Legal/Business Services

TERMS AND CONDITIONS FOR CHEERFY BUSINESS SERVICES

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE CHEERFY SERVICES AND IN PARTICULAR CLAUSES 2.3 AND 3.3 7 WHICH SETS OUT HOW CHEERFY USES PERSONAL DATA

CHEERFY LTD offers different services to the Business (as defined below). Cheerfy Loyalty enable a person (the “End User”) to connect with a Business to participate in loyalty programs, receive personalised rewards and in general receive marketing communication and information that suits the End User’s individual interests as far as legally possible. Cheerfy Shop is an online ordering system that allows the End User to connect with a Business through the website of the Business in order to enable the End User to order and pay for products online. Use of the Services will automatically provide End User’s personal data to Business.

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).

By using the Services, the Business confirms that it accepts 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”.

DEFINITIONS

“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.

“Cheerfy Applications” are the mobile or desktop applications as well as websites provided by Cheerfy which the Business can use to manage the Services.

“Cheerfy Equipment” is a Wi-Fi router supplied by CHEERFY and owned by the Business.

“Cheerfy Loyalty” means a service that enables the End User to connect with a Business to participate in loyalty programs, receive personalised rewards and in general receive marketing communication and information that suits the End User’s individual interests as far as legally possible.

“Cheerfy Shop” means a Software-as-a-Service online ordering system that allows the End User to connect with a Business through the website of the Business in order to enable the End User to order and pay for products online.

“Customer Database” is any system owned by the Business that contains End User information collected by the Business, such as Customer Relationship Management (CRM) systems, Point of Sale (PoS), Business Intelligence (BI) databases and others.

“End User” or “End Users” are the individual(s) entitled to use the Wi-Fi Access or connect via the Websites.

“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.

“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…).

“Services” means the Cheerfy Loyalty and the Cheerfy Shop services.

“Sponsor” or “Sponsors” means companies who pay in part or in full the subscriptions of Businesses to the Services.

“Sponsored Business” or “Sponsored Businesses” means Businesses whose subscriptions to the Services 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.

“Website” or “Websites” means web pages that enable registration for and/or access to the Cheerfy Loyalty and the Cheerfy Shop Services by End Users.

“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.

1.   General terms applying to the Services

1.1.    General

1.1.1.  CHEERFY may change the technical specifications of the Services at any time.

1.1.2.  CHEERFY will provide a helpdesk service to the Business in connection to the Services through the Website and via email at support@cheerfy.com (the “Cheerfy Helpdesk”). The Business will be responsible for notifying CHEERFY of any incidents impacting the Services.

1.1.3.  The Business may publish at its own discretion additional End User terms and conditions in connection with purchases through the Services and loyalty programs and rewards implemented through the Services.

1.2.    Cheerfy Applications

1.2.1.  CHEERFY provides 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 create online menus, connect to online payment gateways, detect the arrival of customers to the Business Premises or the Websites, to implement loyalty programs, to deliver personalised rewards, to maintain a profile about each of them and to engage them through electronic messages (that can be personalised) during and after their visit o transacción.

1.2.2.  CHEERFY makes the latest version of Cheerfy Applications available online to the Business against payment for the duration of the subscription.

1.2.3.  CHEERFY grants the Business the non-exclusive and non-transferable right to use the Cheerfy Applications for the duration of the subscription within the framework of the Cheerfy Loyalty and/or Cheerfy Shop.

1.2.4.  The Business may only reproduce the Cheerfy Applications to the extent that this is covered by the intended use of the Cheerfy Applications.

1.2.5.  In the event of a malfunction, the Business should inform CHEERFY as soon as possible. CHEERFY will take reasonable steps to remedy the malfunction in a timely manner.

1.3.    Use of the Services by the Business

1.3.1.  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.

1.3.2.  The Business shall refrain from using the Services in the following ways:

1.3.2.1. to carry out any fraudulent, criminal or illegal activity;

1.3.2.2. 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;

1.3.2.3. in a way that is annoying or offensive to third parties;

1.3.3.  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 Applications on the Business’ behalf. The Business is responsible for maintaining the list of invited End Users updated.

1.3.4.  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.

1.4. Interaction with Business systems

1.4.1.  CHEERFY provides an API to allow the Business to engage third party service providers, e.g. providers for delivery services, Point of Sale providers. It is the Business’ responsibility to subscribe to the respective providers. CHEERFY merely provides the API and interacts with the Business systems and the third party providers. However, CHEERFY is not responsible for these systems and/or the providers.

1.4.2.  The payment service providers do not process the End User personal data as sub-processor of CHEERFY, but as an independent controller.

1.4.3.  The Business is solely responsible to ensure the lawfulness of the data transfer.

1.4.4.  CHEERFY may 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.

1.5.    Price

1.5.1.  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.

1.5.2.  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.

1.6.    Intellectual Property

1.6.1.  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.

1.6.2.  The Business may not copy, reproduce, resell, distribute, spread, show, send or transmit the Materials by any means without prior written consent from CHEERFY.

1.6.3.  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.

1.6.4.  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.

1.7. Warnings and responsibilities

1.7.1.  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.

1.7.2.  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 servers 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. 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.

1.8. Indemnity

1.8.1.  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 formulated or presented by any third party; because of:

1.8.1.1. contents that the Business gives, offers, publishes or transmits through the Services;

1.8.1.2. the use of the Services by the Business; or

1.8.1.3. the non-compliance with these Terms and Conditions by the Business.

1.9. Limitation of liability

1.9.1.  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 the law.

1.9.2.  To the extent permitted by law, CHEERFY excludes all conditions, warranties, representations or other terms which may apply to the Services whether express or implied.

1.9.3.  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:

1.9.3.1. use of, or inability to use, the Cheerfy Applications or Website;

1.9.3.2. use of or reliance on any content displayed;

1.9.3.3. loss of profits, sales, business, or revenue;

1.9.3.4. business interruption;

1.9.3.5. loss of anticipated savings;

1.9.3.6. loss of business opportunity, goodwill or reputation; or

1.9.3.7. any indirect or consequential loss or damage.

1.9.4.  CHEERFY has no liability to the Business for any loss of profit, loss of business, business interruption, or loss of business opportunity.

1.9.5.  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 the way the Business uses our Services or its downloading of any content on it, or on any website linked to it.

1.9.6.  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.

1.10. Validity and termination

1.10.1. These Terms and Conditions will remain in force from the date on which CHEERFY activates the Cheerfy Subscription to the respective Services (the “Delivery Date”) and while a valid Cheerfy Subscription is active.

1.10.2. 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.

1.10.3. The Business may cancel its Cheerfy Subscription at any moment; the Services shall remain valid until the end of the Cheerfy Subscription.

1.10.4. 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 reputation.

1.10.5. The Business acknowledges the terms and conditions of service for the use of the Cheerfy User Services by the End Users and the Privacy Policy applicable to such services as defined by CHEERFY.

1.10.6. Notwithstanding the above, CHEERFY will have the right to terminate the Cheerfy Subscription by written notification with a minimum notice of 30 (thirty) days.

1.11. Applicable Law and Jurisdiction and Miscellaneous

1.11.1. 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.

1.11.2. The illegality, invalidity or total or partial inoperability 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.

1.11.3. 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.

2.   Specific terms for Cheerfy Loyalty

2.1.    End User Registration

2.1.1.  End Users may register to the Cheerfy Loyalty services using the Websites, accessible via the Business Wi-Fi Network, the Business website and other websites.

2.2.    Specific requirements regarding the End User’s access via the Business Wi-Fi Network

2.2.1.  CHEERFY controls 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.

2.2.2.  To be provided with the Services, the Business may need to 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.

2.2.3.  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.

2.2.4.  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.

2.2.5.  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.

2.2.6.  The Business 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.

2.2.7.  CHEERFY may supply, as part of a Cheerfy Subscription, the Equipment estimated by CHEERFY as necessary to provide the Services at the Business Premises.

2.2.7.1. The Business recognises and accepts that the Equipment will be owned by and is the responsibility of the Business.

2.2.7.2. 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’s ability to provide the Services.

2.2.7.3. The Business accepts not to expose CHEERFY to any claims or legal proceedings in relation to the Equipment.

2.2.7.4. The Business recognises and accepts responsibility to install the Equipment at the Business Premises.

2.3. Data processing

The following sections set out the practices of CHEERFY regarding the personal data it receives from Businesses in the course of providing the Cheerfy Loyalty service and how CHEERFY will treat it. All information collected by CHEERFY is used to provide the Cheerfy Loyalty service to the Business and its End Users, to provide the End User with a personalized experience, as well as to improve the Cheerfy Loyalty service.

2.3.1.  CHEERFY and the Business may bilaterally share End Users’ Personal Data collected in the course of the Cheerfy Loyalty service 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 Cheerfy Loyalty service.

2.3.2.  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.

2.3.3.  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.

2.3.4.  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.

2.3.5.  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.

2.3.6.  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.

2.3.7.  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 who visit the Business while using the CHEERFY Services. CHEERFY must not use such data to provide services to other Businesses.

2.3.8.  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.

2.3.9.  End Users may provide data to CHEERFY about themselves in connection with the Business, such as rating, feedback, preferences, data collected through surveys and transactional information such as product purchases. CHEERFY must not use such data to provide services to other Businesses.

2.3.10. 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.

2.3.11. 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:

2.3.11.1.          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.

2.3.12. All information described in these sections may be aggregated and anonymised for its sharing or commercialization with third parties in accordance with the law.

2.3.13. CHEERFY may share all data provided and/or compiled with CHEERFY subsidiaries and subcontractors acting on its behalf.

2.3.14. 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.

3.   Specific terms for Cheerfy Shop

3.1.   Provision of the Cheerfy Shop Service

3.1.1.  CHEERFY provides the Business with Cheerfy Shop, which enables the Business to receive orders and payments for products online on its website.

3.1.2. The Business may use Cheerfy Shop stand-alone or in connection with Cheerfy Loyalty.

3.2. Duties of the Business

3.2.1. The Business is solely responsible for compliance with legal obligations regarding products and services purchased by or offered to the End User as part of the Cheerfy Shop service. This particularly includes processing of payments, provision and, if applicable, refund and return, of products and services.

3.3.    Data Processing

3.3.1. CHEERFY acts as a data processor with regard to the processing in connection with providing the Cheerfy Shop service. CHEERFY processes personal data in connection with offers and purchases by the End User only on behalf of the Business.

3.3.2. By agreeing to these Terms and Conditions CHEERFY and the Business also conclude the following data processing agreement:

3.3.2.1. The data processing agreement covers the processing of personal data of End Users accessing the Cheerfy Shop Services on the Business’ websites. The data categories include all personal data provided by the End User during the order, particularly name, email, phone number, address and order details.

3.3.2.2. The data processing serves the purpose of allowing the Business to process online orders received via the Cheerfy Shop Service.

3.3.2.3. The start and duration of the data processing agreement shall be determined by the term of the subscription.

3.3.2.4. CHEERFY processes the personal data only on documented instructions from the Business, unless required to do so by Union or Member State law to which CHEERFY is subject; in such a case, CHEERFY shall inform the Business of that legal requirement before processing, unless that law prohibits such information on important grounds of public interests;

3.3.2.5. CHEERFY ensures that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;

3.3.2.6. CHEERFY implements adequate technical and organisational measures;

3.3.2.7. Taking into account the nature of the processing CHEERFY assists the Business by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Business' obligation to respond to requests for exercising the data subject's rights;

3.3.2.8. CHEERFY assists the Business in ensuring compliance with the obligations pursuant to Articles 32 to 36 GDPR taking into account the nature of processing and the information available to CHEERFY;

3.3.2.9. At the choice of the Business, CHEERFY deletes or returns all the personal data to the Business after the end of the provision of services relating to processing, and deletes existing copies unless European Union or Member State law requires storage of the personal data;

3.3.2.10.CHEERFY makes available to the Business all information necessary to demonstrate compliance with the obligations laid down in Art. 28 GDPR and allow for and contribute to audits;

3.3.2.11. CHEERFY respects the conditions for engaging another processor according to the GDPR and conclude an agreement with such processor containing the same data protection obligations as set out in this Sec. 3.3.2. The Business hereby grants CHEERFY a general authorisation to engage the currently involved processors as well as other/new processors in the future.

3.3.3.Further, the Business allows and orders CHEERFY to anonymize personal data of End Users to use this data for statistical purposes.

3.4. Transition to Cheerfy Loyalty Services

3.4.1.  End Users may register with CHEERFY subsequent to ordering on the Business’ website. In this scenario, CHEERFY will use the End User personal data as controller to provide the Cheerfy Loyalty Services.

3.4.2.  Section 2.3 applies accordingly.

4.   Sponsorship of the Services

4.1. General rights and obligations of the Sponsor

4.1.1.  A Sponsor may pay in part or in full the Cheerfy Subscriptions of a Business to the Services.

4.1.2.  The Sponsor may from time to time propose content to the Sponsored Business (messages, surveys, use cases, products) to help the Sponsored Business in its use of the Services and/or to promote the Sponsor’s products and services. The Sponsor will never send content to the Sponsored Business’ End Users directly.

4.2. Use of End User data

4.2.1.  The Sponsor may access anonymized End User data described in Section 2.3 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 does not break any applicable data protection law, with responsibility lying with the Sponsor in connection with any type of breach in this regard.

4.2.2.  Notwithstanding the above, upon consent of the End User, the Sponsor may access End User data. Such access will follow the conditions established in CHEERFY’s Privacy Policy as well as in the End User’s consent and the Sponsor’s Privacy Policy, all of which provided to the End User. The Sponsor must not use End User data for other purposes than those consented by the End User.

4.3.    Validity and termination

4.3.1.  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 via written notification with a minimum notice of 15 (fifteen) days to the end of the month. 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.

4.3.2.  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.

4.3.3.  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 Sponsor’s reputation.

4.3.4.  If a Sponsored Business cancels its subscription, the Cheerfy Subscription will remain in force until:

4.3.4.1. In the event of an annual Cheerfy Subscription, 12 months after its activation or renewal.

4.3.4.2. 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.

4.4.    Price

4.4.1.  CHEERFY will charge Sponsored Businesses for the portion of the Cheerfy Subscription after deducting the sponsorship. The Services online registration process will define the Cheerfy Subscriptions details, including prices, sponsorships and discounts.

4.4.2.  The Sponsored Business recognises and accepts that the Services will be activated and available only at certain agreed Business Premises. This means the Services cannot be transferred to other premises owned by the Sponsored Business without prior written consent from CHEERFY and from the Sponsor.

Last updated: 26^th October, 2020