Cheer Up Marketing

Terms of Service

Please read these terms carefully. The terms “we”, “us” and “our” refer to Cheer Up Marketing.

“You” and “your” shall mean you as an individual, company, partnership or other legal entity (as applicable).

These terms (including the Privacy Policy and our Client Services Contract (if applicable) together with any other documents referred to in these terms) set out the terms and conditions (“Terms of Service”, “Terms”) on which you may use the cheerupmarketing.com website (the “Site”) and any products or services that are made available (collectively known in these Terms as the "Services”). By using the Site and/or any of the Services, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms then please do not use the Site and/or the Services.

We may update these Terms (and the documents referred to in them), the Site and/or any aspect of the Services at any time. It is your responsibility to check these Terms, the Site and the Services periodically for changes. Your continued use of the Site and Services following the changes will mean that you accept and agree to the changes. If you continue to comply with these Terms, we grant you a personal, non-exclusive, non-transferable licence to enter and use the Site.

About us

The Services are operated by Cheer Up Marketing. You can contact us by writing to us at kelly@cheerupmarketing.com

Our Services

Following payment (if applicable), we permit you access to the Services on a non-exclusive, revocable and non-transferable basis, for personal use, in accordance with these Terms. We reserve the right to withdraw, suspend, amend or restrict access to the Services we provide without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.

Payment

You may purchase a licence to use the Services on the Site or as agreed in advance with us, via a single payment or monthly instalments.

Purchases for Services may only be paid for on a single payment or monthly basis using the payment methods we make available from time to time through our payment facility on the Site. In respect of all payment methods, all prices shall be shown in Pound Sterling and payable in this currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions).

You agree to provide current, complete and accurate purchase information for all purchases made. You agree to update your information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if required.

We reserve the right to cancel your order at our discretion. We may refuse to process your transaction for any reason at any time at our sole discretion. We will not be liable to you or any third party due to any cancellation, refusal or suspension of any transaction after processing has begun.

If you pay via instalments and we have not received your payment within 30 days of the original order date, we may cancel the order and take legal action to recover the outstanding amount.

Refunds

Except where prohibited by law, your purchases are non-refundable.

Should you wish to have a refund on our Services, email kelly@cheerupmarketing.com no later than 7 days following the date of purchase, stating that you are requesting a refund and the reasons for your request. Except where prohibited by law, we have sole discretion as to whether you will receive a refund.

If you are not entitled to a refund and you are paying for the Services on a monthly basis you shall continue to make these payments.

Intellectual Property

We own, or are the licensee to, all rights, title and interest in and to the Site and the Services, including all Intellectual Property Rights. The Services contain proprietary material of Cheer Up Marketing which is protected by copyright and other laws in relation to proprietary rights.

All text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, and artwork (collectively known as the "Content"), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content, contained on the Site is owned and controlled by us, and is protected by copyright and various other intellectual property rights.

Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial purposes, without our express prior written consent.

Personal Data

Any personal data provided by you is processed by us in accordance with our Privacy Policy. By providing such personal data you agree to the terms of our Privacy Policy.

Additionally, by using the Site, you acknowledge and agree that transmitting data is never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by third parties, even if special measures are taken, for example, the data is encrypted.

Your use of the Site and Services

You may not use the Site and/or the Services for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of us or others.

Errors and inaccuracies

There may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in respect of the Services or on the Site, including without limitation, pricing information, except as required by law.

Links to third parties

The Site may provide links to other websites for your information. We have not reviewed these third party websites and have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material that may be found there, or any results that may be obtained from using them.

If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them.

Disclaimer and Warranties

The Site and the Services are provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.

We are not liable to you or any user for any use or misuse of the Site and/or the Services. Such limitation:

a) includes direct damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages);

b) applies whether damages arise from use or misuse of and reliance on the Site and/or the Services, from inability to use the Site and/or Services, or from the interruption, suspension or termination of the Site and/or Services (including any damages incurred by third parties).

Nothing in these Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability that cannot be limited or excluded by law.

Indemnification

You agree to indemnify, defend and hold harmless Cheer Up Marketing, our interns, subcontractors and employees, harmless from any claim or demand, including solicitors’ fees, made by a third party due to or arising out of your breach of these Terms or the documents they reference, or your violation of any law or the rights of a third party.

Limitation of Liability

To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of all or any part of the Site and/or Services. We shall not be liable to you for any indirect, consequential, special, exemplary, incidental or punitive damages, including lost profits, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages)

If, notwithstanding the other provisions of these Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site and/or any of the Services, our liability shall in no event exceed the greater of (1) the total of any fees with respect to the Services, or (2) £100.00.

Waiver

If we fail at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Severability

If any of the provisions within these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision, will to that extent be severed from these Terms, with the remaining provisions continuing to be valid and enforceable to the fullest extent permitted by law.

Entire Agreement

These Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Terms and any documents expressly referred to in them.

Force Majeure

Where we are prevented from or delayed in carrying out obligations under these Terms due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, pandemic/epidemic, lock-outs, strikes or other employment disputes, then our performance of our obligations shall be postponed until these circumstances end.

Third parties

No provision of these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Governing Law

These Terms and the contracts for the purchase of the Services through our Site shall be governed by the law of England and Wales. Any dispute arising from, or related to, such contracts or these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.