Terms and Conditions
Last updated 27th July 2015
The key points for our customers are:
i. We charge very reasonable low fixed fees.
ii. Your own customers’ privacy is really important. In short the aim is to provide a customer service which supports your customer whilst he/she is shopping about: we do not believe your customer is subscribing to ongoing marketing messages and his/her data will be deleted from our servers when the remarketing has served its purpose.
iii. We would recommend you add a paragraph to address your customer’s privacy in the terms on your website.
iv. We won’t work with anyone in an adult or illegal industry.
1. These terms and conditions (“Terms”) apply between you and cloud.IQ Limited ("cloud.IQ/Us/We/Our") and your use of our products and services (together “Products”). We own and operate a website at: www.cloud-iq.com.
2. We are registered in England and Wales under company number 07774309 and have our registered offices and our main trading address at 35 Kingsland Road, Shoreditch, London, E2 8AA. We also have a registered office in Sydney, Australia and the address is Level 20, Tower 2, Darling Park, 201 Sussex Street, NSW 2000, Australia (ABN 118 550 520).
3. By using our Products, you accept these Terms and agree to comply with them.
4. You must use our Products in accordance with these Terms and any other specific payment or subscription terms We notify to you when you purchase any of our Products.
5. Unless We do provide you with any such specific payment or subscription terms pursuant to clause 4 above to the contrary, you will have a rolling agreement with Us in respect of the applicable Products(s) which you will pay in advance.
6. In the event that we need to increase the amount of your subscription(s), you will be notified by Us and given the opportunity to cancel your subscription(s) within 10 days if you do not agree to continue to subscribe at the increased rate by sending Us an email to email@example.com.
7. You must use our Products for the purpose of collating and processing data and information about your customers for your normal business purposes and not for any other use, and in compliance with applicable laws and regulations.
8. We do not allow our Products to be used on or in connection with any adult or illegal content nor any scams, phishing exercises nor the distribution and creation of spam mail. We actively manage and police the use of our Products and reserve the right to cancel your cloud.IQ account and subscription if We discover or suspect that you have breached this fundamental customer restriction.
9. Using Our Products does not allow you to change the look of the Products nor modify or adapt them in any way other than as We may allow. You do not have ownership of any intellectual property right in any of our Products or their content which remains Our property at all times, but you may use such rights in connection with your use of our Products.
10. To set up your use of the Products We will [set you up as a customer with an account dashboard], provide you with a tag for you to deploy on your website(s), request and obtain your approval of the format of your customer contact emails and prepare for “go-live”.
11. Our Products make innovative use of a variety of platforms - web, sms, voice and email - and you understand that these platforms rely on other companies and their technology and We therefore make no promises or guarantees that using the Products will not be uninterrupted, timely, secure, or error-free at all times. However We endeavour to ensure as best We can that any disruption to the use of Our products is kept to an absolute minimum.
12. It is important that you understand that you use Our Products entirely at your risk and We are not responsible for any technical impact, damage, loss of data, customer information, revenue, or other harm to business arising out of delays, miss or non-delivery of information, access problems, bugs or other errors.
13. If you notify Us of any problem or fault in a Product We will work with you to rectify the problem as quickly as We can, unless the problem or fault has arisen out of your use of the Product in a way not intended or permitted under these Terms.
14. Any data obtained through the use of Our Products is obtained at your own discretion and risk and you agree that you will be solely responsible for any breaches of any laws or regulations of any kind that apply to you and/or your use of the Products.
Data Protection - UK Data Protection Act Compliance
15. Our Products work to improve our customers’ online returns but as part of that, We suggest that you tell visitors to and users of your website(s) how you collect and use their personal data.
17. If a user of your website(s) (whether as an existing or potential customer) abandons a purchasing process through error or choice, he may not have had chance to give explicit consent to your intended uses of that personal data. To assist you in achieving compliance with the Data Protection Act by giving your website visitors and users adequate information, we suggest that you select and apply one of the following measures where you intend to capture such data:
A. Display a Notice:
18. Displaying a notice clearly on the relevant form or shopping cart is a direct way of informing your customer that he can expect to be contacted even if the transaction is not completed through a submission or acceptance button to the next stage. This is the simplest way to avoid confusion and can be used for the majority of cases.
B. Provide a Check Box:
Data Protection in Australia
21. The Privacy Act 1988 (Privacy Act) is an Australian law which regulates the handling of personal information about individuals. This includes the collection, use, storage and disclosure of personal information, and access to and correction of that information.
23. Notably, under Australian Privacy Principle 7, an organisation may use or disclose personal information (other than sensitive information) about an individual for the purpose of direct marketing if:
Data Protection outside of the UK and Australia
24. If you are not based in the UK or Australia, other laws and regulations may apply to the collection, storage and processing of such personal data, and you should put in place other practices or requirements as may be relevant.
25. You acknowledge and agree that it remains at all times your responsibility to ensure your compliance with any and all applicable privacy and data protection laws and regulations, and that should We suffer any loss or damage as a result of your failure to do so, you agree to fully compensate Us for that loss or damage.
26. You understand that we own all intellectual property rights in the Products throughout the world and we only licence any such rights in the Products. You have no right to have access to the source code for the Products.
27. If any claim is made against you, that any Product infringes the intellectual property rights of a third party, you must immediately notify Us. We may at Our option and expense procure the right for you to continue using the Products in question in accordance with these Terms or modify or replace the Product(s) so that it ceases to be infringing, or terminate the subscription to such Products immediately by notice in writing to you and refund to you such proportion of the fees previously paid and relating to any part of the subscribed licence period yet to be fulfilled.
28. You take responsibility for using our Products correctly. We assume no responsibility for any indirect loss or damage, or for any loss of profits, loss of business, loss of goodwill or loss of data.
29. Our aggregate liability for direct loss or damage however arising relating to our Products shall not exceed the amount you paid to Us for the past month for the particular Product in question.
30. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an event outside our reasonable control or for any strikes, civil commotion, riot, fire, explosion, storm, flood, earthquake, impossibility of the use of public or private telecommunications networks, the acts, legislation or restrictions of any government.
31. These Terms are binding on you and Us. If you are acting on behalf of a company either as an agent or a consultant then both you and the company you are acting for are bound by these Terms when using our Products.
32. We may transfer or assign our rights or obligations under these Terms however you may not so transfer or assign, your rights without Our prior written consent.
33. All notices given by you to Us must be via e-mail. We will give notice to you by email.
34. These Terms and any document expressly referred to in them are the whole agreement between us and supersede any other statements or information which may have passed between us relating to the Products and we each acknowledge this.
35. Each of us agrees that the only rights and remedies available to us arising out of or in connection with any statements shall be for breach of contract as provided in these Terms but nothing in this clause shall limit or exclude any liability for fraud.
36. If any of these Terms are found by law to be invalid, unlawful or unenforceable such term, will be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.
37. We are an English company and these Terms, shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts