General Terms and Conditions
and the Service is offered by the provider: Cherry web sl,
Calle pau claris 115 at 6-6, Barcelona - 08009,
By using our service, you expressly accept the following terms and conditions.
The site and the service, including all features
and functionalities, as well as user interfaces, and all associated
content and software (the "provider" or "service") are offered under the
conditions set forth in these Terms and Conditions of Use ("Terms")
together with the other agreements and documents referred to in this
document, including any future amendments that may be made. By using the
Site and/or the Service, whether as a Premium Member User or as a
temporary Guest, you accept the Terms and Conditions thereof in full,
accepting in turn that it is a binding contract between you and the
provider. If you do not wish to be bound by these Terms, leave the site
immediately and stop using the service.
2. The agreement
You agree that no contract or agreement is
established and that you do not have rights to the Service, until such
time as the provider has agreed to provide it to you. You also agree
that the provider may amend or modify the Agreement at any time, without
notice. The changes will take effect immediately after the publication
of said amended or modified terms on the Site, and the provider will
notify you of the modification of said terms. You agree that, if you use
the Site and/or the Service after the supplier notifies you of such
amendments or modifications, you have accepted the Agreement in its
modified version. If you do not accept compliance with the amended or
amended agreement, you should not use the Site or the Service.
We may refuse any application to use the Services for any reason.
The Provider is pleased to grant you a limited
and non-exclusive license to use the Services of the provider, including
access and viewing of the Contents that are offered exclusively for
personal and non-commercial purposes, as set forth in these Terms.
We reserve the right, at our sole and absolute
discretion, to make occasional changes without prior notice in the way
we operate our service. Any description of how it works should not be
considered a representation or obligation with respect to how it will
work in the future. We constantly make adjustments and, often, these
The content of the service is only accessible
personally and for non-commercial purposes in accordance with these
Terms. You may not, directly or through the use of any device, software,
Internet site, web service or other means, remove, alter, circumvent,
avoid, interfere with or circumvent any copyright, trademark or other
proprietary notices marked on the content or any digital rights
management mechanism, device or other measure of access control or
content protection associated with it, including geo-filtering
mechanisms. You may not directly or through the use of any device,
software, Internet site, web-based service or other means copy,
download, capture, reproduce, duplicate, archive, distribute, upload,
publish, modify, translate, transmit, perform, display, sell, transmit
or retransmit the content unless expressly permitted in writing by the
You may not incorporate the Content, transmit or
retransmit it through any hardware or software application, or make it
available through online frames or links, unless expressly permitted in
writing by the provider. In addition, you may not create, recreate,
distribute or advertise an index of any significant portion of the
Content unless authorized by the provider. You can not build a business
that uses the Content, whether or not for profit. The content covered by
these restrictions includes, among others, text, graphics, design,
interface, logos, photographs, audio and video materials or frames. In
addition, you are strictly prohibited from creating derivative works or
materials based on the Content in any way, including montages, mixes and
similar videos, wallpapers, desktop themes, greeting cards and
merchandise, unless expressly permitted by the provider. written. This
prohibition applies even if you intend to give away the derivative
materials free of charge.
Availability: The availability of the content
will change from time to time, and from country to country. The
playback, viewing or audio quality of the contents may vary from one
computer to another and from one device to another, and may be affected
by a variety of factors, such as location, available bandwidth and/or
speed of your Internet connection. The provider does not give guarantees
about the quality of their experience.
Geographical limitation: You can instantly view
the content through the provider's service only in the geographic
locations where we offer our service and are licensed by them. The
content that may be available will vary depending on the geographic
location. The provider will use the appropriate technologies to verify
their geographic location.
4. Support service
To use the Services, any device on which you wish
to use it must comply with the minimum requirements of the Site, ie
Internet connection, web browser, Java Script, shockwave, flash etc.
Support services are only provided during the
provider's usual working hours and exclude weekends and holidays. The
provider may condition the time and delivery of the Support Services to
any method you choose, which may include communication by email, through
the live chat system, or even through the same Site. To take advantage
of Support Services, you may have to purchase additional or different
equipment or services from third parties.
The provider has no obligation to provide any
other assistance, support, maintenance or other services or to perform
any assistance through any other method. If the provider, in its sole
discretion, agrees to provide additional services, such additional
service will be governed by these Terms.
In any case, support will always be provided through the following means:
Phone: + 34 698853278
5. Rates and Payment
During your registration, you
may be offered a free trial of 2 hours. If you cancel your account within
the free trial period, you will only see the verification charges and
their corresponding reimbursements on your statement. If you do not
cancel your account within this time, your account will be automatically
extended to a premium account at a cost of 89€ per month. When
you start your premium subscription, you expressly accept that we are
authorized to charge you a monthly fee corresponding to the rate in
effect at that time, to the payment method you provided during
registration (or to a different payment method if you change your
You can use a credit or debit card to make payments.
Please note that prices and charges are subject
"billing" will involve a charge against your payment method. The
subscription fee will be charged at the beginning of the payment period
established at the time of registration for the first time, and every
month thereafter, until you cancel your subscription.
We automatically bill your payment method every
month on the calendar day corresponding to the beginning of your
subscription. You acknowledge that the amount billed each month may vary
due to the inclusion of different amounts derived from promotional
offers; and also authorizes us to charge your payment method the amounts
that respond to these services and that will be billed monthly in one
or more charges.
For certain payment methods, the issuer of your
payment method may charge you a foreign transaction fee or related
charges. Check with your bank's issuers and credit card for more
All prices and charges mentioned in this document
will be considered gross prices and will contain all taxes, however,
they do not contain commissions or charges that may be incurred in
relation to the particular payment method chosen. You declare to
acknowledge and accept its terms and use, and agree to make the payment
in this way.
The provider, within the limits allowed by law,
is not responsible for any inconvenience or damage caused by the use of
the particular payment method, especially delays or the impossibility of
making the payment. In that case, you must file a complaint about those
services with your provider, in the manner stipulated by their terms of
all payments will be made with funds from a legitimate source. By
data (ie: name, surname, address, email address and bank account number)
to the provider in order to make that payment.
Internet access charges: You are responsible for the costs incurred to access the Internet.
Free tests: If you have registered with a free
trial version, there will be no charges for premium subscription to the
payment method during the period indicated as a free trial. However,
once this period is over, it will be billed according to the
stipulations of these terms, unless you cancel the subscription before
the end of the free trial period.
Small charges may also be made during the free
trial period, which will be reimbursed in any case, in order to
authorize your card and verify its validity, before beginning the
Premium subscription period.
At any time and for any reason, we may provide a
refund, discount or other consideration to some or all of our members.
The amount and form of said perks, as well as the decision to provide
them, are at our sole and absolute discretion. The provision of punctual
of the same does not suppose an acquired right and therefore does not
suppose any obligation for the provider under any circumstance.
We may change the rates and charges in effect, or
add new fees and charges from time to time, but we will notify you in
advance of these changes by email. If you want to use a different
payment method or if there is a change in the payment method, such as
the validity or expiration date of your credit card, you can edit your
information by visiting our website and accessing your user panel. If
your payment method reaches its expiration date and you do not edit your
information or cancel your account (see "Cancellation" below), you
authorize us to continue billing that payment method and you are
responsible for the amounts not collected.
Registration of credit /
debit card: In order to increase the security of each client that uses
our services, we can make one or several verification charges on your
credit or debit card, with a variable amount. Please note that these
charges will be automatically reimbursed to your account and are
exclusively for the purpose of validating the customer's payment method.
These verification charges may occur within the first 7 days of the
registration period, as well as at any time during the duration of the
service. If you have any questions regarding these charges, please
contact our support service. If you do not cancel your account within a
week, it will automatically be extended to a Premium account at a cost
of $ USD49.99 per month.
Once the trial period has
been completed, the provider may charge the necessary amounts to his
method of payment, in the manner and time he deems appropriate, without
ever exceeding the limit of $ USD49.99 per month (or any other effective
rate duly notified to the user). in the terms and conditions set forth
cancel your subscription at any time and you will continue to have
access to the service until the end of your monthly billing period.
Please note that you must cancel your subscription before renewing each
monthly period to avoid the next billing. To cancel your account, you
can go to the configuration of your account and perform the management
from there, or you can call us at + 34 698853278 or write us an
email to firstname.lastname@example.org
If you cancel your subscription, the cancellation
will be effective at the end of the current Monthly Period, which means
you will have continuous access to the platform for the remainder of
that period, but you will not receive a refund.
unauthorized use: The provider cares about your security and protects
you against fraud. In the event that you detect any charge in your
account that has not been previously authorized and that is not related
to you, directly or indirectly, the provider will reimburse you the
total amount. In case you experience a fraudulent charge to your
account, please contact our support team by phone at + 34 698853278 or by email at email@example.com
Refunds: Please note that payments are
non-refundable and we do not provide refunds for partial month
subscription periods. At any time and for any reason, we may provide a
refund, discount or other consideration to some or all of our members if
we deem it appropriate. The amount and form of such refunds, as well as
the decision to provide them, are at our sole and absolute discretion.
After the end of your premium subscription, you
understand and acknowledge that we have no other obligation to provide
any type of content. At the time of termination or suspension, you will
no longer be able to access any content, material or information that
you have submitted on the site or that is related to your account. In
addition, the Provider will not be required to keep any information
stored in its database related to your account or to send information to
you or any third party.
Any suspension, termination or cancellation will
(including, among others, property rights, compensation and limitation
of liability), which by their meaning and context are intended to
survive such suspension, termination or cancellation.
7. The contract
We reserve the right to rescind or restrict the use of our service, without prior notice, for any reason or no reason.
You have the right to file a
complaint about the Services. Any complaint will be sent to the email
address: firstname.lastname@example.org with a brief description of the reasons for
the complaint. Each complaint received will be studied within 30
business days, and you will be informed of the result of the complaint
within 5 days.
8. Your responsabilities
All users must use the Services of the provider
only for legal, non-commercial and appropriate purposes. You agree to
observe the Provider Services, the Content and the embedding
restrictions detailed above, and further agree that you will not access
the Site or use the Provider Services in any way that:
Therefore, the use of services is limited to:
9. Suspension / interruption
We hope not to do so, but we may change, or
suspend, temporarily or permanently, some or all of the Provider's
Services (including Content and the devices through which the Services
are accessed), with respect to any or all users, at any time and without
notice. You acknowledge that the provider may do so at the discretion
of the provider.
You also agree that the provider will not be
liable to you for any modification, suspension or interruption of the
Services, although the provider may, at its sole discretion, provide you
with a credit, refund, discount or other form of compensation (for
example, we can credit days additional service to your account).
However, if the provider cancels your account or suspends or interrupts
your access to the Services due to violation of these Terms, no credit,
refund, discount or other similar consideration will be applied to you.
All content is property of a provider (or of our
affiliates and / or third parties (as applicable), unless otherwise
indicated The materials can not be used, except as stipulated in these
You acknowledge and agree that a part of the
content provided to you is owned by third parties and without prejudice
to each and every other available rights and resources, each third party
has the right to directly apply the relevant provisions within these
Terms in its against.
11. Links to another web sites
The Site or the Services may provide links to
websites that are not the provider's own. These links are provided for
reference only, and the provider does not control such websites or
endorse any of the materials on such websites or hold any association
with its operators. The Provider is not responsible for the activities
of such sites, and has no liability to you for any damages, injuries or
losses you may suffer as a result of your use or access to such
The supplier, the supplier's logo and all other
brands of the supplier's products or services are its own trademarks.
All other trademarks, logos, images, products and company names that are
displayed or mentioned on the website or any device are the property of
their respective owners. Nothing grants you any license or right to
use, alter or remove such material.
13. Force majeure
The Provider shall not be liable to you for any
failure or delay in fulfilling its obligations hereunder due to events
beyond its reasonable control, which may include, among others, denial
of service attacks, strikes, stockouts, riots, insurrection, fires,
floods, storms, explosions, acts of force majeure, war, terrorism,
government action, working conditions, earthquakes, shortage of
materials, Internet failures or extraordinary connectivity problems
experienced by the main telecommunications providers and not related to
the supplier's infrastructure (each of them is a 'Force Majeure Event').
Upon the occurrence of a Force Majeure Event, the
provider will be excused from any additional performance of its
obligations for the time the event continues, and for the additional
period of reasonable time that may require recovering from the Force
14. Warranty disclaimer
You understand and expressly accept that the use
of the site and the service is done at your own risk. The provider and
its suppliers provide the service without any guarantee or condition of
any kind, whether express, implicit, regulatory or otherwise.
Likewise, the provider does not guarantee that
the site and the service comply with its particular requirements, nor
that they are interrupted due to causes beyond the control of the same.
Likewise, the provider is not responsible for any other circumstance
beyond the servers, the site or the service provided by the same.
All materials obtained external to the site or
the service, will be the sole responsibility of the user and the
provider declines any type of responsibility in relation to them.
Beneficiaries: You are not the beneficiary of any
obligation that the provider owes to a third party, and no other person
is the beneficiary of any obligation that the provider owes you.
Relationship: You agree that there is no joint
venture, partnership, employment or agency relationship between you and
the provider as a result of the Agreement or use of the Site or Service.
Compensation: You agree to indemnify and hold the
provider, its owners, subsidiaries, affiliates, officers, directors and
employees harmless from any claim, claim or damage, including
reasonable attorney's fees, filed by third parties due to or arising
from your use or conduct in the use of the Site and / or Service.
Severability: If any provision of the Agreement
is found to be invalid or unenforceable, including, but not limited to,
disclaimers of liability and limitations of liability set forth above,
that provision will not apply and the remaining provisions will apply.
I don't waive: The failure of the provider to act
with respect to a breach by you or by third parties does not relieve
the provider of its right to act with respect to subsequent or similar
No assignment: You may not assign or transfer any
right or obligation under the Agreement, including, but not limited to,
the Service, and any attempt to the contrary is void.
Amendments: Except as specified herein, no
amendment to the Agreement may be made unless it is in writing and
signed by an authorized representative of the provider.
Headings: The titles of the sections in these Terms are for convenience only and have no legal or contractual effect.
Copies: A printed version of this agreement shall
be admissible in judicial or administrative proceedings based or
related to this agreement to the same extent and subject to the same
conditions as other commercial documents and records originally
generated and maintained in printed form.
16. Jurisdiction and applicable law
In the event that any conflict or discrepancy
arises in the interpretation or application of these terms and
conditions, the Courts and Tribunals that, as the case may be, will know
the matter will be the Courts and Tribunals of Madrid.
Both parties submit, expressly waiving any other
jurisdiction, to the Courts and Tribunals of Madrid, unless otherwise
agreed between the parties.
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