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 Business (as defined below) through the CHEERFY website (at domain address cheerfy.com and referred to as the “website”). This will automatically provide a Business with their personal data so that the Businesses can offer the End Users a personalised and efficient consumer experience during and after their visit to the Business’ commercial premises (“Business 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 Business 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 Business confirms that they accept these Terms and Conditions and agrees to comply with them.
CHEERFY and the Business 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.
“Business” or “Businesses” means the companies that have subscribed to the CHEERFY Business Service.
“Business Premises” are all those venues at which the Services are provided on request by the Business.
“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 Business.
“Optional Equipment” is the ancillary equipment supplied by CHEERFY and owned by the Business that is required to expand the coverage of the Cheerfy Equipment (cables, PLCs, Wi-Fi repeaters…).
“Customer Database” is any system owned by the Business that contains End User information collected by the Business, such us Customer Relationship Management (CRM) systems, Point of Sale (PoS), Business Intelligence (BI) databases and others.
“Wi-Fi Network” are the Wi-Fi access points or hotspots at the Business Premises to which End Users will connect. It is owned and managed by the Business.
“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 Business can use.
“Sponsor” or “Sponsors” means companies who pay in part or in full the subscriptions of Businesses to the CHEERFY Business Service.
“Sponsored Business” or “Sponsored Businesses” means Businesses whose subscriptions to the CHEERFY Business Service are paid in part or in full by Sponsors. The rights and obligations for Businesses equally apply to Sponsored Businesses, unless indicated otherwise in these terms.
1.1. CHEERFY may provide some or all of the following services (the “Services”) to the Business depending on its Cheerfy Subscription:
a) Control the End User’s access to the Wi-Fi Network owned and operated by the Business in and around the Business 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 Business.
b) Provide the Business with use of the Cheerfy Applications. Use of the Cheerfy Applications includes accessing, browsing, or registering. The Cheerfy Applications allow the Business to detect the arrival of customers to the Business 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 Business in agreement with CHEERFY. This enables bidirectional sharing of End User data and statistics.
1.2. The Business may use the Cheerfy Applications for service registration, support and general information purposes.
1.3. In order to be provided with the Services, the Business must be subscribed to a broadband Internet access service at the Business Premises (the “Internet Access”). Additionally, the Business must manage and maintain the Wi-Fi Network in good operating order.
1.4. The Business recognises and accepts that the Services will be activated and available only at certain agreed Business Premises. This means the Service cannot be transferred to other premises owned by the Business without prior written consent from CHEERFY. For Sponsored Businesses the transfer of the Service to other premises owned by the Sponsored Business additionally requires prior written consent from the Sponsor.
1.5. CHEERFY may change the technical specifications of the Services at any time.
1.6. The Business 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 Business 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 Business or its suppliers. The Business accepts that any activity carried out by the Business that involves moving, reconfiguring, disconnecting, removing, attempting to repair or altering the Wi-Fi Network in any way, may impact CHEERFY’s ability to provide the Services.
1.7. CHEERFY will provide a helpdesk service to the Business and to the End Users in connection to the Services through the CHEERFY website and via email at email@example.com (the “Cheerfy Helpdesk”). The Business will be responsible for notifying CHEERFY of any incidents impacting the Services.
1.8. CHEERFY will define configuration settings associated to the Wi-Fi Access for the Business to implement in the Wi-Fi Network. The Business 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.
2. Validity and termination
2.1. These Terms and Conditions will remain in force from the date on which CHEERFY activates the Services at the Business Premises (the “Delivery Date”) and while a valid Cheerfy Subscription is active.
2.2. 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 Business should regularly check these Terms and Conditions to take notice of any changes made as they are binding on the Business.
2.3. The Business, at its sole discretion, may terminate the Services by written notification with a minimum notice of 30 (thirty) days. The Business may cancel its Cheerfy Subscription at any time; the Services shall remain valid until the end of the Cheerfy Subscription.
If a Sponsored Business cancels its subscription, the Cheerfy Subscription will remain in force until:
2.3.1. In the event of an annual Cheerfy Subscription, 12 months after its activation or renewal.
2.3.2. In the event of a monthly Cheerfy Subscription: a number of months after its activation or renewal according to the following calculation: the sum of sponsored months (12) and the number of months paid by the Sponsored Business, multiplied by the Sponsorship percentage. For example, with a Sponsorship of 50% and a termination in month 3: (12 months + 3 months) * 50% = 7.5 months.
2.4. CHEERFY will have the right to deny access to the Services to any Business that infringes these Terms and Conditions or that otherwise may (at CHEERFY’s sole discretion) pose a threat to the Services or CHEERFY’s or Sponsor’s reputation.
2.6. Notwithstanding the above, CHEERFY will have the right to terminate the Services by written notification with a minimum notice of 30 (thirty) days and the Services will remain valid until the end of the Cheerfy Subscription.
In the case of Sponsored Businesses, CHEERFY, with cause, or the Sponsor, in the event of closure of the Sponsored Business or the Sponsored Business no longer being a client of the Sponsor, will have the right to terminate a Cheerfy Subscription any time via written notification with a minimum notice of 15 (fifteen) days. Termination will be effective on the first day of the month following the notification. After termination all data processed during the Sponsored Business’ Subscription to the Service will be deleted permanently. The Sponsored Business may at any time register again for the Service.
2.7. Notwithstanding the above, CHEERFY will have the right to terminate the Services by written notification without notice if the underlying contract between the Sponsor and CHEERFY which allows for the sponsoring (“the Sponsoring Contract”) is terminated, regardless of the grounds of the termination. The Services shall remain valid until the end of the Sponsoring Contract. After termination all data processed during the Sponsored Business’ subscription to the Service will be deleted permanently, unless the Sponsored Business directly transfers the sponsored Cheerfy Subscription to an unsponsored Cheerfy Subscription. The Sponsored Business may at any time register again for the Service.
3.1. CHEERFY may offer different service plans to Businesses from time to time (the “Cheerfy Subscriptions”). The Services registration web page or written proposal to the Business will define the Cheerfy Subscriptions on offer, their duration and any payment that maybe be payable.
3.2. The Business may accept the purchase of different Cheerfy Subscriptions and associated prices. Under no circumstances shall CHEERFY charge for a different Cheerfy Subscription without the prior explicit consent from the Business.
3.3. For Sponsored Businesses CHEERFY will charge Sponsored Businesses for the portion of the Subscription after deducting the sponsorship. The Services online registration process will define the Cheerfy Subscriptions details, including prices, sponsorships and discounts.
4.1. CHEERFY may supply, as part of a Cheerfy Subscription, the Equipment estimated by CHEERFY as necessary to provide the Services at the Business Premises. The Business recognises and accepts that the Equipment will be owned by and is the responsibility of the Business.
4.2. The Business accepts that any activity carried out by the Business that involves moving, reconfiguring, disconnecting, removing, attempting to repair or altering the Equipment in any way, may impact CHEERFY ability to provide the Services.
4.3. The Business accepts not to expose CHEERFY to any claims or legal proceedings in relation to the Equipment.
4.4. The Business recognises and accepts responsibility to install the Equipment at the Business Premises.
5. Use of the Services by the Business
5.1. All the information supplied by the Business 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 Business is responsible for updating the Registration Data to ensure its accuracy at any time and shall immediately notify CHEERFY of any changes. The Business agrees to keep its Services login name and password confidential.
5.2. The Business shall refrain from using the Services in the following ways:
5.2.1. to carry out any fraudulent, criminal or illegal activity;
5.2.2. 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;
5.2.3. in a way that is annoying or offensive to third parties;
5.3. The Business 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 Business’ behalf. The Business is responsible for maintaining the list of invited End Users updated.
5.4. The Business recognises and accepts that CHEERFY is not responsible for the behaviour of any End User or the Business. The Business is the only one responsible for its interactions online or offline with End Users. The Business 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 Business might receive from End Users.
5.5. The Sponsor may from time to time propose content to the Sponsored Business (messages, surveys, use cases) in order to help the Sponsored Business in its use of the Services and/or to promotes Sponsor’s products and services.
Notwithstanding Section 7.15, Sponsor will never send content to the Sponsored Business’ End Users directly.
6. Intellectual Property
6.1. 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 them (the “Materials”), except those which may be owned by the Business or the Sponsor. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
6.2. The Business may not copy, reproduce, resell, distribute, spread, show, send or transmit the Materials by any means without prior written consent from CHEERFY.
6.3. 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.
6.4. These Terms and Conditions do not grant to the Business any intellectual or industrial property rights in connection with the Services, the Materials or the Equipment.
7. Data Protection Policy
7.1. The following data protection policy sets out the practices of CHEERFY regarding the personal data it receives from Businesses 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 Business, to provide the End User with a personalized experience, as well as to improve the CHEERFY Service.
7.2. CHEERFY and the Business may bilaterally share End Users’ Personal Data and process it for their own distinct purposes. CHEERFY and the Business shall be considered as Joint Controllers (in the meaning of Article 26 of the GDPR) with regard to this Personal Data which will be stored by CHEERFY in the Services.
7.3. CHEERFY and the Business handle their data processing activities in their own discretion. Therefore, they will be separately responsible for their data processing activities being in compliance with applicable data protection laws.
Where required under the applicable data protection laws, the Business shall conclude the respective agreements, e.g. data processing agreements or joint controller agreements, with any third party or subcontractor.
7.4. CHEERFY is responsible to provide the Information regarding CHEERFY’s and the Business’ respective data processing activities and the essence of the Joint Controllers Agreement to the relevant End Users in an appropriate legal manner, according to the Articles 13 (thirteen) and 14 (fourteen) of the GDPR.
CHEERFY and the Business are separately responsible to answer a data subject Request. CHEERFY and the Business shall mutually assist each other with reasonable means in case of data subject Request.
7.5. CHEERFY and the Business are separately responsible to provide notification to the supervisory data protection authority and, where applicable, to the affected data subjects in cases of a breach of security leading to the accidental or unlawful destruction, loss alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.
7.6. The Business may provide personal data to CHEERFY as part of the Services. This includes information of individuals acting on behalf of the Business, as well as information on End Users entered manually by the Business or extracted from the Business’ Customer Database regarding End Users which visit the Business while using the CHEERFY Services. CHEERFY must not use such data to provide services to other Businesses.
7.7. The Business warrants that all personal data provided to CHEERFY has been collected and is shared in compliance with applicable law, and that Business has obtained, where required by applicable law, any data protection consent declarations from individuals of which personal information is shared with CHEERFY.
7.8. End Users may provide data to CHEERFY about themselves in connection with the Business, such as rating, feedback, preferences and others collected through surveys. CHEERFY must not use such data to provide services to other Businesses.
7.9. To the extent the Business sends communications to End Users via CHEERFY, the Business 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.
7.10. CHEERFY may automatically compile certain information about the use of the Services at the Business Premises by the Business or by End Users. CHEERFY may share this information with the Business; and contains inter alia:
7.10.1. information about the End User registration data and visits to the Business’ Premises, including date, time, duration and frequency of visits; presence at the Business Premises; 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.
7.11. All information described in section 7.10.1. may be aggregated and anonymised for its sharing or commercialization with third parties in accordance with the law.
7.12. CHEERFY may share all data provided and/ or compiled with CHEERFY subsidiaries and subcontractors acting on its behalf.
7.13. The transmission of information via the Internet is not completely secure. Although CHEERFY will do its best to protect all data provided by the Business, CHEERFY cannot guarantee the security of data transmitted via our Services; any transmission is at the Business’ own risk. Once CHEERFY has received Business information, CHEERFY will use strict procedures and security features to try to prevent unauthorised access.
7.14. The Sponsor may access anonymized End User data described in section 7.6, 7.8 and 7.10.1 for its own purposes, including aggregation and profiling. The Sponsor is able to link this anonymized End User data to the respective Sponsored Business. The Sponsor may share all anonymized data provided and/ or compiled with Sponsor subsidiaries and subcontractors acting on its behalf. In this case, CHEERFY and the Sponsored Business will ensure the Sponsor doesn’t break any applicable data protection law, with responsibility lying with the former in connection with any type of breach any in this regard.
8. Warnings and responsibilities
8.1. CHEERFY will do its best effort but does not guarantee that the Services will be secure or free from bugs or viruses. The Business is responsible for configuring their information technology, computer programmes and platform in order to access and use the Services. The Business should use their own virus protection software.
8.2. The Business must not misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The Business must not attempt to gain unauthorised access to the Services, the CHEERFY server or any server, computer or database connected to the Services. The Business 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 Business 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 Business’ identity to them. In the event of such a breach, the Business’ right to use the Services will cease immediately.
9.1. The Business 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:
9.1.1. formulated or presented by any third party; because of:
188.8.131.52. contents that the Business gives, offers, publishes or transmits through the Services;
184.108.40.206. the use of the Services by the Business; or
220.127.116.11. the non-compliance with these Terms and Conditions by the Business.
10. Limitation of liability
10.1. 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.
10.2. 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.
10.3. CHEERFY will not be liable to any Business 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:
10.3.1. use of, or inability to use, our mobile application or website;
10.3.2. use of or reliance on any content displayed;
10.3.3. loss of profits, sales, business, or revenue;
10.3.4. business interruption;
10.3.5. loss of anticipated savings;
10.3.6. loss of business opportunity, goodwill or reputation; or
10.3.7. any indirect or consequential loss or damage.
10.4. CHEERFY has no liability to the Business for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.5. 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 Business’ 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.
10.6. 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 Business’ use of them.
11. Applicable Law and Jurisdiction and Miscellaneous
11.1. 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.
11.2. 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 updated: 23rd August 2019