Terms & Conditions

 

These terms of use (“terms”) set out the standards that apply when you interact with www.cherrybaycapital.com and any other sites maintained by Cherry Bay Capital (CBC).

Please read the terms of this Policy carefully before using the site.

Please note that, by using CBC’s site you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use CBC’s site. We recommend that you print a copy of these terms for future reference.

1.     Who we are

CBC is the controller and responsible for www.cherrybaycapital.com

2.     Availability of CBC’s site

We do not guarantee that CBC’s site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of CBC’s site for business and operational reasons. We will do our best to provide you with reasonable notice of any suspension or withdrawal where it is appropriate for us to do so.

We may update and change CBC’s site from time to time to reflect changes to our users’ needs and our business priorities.

3.     Using material on CBC’s site

Unless expressly stated otherwise, the relevant member(s) of CBC is/are the owner(s) or the licensee(s) of all intellectual property rights in CBC’s site and of the material and any content published on it. All such rights are reserved.

Our status (and that of any identified contributors) as the authors of content on CBC’s site must always be acknowledged.

You may print off one copy, and may download extracts, of any page(s) from CBC’s site for your personal use and you may draw the attention of others to content posted on CBC’s site.

You must not use any part of the content on CBC’s site for commercial purposes without obtaining a license to do so from us or our licensors. You must not modify or alter in any way any materials that you have printed, copied, or downloaded from CBC’s site and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

If you print off, copy or download any part of CBC’s site in breach of these terms, your right to use CBC’s site will cease immediately and you must, at our option, return or destroy any copies of the materials you have produced.

4.     Information purposes only

The content on CBC’s site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on CBC’s site.

Where CBC’s site contains links to other sites and resources provided by third parties, these links are provided for your information only. Third party links and resources should not be interpreted as approved by us of those linked sites or information you may obtain from them. We have no control over the contents of those sites or resources and you should use these at your own risk.

5.     Acceptable use

You may only use CBC’s site for lawful purposes. You may not use CBC’s site:

·       in any way that breaches any applicable local, national or international law or regulation;

·       in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

·       to send, knowingly receive, download, use or re-use any material which does not comply with this Policy;

·       to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

·       to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

·       not to reproduce, duplicate, copy or re-sell any part of CBC’s site in contravention of the provisions of these terms;

·       not to access without authority, interfere with, damage or disrupt:

·       any part of CBC’s site;

·       any equipment or network on which CBC’s site are stored;

·       any software used in the provision of CBC’s site; or

·       any equipment or network or software owned or used by any third party.

6.     Rules about linking to CBC’s site

You may link to the pages of CBC’s site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

 

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in section 5 (Acceptable use) above.

If you wish to link to or make any use of content on CBC’s site other than that set out above, please contact welcome@cherrybaycapital.com

7.     Breach of these terms

When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate.

Failure to comply with these terms constitutes a material breach of these terms upon which you are permitted to use CBC’s site, and may result in our taking all or any of the following actions:

·       immediate, temporary or permanent withdrawal of your right to use of CBC’s site;

·       issue a warning to you;

·       legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

·       further legal action against you;

·       disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

·       We exclude our liability for all action we may take in response to breaches of these terms. The actions we may take are not limited to those described above and we may take any other action we reasonably deem appropriate.

8.     Limitation of our liability

Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Monegasque and European law. If you are a consumer, nothing in these terms affects or excludes any statutory right or remedy that you may be entitled to.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to CBC’s site or any content on it, whether express or implied. Further, to the extent permitted by law, we exclude all liability for any loss or damage of whatever kind and however so arising under or in connection with: the use of, or inability to use, CBC’s site; or, use of, or reliance on, any content displayed on CBC’s site.

To the extent permitted by law, we shall not be responsible or liable for any errors or omissions on or in connection with CBC’s site; any decision made or action taken upon reliance on the content of CBC’s site; any information made available through CBC’s site; or for any loss or damages which arise in connection with your use of CBC’s site; or any information obtained through CBC’s site.

9.     Applicable law

The terms of this Policy, its subject matter and its formation are governed by Monegasque law and where not applicable by European law.

10.     Disclaimer

By making CBC’s site available to you, we are not making an offer of any financial, tax, investment advice, legal or any other professional services, and none of the information or content on CBC’s site shall constitute legal, tax, investment advice or any other professional service or advice.

11.     Changes to this Policy

We keep this Policy under regular review. Every time you wish to use CBC’s site, please check these terms to ensure you understand the terms that apply at that time.

12.     Contact us

We welcome your views about CBC’s site and this Policy. If you would like to contact us with any queries or comments please send an email to welcome@cherrybaycapital.com