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CLIQUECLOUD GENERAL TERMS AND CONDITIONS

1.Introduction

1.1 Please read these terms and conditions carefully before using this website.

1.2 This website ('the website') is operated by CliqueCloud Limited ('The Company', 'our', 'we' or 'us'). The Company is registered in England and Wales under Company Number: 07650812. The registered office of the Company is at 85 Church Road, Hove, East Sussex. BN3 2BB.

1.3 By using the website in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the website, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the website.

1.4 If you do not wish to be legally bound by all of these terms and conditions then you may not use our website.

1.5 If you are under eighteen (18) years old or are unable to be legally bound by this agreement but wish to use the websites social networking facilities then you must indicate your age at the time of registration and you will not have access to any facilities that require you to be legally bound by all of these terms and conditions. You must still adhere to the website’s Rights and Responsibilities. If we suspect that you have lied about your age then your account will be suspended.

1.6 If you are under sixteen (16) years old you must appoint a chaperone who must be a legal guardian and who will have unrestricted access to your account. Your chaperone must be registered with the website and agree to be legally bound by all of these terms and conditions. To ensure your safety the access that you have to the website and the access that other users have to your account will be restricted in accordance with the website’s Account Restrictions for minors.

2. Nature of our website

2.1 This website provides socially integrated facilities and services for individuals and organisations.

3. Registering on our website

3.1 To use the facilities and services provided by the website you must first register. The registration procedure is described in detail on our website.

3.2 When registering on our website, you will need to supply us with certain personal information. Please see section 4 of these terms and conditions and our privacy policy for more about the personal information that you provide to us.

3.3 When you register on our website we will create an account for you. This account is for your exclusive use under the terms of this contract. You should not allow anyone else to use your account for the purposes of accessing our website.

3.4 When you register, you will have to choose a password. This password is personal to you alone and you should not disclose it to anyone else. You will need to use the password to access the website and use our facilities and services. You should not allow anyone else to use your password for the purposes of accessing our website, and you should let us know if you think that anyone else has discovered your password or if you think that your password is, or may be, used in a way that is not allowed under these terms and conditions.

3.5 If you have agreed to be a chaperone for a person under the age of sixteen (16) years, you must be that person’s legal guardian. You confirm that the age given by the person is accurate and you agree that you will monitor their activity on the website to ensure their safety.

4. Information you provide to us

4.1 The following applies to any information you provide to us, for example during any registration or purchasing process:

(a) You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our 'Partner Companies'). These Partner Companies may be located in countries outside the EEA that do not have laws to protect your information. Details of the companies and countries involved in your case (if any) will be provided on request. If you would like to request such information, then you should email us at admin@cliquecloud.com or use the "Support" facility on the website.

(b) As you use the website we may collect information about your viewing and purchasing behaviour and if you send us personal correspondence such as emails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as 'the Purposes'). All such information collected by us shall be referred to in these terms and conditions as 'Personal Information'.

(c) You must ensure that the Personal Information you provide is accurate and complete and that all registration and purchasing details (where applicable) contain your correct name, address and other requested details. You guarantee that when using our website you will not impersonate anyone other than yourself nor use a false name or false address or any other personal information that is not true or which you are not entitled to use.

(d) If you do not wish to use your legal name as your primary account name then you must provide your legal name in the “Other names” section of your account details.

For more information about how we deal with your Personal Information, please read our privacy policy.

4.2 By accepting these terms and conditions, you agree to the processing and disclosure of your Personal Information for the Purposes.

4.3 If you would like to review or modify any part of your Personal Information, then you can do this by logging into our website and using the "Account" link.

5. Modifications to website

5.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content, and/or the offering of new services and/or the release of new software tools or resources shall be subject to these terms and conditions.

6. Buying and selling through the website

6.1 If you wish to buy or sell merchandise or services through the website then you agree to be bound by the SilverLining Terms and Conditions in addition to these terms and conditions

7. Usage of the website

7.1 You warrant and undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.

7.2 You must not attempt to interfere with the proper working of our website and must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.

7.3 You must not use the website for any of the following:

7.3.1 for fraudulent purposes, or in connection with a criminal offence or other unlawful activity

7.3.2 to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses or any "spam"

7.3.3 to cause annoyance, inconvenience or needless anxiety

7.4 You agree to adhere to the website Rights and Responsibilities and that failure to do so may result in the suspension of your account.

7.5 You may not transfer your account to another party without our consent

8. Security

You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify the Company immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.

9. Website content

9.1 Our website is controlled and operated by us from our offices in England. Where content published on our website is supplied by third parties or other website users, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published online or offline) and the use of such content.

9.2 We have used our reasonable endeavours to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any services or content on our website, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.

10. Copyright and use of our website

10.1 The website, its source code and its design are protected by international copyright laws and other intellectual property rights. The owner of these rights is the Company, its affiliates and third party licensors. All product and company names and logos mentioned in our website relating to the company and the website are the trademarks, service marks or trading names of the respective owners.

10.2 You own all of the content and information you post on CliqueCloud, and you can control how it is shared through your privacy settings or customer privileges.

10.3 Where content you post is covered by intellectual property rights, you:

10.3.1 Guarantee that you are the copyright owner or that you have the copyright owner’s permission to post the content.

10.3.2 Permit us to distribute the content in accordance with your privacy settings or customer privileges.

10.3.3 Grant the company, a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use any publicly available content. This licence ends when you delete your content or your account.

10.3.4 Grant any person permitted to view the content, a non-exclusive, perpetual, royalty-free, licence to use the content for their own personal use. Except where the content is strictly controlled by customer privileges and you have issued a complimentary licence agreement.

10.4 When content is delete it may persist on the system as the action propagates through our servers and it may persist in backup copies for a reasonable period of time.

10.5. When content is made publicly available, it means that you are allowing everyone, including people outside of CliqueCloud, to access that content.

10.6 When you permit an application to access your content we require applications to respect your privacy, and your agreement with that application will govern their use of your content.

10.7 You agree that you shall not, and shall not assist or facilitate any third party to, systematically extract and/or re-utilise parts of the contents of our website, and in particular you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract any substantial parts of the website. You may not create and/or publish your own database that features any substantial part of the content of the website.

11. Linked sites

The Company makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from the Company and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that the Company endorses or accepts any responsibility for the content, or the use of, such a website and the Company shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

12. Availability of our website

12.1 We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and we accept no liability for its unavailability.

13 Indemnity and Release

13.1 You agree to fully indemnify, defend and hold the Company and its officers, directors, employees, agents and suppliers harmless, from and against all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of any breach of these terms and conditions by you, any act or omission by you and any other liabilities arising out of your use of our website or services offered by use or the use by any other person accessing our website or services offered by us using your username, password and/or your Personal Information.

13.2 If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

14. Liability

14.1 To the maximum extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the platform

14.2 Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

14.3 Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to twice the aggregate of all amounts paid by you to us. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.

14.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any content available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

14.5 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

15. No Agency

15.1 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

16. General

16.1 We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these terms and conditions, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 14.1 shall be ineffective. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.

16.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on our website regularly. We will endeavour to notify you by email of changes to these terms and conditions, and within 7 days of having received any such notice, you may terminate your registration with our website. We will not be liable for any failure to expressly notify you by email of any change to these terms and conditions.

16.3 These terms and conditions together with the privacy policy, the website Rights and Responsibilities, Account Restrictions for minors and any supplementary terms and conditions for other services offered by us if any, are the whole agreement between you and the Company. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by the Company or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in these terms and conditions, privacy policy, the website Rights and Responsibilities, Account Restrictions for minors and any supplementary terms and conditions for other services offered by us.

16.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

16.5 These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English courts.

16.6 Except in respect of a payment obligation, neither you nor the Company will be held liable for any failure to perform any obligation to the other due to causes beyond your or the Company's respective reasonable control.

16.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.

16.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

17. Notices

17.1 A notice shall only be valid if given:

(a) to us via email at info@cliquecloud.com or by post at 85 Chruch Road, Hove, East Sussex. BN3 2BB; or

(b) to you at either the email address or postal address you provide during registration on our website or subsequently provided to us by amending your Personal Information.

Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting if posted in the same country as that in which the recipient is located, or seven (7) days after the date of posting if posted in a different country from that in which the recipient is located.

18. Patents

One or more patents apply to the website and to the features and services accessible via the website, including without limitation: UK1118490.0, US8959628 and all corresponding foreign counterparts.

19. Replacement

These terms and conditions replace all other terms and conditions previously applicable to the use of the website.