Terms of Service

1. Your use of https://cherrypick.city/ (hereinafter referred to as “Website” or “Site”) is operated by Hyperglobal Marketplace Technologies Private Limited, with Company Number U52609TG2021PTC153888, incorporated in India, with its office address at 1st floor, 103, Plot no 679 & 682, Gokul plots, Hi-Tension Road, Hafeezpet, Serilingampally, Hyderabad-500085, Telangana, India (hereinafter referred to as “ CHERRYPICK”). CHERRYPICK is the registered trademark of Hyperglobal Marketplace Technologies Private Limited, which owns and manages this Site.
2. CHERRYPICK is a hyper-global marketplace that allows you to shop for products from top stores in popular cities across India. We are a software company that doesn't own any inventory, warehouse, or trucks. When you place an order on our website, our network of shopping professionals go around and handpick items for you. Our shipping personnel will carefully pack the items and ship them to your doorstep through our shipping partner DHL.
3. The use of any product, service or features (the “Materials'') available through the Site is governed by the Terms. Throughout the Site, the terms ``we”, “us” and “our” refer to  CHERRYPICK also wherever the context so requires “You” or “User” shall mean any natural or legal person who visits or uses the Website.  CHERRYPICK offers this website, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
4. By visiting our site and/ or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. 
5. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Service, you also accept and agree to be bound by our policies. (Including but not limited to Privacy Policy available and as amended from time to time.)
6. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
7. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
8. This Website, including all Materials present (excluding any applicable third-party materials), is the property of  CHERRYPICK and is copyrighted and protected by worldwide copyright laws and treaty provisions. You hereby agree to comply with all copyright laws worldwide in your use of this Website and to prevent any unauthorized copying of the Materials.  CHERRYPICK does not grant any express or implied rights under any patents, trademarks, copyrights, or trade secret information.
9. When you use any Materials provided by us through the Website including but not limited to (e.g. customer comments and social actions) you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed incorporated into the Terms of Service and considered a part and parcel of the Terms of Service. As long as you comply with the Terms of Service, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website.
10. Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
11. E-Commerce Terms:

• Individuals using the Website who are Minors/under the age of 18 shall not register as a User of the website and shall not transact on or use the Website.
• You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to Intellectual Property laws).
• You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services

• Each product on the Website ordered by you is sold by us.
• Our acceptance of your order will take place when we send you an order confirmation. In case we are unable to accept your order, we will inform you of this in writing and will not charge you for the order.
• Cardholders must retain a copy of transaction records and Merchant policies and rules.
• By placing an order, you authorize us or our third-party payment processer Stripe to process your credit/debit card details for the amount of your order. 
• We accept payment by:
• Visa or Master Card debit and credit cards will be accepted for payment.
• We may remove or add cards or other payment methods that we accept at any time without prior notice to you.
• We may remove or add cards or other payment methods that we accept at any time without prior notice to you.

13. Cancellation

• A User would be given store credits on a case-by-case basis as below scenarios:

• The User received a package that is damaged 
• The User received an item that is expired
• The User received an item after its expiry date due to shipping delays as per clause 13 (b) below.

• You are eligible to register as a buyer and purchase Products if you meet the following:
• You are above the legal age for purchasing Products in your country of residence; and
• You can provide an address for delivery of Products.
• To register on the Website, you will need to provide us with certain information. Your registration to the Site may not be accepted if you do not provide us with the required information. We reserve the right to decline any registration without further explanation. We reserve the right to undertake such checks as are necessary to verify your identity.
• After you have completed registration, your registration shall continue for an indefinite period, subject to suspension or termination in accordance with these Terms of Service.

• We reserve the right to refuse service to anyone for any reason at any time.
  You understand that your content (not including credit card information), may be transferred unencrypted and involve 
• transmissions over various networks.
• changes to conform and adapt to technical requirements of connecting networks or devices. 

• When using or placing an order on the Website, you agree that you:
• intend to enter into a contract with us;
• are responsible for maintaining the confidentiality of, and restricting access to and use of your account and password, and accept responsibility for all activities that occur under your account and password;
• are responsible for maintaining the confidentiality of your account;
• agree to immediately notify us of any unauthorized use of your password or account or any other breach of security;
• will provide true, accurate, current, and complete information about yourself and your use of the Website as required by us;
• will cooperate with our requests for additional information with respect to your eligibility and usage of our website.

• Accuracy, Completeness, And Timeliness Of Information:

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site 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 timelier sources of information. Any reliance on the material on this site is at your sole risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

1. Modifications To The Service And Prices:
1. Prices for our products are subject to change without notice.
2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
3. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
2. Products or Services:
1. All products are available exclusively online through the Website. These products may have limited quantities and are NOT subject to return or exchange according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.
2. We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
3. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
3. Intellectual Property:
1. Except for the rights expressly granted under these Terms of Services, all content included on the Website, including but not limited to text, graphics, logos, and videos is our property. We retain all rights, titles, and interests in and to the Website, including without limitation all Intellectual Property Rights therein.
2. The images of products on our Website have been downloaded from the internet as we do not have an agreement with any of the stores listed on our Website.
3. You undertake that by using the Website you have no right to use any of our trademarks.
4. Accuracy Of Billing And Account Information:
1. We reserve the right to refuse any order you place with us for any reason whatsoever. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
2. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.
5. Third-party Tools:
1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 
2. You acknowledge and agree that we provide access to such tools on an” as is” and “as available” basis without any warranties, representations, or conditions of any kind and without any endorsement. 
3. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
4. Any use by you of optional tools offered through the site 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. We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
6. Third-party Links:
1. Certain content, products, and services available via our Service may include materials from third parties.
2. Third-party links on this site may direct you to third-party websites 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 websites, or for any other materials, products, or services of third parties.
3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. 
4. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
7. User Comments, Feedback, And Other Submissions
1. If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation.
1. to maintain any comments in confidence
2. to pay compensation for any comments
3. to respond to any comments.
2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
3. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. 
4. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Website. 
5. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
6. You shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of  CHERRYPICK or its associate companies or sellers on the platform or otherwise.
8. Personal Information:
1. We view the protection of your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information including any sensitive financial information collected, if any, on the Shopify servers. Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy. If you object to Your Information being transferred or used in this way please do not use the Website.
2. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
3. We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.
9. Errors, Inaccuracies, And Omissions:
1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice (including even after you have submitted your order, and therefore not honor your order).
2. We undertake no obligation to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website should be taken to indicate that all information in the Service or on any related Website has been modified or updated.
10. Prohibited Uses:
1. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
2. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
3. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace, or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
4. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
5. You are prohibited from using the site or its content: 
1. for any unlawful purpose; 
2. to solicit others to perform or participate in any unlawful acts; 
3. to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; 
4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others; 
5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 
6. to submit false or misleading information; 
7. 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 Service or of any related Website, other Websites, or the Internet; 
8. to collect or track the personal information of others; 
9. to spam, phish, pharm, pretext, spider, crawl, or scrape; 
10. for any obscene or immoral purpose; or 
11. to interfere with or circumvent the security features of the Service or any related Website, other Websites, or the Internet.
6. We reserve the right to terminate your use of the Service or any related Website for violating any of the prohibited uses. 
11. Disclaimer Of Warranties And Limitation Of Liability:

• We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 
• You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
• You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided on an 'as is' and 'as available basis for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
  In no case shall  CHERRYPICK, our directors, partners, shareholders, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
• This Website, all the Materials and information/content (including but not limited to software) and services, included on or otherwise made available to you through this website are provided on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph,  CHERRYPICK does not warrant that:
• This Website will be constantly available, or available at all; or
• The information on this Website is complete, true, accurate, or non-misleading.
•  CHERRYPICK will not be liable to you in any way or in relation to the Materials of, or use of, or otherwise in connection with, the Website.  CHERRYPICK does not warrant that this site; information, content, Materials, product (including software), or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
• Relationship of the Parties:

Nothing contained in these Terms of Services will be deemed or construed by the parties to create a partnership, joint venture, or agency between the parties. It is understood that the parties will at all times remain independent parties.

• Indemnity:

You agree to indemnify, defend and hold harmless  CHERRYPICK, owner, licensee, affiliates, subsidiaries, group companies (as applicable), and their respective officers, partners, shareholders, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

• Allergies: 

 CHERRYPICK shall not be held liable for any adverse health reactions or any other outcome resulting from the consumption of the product or recommendations on the Website or actions you take as a result.

• Severability:

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

• Limitation Of Damages:

In no event shall  CHERRYPICK or any of its subsidiaries or affiliates or owners be liable to any entity for any direct, indirect, special, consequential, or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of this Website or any linked Website, even if  CHERRYPICK is expressly advised of the possibility of such damages.

• Termination

• Without prejudice to any of our rights and remedies and without any liability to you, we may limit, suspend or withdraw a user’s access to the Website and/or cancel any order placed by you at our sole discretion. For the avoidance of doubt, any amounts paid and received by us in relation to a canceled order will be refunded.
• The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
• These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
• If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

• Force Majeure:

Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated, including but not limited to, acts of God, legislative, judicial or regulatory acts of the federal or state government, court or regulatory authority, acts of any of our suppliers or any third-party providers of products to us, labor disruptions, pandemics, blackouts, or embargoes.

• No Waiver:

• The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 
• Any waiver by us of any of the provisions of these Terms of Sale will not constitute a waiver of any other provision, nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.

• Entire Agreement:

These Terms of Service and any policies or operating rules posted by Us on this site or in respect to The Service constitutes the entire agreement and understanding between You and Us and govern Your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

• Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and  CHERRYPICK are unable to resolve any dispute through informal discussion, then you and  CHERRYPICK agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and  CHERRYPICK. The costs of any mediation or arbitration will be paid by the unsuccessful party. Notwithstanding any other provision in these Terms and Conditions, you and  CHERRYPICK agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

• Governing Law And Jurisdiction:

India is our country of domicile and stipulates that the governing law is the local law. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in Telangana, India. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by, interpreted, and construed in accordance with the laws of Telangana, India.

• Changes To Terms Of Service:

You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of the Website following the changes will mean that you accept and agree to the revisions. As long as you comply with the Terms of Service, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website.

• Contact Information:

Please contact us at shop@cherrypick.city for any questions or comments on the Terms of Service and regarding this Website (including all inquiries related to copyright infringement).