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Privacy Policy

This Privacy Policy has been created to demonstrate our unflinching commitment to your privacy. This write-up covers the policies and practices for gathering and using your information on the website Wishberry^TM.

Information Automatically Collected:
At a minimum, your IP address, browser and OS specifications are automatically collected by the system to enable Wishberry^TM to provide the best service to you. No personal or confidential information is collected automatically, i.e., without your consent.

Cookies:
Cookies are used on Wishberry^TM to maintain your session and its offshoots, including the shopping cart, thus ensuring that you have a better user experience. No other personal or confidential information is collected without your consent.

Mailing Lists:
You can subscribe to the WishberryNewsletter at any time from any page on Wishberry^TM. We send periodic emails that contain website feature updates, new product and brand information, special offers and promotions, and other content relevant to the gifts provided on Wishberry^TM that in our opinion may be useful for you. We may send emails to all our users about updates to Wishberry^TM even if they did not subscribe to the Wishberry^TM Newsletter. At any point in time you may request to unsubscribe to these emails by emailing info@wishberry.in.

Your email address and other personally identifiable information are not shared with any third party, including Wishberry's Delivery Partners. Because of your relationship with us, you will receive mailings only from Wishberry^TM and no third parties. We reserve the right to share aggregateinformation after disclosing identities on usage patterns and trends with third parties, particularly our partner retailers. As an exception to this policy, certain gifts require us to disclose your personal information to our Delivery Partners. If you wish to receive communications from Wishberry's Delivery Partners, you must opt in with them directly.

User Information:
We take your privacy seriously and hate spam as much as you do. Your name, address, phone number and email addresses collected when registering for a Wishberry^TM Account are never revealed to a third party organizations.You will never receive spam on account of us, ever!

External Links:
Wishberry^TM contains links to content on other sites. We are not responsible for the privacy policies or content of any websites whose links appear on Wishberry^TM or those which link to Wishberry^TM.

Contacting Wishberry^TM:
If you have any questions or concerns about this Privacy Policy, the practices of Wishberry^TM, or your dealings with Wishberry^TM, please contact info@wishberry.in and we'll try to address your questions or concerns as best as we can.

Terms of Use

By accessing Wishberry^TM, an online Wishlist and gift registry service (hereafter referred to as "Service") provided by RandomMotion Adv. Pvt. Ltd. (hereafter referred to as "Provider") at http://www.wishberry.in or a related URL (hereafter referred to as "Site"), you agree to ALL the following Terms of Use:

1. You must be 13 years or older to use the Service.
2. If you create a login and apply for an account (a "Wishberry Account"), you must provide accurate and complete registration information, and you are responsible for any activity that occurs under your identity. Provider is not responsible for unsatisfactory delivery or unavailability of Service caused by inaccurate registration information.
3. You are responsible for keeping your password secure
4. You must not use the Service to abuse, harass, threaten, impersonate, intimidate or otherwise violate the legal rights of others.
5. You must not use the Service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
6. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, digital media, or links ("Content") that you submit, post, display and/ or distribute on or through the Service.
7. You must not modify, reverse engineer or hack the Service (including any of its sub-pages or software provided on or through the Service), or modify another website so as to falsely imply that it is associated with Wishberry.
8. You must not create or submit unwanted email ("Spam") to any of Wishberry's members. You must also not transmit any worms or viruses or any code of a destructive nature to any of Wishberry's members.
9. You must not, in the use of the Services, violate any laws in your jurisdiction (including, but not limited to, proprietary rights and copyright laws).
10. You understand that the Service consists of Items offered by Provider and its partner retailers in conjunction with a network of Delivery Partners. Provider and its partner retailers will make every effort within reason to remedy unsatisfactory service but is not responsible for said unsatisfactory service or any accident, injuries or other legal claim by members, their agents or heirs arising from intentional or unintentional negligence by Delivery Partners when delivering Item to its beneficiary.
11. You understand that Provider may collect payment from you for Items even if said Items are delivered to a beneficiary other than yourself.
12. You understand that, if you make a partial contribution to a product listed on a wishlist, it is possible, however unlikely, that the said product does not get fully contributed to during the life of the said wishlist. In such a case, the provider will contact the wishlist owner in order to take corrective action within 2 weeks of said contribution. Such actions include, but not limited to, asking the owner to: make remaining contribution, redeem gift voucher of said contribution amount, transfer contribution to other partially contributed product, etc.

Violation of any of these Terms of Use will result in the temporary or permanent termination of your Wishberry Account. While Wishberry ^TM prohibits such conduct and content on its Site, you understand and agree that Wishberry^TM cannot be responsible for the Content posted on its Site by members, and you nonetheless may be exposed to such materials and that you use the Services at your own risk.

General Conditions

1. We reserve the right to modify or terminate the Service for any reason, without notice, at any time.
2. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a significant change to the Terms of Use, we will notify you via electronic mail. What constitutes a "significant change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
3. We reserve the right to refuse service to anyone for any reason at any time.
4. We may, but are not obligated to, remove Content and accounts containing Content that we determine in our sole discretion are advertisements, unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party'sintellectual property or these Terms of Use. In addition, you agree that any Content you provide shall not contain any advertisements or links to any of your affiliate websites (directly or indirectly - such link, an "Affiliated Link"), and you agree that whether any such link constitutes an Affiliated Link shall be determined by Wishberry^TM, in its sole discretion.
5. We encourage you to use discretion while browsing the Internet using links initiated at the Site. Links presented on the Site may unintentionally lead to other sites containing information that some people may find inappropriate or offensive; sites which contain inaccurate information, false or misleading advertising; or sites containing information which violates copyright, libel or defamation laws. In all cases, Provider is not responsible for the content of third-party sites.
6. You agree and acknowledge that you have no expectation of privacy with respect to the public Internet in general.
7. These Terms of Use are effective as of the time you first access the Site and shall continue in full force and effect until terminated as follows:
a. You may terminate your Wishberry^TM Account for any reason or no reason at any time. In the event you have registered for a Wishberry^TM Account to use the Service, once you terminate your membership, you shall have no further rights or privileges to use the Services; or
b. Wishberry^TM may ban or terminate your Wishberry^TM Account and access to or use of the Service for any reason or no reason, with or without notice, at any time.

Proprietary Rights

1. Wishberry's Trademarks. Unless there is a written agreement between you and Wishberry^TM, you understand and agree that nothing in these Terms of Use gives you the right to use Wishberry's trademarks, trade names, service marks, logos, domain names, and any other distinctive brand features.
2. You own your Content. We claim no intellectual property rights over the Content you provide to the Services through your Wishberry^TMAccount. Your profile and materials uploaded remain yours.
3. You give Wishberry^TM permission to use your Content. By submitting any Content to the Site, you agree to grant Wishberry^TM and its users permission to access and use your Content. As such, you hereby grant to Wishberry^TM a non-exclusive, worldwide, assignable, sub-licensable, royalty-free license to publish, use, reproduce, distribute, transmit, adapt, modify, create derivative of, provide user access to, publicly perform and publicly display, in every manner and medium now or hereafter known, any and all Content (in whole or in part) solely for the purpose for which such Content was submitted. This license shall be in effect for so long as such Content remains on the Site, and will terminate at the time you or Wishberry^TM removes such Content from the Site. Wishberry^TM shall have no obligation to use or take any action with respect to any Content.
4. You can notify Wishberry^TM of possible copyright infringement. Wishberry^TM undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
a. A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed
b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site reasonably sufficient to permit Wishberry^TM to locate the material;
d. Your contact information, including your address, telephone number, and email;
e. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized bythe copyright owner, its agent, or the law, and;
f. An affidavit by you that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
g. Intellectual property violation notifications can be sent to admin@wishberry.in or RandomMotion Advertising Pvt. Ltd., 207 Cama Industrial Estate, Sum Mill Compound, Lower Parel, Mumbai 400013.
h. Your Feedback. By submitting ideas, comments, suggestions, documents, and/or proposals ("User Feedback") to Wishberry through the Site, you agree to grant Wishberry permission to use or disclose (or choose not to use or disclose) without any restriction or limitation, any such User Feedback for any purpose, in any way, in any media worldwide. In order to allow Wishberry^TM to use your User Feedback, you acknowledge and agree that: (a) Wishberry^TM is not under any obligation of confidentiality, express or implied, with respect to such User Feedback; (b) Wishberry^TM may have under consideration or in development something similar to such User Feedback already; and (c) you are not entitled to any compensation or reimbursement of any kind from Wishberry^TM under any circumstances for such User Feedback.

Wishlists

1. Transaction Fees: Wishberry^TM reserves the right to charge you reasonable service fees to cover its costs on any transaction involving you, the Provider, its Partner Retailers, Delivery Partners or beneficiaries of Wishlists.
2. Refunds: If Items are undeliverable due to circumstances outside reasonable control of Provider (including, but not limited to, inadvertent or willful action of a beneficiary or Delivery Partner, Internet or telecommunications failures, strikes, labor disputes, riots, civil disturbances, labor or materials shortages, war, governmental actions, natural disasters or acts of God), refunds (subject to any service fees charged by Wishberry^TM) will be made to the beneficiary(ies) of the Wishlist, which may or may not be the payer.
3. Open Wishlists: Wishberry^TM will send you periodic reminders over electronic mail to close any open Wishlists and reserve all fully paid items as gifts or all partially paid items and cash payments as a cheque or bank transfer. Wishberry^TM reserves the right to close any open Wishlists after 180 days have passed after the occasion date of that Wishlist. If a Wishlist is closed in the above manner, the cash value of all open items on the Wishlists (including fully and partially paid gift items and cash) will accrue to Provider.
4. Inactive Accounts: If you have not logged into your account in 12 months, your account will be considered inactive and any account balances will become the property of Provider.
5. Returns: All returns will have to be coordinated with the Service / Partner Retailer. Wishberry^TM will not be able to conclusively help in such cases but will make all reasonable efforts to coordinate closure to any disagreement between retailer and users.

Limitations and Exclusions

* SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ONLY THE LIMITATIONS AND EXCLUSIONS BELOW WHICH ARE LAWFUL IN OUR JURISDICTION WILL APPLY TO YOU, AND WISHBERRY'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT OF THE LAW.
1. DISCLAIMER OF WARRANTIES.
a. WISHBERRY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, IN RELATION TO THE SITE OR THE SERVICE.
b. WISHBERRY DISCLAIMS (a) ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR AVAILABILITY OR OPERABILITY OF INFORMATION OR MATERIALS DISPLAYED ON THE SITE OR ANY OF ITS SUBPAGES; (b) ANY AND ALL RESPONSIBILITY FOR THE CONDUCT OF ANY USER OF THE SITE OR ANY VISITOR OF THE SITE; (c) ANY AND ALL RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL; AND (d) ANY AND ALL RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL ON THE INTERNET THROUGH THE SITE OR ANY OF ITS SUBPAGES.
c. YOUR USE OF THE SERVICE AND RESULTANT ITEMS IS AT YOUR SOLE RISK. THE SERVICES AND ITEMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WISHBERRY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR WILL IN ANYWAY MEET YOUR REQUIREMENTS OR EXPECTATIONS.
2. LIMITATION OF LIABILITY.
a. UNDER NO CIRCUMSTANCES WILL WISHBERRY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ANY LOSS OF DATA, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE, THE SERVICE, THE USE OF THE SITE OR THE SERVICES, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, (i) YOUR USE OR INABILITY TO USE THE SITE AND/OR THE SERVICES; (ii) ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SITE AND/OR THE SERVICES; (iii) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; (iv) ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED; (v) ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE AND/OR THE SERVICES; (vi) ANY DELAY, FAILURE, INJURY, ACCIDENT OR OTHER HARM CAUSED DUE TO INTENTIONAL OR UNINTENTIONAL NEGLIGENCE BY OUR PAYMENT PROCESSING PARTNERS OR DELIVERY PARTNERS; OR (vii) ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE AND/OR THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT WISHBERRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMIATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON WISHBERRY, THE SITE AND/OR THE SERVICES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
b. IF YOU ARE DISSATISFIED WITH THE SITE AND/OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND/OR THE SERVICES.

Indemnification

YOU AGREE TO HOLD HARMLESS AND INDEMNIFY WISHBERRY, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY ACTION, CAUSE CLAIM, SUIT, JUDGMENT, DAMAGE (ACTUAL AND CONSEQUENTIAL), DEBT, DEMAND, EXPENSE OR LIABILITY (INCLUDING REASONABLE COSTS AND ATTORNEY'S FEES) OF EVERY KIND AND NATURE, ASSERTED BY ANY PERSON, ARISING FROM OR IN ANY WAY RELATED TO (i) THE CONTENT YOU SUBMIT, TRANSMIT, POST OR OTHERWISE MAKE AVAILABLE THROUGH THE SERVICES; (ii) ANY VIOLATION BY YOU OF THESE TERMS OF USE; (iii) ANY TRANSACTION OR INTERACTION YOU HAVE WITHWISHBERRY's DELIVERY PARTNERS OR (iv) ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER.

Miscellaneous

1. The terms of the sections labeled "General Conditions," "Proprietary Rights," "Limitations and Exclusions," "Indemnification," and "Miscellaneous" shall survive any termination or expiration of these Terms of Use.
2. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Maharashtra. You and Wishberryagree to submit to the exclusive jurisdiction of the courts located within the Mumbai City District of the State of Maharashtra in the Republic of India to resolve any legal matter arising from the Terms. Notwithstanding the foregoing, you agree that Wishberry^TM shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
3. No waiver of any term, provision or condition of these Terms of Use in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. You agree that if Wishberry^TM does not exercise or enforce any legal right or remedy which is contained in the Terms of Use (or which Wishberry^TM has the benefit of under any applicable law), this will not be taken to be a formal waiver of Wishberry's rights and that those rights or remedies will still be available to Wishberry^TM.
4. These Terms of Use constitute the complete and exclusive statement of the agreement between the parties with respect to the Site and the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Site and the Service.
5. If any action in law or in equity is necessary to enforce the terms of these Terms of Use, the prevailing party will be entitled to actual fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
6. The provisions of these Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.
7. No provisions of these Terms of Use are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to these Terms of Use; except that section labeled "Indemnification" is intended to benefit Wishberry and its shareholders, officers, directors, employees, and agents.
8. Wishberry^TM may assign its rights and duties under these Terms of Use using a power of attorney to any party at any time without notice to you. You may not transfer or assign any of your rights and duties under these Terms of Use without the prior written consent of Wishberry.
9. You agree that Wishberry^TM may provide you with any notices by electronic mail, regular mail, or postings through the Site. If you have questions or concerns about these Terms of Use, please contact us at admin@wishberry.in. We make every reasonable effort to accommodate our users' requests, but we cannot guarantee a response or satisfactory resolution to every request.