Terms and Conditions
TERMS AND CONDITIONS
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.
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
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 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
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.
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.
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.
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.
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.
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.
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.
- 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.
Integration and Severability
November 1, 2015