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Terms and Conditions

TERMS AND CONDITIONS

This website and/or its mobile applications (“Website”) is owned and operated by Cherrytin Online Private Limited, (hereafter, “Cherrytin”), with participation by various vendors offering goods and services via the Website. The terms and conditions (“Terms ”), located at https://www.weddingwishlist.com/about-us/terms-and-conditions , apply to your use of this Website. Any account you create on the Website and/or product/service you purchase through this Website is governed by these Terms. Your use of this Website constitutes your agreement to these Terms. If you do not wish to be bound by these Terms of Use, please do not use this Website. We may update these Terms of Use from time to time at our sole discretion, and post an updated version of the notice at the URL provided above.


YOUR INFORMATION AND WEBSITE CONTENT

You represent that all of the information, data and other materials you provide on this Website or to Cherrytin through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided, as appropriate. Some features that may be available on this Website require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.
All content that you see or read on the Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) (“Content”) is the exclusive property of Cherrytin and its licensors and partners and is protected by copyright, trademark and other applicable laws. Without Cherrytin’s prior written consent, you may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of our Content in any way for any purpose, including using our Content on any other website. However, you may print pages from this Website for personal, non-commercial use, provided that you include a copyright notice on each page.


Privacy

Further, our use of the Website is further conditional upon your acceptance of and agreement to our privacy policy (“Privacy Policy”). A copy of the Privacy Policy that applies to the collection, use, disclosure and other processing of personal information on this Website is located at https://www.weddingwishlist.com/about-us/privacy-policy . You consent to any personal information we obtain about you (either via this Website, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of our Privacy Policy. We may update the Privacy Policy from time to time in our sole discretion, and post an updated version of the notice at the URL provided above. The Privacy Policy is hereby incorporated herein by reference.


Use of Website

Cherrytin grants to you a limited license to access and make personal use of this Website. Cherrytin or its licensors or content providers retain full and complete title to the Content available on the Website, including all associated intellectual property rights, and provide this Content to you under a license that is revocable at any time in Cherrytin’s sole discretion. Cherrytin strictly prohibits any use of the Content available through the Website, including but not limited to: (i) any downloading, copying or other use of the Content or the Website for purposes competitive to Cherrytin or for the benefit of another vendor or any third party; (ii) any caching, unauthorized linking to the Website or the framing of any Content available on the Website; (iii) any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any Content, products or services obtained from the Website that you do not have a right to make available (such as the intellectual property of another party); (iv) any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer; (v) using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Website (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or (vi) any action that imposes or may impose (in Cherrytin’s sole discretion) an unreasonable or disproportionately large load onCherrytin’s infrastructure, or damage or interfere with the proper working of our infrastructure. You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Website. You may not bypass any measures that have been implemented to prevent or restrict access to this Website. Any unauthorized access to the Website by you (including any such access or use that involves in any way an account you may establish on the Website or any device you may use to access the Website) shall terminate the permission or license granted to you by Cherrytin.

Cherrytin reserves the right to refuse or cancel any registration for this Website, remove any person from the Website and prohibit any person from using the Website for any reason whatsoever, and to limit or terminate your access to or use of the Website at any time without notice. Cherrytin neither warrants nor represents that your use of the Content available on this Website will not infringe rights of third parties not affiliated withCherrytin. Termination of your access or use will not waive or affect any other right or relief to which Cherrytin may be entitled, at law or in equity.


Registration of Website

Registration requires you to (1) indicate agreement to these Terms of Use, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the registration process, in Cherrytin’s sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. You will notify Cherrytin immediately of any unauthorized use of your Cherrytin account or the Website known to you, whether by you or a third party.

You may cancel your Cherrytin account at any time by contacting Cherrytin customer support. Cherrytin may terminate your account and refuse any and all current or future use of the Website or other services, or any portion thereof, (i) in order to comply with applicable Law, (ii) if you provide any information that Cherrytin determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (iii) if Cherrytin determines, in its sole discretion, that you are using your Cherrytin account in a manner not permitted by these Terms of Use, or (4) in other circumstances, as Cherrytin deems appropriate in its sole discretion.


PURCHASES

Cherrytin may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Cherrytin deems appropriate in its sole discretion. Cherrytin also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Cherrytin will either not charge you or refund the charges for orders that we do not process or cancel.

Cherrytin attempts to provide accurate descriptions of products and services on the Website. Cherrytin does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the Website is not as described, your sole remedy is to return the item, as specified in these Terms of Use.

Cherrytin strives to provide accurate pricing information regarding the products and services available on the Website. We cannot, however, insure against pricing errors. Cherrytin reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the Website as a result of an error. If this occurs, Cherrytin will notify you by email. In addition, Cherrytinreserves the right, at its sole discretion, to correct any error in the stated full retail price.

Click https://www.weddingwishlist.com/customer-service/returns-and-exchanges"> https://www.weddingwishlist.com/customer-service/returns-and-exchanges for our policy regarding shipping and tax, which may change from time to time. Taxes collected are collected on behalf of the seller of record.


Fund transaction and accountability

The Site offers various payment gateways to facilitate transaction of funds for campaigns. However, it may be noted that the Site or the Company:

  • Are not the final recipients of any funds from the contributors directly, but a service provider, which enables receipt of funds (both domestic and foreign) by Sellers or the Registrants, who are the final recipient of funds
  • For cash contributions, collects the funds in the Company bank account for a time period chosen by the registrant and then transfer funds to the registrant’s account. And transfers the funds to the registrants bank account 1 day after the registrant’s chosen timeframe
  • Makes refunds after deducting necessary transaction fee to the contributor, who has chosen to get a refund in the event of a campaign not being able to raise it’s target amount
  • Does not guarantee that the wishlist will be completely or partially fulfilled


YOUR SUBMISSIONS

Any creative or original materials or any other creative suggestions, text, software, music, sound, photographs, graphics, videos, messages, ideas, notes, drawings, concepts, marketing plans or other information that you submit to us by electronic mail or otherwise, will be treated in accordance with these Terms of Use and our Privacy Policy.

By submitting and/or posting Content to the Website, you automatically grant to Cherrytin a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative work of and display such Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. Any Content you transmit or post may be used by Cherrytin or licensed to others by Cherrytin for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting.

As a user, you are responsible for your own Content and are responsible for the consequences of your posting such Content. You acknowledge that you are responsible for any content you may submit through the Website, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Website any content that: (i) is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; (ii) is obscene, sexually-explicit, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; (iii) is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. of foreign laws; (iv) may contain software viruses or malware; (v) is an advertisement, solicitation, promotional material, "junk mail," "spam," chain letters, pyramid schemes or any form of commercial content; (vi) impersonates another person or misrepresents your affiliation with any person or organization; (vii) contains personal information (such as phone numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information; (viii) contains messages that offer unauthorized downloads of any copyrighted, confidential or private information; or (ix) contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Website to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Website to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases. Furthermore, you will not access the Website to obtain a list of users of the Website or access or use any secure or non-public areas of the Website without authorization or frame or link to the Website. Cherrytin does not represent or guarantee the truthfulness, accuracy, or reliability of any Content posted by other users or endorse any opinions expressed by users. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any Content. You acknowledge that any reliance on material posted by other users will be at your own risk. Cherrytin does not screen communications in advance and is not responsible for screening or monitoring material posted by users. Cherrytin reserves the right to remove Content, expel users and prevent their further access to the Website for violating these Terms of Use or the law.


Disclaimer

Except as otherwise expressly provided in these terms of use, or required by applicable law, cherrytin makes no representations, covenants or warranties and offers no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, or non-infringement of your cherrytin account, any content on the website, or any products or services purchased through the website, as well as warranties implied from a course of performance or course of dealing.

Your use of this website is at your sole risk. the website is provided on an “as is” and “as available” basis. we reserve the right to restrict or terminate your access to the website or any feature or part thereof at any time. cherrytin disclaims any warranties that access to the website will be uninterrupted or error-free; that the website will be secure; that the website or the server that makes the website available will be virus-free; or that information on the website will be correct, accurate, adequate, useful, timely, reliable or otherwise complete. if you download any content from this website, you do so at your own discretion and risk. you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. no advice or information obtained by you from the website shall create any warranty of any kind.


Limitation of liability

The providers whose products and services are available on the website are independent contractors and not agents or employees of cherrytin. cherrytin is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such provider or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.

You acknowledge and agree that you assume full responsibility for your use of the website and/or for use of your cherrytin account, communications with third parties, and purchase and use of the products and services available through the website. you acknowledge and agree that any information you send or receive, and/or use of the website may not be secure and may be intercepted by unauthorized parties. you acknowledge and agree that your use of the website is at your own risk and that the website is made available to you at no charge. recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law (including, without limitation, consumer protection law), neither cherrytin nor its licensors, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to (1) this website, or any other website or resource you access through a link from this website; (2) any action we take or fail to take as a result of communications you send to us; (3) your cherrytin account or any termination or cancelation of your account; (4) any products or services made available or purchased through the website, including any damages or injury arising from any use of such products or services; (5) any delay or inability to use the website or any information, products or services advertised in or obtained through the website; (6) the modification, removal or deletion of any content submitted or posted on the website; or (7) any use of the website, whether based on contract, tort, strict liability or otherwise, even if cherrytin, its licensors, suppliers or third party content providers, have been advised of the possibility of damages. it is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the website, or obtained from a linked website or resource. this disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, loss of profits by you, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. you specifically acknowledge and agree that neither cherrytin nor its licensors, suppliers or third party content providers shall be liable for any defamatory, offensive or illegal conduct of any user of the website. your remedy for any of the above claims or any dispute with cherrytin is to discontinue your use of the site. you and cherrytin agree that any cause of action arising out of or related to the website must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred. cherrytin’s maximum aggregate liability under this agreement shall be us$100. because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.

In no event shall the Company, nor its directors, employees, agents, partners, vendors, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising) and (ii) for any bugs, viruses, trojanhorses, or the like (regardless of the source of origination).

The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, third party intervention, change in law or economic circumstances, mechanical, electronic, or communications failure or degradation.


Links

Cherrytin has not reviewed all of the websites linked to this Website and is not responsible for the availability, content or accuracy of any pages or other sites linked via this Website. The inclusion of any link to such sites does not imply endorsement by Cherrytin of these websites. Your linking to any other pages or websites is at your own risk. You agree that Cherrytin will not be liable for any loss or damages you or any third party may suffer in connection with third party pages or websites. We encourage you to read the terms and privacy statements of all such websites, as their policies may be materially different from ours.


COMMUNICATION

When you use the Website or send emails to Cherrytin, you are communicating with Cherrytin electronically. You consent to receive electronically any communications related to your use of this Website. Cherrytin will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Cherrytin intended for receipt shall be deemed delivered and effective when sent to the email address you provide on the Website.


TERMINATION

You agree that Cherrytin may terminate your use of this Website if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, violated the rights of Cherrytin or any third party, or for any reason with or without notice to you. You agree that Cherrytin may modify or discontinue this Website, with or without notice to you. You agree that Cherrytin will not be liable to you or any third party as a result of such modification or discontinuation. Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.


Indemnification

You agree to defend, indemnify and hold harmless Cherrytin, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms of Use and your use of the Website.


Trademarks

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this Website are registered and unregistered trademarks of Cherrytin and others. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the written permission of Cherrytin or such third party that may own the Trademarks displayed on this Website. Your misuse of the Trademarks displayed on this Website, or any other Content on this Website, except as provided herein, is strictly prohibited.


Password

You may receive a password in connection with your use of this Website. You will be responsible to maintain the confidentiality of your password and account, and will be solely responsible for all activities that occur under your password and account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify Cherrytin immediately. Cherrytin may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Website, have been made by you unless we receive notice indicating otherwise.


Fore Majeure

Cherrytin shall be excused from performance under these Terms of Use, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (i) weather conditions or other elements of nature or acts of God, (ii) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (iii) quarantines or embargoes, (iv) labor strikes, or (v) other causes beyond the reasonable control of Cherrytin. In the event that Cherrytin is temporarily unable to ship to you a purchased item because of such an event, Cherrytin will give you the option of deferring shipment or receiving a refund of your charges.


Electronic Delivery, Notice Policy and Your Consente

By using the Site, you consent to receive from the Company, all communications including notices, agreements, legally required disclosures, or other information in connection with the Site (collectively, “Contract Notices”) electronically. The Company may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Site.


Dispute Resolution

  • If any dispute, controversy or claim arises out of or in connection with these Terms of Use, in which the Company is a party (a Dispute), the disputing parties shall use all reasonable endeavours to negotiate with a view to resolving the Dispute amicably. If a party gives the other party notice that a Dispute has arisen (a Dispute Notice) and the parties are unable to resolve the Dispute amicably within 30 (thirty) days of service of the Dispute Notice (or such longer period as the parties may mutually agree), then the Dispute shall be referred to arbitration in accordance with the below terms.
  • Subject to the above clause, all Disputes or differences regarding this Agreement shall be submitted to final and binding arbitration. In the event of such arbitration.
  • The arbitration shall be in accordance with the rules of the London Court of International Arbitration, in force at the relevant time (which is deemed to be incorporated into this Agreement by reference).
  • All proceedings of such arbitration shall be in the English language. The place / seat of the arbitration shall be Chennai and the courts of Chennai shall have exclusive jurisdiction over the arbitration proceedings.
  • The Law governing the conduct of arbitration and the arbitration proceedings shall be the laws of India.

The arbitration shall be conducted before a sole arbitrator appointed by Cherrytin:

  • Arbitration awards shall be reasoned awards and shall be final and binding on the disputing parties; and
  • The existence or subsistence of a dispute between the parties, or the commencement or continuation of arbitration proceedings, shall not, in any manner, prevent or postpone the performance of those obligations of the parties under the Agreement which are not in dispute, and the arbitrators shall give due consideration to such performance, if any, in making a final award.
  • Nothing shall preclude a party from seeking interim or permanent equitable or injunctive relief, or both. The pursuit of equitable or injunctive relief shall not be a waiver of the right of the parties to pursue any other remedy or relief through the arbitration.


Governing Law

These Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai.


Integration and Severability

These Terms of Use, the Privacy Policy, the Online Campaigner Agreement and other referenced material herein or on the Site, are the entire agreement between you and the Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Service and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.


Miscellaneous

The Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with the Company’s prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.


CONTACT INFORMATION

If you have any questions or comments about these Terms of Use, please contact us by email at support@Cherrytin.com You may also write us at: Cherrytin c/o Cherrytin, Inc.


EFFECTIVE DATE

November 1, 2015

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