Terms & Conditions

Terms of Use
Terms

Onetailer UK operate this website and is trading under Cherry Blushes a sole trader partnership (UK company registered VAT Number 126 079810) owned and operate these terms and conditions whose registered address is at 55 Weirdale Avenue, London N20 OAJ United Kingdom (herein known as the “company”, “we” or “us” or “our”).

Please read these conditions carefully before requesting goods and services through this website. You might also like to print a copy so that you can remind yourself what you agreed to.

Definition

Partner” means an authorised partner of Onetailer who provide web solutions that include the CMS (Content Management Software), bound by a Partner agreement;

Customer” means the individual or company to whom the invoice is addressed;

Business Day” means any day which is not a Saturday, Sunday or a bank or public holiday in England;

Subscription” means the monthly management fee specified in the purchase order for the ongoing provision of the software support service;

Service” means the goods or services specified in the Proposal;

Software” means the software being the website and it’s sub components that is used to provide the Service;

CMS” means the website “Content Management System” owned by Onetailer;

Web Hosting” means the provision of a web service that responds to a browser’s request for web content with the content requested. It also includes the provision of any authorised file hosting service accessible through FTP. It does not include other services such as user enabled domain management, email hosting and Internet connectivity to/from the Customer’s premises;

First Line Support” means initial analysis and fault logging;

Confidential Information” for each party the terms of this Agreement and all information and/or data belonging to or relating to that party, its associates, its or their businesses, activities, affairs, products, services, suppliers, customers or prospective customers disclosed (whether in writing, verbally or by any other means and whether directly or indirectly) by that party, its representatives or advisers, to the other party, its representatives or advisers whether before, on or after the date of this Agreement;

Proposal” means the order form completed and signed by the Customer;

Purchase Price” means the price for Software and Service as detailed in the Proposal;

In these Terms & Conditions (except where the context otherwise requires):

the clause headings are included for convenience only and shall not affect the interpretation of these     Terms & Conditions;

use of the singular includes the plural and visa versa;

use of any gender includes the other genders;

any reference to “persons” includes natural persons, firms, partnerships, companies, corporations, associations, organisations, governments, states, foundations, and trusts (in each whether or not having separate legal personality);

any reference to a statute, statutory provision or subordinate legislation (“legislation”) shall (except where the context otherwise requires) be construed as referring to:

a)    such legislation as amended and in force from time to time and to any legislation which (either with or without modification) re-enacts, consolidates or enacts in rewritten form any such legislation; and

b)    any former legislation which re-enacts, consolidates or enacts in rewritten form.

any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

Ownership of Content

The Onetailer Websites; their past, present and future versions; all pages found within the Onetailer Websites; the material and information on the Onetailer Websites; all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, “look and feel” and arrangement of such content contained on the Onetailer Websites (hereinafter, the “Content”); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled or licensed by or to Onetailer, and are protected by intellectual property laws (the “Intellectual Property laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws. In using the Onetailer Websites or the Content, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notices contained on the Websites. All rights not expressly granted are reserved.

The Onetailer Websites and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without Onetailer’s express prior written authorization. You are granted permission to display on your computer, print and download the Content on this Website solely for your own personal, non-commercial and educational use. You must retain copyright and other notices on any copies of the Content you make. Certain Content and documents available on this Website are open source Content and documents subject to the applicable open source license and are so marked. Your use of those materials is governed by the individual applicable license. Unauthorized use of the Onetailer Websites or the Content contained on or available through the Onetailer Websites or any linked websites may violate applicable Intellectual Property laws or other laws.

The Onetailer Websites, Online Mediums and Content may contain user or third party submitted content, such as feedback and suggestions, post or submissions and other materials (hereinafter, the “Submissions”) intended for review by general public, or by members of any public or private community. Onetailer does not claim ownership of the third party submitted content and shall have no obligation or liability of any kind, including without limitation errors, omissions, or damages, with respect to Submissions. Submissions are not reviewed, approved or endorsed by Onetailer and are provided solely for convenience to Onetailer customers and users. Onetailer reserves the right to monitor, restrict access to, edit or remove any Content available via the Online Mediums.

Copyrights Infringement Complaints. You may not use the Onetailer Websites, Content or Online Mediums for any purpose or in any manner that infringes the rights of any third parties. Onetailer encourages you to report any content on the Onetailer Websites that you believe infringes your copyright. If you would like to submit a Copyright Infringement Complaint, please contact us

Force Majeure

Neither Onetailer or the Customer shall be under any liability for any delay or the failure to perform any or part of its obligations under this agreement if such delay or failure shall be due to, including but without limitation, war, riot, storm, fire, earthquake, explosion, flood, electrical failure, non-availability of spares or parts, act of God, strikes, lock outs, labour disturbances, statute, order or any regulation of any Government, public or local Authority, delays or defaults of suppliers and sub-contractors, together the “Events” and, without prejudice to the generality of the foregoing, any other causes beyond the reasonable control of the relevant party.

Law

This agreement shall be governed and construed in all respects in accordance with the Law of England and shall be subject to the exclusive jurisdiction of an English Court of Law.

Severability

If any term or provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or in conflict with the law, the validity or enforceability of the remainder of this agreement shall not be affected thereby.

If any provision of this Agreement is found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.

Waiver

No failure or delay by either party in exercising, wholly or partially, any of its rights with regard to any breach or default of this agreement by the other party shall constitute a waiver of such rights and no waiver of any such breach or default shall be deemed to constitute a waiver of any other rights or any subsequent or continuing breach of default.

Assignment

The Customer may not license, assign, transfer or otherwise dispose of its rights under this Agreement or any part of it without the written consent of Onetailer.

Notices

Any notice or other communication pursuant to this Agreement must be in writing and signed by or on behalf of the party giving it and may be served by pre-paid first class post to the address of the relevant party as set out in this Agreement, by fax or subject to the provisions by email. All such notices or demands shall be deemed to have been received:

A communication sent by email shall not be effective unless the addressee acknowledges receipt of such communication, such acknowledgement to take the form of a reply email to include the communication being acknowledged.

The Proposal

The Proposal forms part of this agreement.

The Customer assumes sole responsibility for ensuring that the Software functionality meets its requirements before signing the Proposal.

Unless the Proposal explicitly states otherwise, the Customer bears all cost for modification to the Software in the event that the Customer discovers, subsequent to signing the Proposal, that the Software functionality does not meet its requirements.

Confidentiality

During the period of this Agreement and for a period of 3 years after both parties undertake:
to keep the Confidential Information confidential;

not to use the Confidential Information for any purpose except the performance of its obligations under this Agreement; and

not to use the Confidential Information so as to procure any commercial advantage over the other party.

The obligations above shall not apply to any Confidential Information which:

is already in the possession of the disclosing party other than as a result of a breach of this Agreement;

is at the date of this Agreement or at any time after the date of this Agreement comes into the public domain other than through breach of this Agreement; or

is required to be disclosed by any applicable law or regulation or by any governmental or administrative authority or by an order of any court of competent jurisdiction.

Each party undertakes to take all such steps as shall from time to time be necessary to ensure compliance with its employees, agents and sub-contractors.

The Customer agrees that the Software and manuals and other documents relating to the Software are confidential and all proprietary rights belong to Onetailer and shall not be used or disclosed except as permitted by this Agreement.

License

The Customer is granted a limited, non-exclusive license to do only the following:

The Customer owns the right to use the Service on a single website domain only. The domain for which the Service is to be provided must be supplied to Onetailer at the time of purchase or subscription rental.

The Customer has the right to use the Service on this website to provide web pages to any visitor to this website alone.

The Customer can request use of the Service to modify the content of the Onetailer CMS web pages in order to change the data presented to visitors of the website using the built-in administration facilities. The Onetailer provided CMS service and the underlying software must not be used in any other way, without the express written permission of Onetailer.

The Customer assumes sole responsibility for the use and results obtained from use of the Service.

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