hello@clevercherry.com.
Third party links and resources in our site
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Clevercherry has no control over the contents of those sites or resources.
Applicable law
If You are a consumer, these Terms, its subject matter and its formation, are governed by English Law. You and Clevercherry both agree that the courts of England and Wales will have non-exclusive jurisdiction. If You are a resident of Northern Ireland you may also bring proceedings in Northern Ireland. If You are a resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these Terms, its subject matter and its formation (and any non-contractual disputes or claims), are governed by English law. You and Clevercherry both agree to the exclusive jurisdiction of the courts of England and Wales.
