Last updated: January 15, 2025
PLEASE READ THIS TERMS OF SERVICE ('AGREEMENT') CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
These Terms of Service are a legally binding agreement between the subscriber of the Services ("Subscriber" or "you") and Blue Pear Marketing LTD, registered at 175 Darkes Lane, Brosnan House, Suite 2b, Potters Bar, Hertfordshire, EN6 1BW, United Kingdom, company reg. # 12214836 ("Company", "we" or "us"), hereinafter collectively referred to as the "Parties" and individually as "Party".
By registering for the Services (products and services that refer or link to these Agreement) or by accessing or using the Services or Website (collectively, the "Services"), you confirm that you have read, acknowledge and agree to all the terms and conditions of this Agreement. You agree that this Agreement is electronic and is not physically signed by you, and it governs your use of the Services.
If a person is entering into this Agreement on behalf of a business entity, by doing so, he/she represents that he/she has the legal capacity and authority to bind such business entity to this Agreement.
By accepting this Agreement, you agree that Company's Privacy Policy, as it exists at any relevant time, shall be applicable to you.
Please note that our Terms of Service may be changed at any time. Any changes become effective when posted at https://bluepear.net/ (the "Website"). By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
а) The Company provides on-line access to the databases and services made available bу the Company on the Website through which the Subscriber may collect the brand bidding data for the purpose of subsequent analysis and various reporting.
b) The Company hereby grants you permission to access and use the Services and the Website solely for your own internal business purposes in accordance with this Agreement.
c) Subject to the terms of this Agreement the Company hereby grant to Subscriber а non-transferable, non-exclusive, non-sublicensable right to access and use the Services, solely as provided in this Agreement.
d) You can visit the Website in a visitor (non-registered) capacity; provided, to use the Services, you must register and use on-line services with the Username and Password that provided by the Company.
e) The Services shall commence upon the date of payment in accordance with the terms of this Agreement.
а) Service are normally available over the Internet and will be provided on basis seven days per week (Sunday through Saturday), twenty-four (24) hours per day, excluding scheduled maintenance as designated from time-to-time by the Company. The Company shall bе entitled to take measures that affect the aforementioned accessibility when the Company deem such to bе necessary for technical, maintenance, operational, or security reasons.
b) The Subscriber has no right to disclose, transfer or otherwise grant to third parties the right to use the password or account data, except as permitted by the Company. The Subscriber is responsible for the confidentiality of the username and password and for the security of the computer system used.
c) The Subscriber has no right to use the Company's content and Services for any purpose other than permitted by this Agreement. Unless otherwise stipulated in this Agreement or in the relevant law, the Subscriber has no right to copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, install source code, modify, disassemble, create derivative works, as well as delete copyright information from the provided content and Services or any software obtained through the Company, without the prior written consent of the Company.
a) The cost of Services under this Agreement will be stated in invoices and determined according to the Company’s pricing policy.
b) We accept the following forms of payment:
c) The cost of services is exclusive of any taxes, levies and/or charges (including, but not limited to, VAT, bank or payment provider fees, surcharges and/or costs of currency conversion), and is to be received net of such taxes, levies and/or charges.
d) Each Party will be responsible for handling its own compliance with any Tax laws or regulations as may be applicable in any jurisdiction, and notwithstanding Remuneration is free of any such taxes.
a) The amount of the Company's liability under this Agreement is limited to the amount of remuneration paid by the Subscriber for the respective month.
b) TO THE MAXIMUM EXTENT PERMITTED BY THE RELEVANT LAW, THE COMPANY, ITS AFFILIATES AND SERVICE PROVIDERS EXPRESSLY WAIVE 1) ANY GUARANTEES REGARDING CONTENT, SERVICES AND SUBSCRIPTIONS, AS WELL AS 2) ANY OBLIGATIONS ARISING FROM COMMON LAW WITH RESPECT TO CONTENT AND SERVICES, INCLUDING LIABILITY FOR NEGLIGENCE AND LACK OF QUALIFIED EFFORTS. THE CONTENT, SERVICES AND ANY INFORMATION MADE AVAILABLE AS A RESULT OF THEIR USE ARE PROVIDED ON AN "AS IS" AND "WITH ALL ERRORS" BASIS, AS WELL AS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ABSENCE OF LEGAL OBSTACLES.
By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Agreement; (2) you have been duly incorporated and to the best of their knowledge, operated in conformity with all laws and regulations applicable to its operations; (3) you have the power to enter into, sign and deliver this Agreement and has taken all corporate actions in order to authorize the execution, delivery and performance of this agreement; (4) you have obtained all applicable approvals, licenses, authorizations, qualifications and/or certificates under any applicable regulatory requirements it is subject to offer the Services provided under this Agreement; (5) no director, officer, key employee, or members of the senior management has a criminal record or criminal prosecution and/or any investigation pending; (6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Agreement; (3) any breach of your representations and warranties set forth in these Agreement; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
а) The Subscriber agrees that he will not use the service mark "bluepear.co", "bluepear", "in.bluepear" or the marks associated with any of the Company services identified in any fashion unless specifically authorized to do so in writing bу the Company.
b) The Subscriber agrees not to tamper with, alter, or change in any fashion any databases or programs made available to the Subscriber.
с) All rights intellectual property objects contained in the materials provided by the Company for the render of services under this Agreement are and will remain the exclusive property of the Company.
a) In case of occurrence of force majeure circumstances which may impede performance of the Parties’ mutual obligations hereunder including natural disasters, strikes, Governmental restrictions, or other circumstances beyond the Parties’ control, fulfillment of the conditions under the Agreement shall be postponed for the duration period of those circumstances.
b) In case of duration of above-mentioned circumstances for more than 2 months each party shall be entitled to cancel its obligations hereunder. In that case the Agreement shall be deemed terminated, and none of the Parties shall be entitled to claim reimbursement from the other party.
c) The Party which is not able to perform its agreement obligations due to occurrence of force major circumstances shall immediately inform the other Party about their occurrence and termination. Non- notification of those circumstances shall deprive the Party of the right to refer to the above-mentioned circumstances in case of breach of the obligations hereunder.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
By agreeing to these Terms of service, you give us the right to use your company's name and/or logo ("Logo") on the Website or promotional materials for the purpose of showcasing our current client relations. The Logo will not be used in a manner that implies sponsorship or endorsement of any company, product, trademark, person, or service by you or your business. You may revoke this permission by providing five days written notice to the email address listed below.
a) If any disputes related to execution of the present Agreement shall apply pre-court dispute procedure.
b) This Agreement shall be governed by and construed in accordance with the laws of England. Any dispute arising out of or in connection with this Agreement, including any question regarding the existence, scope, validity or termination of this Agreement or this Clause, which cannot be resolved within one (1) month by negotiation between the Parties hereto, shall be referred to and finally resolved by arbitration under the Rules of London Court of International Arbitration (hereinafter – the "LCIA Rules") then in effect, which LCIA Rules are deemed to be incorporated by reference into this Clause. The number of arbitrators shall be 1, chosen in accordance with the LCIA Rules. The seat of arbitration shall be London. The arbitration proceedings shall be conducted in the English language and the award shall be in English. Pursuant to and in accordance with Article 28.4 of the LCIA Rules, the Parties hereto agree that, as a general principle, the losing Party of any arbitration shall pay all costs and expenses of the arbitration including all reasonable costs, fees and expenses of the other Party and the other Party's counsel.
All confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated in writing as confidential (“Confidential Information”) will be safeguarded by the Receiving Party to the same extent that the Receiving Party safeguards its own information of like kind, but using not less than a reasonable degree of care. The Receiving Party shall not use Confidential Information for any purpose outside the scope of this Agreement or disclose Confidential Information to any third party (except as explicitly stated in our Privacy Policy). The Receiving Party’s obligations under this section shall not apply to information which is publicly available through no fault of the Receiving Party, already in Receiving Party’s possession without obligation of confidentiality, rightfully obtained by Receiving Party from third parties not under obligation of confidentiality or independently developed by Receiving Party as evidenced by written documentation. If the Receiving Party is requested pursuant to a court or government order to disclose Confidential Information, the Receiving Party will give the Disclosing Party written notice (if not legally prohibited from doing so) sufficient to enable the Disclosing Party to seek protective order and the Receiving Party will cooperate with the Disclosing Party in such effort.
а) If any provision or part of the Agreement shall be declared illegal, void, or unenforceable, the remaining provisions shall continue in full force and effect.
b) This Agreement shall be governed by and construed according to the laws of England and Wales.
c) This Agreement is not assignable or transferable by the Subscriber and any attempted assignment or transfer shall be null and void and of no force or effect. either Party may assign this Agreement without consent in connection with a merger, reorganization, consolidation or other corporate action which constitutes any change in company control and or ownership.
d) You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
e) You recognize that all appropriate electronic correspondence, performed with Company, has probative value and саn be used as written evidence in the resolution of disputes. Under the proper electronic correspondence implied exchange of written communications (letters) by means of electronic communication between electronic mailboxes (e-mail) of authorized employees of the Parties.
f) This Agreement may be terminated by written agreement of the Parties, as well as in other cases provided by law and this Agreement. Each Party shall have the right to unilaterally terminate this Agreement upon prior written notice to the other party one month prior to the date of termination.
g) In case of violation by the Subscriber of the terms of this Agreement, as well as the rules for using the Company's Services, the Agreement may be terminated at the request of the Company with notification to the Subscriber (one) 1 day before the date of termination.
All purchases are non-refundable. You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.
Email: [email protected]
