TERMS OF SERVICE AGREEMENT LAST REVISION: [18-June-2016] PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS PLATFORM OR ORDERING PRODUCTS AND SERVICES FROM THIS PLATFORM YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, www.cherishx.com, its associated mobile applications and social media profiles (the “Platform”), Infureka Technologies Pvt. Ltd. (“CherishX.com”) offers of products and services for purchase on this Platform, or your purchase of products and services available on this Platform.
This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. CherishX.com reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Platform.
CherishX.com will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Platform. Your use of the Platform following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions.
CherishX.com encourages you to review this Agreement whenever you visit the Platform to make sure that you understand the terms and conditions governing use of the Platform. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with CherishX.com for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Platform.
I. Membership Eligibility
Use of CherishX.com Platform is only for those individuals or legal entities who can form legally binding contracts under the applicable law. Therefore, if you are a minor, that is below 18 years of age, you are not eligible to use or transact on this Platform.
II. Products and Services Terms of Offer.
CherishX.com is an online marketplace for providing Experiences. “Experiences” are certain products and services packaged together, and marketed, sold via the Platform. In order to provide a comprehensive choice of Experiences, it has tied up with many vendors and service providers. By placing an order for Experiences through CherishX.com, you agree to the terms set forth in this Agreement.
You consent to receive communication through the Platform and its employees and shareholders by email, sms, electronic alert and call to provide you with, but not limited to, updates, reminders and feedback requests.
IV. Customer Solicitation:
Unless you notify CherishX.com sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails, notifications, messages and call solicitations from Cherish and its designated in house or third party call and message team(s). Opt Out Procedure: We provide 2 easy ways to opt out of from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email to CherishX.com on the contact email mentioned on our website.
V. Proprietary Rights.
CherishX.com has proprietary rights and trade secrets in the Experiences, products and goods it sells. You may not copy, reproduce, resell or redistribute any Experiences, items, goods manufactured and/or distributed by CherishX.com. CherishX.com also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
VI. Sales Tax; Service Tax.
If you purchase any Experiences, you will be responsible for paying any applicable sales tax and service tax.
VII. Platform Content; Intellectual Property; Third Party Links.
In addition to making Experiences available, this Platform also offers information and marketing materials. This Platform also offers information, both directly and through indirect links to third-party websites. Cherish does not always create the information offered on this Platform; instead the information is often gathered from other sources. To the extent that Cherish does create the content on this Platform, such content is protected by intellectual property laws of the Indian, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Platform is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Cherish does not endorse the contents on any such third-party websites. Cherish is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
VIII. Use of Platform
CherishX.com is not responsible for any damages resulting from use of this Platform by anyone. You will not use the Platform for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Platform (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Platform by other users, (3) not resell material on the Platform, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Platform License. By using this Platform, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Platform in connection with your normal, non commercial, use of the Platform. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from CherishX.com or the applicable third party (if third party content is at issue). Posting. By posting, storing, or transmitting any content on the Platform, you hereby grant CherishX.com a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. CherishX.com does not have the ability to control the nature of the user-generated content offered through the Platform. You are solely responsible for your interactions with other users of the Platform and any content you post. CherishX.com is not liable for any damage or harm resulting from any posts by or interactions between users. Cherish reserves the right, but has no obligation, to monitor interactions between and among users of the Platform and to remove any content Cherish deems objectionable, at its sole discretion.
IX. User Accounts; Promotions.
Cherish reserves the right to collect user data including name, contact information, location based information provided by telecommunication companies or personal devices and other details to facilitate Experiences or use of the Platform. All information collected from the user are on a bonafide basis. Misuse and misrepresentation of identity or contact details will lead to automated termination of your services or the use of the platform without prior notice. Your accounts bearing contact number and email IDs are created and owned by Cherish. Any promotional discounts, offers and reward points accumulated can be revoked without prior notice in the event of suspicious account activity or your malafide intent. In the case the Platform is unable to establish your unique identity against a valid mobile number or e-mail ID, your account shall be indefinitely suspended and Cherish does not have the liability to share any account information whatsoever. Experiences. The Company shall be entitled at any time without giving any reason to terminate the booking of your Experience(s). Further, Cherish encourages all its customers to take full responsibility of his/her items. In case of lost items during an Experience, Cherish will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same.