Terms of service
Please read the Terms of Service of our website as it will contain important information regarding your rights.
Viewed: 2023-07-26 14:02:08
GENERAL INFORMATION
These Terms of Service (hereinafter referred to as the "Terms") shall be deemed to be a contract between Darbo Laiko Registravimo Sistema Ltd., company code 306736599, registered at Taikos pr. 18-116, LT-91224 Klaipėda, LT (hereinafter referred to as the "Company") and you, as a visitor to the website http://www.cherryteam.com (hereinafter referred to as the "Website"), and shall set out the general terms and conditions of use of the Website.
The terms "we", "us" or "our" used in the Terms and Conditions refer to the Company. The terms "you", "your", "visitor" or "customer" refer to any person who visits our Site.
Whether or not you are merely browsing the Site or purchasing the services provided on the Site ("Services"), your use of our Site constitutes your electronic consent and acknowledgement that you have read, understood and agree to be bound by these Terms.
We reserve the right, at our sole discretion, to modify and amend these Terms of Service, the Cookie Policy, the Privacy Policy, or any policies or agreements that are deemed to be part of these Terms at any time. You agree that any changes or additions shall be effective immediately upon posting on the Sites https://www.cherryteam.lt, https://www.cherryteam.com, https://www.cherryteam.es, https://www.cherryteam.co.uk. Your use of the Sites following such changes or additions constitutes your acceptance of these Terms.
If you do not agree to be bound by these Terms, please do not use (or stop using) these Sites after the most recent changes/additions.
RESTRICTIONS ON USE OF THE WEBSITE
By using this Website, you confirm that all personal information you provide to us is correct, you are not using another person's data or identity and you may enter into civil contracts in accordance with the laws of the Republic of Lithuania, or the laws of your own country if you are accessing our Website from another country.
If you are using our Website or purchasing Services on behalf of a legal entity, you confirm that you are duly authorised and have the right to accept these Terms on behalf of the legal entity you represent. In this case, the terms "you", "your", "visitor" or "customer" will mean the legal entity you represent. If it turns out that you do not have the proper authority or right to represent a legal entity, the responsibility for enforcing these Terms may be transferred to you personally.
RULES FOR USE OF THE WEBSITE
By using our Website, you agree to do so lawfully, in accordance with all applicable laws, regulations and legislation, and that the content you post is lawful and does not violate any law and/or the rights of other visitors.
You acknowledge and agree that by using our Site, you:
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You will not cause or seek to cause damage to the Site or to any other visitor (you will not install computer viruses, malicious code programs, or anything that may damage or interfere with the operation of the Site or any other visitor),
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you will not upload to the Site or to social networking accounts linked to the Site any confidential or proprietary information, defamatory or libellous information or content that may violate the privacy of another customer or any other person,
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you will not upload to the Site or to social networking accounts linked to the Site any information and/or content that may infringe the intellectual property rights of another person or entity,
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you will not copy or otherwise distribute this Site, any part of the Site or any information or content contained on the Site, without our prior written consent,
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you will not attempt to gain unauthorised access to the Site or its servers or any other servers to which our computers and databases may be connected,
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you will not use attacks on our Site or otherwise attempt to interfere with the operation of the Site,
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create a competing Product or copy any features or portions of features,
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attempt to modify or gain unauthorised access to other customers' accounts,
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not collect or distribute in an unauthorised manner any information or personal data from other customer accounts.
Please be advised that if you attempt or carry out a cyber-attack on our Website or our database, you may be prosecuted. We do not tolerate such activities and we will immediately report any illegal activity to the appropriate law enforcement authorities.
INTELLECTUAL PROPERTY
In addition to the above general rules for the use of the Site, the provisions of this section apply to the protection of the content contained on our Site. All information on our Site, including data, text, software, program code, graphics, photos, sounds, music, videos and features, and the trademarks, service marks and logos contained therein ("Content"), is protected by copyright, trademark and other intellectual property laws. All Content that we make available on our Site or through other channels linked to the Site is owned by or licensed to Darbo Laiko Registravimo Sistema Ltd.
You may use the information and content on our Site on your computer or other device screen or store the Content on your electronic devices.
The Content on the Site is provided to you on an "as is", "as available" and "as available" and "with all faults" basis for your personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purpose without our prior written consent. These Terms do not grant you any copyright, trademark, patent or other intellectual property rights or licenses.
LINKS TO THIRD PARTY WEBSITES
For your convenience, our Website may contain links to other websites (e.g. Youtube, Facebook, Google, etc.) belonging to our partners or third parties that we do not control. We are not responsible for the content, information or data available on such third party websites, their terms and conditions, as well as their cookie and privacy policies.
We are not responsible for the information and protection of personal data contained on such sites, and we do not accept any liability for any damage or loss that may result from the use of such sites, or the advertising, content, products or services found on them. When following links to any third-party website, we encourage you to review the terms, conditions, and privacy policies of each such website before submitting personal information or accessing them.
LIMITATION OF LIABILITY
If You fail to comply with these Terms, You will be liable to Us or visitors to the Site for direct damages arising out of a specific breach of these Terms.
By using this Website, You agree to do so at Your own risk. We make no warranties whatsoever in relation to our Site or your use of it. By using our Site, you acknowledge that you understand that we cannot guarantee the complete security of the Site. You assume all risks as an internet user.
We will always endeavour to ensure that the information and data provided on the Website is correct and up-to-date, but please be aware that the Website may be subject to inaccuracies, which include technical problems and malfunctions that may occur during your use of our Website. If we become aware of or are informed of any malfunctions, errors or inaccurate information in the content of our Website, we will take steps to correct them as soon as possible, but in no event shall we be liable for:
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incompatibility of Our Site with the hardware, software and telecommunications used by You;
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external technical problems affecting the smooth operation of the Site;
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the content and security of third-party websites to which links may be provided on our Site;
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failure of the Site to meet your expectations.
By using Our Site, You agree that, to the fullest extent of applicable law, We will not be liable to You or any third party for incidental or consequential damages, or for any other damages, direct or indirect, arising out of Your use of Our Site in violation of these Terms and Conditions.
INDEMNIFICATION
You are responsible for the content you submit and you agree to indemnify us and/or our affiliates from and against any and all claims, actions, demands for costs and damages (including, without limitation, reasonable attorneys' fees) that we or visitors to the Site may suffer, directly or indirectly, as a result of:
a) Your use of this Site,
b) your breach of any of the provisions or agreements in these Terms and the Privacy Policy; and/or
c) infringement of any third party's rights, including but not limited to infringement of any intellectual property rights.
The indemnification provisions of this section shall survive the termination or expiration of these Terms and your use of this Site.
PRIVACY POLICY
We ensure that all personal data that We collect or that You transmit to Us will be kept confidential and processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ("General Data Protection Regulation") and our Privacy Policy. Please read our Privacy Policy carefully as it contains important information about the collection, use and storage of your personal data. By using our Website, you confirm that all the information you provide is true and accurate.
DATA TRANSFER
If you visit this Site while you are in a country other than the country in which Our Company operates, this may result in an international transfer of information. By visiting this Site and communicating with us electronically, you consent to and do not object to such transfer of information.
SITE ACCESSIBILITY
We will use our best efforts to keep Our Site available and operational 24 hours a day, 7 days a week, but the Site may be unavailable for reasons beyond Our control, including, but not limited to, interruption or failure of telecommunications or digital transmission links, and periodic maintenance, repairs, or upgrades to the Site or its features, which may be carried out periodically.
You agree and acknowledge that We cannot guarantee the uninterrupted operation of this Site and accept no liability to You or any other person.
TERMINATION OF SERVICES
We reserve the right to discontinue our services at any time by giving you 30 calendar days' written notice. Whilst we will use our best endeavours to maximise the duration of all our services, there may be occasions when a service offered by us will be terminated. In the event of termination of our services, we will stop the automatic debit and refund you for the paid but unused period.
SUBSCRIPTION ORDER
The Subscription Terms and Conditions will be provided to you prior to payment and will also be available on our Website.
By ticking the box next to the "Accept Terms and Conditions" link and clicking on the "I accept" button below the Terms and Conditions, you accept and agree to be bound by these Terms and Conditions.
CONTRIBUTIONS AND FEES
You agree and do not object to your payments being collected and administered by Darbo Laiko Registravimo Sistema Ltd.
The Company provides a free trial period for the first month ("Trial Period"). At the end of the Trial Period, if you do not take any active steps to cancel your subscription, your subscription will be automatically renewed and become a paid subscription. The Company will automatically charge the subscription fee on the day following the end of the Trial Period on a monthly basis or at such other interval as Darbo Laiko Registravimo Sistema Ltd. may specify in a special offer. If you do not wish to be charged, you must cancel your subscription before the end of the Trial Period.
By subscribing to the Services, you agree that periodic payments will be made, without your express consent, by debiting your payment card. You accept responsibility for ensuring that the appropriate amount of money is in your account at the time of the Company's instruction to the bank or payment institution. In the event of failure to debit your payment card, you undertake to replenish your account immediately with the relevant amount of money. Failure to replenish your account with the relevant amount of money within a period of 14 days will result in the suspension of your subscription and limitation of the Services.
We reserve the right to change our prices and applicable fees and such changes will be posted on this Site. Existing Customers will be notified of price changes by email.
CANCELLATION OF SUBSCRIPTION
In order to ensure that the Services are provided to you without interruption, our Services are sold with an automatic subscription renewal feature.
Except for the reasons described in this section, the subscription renewal function will renew the service provided to you, for the same term, according to the last period of the service you ordered. For example: if the last service period was one year, the services will be renewed for the same one-year period.
If the Company is unable to charge the monthly subscription fee on the renewal date and the charge is made at a later date, subsequent subscription fee charges will be made on the date of the subscription order or the date of the renewal (renewal).
In the case of subscriptions ordered on the 29th, 30th, 31st, not all months have that many days, in the case of a month that does not have that many days, the subscription will be debited on the last day of the month.
If you do not cancel your subscription, we will automatically renew your service when it expires and debit the payment from the payment method associated with the order you placed. If you do not want your subscription to be automatically renewed, you may cancel your subscription up to 48 hours before the end of the plan you have booked, in which case the services will be terminated at the end of the term of the existing subscription, unless you renew your subscription yourself before the end of that period.
You can cancel your subscription from your account or by notifying us at [email protected]
STOPPING YOUR SUBSCRIPTION AND REFUNDING YOUR MONEY
You have the right to suspend your subscription once you have purchased the Services. You can do this in your account in Settings > Companies & subscriptions by clicking on the Suspend subscription button. Suspending your subscription will also stop automatic withdrawals.
Your subscription will be stopped automatically if the current month's payment has not been debited within 14 days. If your subscription is suspended for more than 14 days due to a missed payment, your Services will be limited. Suspended and restricted accounts will be retained in the Company for a maximum of one year. You acknowledge and agree that upon expiration of the term, the accounts will be deleted with all information stored in the account.
You have the right to cancel your subscription at any time, but you will not be refunded for the subscription period. You will be able to use the Services for the remainder of the paid subscription period, and access to your personal account will remain active and will allow you to view the history of the Services you have purchased from the Company after the end of the subscription.
COMPLIANCE WITH LOCAL LAWS
We do not warrant that the Products and/or Content on this Site are legal in all states, countries and jurisdictions. You are prohibited from accessing this Site from countries and jurisdictions where the Products and/or Content on this Site are prohibited by local laws. If you choose to access this Site and its Content from a foreign country, you are responsible for compliance with all laws and regulations in your location.
APPLICABLE LAW
These Terms and any disputes and claims arising out of or relating to them shall be governed by and construed in accordance with the laws of the Republic of Lithuania.
DISPUTE RESOLUTION
Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions shall be settled by negotiation, failing agreement within 30 (thirty) calendar days, the dispute shall be settled in the courts of the Republic of Lithuania. The courts of Lithuania will have exclusive jurisdiction over any dispute or claim arising out of these Terms.
SECTION HEADINGS
The section headings found in these Terms are for convenience of reference only and shall not be construed for the purpose of interpreting or construing the Terms.
VALIDITY OF THE CONDITIONS
The invalidity of one part of the Terms does not invalidate the entire Terms. If any part of these Terms is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, such part will be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
CONTACT INFORMATION
If you have any questions regarding these Terms, please contact us using the contact details below:
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Email: [email protected]
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Tel. +370 635 35553
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Address: Taikos pr. 18-116, LT-91224 Klaipėda, Lithuania