At Cedar Hill Management, we are committed to protecting your privacy. This Privacy Policy explains our data processing practices and your options regarding the ways in which your personal data is collected and used by us. If you have requests concerning your Personal Information or any questions, please contact us at [email protected].
DISCLAIMER: The membership covers priority concierge treatment during reservation and request procedures, personalised and curated recommendations, and access to the selection of our inventory, with no guarantees that every request will be fulfilled as each request depends on availability and/or selected dates and requirements.
BY USING THE SERVICES, SITE AND/OR THE APP, USERS AGREE TO BE BOUND BY THIS PRIVACY POLICY. ANY USERS WHO DO NOT AGREE WITH THESE TERMS SHOULD FORTHWITH DISCONTINUE THE USE OF THE SERVICES, SITE AND/OR APP
Definitions
References to the “App” mean that mobile application software available for purchase and download via the Google Play and iTunes stores under the name “Cedar Hill Management”.
References to “Personal Information” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
References to the “Platform” include all services offered by or made available through CedarHillMgmt, including, but not limited to, the App, the Services, and the Site.
References to the “Services” mean any and all services offered by us, including but not limited to concierge services.
References to the “Site” mean the Web sites bearing the URLs www.CedarHillMgmtgroup.com as well as any other sub-domains and subpages therein, or other Sites owned and/or operated by us under the Cedar Hill Management brand.
References to a “Supplier” means a third party provider of services, villa rentals, or any properties, products, or other exclusive services who advertises and makes available the same available to Users via the Site and/or the App.
References to “us,” “we,” “our,” and/or “CedarHillMgmt,” means Cedar Hill Management.
References to “you,” and/or “User” mean the User of the Site, the App, and/or the Services.
Agreement to be Bound
The following Privacy Policy governs CedarHillMgmt’s collection and use of its Users’ private information. By accessing the Site or the App or otherwise using the Services you represent that you have read and understand the Privacy Policy and that you agree to be bound thereby. You understand that your acceptance of us collecting and using your Personal Information enables us to effectively provide the Site, App and/or the Services. This Privacy Policy is also subject to and should be read in conjunction with our Terms of Use, which may be found here [insert link to Terms]. This Privacy Policy is incorporated into and made a part of our Terms of Use. Under the European Data Protection Legislation (if it applies to you) and other applicable law, CedarHillMgmt is the data controller responsible for the processing of your Personal Information collected from and through the Platform. CedarHillMgmt is the sole owner of any data collected through the Platform. In this Policy, “European Data Protection Legislation” means all applicable legislation relating to data protection in the European Economic Area (“EEA”), including the EU General Data Protection Regulation 2016/679 (“GDPR”) and all laws adapted under or replacing the GDPR.
Modifications and Changes to Privacy Policy
We reserve the right to modify, add to, suspend, or delete the Privacy Policy, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being effective immediately following their posting to the Site and/or the App. Therefore, you should review this page periodically to keep up to date with any changes and modifications. We will update the ‘last modified’ date at the top of this page when we post changes to the Privacy Policy. Your use and/or access of the Site or the App or use of the Services, after modification, addition or deletion of or to this Privacy Policy shall be deemed to constitute acceptance by you of the modification, addition, or deletion and the revised Privacy Policy.
The Information We Collect
CedarHillMgmt collects Personal Information and non-personally-identifiable information from our Users to deliver and improve the Services. Such Personal Information may include your full name, email, phone number, address, age, gender, organization, photo identification, social media identifier, bank account number, credit/debit card number, user name and password, and location-tracking information. We collect this information: directly from you when you provide it to us or communicate with us; and/or automatically as you navigate through our App (data collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies).
Information You Provide Us
The information we collect on or through our Platform may include: Your Account information: When creating an account (your “Account”) to access the App or Site, you may be asked to provide certain information. That Personal Information may include your full name, email address, phone number, birthday, age, gender, address, password and other data you provide with your account creation. You may optionally provide us with this information through third-party sign-in services such as Apple, Facebook and Google. In such cases, we fetch and store whatever information is made available to us by you through these sign-in services including your social media identifier. Your preferences: Your preferences and settings such as time zone and language. Your browsing information: How long you used our Platform, and which features you used. We use the data you provide to us to enhance the functionality and improve the quality of our Platform, and to personalize your experience while using our Platform. We also use this data to provide support to you, communicate with you, and comply with our legal obligations.
Data We Collect Through Automatic Data Collection Technologies
We may automatically collect certain data about the computer or devices (including mobile devices) you use to access the Platform, and about your use of the Platform, even if you use the Platform (including the App) without registering or logging in. This data includes: Usage data: Details of your use of our Platform, including traffic data, location data, logs and other communication data and the resources that you access and use on or through our Platform. Computer and device data: Data about your computer, Internet connection and mobile device, including your IP address, operating systems, platforms, browser type, other browsing information (connection, speed, connection type etc.), device type, device’s unique device identifier, general location information, mobile network information and the device’s telephone number. Your preferences: Your preferences and settings such as time zone and language. Your activity on the Platform: Data about your activity on the Platform, such as your search queries, domain names, search results selected, number of clicks, pages viewed and the order of those pages, how long you visited our Platform, the date and time you used the Platform, error logs, and other similar information.
Why Does CedarHillMgmt Collect Personal Data?
We collect information described above for the some or all the following reasons: Verify Accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of our Platform, and promote safety and security on and off of the Platform. Employ you or consider you for employment; Help advertisers and other partners measure the effectiveness and distribution of their advertisements and understand the types of people who use their services and how people interact with their websites, apps, and services. Provide the Site, App, and Services to you; We use location information, such as your general location information to personalize and improve our offerings through the Platform, including advertisements, for you and others. Generalized location information can be based on things IP addresses and information from your use of the Services; For legal reasons, for example, if you have entered into a contract with us; Understand our Users (what they do on our Services, what features they like, how they use them, etc.), improve the content and features of our Platform, process and complete your transactions, and make special offers; Administer our Platform and diagnose technical problems; Generate and review reports and data about, and to conduct research on, our User base and Platform usage patterns; Administer contests and sweepstakes; Provide you with customer support; Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; Notify you about changes to our Platform; Allow you to participate in interactive features offered through our Platform; In any other way we may describe when you provide the data; and For any other purpose with your consent.
Anonymous Data
We may anonymize data (including Personal Information) collected from you through the Platform or via other means, including via the use of third-party web analytic tools. In this Privacy Policy, anonymized data is data that rendered anonymous in such a way that the User is not or no longer identifiable. As a result, our use and disclosure of anonymized data is not restricted by this Privacy Policy, and it may be used and disclosed to others without limitation.
Legal Purposes.
We may share your Personal Information when we believe in good faith that such sharing is reasonably necessary in order to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process. We may also share your Personal Information to investigate and address threats or potential threats to the physical safety of any person, to investigate and address violations of this Privacy Policy or our Terms of Use, or to investigate and address violations of the rights of third parties and/or to protect the rights, property and safety of CedarHillMgmt, our employees, Users, or the public. This may involve the sharing of your Personal Information with law enforcement, government agencies, courts, and/or other organizations on account of legal request such as subpoena, court order or government demand to comply with the law. We will retain and use your Personal Information for the period necessary to comply with our legal obligations, to enforce our agreements, resolve disputes and unless a longer period is required or permitted by law.
Consent.
We may share your information lawfully in any other circumstances where we have your consent. We will not sell, market, share, rent or otherwise distribute your Personal Information to others in ways different from what is disclosed in this Privacy Policy. If your Personal Information will be disclosed to any other recipients than are stated in this Privacy Policy, we will inform you at the time we collect your Personal Information and obtain your consent. You have the right to withdraw your consent where you have previously given your consent to the processing of your Personal Information. To the extent that the legal basis for our processing of your Personal Information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
Other Sites and Apps.
Our Site and Apps may contain links to other web sites, mobile software applications, services, or software, which are outside our control and are not covered by this Privacy Policy. If you access other web sites, mobile software applications and/or software or otherwise use any third-party services using the links provided, the operators thereof may collect information from you, which will be used by them in accordance with their privacy policies, which may differ from ours. The appearance of any links to any third party web sites, mobile software applications, services, or software on the Platform does not imply indorsement or connection between Lujo and any such third party. We recommend that you examine the terms of use and privacy policies of such third party web sites to understand their procedure for collecting, using and disclosing Personal Information. We disclaim all liability against any loss suffered by you from accessing those external links.
EU Privacy/Data Protection Rights If you are a resident of the European Economic area (“EEA”) you have certain rights related to your Personal Information. Below are the rights that you have under law, and what CedarHillMgmt does to protect those rights:
Legal right What CedarHillMgmt does to protect your rights
The right to be informed CedarHillMgmt is publishing this Privacy Policy to keep you informed as to what we do with your data. We strive to be transparent about how we use your data.
The right to access You have the right to access your data. Please contact CedarHillMgmt at [email protected] if you wish to access the Personal Information CedarHillMgmt holds about you.
The right to rectification If the data CedarHillMgmt holds about you is inaccurate or not complete, you have the right to ask us to rectify it. If that data has been passed to a third party with your consent or for legal reasons, then we must also ask them to rectify the data. Please contact CedarHillMgmt at [email protected] if you wish to correct any data.
The right to erasure This is sometimes called ‘the right to be forgotten’. If you want CedarHillMgmt to erase all your Personal Data and we do not have a legal reason to continue to process and hold it, please contact CedarHillMgmt at [email protected].
The right to restrict processing You have the right to ask CedarHillMgmt to restrict how we process your Personal Information. This means we are permitted to store the data but not further process it. We keep just enough data to make sure we respect your request in the future. If you want us to restrict processing of your data, please contact CedarHillMgmt at [email protected]
The right to object You have the right to object to CedarHillMgmt processing your Personal Information even if it is based on our legitimate interests, the exercise of official authority, direct marketing (including data aggregation), and processing for the purposes of statistics. If you wish to object, please contact CedarHillMgmt at [email protected]
The right to withdraw consent If you have given us your consent to process your Personal Information but change your mind later, you have the right to withdraw your consent at any time, and CedarHillMgmt must stop processing your data. If you want to withdraw your consent, please contact CedarHillMgmt at [email protected]
The right to complain to a Supervisory Authority Residents of the EEA may lodge a complaint with a data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs. A list of EU data protection authorities is available at http://ec.europa.eu/newsroom/article29/itemdetail.cfm?item_id=612080.
Changes to this notice or your data
We may amend or modify this privacy notice from time to time. We will post any revised notice on this site and on our app, and if the changes are significant, we will notify you by email.
Importance – that the personal data we hold about you is valid/accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Advertisements:
We may permit certain third-party companies to help us tailor advertising that we think may be of interest to Users and to collect and use other data about User activities on the Website. These companies may deliver ads that might place cookies and otherwise track User behaviour.
Email marketing:
We offer electronic newsletters to which you may voluntarily subscribe at any time. We are committed to keeping your e-mail address confidential and will not disclose your email address to any third parties except as allowed in the information use and processing section or for the purposes of utilizing a third-party provider to send such emails. We will maintain the information sent via e-mail in accordance with applicable laws and regulations.
CedarHillMgmt TERMS OF USE
(Updated December 6, 2021)
Please read these Terms of Use (these “Terms” or these “Terms of Use” or this “Agreement”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Site, App and/or our Services, you agree to comply with and be bound by these Terms of Use. These Terms of Use describe the services offered by us and form a contract between you (the User) and CedarHillMgmt. These Terms of Use must be accepted in order to use the Site, App and our Services. BY USING THE SERVICES, SITE AND/OR THE APP, USERS AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF USE. ANY USERS WHO DO NOT AGREE WITH THESE TERMS SHOULD NOT USE THE SERVICES, THE SITE, OR THE APP.
SECTION I: DEFINITIONS, AGREEMENT TO BE BOUND
1.1. Definitions. References to “Dispute” mean any claim, conflict, controversy, disagreement between the parties arising out of, or related in any way to, these Terms of Use (or any terms, supplements or amendments contemplated by these Terms of Use) including, without limitation, any action in tort, contract or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation or enforcement of these Terms of Use or any terms contemplated by the Terms. References to “Material Breach” mean any breach of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching party would wish to immediately terminate these Terms because of that breach. References to the “App” mean that mobile application software available for purchase and download via the Google Play and iTunes stores under the name “CedarHillMgmt Lifestyle”. References to the “Platform” (app) include all services offered by or made available through CedarHillMgmt, including, but not limited to, the App, the Services, and the Site. References to the “Services” mean any and all services offered by us, including but not limited to concierge booking services. References to the “Site” mean the Website bearing the URL www.CedarHillMgmtgroup.com, as well as any sub-domains or subpages thereof, or any other Sites owned and/or operated by us under the CedarHillMgmt brand. References to a “Supplier” means a third party provider of services, villa rentals, or any properties, products, or other exclusive services who advertises and makes available the same available to Users via the Site and/or the App. References to “us,” “we,” “our,” and/or “CedarHillMgmt” meansCedar Hill Management Ltd. References to “you,” and/or “User” mean the User of the Site, the App, and/or the Services.
1.2. Agreement to be Bound.
The following Terms of Use, together with the relevant information set out on this Site, including any features and services available, such as RSS feeds, podcasts, video and photographs, publications, and other materials are subject to the Terms of Use set forth below. Please read them carefully as any use of this Platform constitutes your agreement with these Terms, without acceptance, to be bound thereby by the User. By using the Platform, you represent that you are at least eighteen (18) years old, you possess the legal authority to create a binding legal obligation, you will use this Site in accordance with these Terms, have read and understand the Terms of Use, and that you agree to be bound by these Terms of Use as set forth herein. These Terms of Use are subject to the Privacy Policy, which also governs your use of the Platform. The Privacy Policy is incorporated into and made a part of these Terms and therefore should be read in conjunction with these terms. In addition, each Supplier shall have his, her, or its own set of terms, which bind all transactions.
SECTION II: GENERAL PROVISIONS
2.1. About Us. Cedar Hill Management not Vendor; No Endorsement. Through our Platform, we provide an online private members club wherein members can obtain access to our exclusive, luxury concierge services for villa rentals and other exclusive bookings, services, and gifts. As an online concierge service provider, we do not offer for sale or rent, provide, endorse or promote any Suppliers, products or services sold or rented, and we have no control over the quality, safety, morality or legality of any aspect of any products or services listed for sale or rent, the truth or accuracy of the listings, the ability of Suppliers to provide items sold or rented, the identity of any Supplier, buyer or renter, the ability of a buyer to pay for items purchased, or the ability of renters to pay for and maintain in good condition any item rented. If you rely on any of the information provided by or on the Platform, you do so solely at your own risk. Suppliers alone are responsible for all listings on the Platform. When Users accept any listing for any services through the Platform, they are entering into a contract directly with a Supplier. CedarHillMgmt is not and does not become a party to or other participant in any contractual relationship between Users and Suppliers, nor is CedarHillMgmt a real estate broker or insurer. CedarHillMgmt is not acting as an agent in any capacity for any User or Supplier. You acknowledge and agree that we do not sell or rent, offer to sell or rent, invite to sell or rent, make or solicit any offers from any Suppliers. IN ALL INSTANCES, ALL SALES AND RENTALS ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED, MADE AND DELIVERED BY AND BETWEEN USERS AND SUPPLIERS, WITH WHOM A USER DIRECTLY CONTRACTS. AT NO TIME WILL A BUYER/SELLER OR RENTER/RENTEE RELATIONSHIP EXIST BETWEEN US. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law.
2.2. Accuracy, Completeness and Timeliness of Information. We are not responsible if information made available on the Platform, or via the Services is not accurate, complete or current, including but not limited to property and product descriptions and availability. You acknowledge that the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You acknowledge further that any reliance on the Platform is at your own risk.
2.3. Errors in the Platform. We do not warrant that any errors in the Platform will be corrected. Due to the nature of the Internet, CedarHillMgmt can not guarantee the continuous and uninterrupted availability and accessibility of the Platform.
2.4. Modifications and Changes to Terms of Use. We may modify, add to, suspend or delete these Terms of Use or other agreements, in whole or in part, in our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Site and/or the App. Your use of the Site, App, or the Services after modification, addition or deletion of these Terms of Use shall be deemed to constitute acceptance by you of the modification, addition or deletion.
2.5. Modifications and Changes to the Web Site, App, Services Offered. We may modify, add to, suspend, or delete any aspect of the Platform, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.
2.6. Access to Site, App, and Services. Therefore, you should review this page periodically to keep up to date with any changes and modifications. We will update the ‘last modified’ date at the top of this page when we post changes to these Terms. Though we try to make the app available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Platform will be at all times available. We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Platform. CedarHillMgmt may restrict the availability of the Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform. We may improve, enhance and modify the Platform from time to time.
2.7. Right of Refusal, Limitation, Discontinuation, and Termination. We reserve the right to refuse to provide access to the Site, App, and/or Services for any reason at any time in our sole and exclusive discretion, including for any non-compliance with these Terms. We may, in our sole and exclusive discretion, limit or cancel a User Account for any reason whatsoever, as allowable by law. In the event that we make a change to or cancel an Account, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time your Account was created; however we shall be under no obligation to do so and the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the Account termination.
2.8. Prohibited Uses of the App. In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Platform: (a) for any unlawful purpose; (b) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Platform; (c) to violate any international, governmental, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false, incomplete, deceptive or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Platform; (l) take any action or use any software or other function that may cause malfunction of the Site/App; or (m) “frame”, “mirror” or otherwise incorporate any part of this Site into any other website. We reserve the right to terminate your use of the Platform, or your Account on the Platform, for violating any of the prohibited uses mentioned in these Terms or as we may deem prohibited in our sole discretion or for any other reason in our sole and exclusive decision.
SECTION III: MEMBERSHIP
Membership fees and duration
Your use of the Services is conditional on your paying in full our annual membership fees plus any applicable initiation fee (together, our “Fees”).The total Fees (and initiation fee, if any) will be made available to you before you sign up as a member.
Your membership is valid for 12 calendar months from the date when it is granted or renewed and will renew automatically upon expiry of a Subscription Term in perpetuity unless you contact CedarHillMgmt at [email protected] to request the deletion of your membership account, at least 30 days prior to the end of the relevant Subscription Term.
Our Fees may vary from time to time. In the event that the annual membership component of the Fees varies from one Subscription Term to another, we will inform you of the change at least 30 days before the expiry of your then-current Subscription Term.
We reserve the right to refuse to grant or renew membership in our sole discretion and for any reason. We are under no obligation to provide reasons for our acceptance or refusal of any application or renewal.
SECTION IV: ACCOUNTS, USE OF THE SITE AND APP
4.1. Online Accounts. Access to the App and our Services is by application only, and admittance as a member, and subsequent creation of an Account, is in our sole and exclusive discretion. Approved Users may be given the opportunity to register via a registration form to create a User account, (hereinafter your “Account,”) that will allow you to receive information from us and/or to participate in certain features of the Site, App, and the Services. Such Account registration may be done via a thirdparty plug-in (e.g. Apple, Google or Facebook) over which we have no control or authority and accept no liability, including but not limited to the use of your private information. We will use the information you provide in accordance with our Privacy Policy, which we urge you to read carefully. By registering with us, you represent and warrant that all information you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information so that it remains current, complete and accurate. During the Account registration process, you may be required to choose a password. You acknowledge and agree that we may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms. You may cancel your Account at any time via the Account settings. Identity verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s or Supplier’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to: ask Users or Suppliers to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users or Suppliers, screen Users or Suppliers against third party databases or other sources and request reports from service providers, and where we have sufficient information to identify a User or Supplier, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available). You are responsible for maintaining the confidentiality and security of your Account credentials and may not disclose your credentials to any third party. You must immediately notify us if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account.
4.2. Transfer Prohibited. You agree you shall not sell, loan, trade, or transfer your Account to any other person or entity. In addition, you shall not allow any third party to use your Account.
4.3. Right to Monitor. We shall have the right to monitor your Account and all activity occurring through your Account in our sole and exclusive discretion.
4.4 Booking Process. Subject to meeting any requirements (such as completing any acceptance or verification processes) set by CedarHillMgmt, you can book a Service made available by the Supplier on the Platform by following the respective booking or reservation process. All applicable fees will be presented to you prior to such booking. You agree to pay all applicable fees arising from any booking in connection with your Account. We will collect all applicable fees at the time of the booking request or upon the Supplier’s confirmation or acceptance, pursuant to the applicable payment terms. Upon receipt of a booking confirmation email from CedarHillMgmt, a legally binding agreement is formed between you and the Supplier, subject to any additional terms and conditions of the Supplier that apply, including the applicable cancellation policy and any rules and restrictions. If you make a reservation or book on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Supplier, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Supplier. If you are booking for an additional guest who is a minor (under the age of 18), you represent and warrant that you are legally authorized to act on behalf of the minor (under the age of 18). Although we try to ensure that all availability displayed on the Platform is accurate, Suppliers, and especially restaurants, may cancel or amend bookings after they have been confirmed. We are not responsible for any cancelled or amended bookings and shall not be responsible for any such variation in the bookings. Please contact the Supplier directly if you have any queries. If you wish to amend a booking, you will need to discuss that with the Supplier directly. We cannot guarantee that the Supplier will be able to accommodate any changes.
4.5. Supply of Services. All Services supplied via the Site and/or the App are at our discretion. We may refuse to make any bookings or purchases requested by any User for any reason, at our sole discretion. All delivery dates are estimates only and not confirmed until a purchase has been completed. No request for Services, reservation, booking, or product purchase is approved and accepted until you receive an email confirmation of the same. In addition, there is no guarantee that any Service supplier via the Site and/or the App will be available to any User on any requested date or time. Any time a User requests or attempts to book or reserve or purchase a Service through the Platform, such request shall be subject to acceptance and confirmation by the applicable Supplier. No request for Services, reservation, booking, or product purchase is approved and accepted until you receive an email confirmation of the same.
4.6. Admission. User agrees and acknowledges that venues, restaurants, nightclubs, and other such premises and events made available by Suppliers through the Platform may have their own policies related to age and dress code and may refuse entry for any reason and we shall not be responsible for such policies of Suppliers. Users are encouraged to review and make themselves aware of any such requirements for entry and to contact the Supplier directly in the event of any questions or concerns related thereto prior to making any purchase regarding the same. In no event shall we be liable should a User be refused entry.
4.7 Supplier’s Accuracy. Suppliers are solely responsible for all content that they make available on or through the Platform. Accordingly, all Suppliers represent and warrant that:
they either are the sole and exclusive owner of all such content that they make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to CedarHillMgmt the rights in and to such content, as contemplated under these Terms; and
neither the content nor your posting, uploading, publication, submission or transmittal of the content as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Suppliers will not post, upload, publish, submit or transmit any content that:
is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
is defamatory, libelous, obscene, pornographic, vulgar or offensive;
promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening to any other person or animal; or
promotes illegal or harmful activities or substances. We may remove or disable access to any Supplier provided content that is in violation of applicable law, these Terms or otherwise may be harmful or objectionable to CedarHillMgmt, its Users, third parties, or property.
SECTION V: Third-Party Advertisements, Promotions, and Links
5.1. Third Party Advertisements and Promotions. We may, from time to time, run advertisements and promotions from third parties on the Site and/or the App. Your dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of thirdparty advertisers on the Site and/or the App.
5.2. Use of Third-Party Tools. We may provide you with access to third-party tools, which we do not monitor or have any control or input. You acknowledge and agree that we provide access to such tools “AS IS” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site, App, and/or the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
5.3. Third-Party Links, Products, and Services. Certain content, products, and services available via our Site may include materials from third-parties. Through the App, Site, and/or the Services, we may direct you to third-party sites, apps and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or sites or apps or for any other materials, products, or services of third-parties. We are not under control of third party sites and any purchase made by you from such sites will be solely your decision and responsibility and will be separately governed by the third parties’ respective terms and conditions. We are providing these third party site links only as a convenience and the inclusion of any link does not imply endorsement by us of the sites or any association with its operators or owners. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party with whom you connect via the Site, App and/or the Services. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION VI: DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION
6.1. Disclaimer of Warranty; Limitation of Liability.
YOU AGREE THAT USE OF THE PLATFORM, SITE, APP, AND SERVICES IS AT YOUR SOLE RISK. NEITHER US NOR OUR AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE USE OF THE SITE, APP, OR THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE, APP, OR SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED.
ANY INFORMATION PROVIDED VIA THE PLATFORM, SITE, APP, OR SERVICES, DOWNLOADABLE SOFTWARE, PRODUCTS, OR OTHER MATERIALS, WITHOUT LIMITATION, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AGAINST INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.
ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THE SITE AND APP AND PROVIDED VIA THE SERVICES IS BELIEVED TO BE RELIABLE, WE MAKE NO REPRESENTATIONS, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE WEB SITE, APP, AND/OR SERVICES.
IN NO EVENT SHALL WE OR OUR AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PROFESSIONAL LIABILITY DAMAGES, MALPRACTICE LOSSES AND DAMAGES, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, PERSONAL INJURYORDEATH, PROPERTY DAMAGE, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEB SITE, APP, OR SERVICES.
WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLYIDENTIFIABLE INFORMATION. BY UTILIZINGTHE PLATFORM, SITE, APP, AND/OR SERVICES YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE UTILIZE THE SITE, APP, OR THE SERVICES.
OUR LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF OUR AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF MEMBERSHIPFEES YOU PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. EURO AND NO/CENTS (Euro 100.00,) WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
The above limitations shall survive these Terms and inure to the benefit of us and our affiliates, directors, officers, members, employees, contractors, parents, subsidiaries, agents, third-party content providers, licensors, and any purchasing person or entity in the event that we are sold, in whole or in part, and/or restructured.
6.2. INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS, AS WELL AS OUR AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS FROM AND AGAINST ALL CLAIMS, SUITS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR RELATED TO:
YOUR USE OF THE PLATFORM, SITE, APP, AND/OR SERVICES;
YOUR NONCOMPLIANCE WITH OR BREACH OF THIS AGREEMENT;
YOUR USE OF THIRD-PARTY SERVICES, PRODUCTS, LINKS, ADVERTISEMENTS, AND/OR TOOLS;
YOUR VIOLATIONS OF ANY THIRD-PARTY RIGHTS, INCLUDING THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; AND/OR
THE UNAUTHORIZED USE OF THE SITE, APP, OR SERVICES BY ANY OTHER PERSON USING YOUR INFORMATION.
SECTION VII: GOVERNING LAW; ARBITRATION
8.1. Governing Law. These Terms shall be governed and construed in accordance with the laws of England. Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of these Terms or arising therefrom or related thereto in any manner whatsoever shall be settled by arbitration in accordance with the provisions set forth under the Rules of the London Court of International Arbitration (“Rules”), by one or more arbitrators appointed in compliance with the Rules.
SECTION VIII: MISCELLANEOUS
8.1. Affiliate Disclosure. We may have an affiliate relationship with third-parties and affiliates to whose products and services we link and promote through the Site, App, and/or the Services. Because of this relationship we may earn a commission on products purchased by a User from a third-party affiliate.
8.2. Different and Conflicting Terms. We reserve the right, but assume no obligation, to agree to different or conflicting terms and conditions with respect to any User. Any such terms and conditions will not be enforceable unless specifically agreed to by us.
8.3. Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its Terms.
8.4. Waiver. Any waiver of a right under these Terms of Use shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.
8.5. Force Majeure. We shall not be bound to meet any obligation if prevented from doing so as a consequence of Acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, pandemics, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.
8.6. Assignment. We shall have the right to assign and/or transfer these Terms and our rights and obligations hereunder to any third-party after notifying you as provided for herein. You agree and acknowledge that you shall not assign or transfer its rights or sub-contract or delegate the performance of any of its obligations under these Terms of Use without our prior written consent in our sole and exclusive discretion.
8.7. Rights of Third Parties. These Terms do not give any right to any third-party unless explicitly stated herein.
8.8. Relationship of the Parties. The parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between them. Neither party has authority to enter into Terms of any kind in the name of the other party.
8.9. Severability. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
8.10. Additional Services, Contests. We reserve the right, in our sole discretion and from time to time, to offer contests, programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such special program is governed by these Terms together with the terms and conditions of such contest, program, product or service.
8.11. Updates. From time to time, we may update these Terms of Use by prominently posting a notice of update to the Site and the App and contacting you at the email you provided upon registration, if applicable, so we encourage you to review them often. Severability: If any provision of these Terms are determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provisions or part of such provisions and the remaining part of such provisions and other provisions of these Terms shall continue to be in full force and effect.