Please read these terms and conditions carefully as they contain important information about your rights and obligations when using this website (the ‘Website’) and in particular clause 11.3
The Website is owned and operated by Cloud UnLimited, trading as CloudLive (‘we’/’us’/’our’) of Third Floor, 207 Regent Street, London, W1B 3HH.
The term ‘you’ refers to the user or viewer of our Website.
By browsing on or using the Website you are agreeing to comply with and be bound by these terms and conditions which, together with our privacy policy, governs our relationship with you regarding the use of our Website.
1. ACCESS
1.1. You will be able to access parts of the Website without having to register any details with us. However, from time to time certain areas of this Website may be accessible only if you are a registered user.
1.2. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
1.3. We make reasonable efforts to ensure that this Website is available to view and use 24 hours a day throughout each year however, this is not guaranteed. The Website may be temporarily unavailable at anytime because of: server or systems failure or other technical issues; reasons that are beyond our control; required updating, maintenance or repair.
1.4. Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so.
2. REGISTERING ON THIS WEBSITE
2.1. When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
2.2. By registering on the Website you undertake:
2.2.1. That all the details you provide to us for the purpose of registering on the Website are true, accurate, current and complete in all respects
2.2.2. You will notify us immediately of any changes to the information provided on registration
2.2.3. You are over 18 or if under 18 you have a parent or guardian’s permission to register with the Website in conjunction with and under their supervision
2.2.4. To only use the Website using your own username and password
2.2.5. To make every effort to keep your password safe
2.2.6. Not to disclose your password to anyone
2.2.7. To change your password immediately upon discovering that it has been compromised
2.2.8. To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
2.3. You authorise us to transmit your name, address and other personal information supplied by you (included updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
3. ELIGIBILITY TO PURCHASE FROM THE WEBSITE
3.1. To be eligible to purchase the Services on this Website and lawfully enter into and form contracts with us, you must:
3.1.1. Be 16 years of age or over
3.1.2. Be legally capable of entering into a binding contract
3.1.3. Provide full details of an address in the United Kingdom or the European Economic Area, (if you reside in the EEA), for the performance or delivery of the Services
3.2. If you are under 16, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
4. INTELLECTUAL PROPERTY
4.1. The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to CloudLive moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).
4.2. You acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
4.3. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
4.4. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
4.5. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
4.6. You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
4.7. No licence is granted to you to use any of our trade marks or those of our affiliated companies.
5. DISCLAIMER
5.1. It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
5.2. We will not be liable to you if the Website is unavailable at any time.
5.3. We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.
5.4. All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.
5.5. Any prices and offers are only valid at the time they are published on the Website.
5.6. All prices and descriptions supersede all previous publications.
5.7. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
5.8. The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these terms and conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
5.9. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
5.10. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
5.11. We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you.
5.12. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
5.13. We reserve the right to disclose such information to law enforcement authorities as we reasonably feel is necessary should you breach this agreement.
6. USE OF THE WEBSITE
6.1. You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these terms and conditions, as may be amended from time to time without notice to you.
6.2. We provide access and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.
6.3. We reserve the right to:
6.3.1. Make changes to the information or materials on this Website at any time and without notice to you.
6.3.2. Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party.
6.3.3. Refuse to post material on the Website or to remove material already posted on the Website
6.4. You may not use the Website for any of the following purposes:
6.4.1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
6.4.2. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise
6.4.3. Breaching any applicable local, national or international laws, regulations or code of practice
6.4.4. Gaining unauthorised access to other computer systems
6.4.5. Interfering with any other person’s use or enjoyment of the Website
6.4.6. Breaching any laws concerning the use of public telecommunications networks
6.4.7. Interfering with, disrupting or damaging networks or websites connected to the Website
6.4.8. Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website
6.4.9. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation
6.4.10. To create and/or publish your own database that features all or substantial parts of the Website
6.4.11. Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner
6.5. In addition, you must not:
6.5.1. Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website
6.5.2. Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it
6.5.3. Attack the Website via a denial-of-service attack or a distributed denial-of service attack
6.5.4. Damage or disrupt any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website
6.6. A breach of this clause may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
7. SUSPENDING OR TERMINATING YOUR ACCESS
7.1. We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if:
7.1.1. You fail to make any payment to us when due
7.1.2. You breach the terms of these terms and conditions (repeatedly or otherwise)
7.1.3. You are impersonating any other person or entity
7.1.4. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
7.1.5. We suspect you have engaged, or about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website
8. REVIEWS
p style=”padding-left: 30px;”>8.1. You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.
8.2. You undertake that any review, feedback or rating that you write shall:
8.2.1. Comply with applicable law in the UK and the law in any country from which they are posted
8.2.2. Be factually accurate
8.2.3. Contain genuinely held opinions (where applicable)
8.2.4. Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving
8.2.5. Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence
8.2.6. Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach any legal duty you owe to a third party
8.2.7. Not be used to impersonate any person, or to misrepresent your identity
8.3. You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.
8.4. You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.
8.5. We reserve the right to publish, edit or remove any reviews without notifying you.
9. LINKING TO THE WEBSITE
9.1. You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
9.2. Any agreed link must be:
9.2.1. To the Website’s homepage
9.2.2. Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
9.2.3. Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
9.2.4. Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
9.3. We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
9.4. We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
10. EXTERNAL LINKS
10.1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
10.1.1. The privacy practices of such websites
10.1.2. The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
10.1.3. The use which others make of these websites
10.1.4. Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
11. LIMITATION OF LIABILITY AND INDEMNITY
11.1. Notwithstanding any other provision in these terms and conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
11.1.1. Death or personal injury resulting from our negligence
11.1.2. Fraud or fraudulent misrepresentation
11.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987
11.1.4. Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
11.2. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses which you have suffered or incurred arising out of or in connection with the provision of any matter in these terms and conditions even if such losses are forseeable or result from a deliberate breach by us or as a result of any action we have taken in response to your breach:
11.2.1. Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
11.2.2. Any loss of goodwill or reputation; or
11.2.3. Any special or indirect losses; or
11.2.4. Any loss of data
11.2.5. Wasted management or office time
11.2.6. Any other loss or damage of any kind
11.3. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these terms and conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
11.4. This clause does not affect your statutory rights as a consumer.
12. GENERAL
12.1. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
12.2. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in these terms and conditions and the remainder of the provision in question will not be affected.
12.3. All Contracts are concluded and available in English only.
12.4. If we fail, at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
12.5. A waiver by us of any default shall not constitute a waiver of any subsequent default.
12.6. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
13. GOVERNING LAW AND JURISDICTION
13.1. The Website is controlled and operated in the United Kingdom.
13.2. These terms and conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
1. INTRODUCTION
1.1. This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the services (the ‘Services’) listed on this website (the ‘Website’) to you.
1.2. Before confirming your order please:
1.2.1. Read through these terms and conditions (the ‘Conditions’) and in particular our cancellations and returns policy at clause 11 and limitation of our liability and your indemnity at clause 15
1.2.2. Print a copy for future reference.
1.2.3. Read our privacy policy regarding your personal information.
1.3. By ordering any of the Services listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
1.4. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
2. ABOUT US
2.1. This Website is owned and operated by CloudLive (‘we’/’us’/’our’) of Third Floor, 207 Regent Street, London, W1B 3HH.
3. COMMUNICATIONS
3.1. You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
3.2. We will contact you by email or provide you with information by posting notices on our Website.
4. OVERSEAS ORDERS
4.1. Our Website is only intended for use by customers resident in England, Wales, Scotland and Northern Ireland (the United Kingdom).
4.2. We may accept your order if you are resident in the European Economic Area (EEA), subject to reserving a right to amend the specifications or standards of the Services offered on the Website and/or these Conditions or to refuse to accept an order for our Services from you, if it will put an excessive strain on our business or if we have an objective reason for doing so. If we accept your order, you will be liable to pay for all and any additional costs that we incur in order to facilitate your order. You will have an opportunity to cancel your order in case the additional costs are not acceptable.
4.3. If we agree to supply any Services ordered from the Website for delivery outside the United Kingdom they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
4.4. You must comply with all applicable laws and regulations of the country for which the Services are destined. We will not be liable for any breach by you of any such laws.
5. REGISTRATION
5.1. When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
5.2. By registering on the Website you undertake:
5.2.1. That all the details you provide to us for the purpose of registering on the Website and purchasing the Services are true, accurate, current and complete in all respects
5.2.2. To notify us immediately of any changes to the information provided on registration or to your personal information
5.2.3. That you are over 18 or if under 18 you have a parent or guardian’s permission to register with and purchase the Services from this Website in conjunction with and under their supervision
5.2.4. To only use the Website using your own username and password
5.2.5. To make every effort to keep your password safe
5.2.6. Not to disclose your password to anyone
5.2.7. To change your password immediately upon discovering that it has been compromised
5.2.8. To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
5.3. You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
5.4. We reserve the right to terminate an agreement formed with you pursuant to clause 9 below and to suspend or terminate your access to the Website immediately and without notice to you if:
5.4.1. You fail to make any payment to us when due
5.4.2. You breach these Conditions (repeatedly or otherwise)
5.4.3. You are impersonating any other person or entity
5.4.4. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
5.4.5. We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website
6. ELIGIBILITY TO PURCHASE FROM THE WEBSITE
6.1. To be eligible to purchase the Services on this Website and lawfully enter into and form contracts with us, you must:
6.1.1. Be 18 years of age or over
6.1.2. Be legally capable of entering into a binding contract
6.1.3. Provide full details of an address in the United Kingdom or the European Economic Area (if you reside in the EEA) for the performance or delivery of the Services
6.2. If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
7. PRICE
7.1. The prices of the Services are quoted on the Website.
7.2. Prices quoted are for performance of the Services in the United Kingdom unless otherwise specified.
7.3. Unless otherwise stated, the prices quoted exclude VAT (we are not VAT registered).
7.4. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Services to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before we have commenced providing the Services.
8. PAYMENT
8.1. Payment can be made by any major prepay, credit or debit card or through an electronic payment account as explained on the order form.
8.2. By placing an order, you consent to payment being charged to your prepay/debit/credit card account or electronic payment account as provided on the order form.
8.3. Payment will be debited and cleared from your account before the provision of the Service to you.
8.4. When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
8.5. By accepting these Conditions you:
8.5.1. Undertake that all the details you provide to us for the purpose of purchasing the Services are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Services ordered
8.5.2. Undertake that any and all Services ordered by you are for your own private or domestic use only and not for resale
8.5.3. Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
8.6. We shall contact you should any problems occur with the authorisation of your card.
8.7. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
9. ORDER PROCESS AND FORMATION OF A CONTRACT
9.1. All orders are subject to acceptance and availability. If any Services ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
9.2. Any order placed by you constitutes an offer to purchase the Services from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
9.3. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
9.4. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Services ordered by you from the Website.
9.5. A contract between you and us (the ‘Contract’) incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we shall be providing the requested Service or made it available to be downloaded. We will send you an email to confirm this (a ‘Confirmation Notice’). The Confirmation Notice will amount to an acceptance of your offer to buy the Services from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).
9.6. Where we agree to supply Services to you permanently or on an ongoing (continuous) basis, such as by subscription, they shall be provided for a minimum fixed period of time (the ‘Minimum Duration’). The length of the Minimum Duration will depend on which package or product you have selected to purchase and is provided on the Website.
9.7. The Contract will relate only to the Services stated in the Confirmation Notice. We will not be obliged to supply any other Services which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.
9.8. You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
9.9. You will be subject to the version of our policies and Conditions in force at the time that you order the Services from us, unless:
9.9.1. Any change to those policies or these Conditions is required to be made by law or governmental authority
9.9.2. We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice
10. DELIVERY
10.1. The Services will be delivered to you at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders. We may where appropriate and at our option, deliver all or part of the Services, to the email address you supplied on registration or such other email address that we agree to use to communicate with you.
10.2. Any dates quoted for completing performance of the Service are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.
10.3. We shall not be liable for any delay in completing performance of the Service, however caused.
10.4. The Services may be sent to you in instalments.
11. CANCELLING YOUR CONTRACT AND RETURNS
11.1. Cancelling before receiving a Confirmation Notice
11.1.1. You may cancel your order for the Services at any time prior to receiving a Confirmation Notice from us so long as you contact us in writing. You can send us a cancellation notice by sending an email to admin@cloudlive.co or a letter to Third Floor, 207 Regent Street, London, W1B 3HH. Your cancellation notice must quote your name, address, the name or a description of the Services and your order reference number.
11.2. Cancellation after receiving a Confirmation Notice
11.2.1. You are entitled to cancel your Contract and obtain a refund within 7 working days from the date of the Confirmation Notice. This also applies, where appropriate and subject to clause 11.4, to items that are available to be downloaded. However, you will no longer have a right to cancel if, with your agreement, we have already commenced providing the Services to you before this period of time expires. We shall be deemed to have already commenced providing the Services, in circumstances where you have already downloaded products or materials that we made available to you, from the Website.
11.2.2. You may notify us of your wish to cancel by sending us a cancellation notice to admin@cloudlive.co or a letter to Third Floor, 207 Regent Street, London, W1B 3HH. Your cancellation notice must quote your name, address, the name or a description of the Services and your order reference number.
11.2.3. Upon receiving your cancellation notice, we will contact you providing any necessary instructions which you will be required to follow.
11.2.4. So long as you have complied with your obligations under this clause, we will refund the purchase price to you by crediting the payment card you used to purchase the Services.
11.3. Cancelling ongoing Services
11.3.1. Some of the Services that we provide are available for a fixed period of time (such as Services available by subscription). In this clause these Services are referred to as ‘Ongoing Fixed Term Services’.
11.3.2. You are entitled to cancel your Contract for any Recurrent Fixed Term Services that you have purchased and obtain a refund within 7 working days from the date of the Confirmation Notice. This also applies, where appropriate, and subject to clause 11.4, to items that are available to be downloaded.
11.3.3. You will no longer have a right to cancel any Ongoing Fixed Term Services if, with your agreement, we have already commenced providing this service to you within 7 working days from the date of the Confirmation Notice. We shall be deemed to have already commenced providing the Ongoing Fixed Term Services, in circumstances where you have already downloaded products or materials that we made available to you from the Website.
11.3.4. In these circumstances you cannot cancel the Contract for any Ongoing Fixed Term Services until the end of the Minimum Duration (even where the Minimum Duration is more than one year) and you will not be entitled to a refund.
11.3.5. Although you may notify us of your intention to cancel an Ongoing Fixed Term Services at any time, such notice will only take effect after the Minimum Duration has elapsed. You may notify us of your wish to cancel the Ongoing Fixed Term Services by sending us a cancellation notice to admin@cloudlive.co or a letter to Third Floor, 207 Regent Street, London, W1B 3HH. Your cancellation notice must quote your name, address, the name or a description of the Services and your order reference number.
11.4. Exception to the right to cancel
You will not have a right to cancel an order for any goods or services purchased from us, in the following situations:
11.4.1. If you expressly agree to us beginning to provide any services before the end of the cancellation period.
11.4.2. The Contract is for goods which are bespoke or have been personalised or which may deteriorate (such as food)
11.4.3. The Contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us
11.4.4. The Contract is for the sale of land, auctions and financial service agreements
11.4.5. The Contract is for the supply of:
11.4.5.1. Audio or video recordings and computer software if unsealed by you
11.4.5.2. Audio or video recordings and software and other items that you have successfully downloaded where a free trial or demonstration was available to you to view or download
11.4.5.3. Newspapers, magazines and other periodicals
11.4.5.4. Gaming, betting and lottery services
11.5. Incorrectly priced or described Services
11.5.1. Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those Services to you.
11.5.2. If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.
11.5.3. If we discover the error after sending you a Confirmation Notice we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognised by you. We will notify if we cancel the Contract.
11.5.4. If your order is cancelled or rejected and you have already paid for the Services, you will receive a full refund in accordance with clause 11.7
11.6. Delivery by instalments
11.6.1. The Services may be sent to you in instalments. You may cancel the outstanding part of your order and receive a refund, if you have already paid, of the purchase price of the outstanding Services in accordance with clause 11.7
11.7. Processing refunds
11.7.1. We will notify you about your refund via email within a reasonable period of time. We will usually process a refund as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to a refund. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the Services.
12. COMPLAINTS
12.1. If you have a comment, concern or complaint about any Services you have purchased from us, please contact us via email at admin@cloudlive.co or by post at Third Floor, 207 Regent Street, London, W1B 3HH.
13. INTELLECTUAL PROPERTY
13.1. The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to CloudLive moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
13.2. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
13.3. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
13.4. You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
13.5. No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.
13.6. Services sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
14. WEBSITE USE
14.1. You are permitted to use the Website and the material contained in it only as expressly authorised by us under our terms of use.
15. LIABILITY AND INDEMNITYp>
15.1. Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
15.1.1. Death or personal injury resulting from our negligence
15.1.2. Fraud or fraudulent misrepresentation
15.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987
15.1.4. Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
15.2. The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
15.3. We will not be liable if the Website is unavailable at any time.
15.4. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
15.5. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
15.6. We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
15.7. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
15.8. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
15.8.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
15.8.2. any loss of goodwill or reputation; or
15.8.3. any special or indirect losses; or
15.8.4. any loss of data; or
15.8.5. wasted management or office time; or
15.8.6. any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Services even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 15.8.1 to 15.8.6, is strictly limited to the purchase price of the Services you purchased.
15.9. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
15.10. This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
16. REVIEWS
16.1. You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.
16.2. You undertake that any review, feedback or rating that you write shall:
16.2.1. Comply with applicable law in the UK and the law in any country from which they are posted
16.2.2. Be factually accurate
16.2.3. Contain genuinely held opinions (where applicable)
16.2.4. Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving
16.2.5. Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence
16.2.6. Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach of any legal duty you owe to a third party
16.2.7. Not be used to impersonate any person, or to misrepresent your identity
16.3. You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.
16.4. You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.
16.5. We reserve the right to publish, edit or remove any reviews without notifying you.
17. FORCE MAJEURE
17.1. We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control (‘Force Majeure’), which, without limitation, include:
17.1.1. Strikes, lock-outs or other industrial action
17.1.2. Shortages of labour, fuel, power, raw materials
17.1.3. Late, defective performance or non-performance by suppliers
17.1.4. Private or public telecommunication, computer network failures or breakdown of equipment
17.1.5. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
17.1.6. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
17.1.7. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.1.8. Acts, decrees, legislation, regulations or restrictions of any government
17.1.9. Other causes, beyond our reasonable control
17.2. Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
17.3. Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.
18. PRIVACY POLICY
18.1. In order to monitor and improve customer service, we sometimes record telephone calls.
18.2. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information. All information provided by you will be treated securely and in accordance with the Data Protection Act 1998 (as amended).
18.3. You can find full details of our Privacy Policy on the Website.
19. THIRD PARTY RIGHTS
19.1. Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
20. EXTERNAL LINKS
20.1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
20.1.1. The privacy practices of such websites
20.1.2. The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
20.1.3. The use which others make of these websites; or
20.1.4. Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
21. LINKING TO THE WEBSITE
21.1. You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
21.2. Any agreed link must be:
21.2.1. To the Website’s homepage
21.2.2. Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
21.2.3. Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
21.2.4. Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
21.3. We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
21.4. We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
22. NOTICES
22.1. All notices given by you to us must be given to us at Third Floor, 207 Regent Street, London, W1B 3HH or by using admin@cloudlive.co. We may give notice as described in clause 3
22.2. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
23. ENTIRE AGREEMENT
23.1. The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
23.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
23.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Conditions.
24. GENERAL
24.1. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
24.2. All prices and descriptions supersede all previous publications. All product descriptions are approximate.
24.3. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
24.4. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
24.5. All Contracts are concluded and available in English only.
24.6. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
24.7. A waiver by us of any default shall not constitute a waiver of any subsequent default.
24.8. No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3
24.9. Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
25. GOVERNING LAW AND JURISDICTION
25.1. The Website is controlled and operated in the United Kingdom.
25.2. Every purchase you make shall be deemed performed in England and Wales.
25.3. The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
Terms of Use
These terms of service (“Terms”) govern your access and use of all CloudLive services so please read them carefully before using the services.
By using the services you agree to be bound by these Terms in their entirety.
If you are using the services on behalf of an organization then you are agreeing to these terms for that organization and are warranting that you have the authority to bind that organization to these terms. In that case “you” and “your” will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with CloudLive and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
Your Files and Privacy
By using our Services you provide us with information, files, and folders that you submit to CloudLive (together, “your files”). You retain full ownership to your files. We don’t claim any ownership of any of it. These Terms do not grant us any rights to your files or intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your files, for example, hosting your files, or sharing them at your discretion. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services.
To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how the Services change, we won’t share your content with others, for any purpose unless you direct us to. How we collect and use your information generally is also explained in our
Privacy Policy.
You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
We may choose to review public content for compliance with our community guidelines, but you acknowledge that CloudLive has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
Sharing
The Services provide features that allow you to share your files with others or to make it public. There are many things that users may do with your files (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. CloudLive has no responsibility for that activity.
Modifications
We may revise these Terms from time to time and the most current version will always be posted on our website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
Software and Updates
Some of our Services require you to download a client software package (“Software”). CloudLive hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available. Your acceptance of such updates is required under the Terms.
Account Security
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify CloudLive of any unauthorized use of your account.
Your General Responsibilities
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not CloudLive, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You, and not CloudLive, are responsible for maintaining and protecting all of your files. CloudLive will not be liable for any loss or corruption of your files, or for any costs or expenses associated with backing up or restoring any of your files.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.
Limitation of Liability
THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CloudLive will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CLOUDLIVE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT CLOUDLIVE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF £5 OR THE AMOUNTS PAID BY YOU TO CLOUDLIVE FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
Termination
You can stop using our Services any time. We reserve the right to suspend or end the Services at ANY time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. If we terminate your service for breach of these terms no refund of any fees paid to CloudLive relating to your service will be offered. If we terminate your service for any other reason than breach of these terms, or at our sole discretion, then we may refund unused portion of fees paid for the Services on a pro-rate basis.
Jurisdiction
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY UNITED KINGDOM LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE COURTS OF MANCHESTER, UK AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and CloudLive with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. CloudLive’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but CloudLive may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. CloudLive and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Free Trial Period
Where services are offered on a free trial basis, payment will be taken for the first month, quarter or year when you enter your billing details during the free trial period.
The renewal date for the contract shall be deemed to be one month, quarter, one year or three years following the end of the free trial period.
If you wish to cancel your contract during the free trial period you may do so by informing us in writing before the end of the free trial period, and before you have made payment.
If you do not cancel your service prior to the end of the free trial period the fees for the first month, quarter, one year or three years of your service will become due.
Optionally, with some services, you may pay in advance at the commencement of your free trial. In these circumstances you cannot cancel the free trial as described above, but a money back guarantee may be available if you chose to cancel within 30 days.
Money Back Guarantee
Some services are advertised as including a money back guarantee. To receive a refund under the guarantee you must inform us in writing before the end of the advertised money back guarantee period.
If you do not claim a refund of fees during this period then no refund will be due.
Money back guarantee is not available in combination with a free trial. If you pay for our services during or at the end of a free trial period then no money back guarantee will be available.
Fees
All charges payable by you for the CloudLive Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site, errors and omissions excepted, and shall be due and payable in advance of provision of the CloudLive Services.
80% of the first year’s fees charged for any CloudLive service relate to the initial setup of your account, provisioning of computer hardware, support and service activation. You agree that, except where otherwise specified in these terms, these fees are not refundable on any basis.
We reserve the right to alter pricing, including ceasing to offer elements of the CloudLive Services. CloudLive will inform you by email if the charge for a service is to be altered. You can then decide if you want to continue to use such service. Your continued use of the service after the proposed fee modification has been notified will be considered acceptance of the proposed fee modification.
All fees for our services are due in advance and your contract will automatically renew on its anniversary month, quarter, year or three years, at which point fees for the following month, quarter, year or three years become payable. If you choose to pay by credit or debit card then you authorise CloudLive to debit your account renewal fees from your card. If you wish to cancel your contract with CloudLive, you must do so in writing before the renewal of your contract.
All fees paid to us are non refundable except in circumstances set out in these Terms.
You agree not to issue a chargeback via your bank in relation to any fees charged by us. If you do so you accept that you will be liable for our costs in dealing with the chargeback and recovering any fees properly due to us under the Terms.
Intellectual Property
Please be aware that we may use any feedback, comments, or suggestions that you send us or post in our forums without any obligation to you.
The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. These Terms do not grant you any rights to use the CloudLive trademarks, logos, domain names, or other brand features.
Additional Terms applicable to use of CloudLive Backup
Some services, including but not limited to the CloudLive BackupLite package are sold on a per-computer basis and include unlimited data backup for that computer. You are only permitted to backup data stored on a) internal hard drives of that computer, b) externally connected drives, such as USB drives, connected to that computer or c) NAS storage devices attached to that computer. Backing up of NAS storage devices will incur an extra charge and is only compatible on some packages.
There is a limit of 5TB for any single external drive including NAS devices and USB drives.
With the exception of our business service, services that include BackupLite and BackupPro are not to be used for archiving. You must at all times hold an original copy of the data in the original location on the system it was backed up from. If you delete files from your computer that have been backed up we will remove the corresponding backup from our servers.
You must at all times run the CloudLive software on any computer that is being backed up and you must ensure this computer connects to the Internet at least once every 30 days. CloudLive will remove backups for computers that have not connected to the service for 30 days.
If you wish to restore data backed up onto our servers we may require up to 72 hours notice. Whilst ordinarily we would expect your data to be available for restore immediately, we reserve the right to archive data in facilities where it may not be available for immediate access.
You agree not to misuse the CloudLive services. For example, you must not, and must not attempt to, use the services to do the following things.
Copyright Policy
In accordance with the Digital Millennium Copyright Act of 1998, CloudLive will respond expeditiously to claims of copyright infringement committed using the CloudLive service and/or the CloudLive website (the “Site”) if such claims are reported to CloudLive in the manner identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it by postal mail to the address below.
DMCA Notice of Alleged Infringement (“Notice”)
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to:
Cloud UnLimited
Third Floor
207 Regent Street
London, W1B 3HH
This is a Service Level Agreement for CloudLive for the process of online backup and restores. We attempt to use no complicated terminology to allow you to fully understand this agreement.
Agreement
Cloud Un Limited, trading as CloudLive (“We”/”Us”/”Our”) agree to provide the Customer (“You”/”Your”) our backup service for your Personal Computer (“PC”) and any of your subsequent PC’s that you may opt to backup as described by our subscriptions or promotions for our Service Level Agreement (“SLA”). For the purposes of our SLA your data shall be deemed to include any information transmitted from any of your PC’s using the CloudLive Backup Software and Service.
Data Protection Provided
Backups are performed in the background to no set schedule, while your PC is powered on and you are logged in. After the first initial pass of backing up all your selected data has completed, Our CloudLive Backup software captures only changes to files and directories that you have selected for backup on your PC and queues them for transmission to our Servers.
Should you shutdown or restart the PC, CloudLive Backup Software should restart and re-queue the files it has yet to back up.
It is important that your PC has a stable Internet connection to assist the data transfer to complete successful backups. It is your responsibility to check that the correct files and directories are being monitored for backup, and to make sure that the backups have taken place successfully. This can be checked occasionally using the CloudLive Backup Software under the “Settings” tab, further selecting the “Advanced” tab, and then selecting the subsequent “Maintenance” tab to reveal the Integrity Check Tool. Run the “Check and repair your CloudLive” and the CloudLive Backup Software will check all local and remote files for any differences, and then queue the changes for transfer.
Your data is secured in a data centre in England and access to your data on our servers is secured using SSL AES-256bit Encryption technology which makes your data accessible only through your account using the password set at registration. You may encrypt the transfer of data from your PC’s to our Backup Service by modifying the CloudLive Backup Software settings, using the “Settings” tab, selecting the “Bandwidth” tab and ticking the box next to “Encrypt all transfers between CloudLive and your PC”. By selecting this option, you are enabling all your data to be encrypted before it is transferred to our servers. You will be responsible for any encryption key or method used to encrypt your data before it is backed up.
We provide a secured offsite location for your data to be stored. Our service should not be considered or used as a mission critical business component. There will be occasions when our service is offline for maintenance or updates so a 99.9% availability policy in any month is considered normal operating practice. The status of our service can be monitored at any time through the Service Status link on the top bar of the CloudLive website.
The actual backup and restore execution is dependent on various factors that include your network connectivity and the route from your computer to our servers in which we have no controlling factors. If in the event our service is not available at the data centre for times that exceed the limits mentioned above when computed on a yearly basis from a point in time, our liability would be limited to the user’s prorated charges for the outage time.
Historical Data Protection
After the initial backup of your PC has been a completed, subsequent backups of the same data files, if changed on the same PC, would be backed up to a maximum of 30 historical versions.
Internet-Based Backup and Restore
Backup and restore time over your network is limited by your Internet connection, bandwidth, speed and quality provided to you by your Internet Service Provider (“ISP”). Backups will take longer than restores due to the nature of broadband provisioning from your ISP. Compressing your data before backup will help backup and restore times. CloudLive does not limit your bandwidth, backup and restore speeds
Suspension or Termination of Service
In the event that your use of the CloudLive Backup Software is adversely affecting the operation of our Backup Service, your CloudLive Backup Account may be suspended or terminated by us without liability to us, our suppliers or our other users. In order to prevent your use of your CloudLive Backup Account from adversely affecting the effectiveness of our Service for other users, or to preserve system integrity or prevent network abuse, notice shall be provided to you via email promptly following such emergency suspension or termination. You are responsible for updating us with any changes to your email and contact information to facilitate communication of these notices by maintaining your “Account Settings” information via your personal CloudLive Web Portal.
From time-to-time our Service Level Agreement may change. Modification may include, but is not limited to, changes in system requirements, restrictions, limitations, or bandwidth requirements. You will be notified via email and/or through CloudLive Client Portal notifications. You are responsible for ensuring that your system conforms to any updated restrictions, limitations or requirements.
A. This Policy
B. Collection of Personal Data
C. Creation of Personal Data
D. Categories of Personal Data we may Process
E. Lawful basis for Processing Personal Data
F. Sensitive Personal Data
G. Purposes for which we may Process your Personal Data
H. Disclosure of Personal Data to third parties
I. International transfer of Personal Data
J. Data security
K. Data accuracy
L. Data minimisation
M. Data retention
N. Your legal rights
O. Cookies and similar technologies (Cookie Policy)
P. Terms of Use
Q. Direct marketing
R. Contact details
S. Definitions
(A) This Policy
Summary – This Policy
This Policy explains how we may Process your Personal Data. This Policy may be amended or updated from time to time, so please check it regularly for updates.
This Policy is issued by Cloud Un Limited on behalf of itself, its subsidiaries and its affiliates (including any entity lawfully trading under the CloudLive brand as set out in Section H below (together, “Company”, “we”, “us” and “our”) and is addressed to individuals outside our organisation with whom we interact, including customers, visitors to our Sites, users of our Apps, and other users of our services (together, “you”). Defined terms used in this Policy are explained in Section (S) below.
For the purposes of this Policy, Company is the Controller. This Policy covers the information practices relating to Company websites for the CloudLive brand and CloudLive services (“Services”) offered now or in the future. Contact details are provided in Section (R) below.
This Policy may be amended or updated from time to time to reflect changes in our practices with respect to the Processing of Personal Data, or changes in applicable law. We encourage you to read this Policy carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Policy.
(B) Collection of Personal Data
Summary – Collection of Personal Data
We may collect or obtain Personal Data about you: directly from you (e.g., where you contact us); in the course of our relationship with you (e.g., if you make a purchase); when you make your Personal Data public (e.g., if you make a public post about us on social media); when you download, install, or use any of our Apps; when you visit our Sites; when you register to use any of our Sites, Apps, or services; or when you interact with any third party content or advertising on a Site or in an App. We may also receive Personal Data about you from third parties (e.g., law enforcement authorities).
Collection of Personal Data: We may collect Personal Data about you from the following sources:
• Data you provide: We may obtain your Personal Data when you provide it to us (e.g., where you contact us via email or telephone, or by any other means, or when you provide us with your business card).
• Files: In providing the Services, we collect and store the files you upload, download or access via our Sites. If you add a file to your CloudLive account that has previously been uploaded by you or another user, we may associate all or a portion of the previous file with your account rather than storing a duplicate.
• Relationship data: We may collect or obtain your Personal Data in the ordinary course of our relationship with you (e.g., if you purchase a service from us).
• Data you make public: We may collect or obtain your Personal Data that you manifestly choose to make public, including via social media (e.g., we may collect information from your social media profile(s), if you make a public post about us).
• App data: We may collect or obtain your Personal Data when you download or use any of our Apps.
• Site data: We may collect or obtain your Personal Data when you visit any of our Sites or use any features or resources available on or through a Site.
• Registration details: We may collect or obtain your Personal Data when you use, or register to use, any of our Sites, Apps, or services.
• Content and advertising information: If you choose to interact with any third party content or advertising on a Site or in an App, we may receive Personal Data about you from the relevant third party.
• Third party information: We may collect or obtain your Personal Data from third parties who provide it to us (e.g., credit reference agencies; law enforcement authorities; etc.).
(C) Creation of Personal Data
We may also create Personal Data about you, such as records of your interactions with us, and details of your purchase history for internal administration purposes and analysis, including to better understand your needs and interests and to personalise and improve your experience.
(D) Categories of Personal Data we may Process
Summary – Categories of Personal Data we may Process
We may Process: your personal details (e.g., your name); demographic data (e.g., your age); your contact details (e.g., your address); records of your consents; purchase details; payment details (e.g., your billing address); information about our Sites and Apps (e.g., the type of device you are using); details of your employer (where relevant); information about your interactions with our content or advertising; and any views or opinions you provide to us.
We may Process the following categories of Personal Data about you:
• Personal details: given name(s); preferred name; and photograph.
• Demographic information: gender; date of birth/age; nationality; salutation; job title/industry; and language preferences.
• Contact details: correspondence address; telephone number; email address; and details of your public social media profile(s).
• Consent records: records of any consents you may have given, together with the date and time, means of consent and any related information (e.g., the subject matter of the consent).
• Purchase details: records of purchases and prices.
• Payment details: invoice records; payment records; billing address; payment method; bank account number or credit card number; cardholder or accountholder name; card or account security details; card ‘valid from’ date; and card expiry date; BACS details; SWIFT details; IBAN details; payment amount; payment date; and records of cheques.
• Data relating to our Sites and Apps: device type; operating system; browser type; browser settings; IP address; language settings; dates and times of connecting to a Site; App usage statistics; App settings; dates and times of connecting to an App; location data, and other technical communications information (some of which may constitute Personal Data); username; password; security login details; usage data; aggregate statistical information.
• Employer details: where you interact with us in your capacity as an employee, the contact information of your employer (including name, address, telephone number and email address) to the extent relevant.
• Content and advertising data: records of your interactions with our online advertising and content, records of advertising and content displayed on pages or App screens displayed to you, and any interaction you may have had with such content or advertising (including mouse hover, mouse clicks, any forms you complete (including incomplete forms not submitted) and any touchscreen interactions).
• Views and opinions: any views and opinions that you choose to send to us, or publicly post about us on social media platforms.
(E) Lawful basis for Processing Personal Data
Summary – Lawful basis for Processing Personal Data
We may Process your Personal Data where: you have given your prior, express consent; the Processing is necessary for a contract between you and us; the Processing is required by applicable law; the Processing is necessary to protect the vital interests of any individual; or where we have a valid legitimate interest in the Processing.
In Processing your Personal Data in connection with the purposes set out in this Policy, we may rely on one or more of the following legal bases, depending on the circumstances:
• Consent: We may Process your Personal Data where we have obtained your prior, express consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way);
• Contractual necessity: We may Process your Personal Data where the Processing is necessary in connection with any contract that you may enter into with us;
• Compliance with applicable law: We may Process your Personal Data where the Processing is required by applicable law;
• Vital interests: We may Process your Personal Data where the Processing is necessary to protect the vital interests of any individual; or
• Legitimate interests: We may Process your Personal Data where we have a legitimate interest in carrying out the Processing for the purpose of managing, operating or promoting our business, and that legitimate interest is not overridden by your interests, fundamental rights, or freedoms.
(F) Sensitive Personal Data
Summary – Sensitive Personal Data
We do not seek to collect or otherwise Process your Sensitive Personal Data. Where we need to Process your Sensitive Personal Data for a legitimate purpose, we do so in accordance with applicable law.
We do not seek to collect or otherwise Process your Sensitive Personal Data in the ordinary course of our business. Where it becomes necessary to process your Sensitive Personal Data for any reason, we rely on one of the following legal bases:
• Compliance with applicable law: We may Process your Sensitive Personal Data where the Processing is required or permitted by applicable law (e.g., to comply with our diversity reporting obligations);
• Detection and prevention of crime: We may Process your Sensitive Personal Data where the Processing is necessary for the detection or prevention of crime (including the prevention of fraud);
• Establishment, exercise or defence of legal rights: We may Process your Sensitive Personal Data where the Processing is necessary for the establishment, exercise or defence of legal rights; or
• Consent: We may Process your Sensitive Personal Data where we have, in accordance with applicable law, obtained your prior, express consent prior to Processing your Sensitive Personal Data (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
(G) Purposes for which we may Process your Personal Data
Summary – Purposes for which we may Process your Personal Data
We may Process your Personal Data for the following purposes: providing services to you; operating our Sites and Apps; communicating with you; managing our IT systems; financial management; conducting surveys; ensuring the security of our premises and systems; conducting investigations where necessary; compliance with applicable law; and improving our Sites, Apps, and services.
The purposes for which we may Process Personal Data, subject to applicable law, include:
• Provision of services to you: providing our Sites, Apps, and services to you; communicating with you in relation to those services, and providing you with promotional items at your request or in connection with those services or similar services.
• Our Sites and Apps: operating and managing our Sites and our Apps; providing content to you; displaying advertising and other information to you; communicating and interacting with you via our Sites and our Apps; identifying issues with our Sites and Apps and planning improvements to or creating new Sites and Apps; and notifying you of changes to any of our Sites, our Apps, or our services.
• Communications: communicating with you via any means (including via email, telephone, text message, social media, post or in person) news items and other information in which you may be interested, subject to ensuring that such communications are provided to you in compliance with applicable law; maintaining and updating your contact information where appropriate; and obtaining your prior, opt-in consent where required.
• Communications and IT operations: management of our communications systems; operation of IT security systems; and IT security audits.
• Financial management: sales; finance; corporate audit; and vendor management.
• Surveys: engaging with you for the purposes of obtaining your views on our services.
• Security: physical security of our premises (including records of visits to our premises; and CCTV recordings); and electronic security (including login records and access details).
• Investigations: detecting, investigating and preventing breaches of policy, and criminal offences, in accordance with applicable law.
• Legal proceedings: establishing, exercising and defending legal rights.
• Legal compliance: compliance with our legal and regulatory obligations under applicable law.
• Improving our Sites, Apps, services: identifying issues with our Sites, our Apps, or our services; planning improvements to our Sites, our Apps, or our services; and creating new Sites, Apps, or services.
(H) Disclosure of Personal Data to third parties
Summary – Disclosure of Personal Data to third parties
We may disclose your Personal Data to: legal and regulatory authorities; our external advisors; our Processors; any party as necessary in connection with legal proceedings; any party as necessary for investigating, detecting or preventing criminal offences; any purchaser of our business; and any third party providers of advertising, plugins or content used on our Sites or our Apps. Certain Personal Data will be displayed on your profile page and elsewhere on the Services according to the preferences you set in your account. You may also chose to use the Services to share files or photos with others.
We may disclose your Personal Data to other entities within the Company group, for legitimate business purposes (including operating our Sites and our Apps, and providing services to you), in accordance with applicable law. In addition, we may disclose your Personal Data to:
• legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;
• outside professional advisors (such as accountants, auditors, or lawyers), subject to binding contractual obligations of confidentiality;
• third party Processors (such as payment services providers; data centers; etc.), subject to the requirements noted below in this Section (H);
• Where you have purchased the Services through a CloudLive authorised retail electronic outlet (“Retail Outlet”) – we may disclose certain account information for billing and administration purposes, as well as for first line support services provided by such Retail Outlet.
• any relevant party, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal rights;
• any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including safeguarding against and the prevention of threats to public security;
• any relevant third party acquirer(s), in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganization, dissolution or liquidation); and
• any relevant third party provider, where our Sites and our Apps use third party advertising, plugins or content. If you choose to interact with any such advertising, plugins or content, your Personal Data may be shared with the relevant third party provider. We recommend that you review that third party’s privacy policy before interacting with its advertising, plugins or content.
We will display your Personal Data in your profile page and elsewhere on the Service according to the preferences you set in your account. Any information you choose to provide should reflect how much you want others to know about you. Please consider carefully what information you disclose in your profile page and your desired level of anonymity. You can review and revise your profile information at any time. Through certain features of the Service, you may also have the ability to make some of your information public. Public information may be broadly and quickly disseminated. Our Service offers publicly accessible community services such as blogs, forums, and wikis. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Your posts may remain even after you cancel your account, however you can request that these are removed using the contact details in Section R below.
If we engage a third-party Processor to Process your Personal Data, the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under applicable law.
(I) International transfer of Personal Data
Summary – International transfer of Personal Data
We may transfer your Personal Data (but not your files) to recipients in other countries. Where we transfer Personal Data from the EEA to a recipient outside the EEA that is not in an Adequate Jurisdiction, we do so on the basis of Standard Contractual Clauses.
In order to process your payment and administer the Services, we may need to transfer limited classes of your Personal Data (but not your files) within the Company group, and to third parties as noted in Section (H) above, in connection with the purposes set out in this Policy. For this reason, we may transfer your Personal Data to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which you are located.
Where we transfer your Personal Data from the EEA to recipients located outside the EEA who are not in Adequate Jurisdictions, we do so on the basis of Standard Contractual Clauses. You may request a copy of our Standard Contractual Clauses using the contact details provided in Section (R) below.
Please note that when you transfer any Personal Data directly to a person or entity established outside the EEA, we are not responsible for that transfer of your Personal Data. We will nevertheless Process your Personal Data, from the point at which we receive the data, in accordance with the provisions of this Privacy Policy.
(J) Data security
Summary – Data security
We implement appropriate technical and organisational security measures to protect your Personal Data. Please ensure that any Personal Data that you send to us is sent securely.
We have implemented appropriate technical and organisational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, and other unlawful or unauthorised forms of Processing, in accordance with applicable law.
Because the internet is an open system, the transmission of information via the internet is not completely secure. Although we will implement all reasonable measures to protect your personal data, we cannot guarantee the security of your data transmitted to us using the internet – any such transmission is at your own risk and you are responsible for ensuring that any Personal Data that you send to us is sent securely.
(K) Data accuracy
Summary – Data accuracy
We take every reasonable step to ensure that your Personal Data is kept accurate and up-to-date and is erased or rectified if we become aware of inaccuracies. If you are a registered user, you may review, update, correct or delete the Personal Data provided in your registration or account profile by changing your account settings.
We take every reasonable step to ensure that:
• your Personal Data that we Process is accurate and, where necessary, kept up to date; and
• any of your Personal Data that we Process that you inform us is inaccurate (having regard to the purposes for which it is Processed) is erased or rectified.
If you are a registered user, you may review, update, correct or delete the Personal Data provided in your registration or account profile by changing your account settings.
(L) Data minimisation
Summary – Data minimisation
We take every reasonable step to limit the volume of your Personal Data that we Process to what is necessary.
We take every reasonable step to ensure that your Personal Data that we Process is limited to the Personal Data reasonably necessary in connection with the purposes set out in this Policy or as required to provide you services or access to our Apps and Sites.
(M) Data retention
Summary – Data retention
We take every reasonable step to ensure that your Personal Data is only retained for as long as it is needed. Your files will be deleted within 30 days after the closure of your account. You may request the closure of your account at any time by logging into the Client Area and opening a support ticket requesting account closure.
We take every reasonable step to ensure that your Personal Data is only Processed for the minimum period necessary for the purposes set out in this Policy. We will retain your information for as long as your account is active or as needed to provide the Services. Your files will be deleted within 30 days after closure of your account.
The criteria for determining the duration for which we will keep your Personal Data (other than your files) are as follows: we will retain copies of your Personal Data in a form that permits identification only for as long as is necessary in connection with the purposes set out in this Policy, unless applicable law requires a longer retention period. In particular, we may retain your Personal Data for the duration of any period necessary to establish, exercise or defend any legal rights.
(N) Your legal rights
Summary – Your legal rights
Under applicable law, you may have a number of rights, including: the right not to provide your Personal Data to us; the right of access to your Personal Data; the right to request rectification of inaccuracies; the right to request the erasure, or restriction of Processing, of your Personal Data; the right to object to the Processing of your Personal Data; the right to have your Personal Data transferred to another Controller; the right to withdraw consent; and the right to lodge complaints with Data Protection Authorities. We may require proof of your identity before we can give effect to these rights.
Subject to applicable law, you may have a number of rights regarding the Processing of your Relevant Personal Data, including:
• the right not to provide your Personal Data to us (however, please note that we may be unable to provide you with the full benefit of our Sites, our Apps, or our services, if you do not provide us with your Personal Data – e.g., we may not be able to process your orders without the necessary details);
• the right to request access to, or copies of, your Relevant Personal Data, together with information regarding the nature, Processing and disclosure of the Relevant Personal Data;
• the right to request rectification of any inaccuracies in your Relevant Personal Data;
• the right to request, on legitimate grounds:
o erasure of your Relevant Personal Data; or
o restriction of Processing of your Relevant Personal Data;
• the right to object, on legitimate grounds, to the Processing of your Relevant Personal Data by us or on our behalf;
• the right to have certain Relevant Personal Data transferred to another Controller, in a structured, commonly used and machine-readable format, to the extent applicable;
• where we Process your Relevant Personal Data on the basis of your consent, the right to withdraw that consent (noting that such withdrawal does not affect the lawfulness of any Processing performed prior to the date on which we receive notice of such withdrawal, and does not prevent the Processing of your Personal Data in reliance upon any other available legal bases); and
• the right to lodge complaints with a Data Protection Authority regarding the Processing of your Relevant Personal Data by us or on our behalf.
This does not affect your statutory rights.
To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Policy, or about our Processing of your Personal Data, please use the contact details provided in Section (R) below. Please note that:
• we may require proof of your identity before we can give effect to these rights; and
• where your request requires the establishment of additional facts (e.g., a determination of whether any Processing is non-compliant with applicable law) we will investigate your request reasonably promptly, before deciding what action to take.
(O) Cookies and similar technologies
Summary – Cookies and similar technologies
We may Process your Personal Data by placing or reading Cookies and similar technologies.
Cookie Policy
When you visit a Site or use an App we may place Cookies onto your device, or read Cookies already on your device, subject always to obtaining your consent, where required, in accordance with applicable law. We use Cookies to record information about your device, your browser and, in some cases, your preferences and browsing habits. We may Process your Personal Data through Cookies and similar technologies, in accordance with our Cookie Policy.
(P) Terms of Service
Summary – Terms of Service
The Terms of Service available on our Sites will govern all use of our Services, Sites and our Apps.
All use of our Sites, our Apps, or our Services is subject to the Terms of Service published on our Sites. We recommend that you review our Terms of Service regularly, in order to review any changes we might make from time to time.
(Q) Direct marketing
Summary – Direct marketing
We may Process your Personal Data to contact you with information regarding services that may be of interest to you. You may unsubscribe for free at any time.
We may Process your Personal Data to contact you via email, telephone, direct mail or other communication formats to provide you with information regarding services that may be of interest to you. If we provide services to you, we may send information to you regarding our services, upcoming promotions and other information that may be of interest to you, using the contact details that you have provided to us and always in compliance with applicable law.
You may unsubscribe from our promotional email list at any time by following the unsubscribe instructions included in every promotional email we send. We will not send you promotional emails from a list you have selected to be unsubscribed from, but we may continue to contact you to the extent necessary for the purposes of any services you have requested or from additional lists you have signed up under.
(R) Contact details
Summary – Contact details
You may contact us by emailing: support@cloudlive.co
The Company has appointed a Data Protection Officer, who may be contacted by email: support@cloudlive.co
If you wish to be taken off our contact list for direct marketing, or if you have any comments, questions or concerns about any of the information in this Policy, or any other issues relating to the Processing of Personal Data carried out by us, or on our behalf, please contact:
Email: support@cloudlive.co
(S) Definitions
• “App” means any application made available by us or our partners (including where we make such applications available via third party stores or marketplaces, or by any other means).
• “Adequate Jurisdiction” a jurisdiction that has been formally designated by the European Commission as providing an adequate level of protection for Personal Data.
• “Cookie” means a small file that is placed on your device when you visit a website (including our Sites). In this Policy, a reference to a “Cookie” includes analogous technologies such as web beacons and clear GIFs.
• “Controller” means the entity that decides how and why Personal Data is Processed. In many jurisdictions, the Controller has primary responsibility for complying with applicable data protection laws.
• “Data Protection Authority” means an independent public authority that is legally tasked with overseeing compliance with applicable data protection laws.
• “EEA” means the European Economic Area.
• “Personal Data” means information that is about any individual, or from which any individual is directly or indirectly identifiable, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.
• “Process”, “Processing” or “Processed” means anything that is done with any Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
• “Processor” means any person or entity that Processes Personal Data on behalf of the Controller (other than employees of the Controller).
• “Relevant Personal Data” means Personal Data in respect of which we are the Controller. It expressly does not include Personal Data of which we are not the Controller.
• “Sensitive Personal Data” means Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number, or any other information that may be deemed to be sensitive under applicable law.
• “Standard Contractual Clauses” means template transfer clauses adopted by the European Commission or adopted by a Data Protection Authority and approved by the European Commission.
• “Site” means any website operated, or maintained, by us or on our behalf.
About cookies
Cookies are information packets sent by web servers to web browsers, and stored by the web browsers.
The information is then sent back to the server each time the browser requests a page from the server. This enables a web server to identify and track web browsers.
There are two main kinds of cookies: session cookies and persistent cookies. Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.
Google cookies
CloudLive uses Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to our website is used to create reports about the use of the website. Google will store and use this information. Google’s privacy policy is available at: https://www.google.com/privacypolicy.html.
Refusing cookies
Most browsers allow you to refuse to accept cookies.
Blocking cookies will have a negative impact upon the usability of some websites.
