Updated Terms of Service

TERMS OF SERVICE

PLEASE READ THE TERMS OF Service THOROUGHLY AND CAREFULLY.

This Terms of Service agreement was last updated on 28-April-2023.

 

GENERAL CONSIDERATIONS AND SCOPE

Welcome to www.berrylush.com ( "Site" or "Berrylush " ). The website www.berrylush.com is owned and operated by Berrylush Designs Private Limited (" Berrylush ") a company incorporated under the provisions of the Companies Act, 2013 with its registered office at B113, Sector 67, Noida, Uttar Pradesh 201 301 India. You may be accessing our Site from a computer or mobile phone device (through an iOS or Android application, for example) and these Terms of Service govern your use of our Site and your conduct, regardless of the means of access. These Terms of Service govern all the products offered on the Platform.

The Platform is only to be used for your personal non-commercial use and information. Your use of the services and features of the Platform shall be governed by these Terms and Conditions (hereinafter " Terms of Service ") along with the Privacy Policy, Shipping Policy and Cancellation, Refund and Return Policy (together " Policies ") as modified and amended from time to time.

By mere accessing or using the Platform, you are acknowledging, without limitation or qualification, to be bound by these Terms of Service and the Polices, whether you have read the same or not. ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING . If you do not agree to any of the terms enumerated in the Terms of Service or the Policies, please do not use the Platform. You are responsible to ensure that your access to this Platform and material available on or through it are legal in each jurisdiction, in or through which you access or view the platform or such material.

BERRYLUSH reserves the unilateral right to change the particulars contained in the Terms of Service or the Policies from time to time and at any time, without notice to its users and in its sole discretion. If BERRYLUSH decides to change the Terms of Service or Policies, BERRYLUSH will post the new version of the Terms of Service or the Policies on the Site and update the date specified above. Any change or modification to the Terms of Service and the Policies will be effective immediately from the date of such upload of the Terms of Service and Policies on the Site. Your continued use of the Platform following the modifications to the Terms of Service and Policies constitutes your acceptance of the modified Terms of Service and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Service, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

 

1. Privacy Practices

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Service, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by BERRYLUSH in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of BERRYLUSH.

 

2. User Representations

By using the Platform, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Platform through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Platform for any illegal or unauthorized purpose; and (5) your use of the Platform will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).

 

3. Product & Services Information

BERRYLUSH attempts to be as accurate as possible in the description of the product on the Platform. However, BERRYLUSH does not warrant that the product description, colour, information or other content of the Platform is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.

BERRYLUSH reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted ) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.

 

4. Recommendation of the Product & Services

Any recommendation made to you in the Site during the course of your use of the Site is purely for informational purposes and for your convenience and does not amount to endorsement of the product or services by BERRYLUSH or any of its associates in any manner.

 

5. Area of operation

Berrylush.com provides products and services that are available to customers located in India only.

 

6. Pricing Information

BERRYLUSH strives to provide accurate product and pricing information, however errors may occur.

BERRYLUSH cannot confirm the price of the product until you make the order. For orders on Berrylush the prices which are listed at the time of your order on the product page apply. These prices are inclusive of taxes and the final price (inclusive of taxes) are shown in the shopping cart page. Without limiting the generality of Clause 8 (Cancellations, Refunds and Returns) below, if a product / service is listed at an incorrect price or with incorrect information due to any technical error, BERRYLUSH shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. In the event that an item is wrongly priced, BERRYLUSH may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services are availed, your offer will not be deemed accepted and BERRYLUSH will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that BERRYLUSH accepts your order the same shall be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to BERRYLUSH’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card account.

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERRED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF BERRYLUSH. BERRYLUSH may revise and cease to make available any product/ services at anytime. In the event, BERRYLUSH is unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. BERRYLUSH shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.

 

7. Cancellations, Refunds and Returns

Please refer to our Cancellation, Refunds and Returns Policy provided on our Site.

 

8. Mode of Payment

Payments for the products available on the Site may be made in the following ways:

  • Payments can be made by Credit Cards, Debit Cards, paypal, Net Banking, Wallets and e-Gift cards.Berrylush reserves the right to exclude any payment methods for individual goods and to refer to the other payment methods.
  • Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
  • Berrylush accepts various credit cards, e.g. Visa, American Express, Mastercard. Berrylush will charge the invoice to your credit card immediately after receipt and dispatch of the order.
  • Cash On Delivery option is not available for orders outside India.

 

9. Shipping and Delivery

Please refer to our Shipping and Delivery Policy provided on our Site, as amended from time to time.

 

10. USER CONTENT

The information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us (" User Content "), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that

  • belongs to another person and to which the user does not have any right to;
  • is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propoganda or otherwise unlawful in any manner whatever;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

BERRYLUSH shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. BERRYLUSH does not endorse or control the User Content transmitted or posted on the Site by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by BERRYLUSH. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will BERRYLUSH be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against BERRYLUSH for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You hereby acknowledge that BERRYLUSH has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, BERRYLUSH has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

If you wish to delete your User Content on our Site or in connection with our mobile applications, please contact us by email at support@berrylush.com and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our Site and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 business days to process your deletion request.

 

11. NO DISCRIMINATION

Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. BERRYLUSH will not knowingly accept any Posting which is in violation of the law. BERRYLUSH has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.

 

12. Intellectual Property Rights

The "Berrylush" name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as "Marks" ) of BERRYLUSH. All other Marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of BERRYLUSH or others, are the intellectual property of their respective owners, and BERRYLUSH shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.

BERRYLUSH and its suppliers and licensors expressly and exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement and assembly ) of the content on the Site is the exclusive property of BERRYLUSH and are protected by the Indian copyright laws and International treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents " ) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. The Contents and software on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited. Unless BERRYLUSH explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by BERRYLUSH, any of its affiliates or by third parties who have licensed their materials to BERRYLUSH and are protected by Indian copyright laws and international treaties.

 

13. Limited License

BERRYLUSH grants you limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non commercial use of the Site. All rights not expressly granted to you in these Terms of Use, are reserved and retained by the Site and its affiliates.

BERRYLUSH reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access the Site.

 

14. Disclaimer of Warranty and Limitations of Liability

THE SITE IS PRESENTED "AS IS." NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF BERRYLUSH. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

This disclaimer constitutes an essential part of this Terms of Use.

 

15. Links and Third Party Sites

References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply BERRYLUSH endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between BERRYLUSH and those third parties.

BERRYLUSH is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. BERRYLUSH do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Site. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Site.

 

16. Termination

These Terms of Use are effective unless and until terminated by either you or BERRYLUSH.

You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. BERRYLUSH may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, such termination will be without any liability to the Site.

Upon any termination of the Terms of Use by either you or BERRYLUSH, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the Terms of Use.

 

17. Indemnity

You shall indemnify and hold harmless Berrylush, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Service, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

 

18. Dispute Resolution

If any dispute arises between You and Company during Your use of the Website or Your dealing with the Company in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Company. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Delhi. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings.

 

19. Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,

  • accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;"
  • sending unsolicited email, including promotions and/or advertising of products or services; or
  • forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability

BERRYLUSH is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from BERRYLUSH on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

 

20. Entire Agreement

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and BERRYLUSH with respect to the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

BERRYLUSH's failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.

 

CONTACT US

If you have any questions regarding these Terms and Conditions, You may contact our Grievance Officer on the address mentioned below:

The Grievance Officer
Name: Anan Jyoti Jayraj Paul
Designation: CoFounder
Address: B-113, Sector 67, District Gautam Budh Nagar, Noida 201301, Uttar Pradesh, India
Email Id: support@berrylush.com
Phone: 011-41133886
Time: Mon to Fri (9am to 6pm)