Terms & Conditions
This agreement (“this Agreement”) applies as between you, the user (the “User”) of “ARwiz” app (the “Application”) and Cherrypicks Limited (“cherrypicks”, “we”, “our” or “us”), the operator of this Application (the “Operator”). Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your installing, copying or otherwise using the Application and/or by clicking the “Download” or “Install” button of the Application and or by clicking the “Download” or “Install” button of the Application for downloading the Application to your mobile device. If you do not agree to be bound by and comply with these terms and conditions, you should not download the Application and/or please terminate this Agreement immediately by uninstalling the Application from your device.
In these terms and conditions, the following terms shall have the following meanings:
- “cherrypicks” means Cherrypicks Limited, its successors and assignees;
- “Services” means any services designated as such by cherrypicks via the Application from time to time, which the User wishes to access via the Internet and/or the World Wide Web;
- “Content” includes without limitation any content, software, data, information, messages and all textual, audio, video, still image, graphical and other content or material that can be accessed by or through the Services; and,
- “Content Provider” means any entity or person, other than cherrypicks, who distributes, displays, posts or publishes the Content.
cherrypicks reserves the right at all times to:
- immediately suspend the User’s access to the Services without notice and without any liability, where cherrypicks is of the opinion that the User has breached any of the terms contained in this Agreement or that such action is appropriate, desirable or necessary in the reasonable opinion of cherrypicks;
- freely assign or transfer all or any of its rights/obligations herein without the prior consent of the User;
- limit support to Users of the Application;
- add to or remove Content from the Services; and,
- correct or amend the Content (including these terms and conditions) without prior notice.
The User agrees that:
- the User shall use the Application solely for the User’s internal business purposes;
- the User shall not reproduce, distribute, publish, copy, download, transmit or otherwise exploit any Content which is protected by copyright or other intellectual property or similar rights;
- the User shall not hack, break into, access, use or attempt to hack, break into, access or use any other parts of Shoppo Keeper’s servers, its Content and/or any data areas for which the User has not been authorised by cherrypicks;
- the User shall not assign, transfer or sublicense all or any part of its rights or obligations under this Agreement; and,
- all the information provided by the User in shall be true, correct and accurate.
Warranties & Liability
cherrypicks makes no representation and warranty and disclaims any responsibility in relation to the Content and the operation or quality of the Services, that the Services will be uninterrupted or error free, the results to be obtained from use of the Services, any Content, goods or services which may be offered by Content Providers and, to the extent permitted by law. cherrypicks expressly disclaims any warranties whether express or implied as to the title, fitness for a particular purpose, merchantability or standard of quality of the Services or any Content, goods or services available by or through the Services, including but not limited to the goods or services sponsored by the Content Providers.
cherrypicks cannot guarantee the correctness, precision, thoroughness or completeness of the information available in the Application.
cherrypicks disclaims any liability for:
- any damage to or loss of data suffered by the User arising from the User’s use of the Services;
- any claim based in contract, tort, or otherwise for any loss of revenue (whether direct or indirect), loss of profits or any consequential loss whether of an economic nature or not which the User suffers as a result of the User’s use of the Services;
- any claim relating to goods or services supplied, provided, sold or made available by or through the Services including those offered, supplied, provided or sold by the Content Provider;
- any disruption or suspension of the Services or any part thereof which is attributable to an event or circumstance beyond cherrypicks’ control;
- any modification, termination, suspension or discontinuance of the Application (or any part thereof) or User’s access thereto;
- for any bugs;
- for any errors or omissions contained in the information available in the application; and,
- for any and all damage resulting from a third party’s fraudulent intrusion which causes modifications to the information contained in the application.
cherrypicks’ Property Rights
The Application as well as all software used in connection with the Application may contain information protected by existing intellectual property right legislation or any other law.
Individual documents and services in the Application may contain additional terms indicated in those documents and/or services. Unless otherwise indicated, the copyright, database rights and other such intellectual property rights relating to documents contained in the Application and to each of the elements created for the Application are the exclusive property of cherrypicks given that the Application did not grant any license nor any other right except that of consultation to Internet users. In particular, trademarks and other intellectual property rights mentioned in the Application are owned by cherrypicks. Any rights not expressly granted herein are reserved. The reproduction, transfer, distribution, storage for any other use of part or all of the contents in any form without prior written permission of cherrypicks is prohibited except where such right is expressly granted below or in any additional terms referred to above.
All documents published in the Application are authorized solely for personal, private and non-commercial use.
Any product and company names mentioned in this Application may be trademarks or trade names of their respective owners. Your access to the Application and its official affiliations should not be construed as granting, by implication, estoppels or otherwise, any license or right to use any marks appearing on the Application or its official affiliates without the prior written consent of Shoppo Keeper, cherrypicks or the third party owner thereof.
In terms of software, it is forbidden to copy, modify, create a derived work, reverse engineer its conception or assembly – or attempt, in any way, to find the source code (except when this is allowed by law), to sell, to grant, to sublicense, to modify or to transfer the software’s property rights. It is also forbidden to modify the software or to use a modified version of the software, particularly but not exclusively in order to obtain unauthorized access to the service – or to access the Application through another interface other than that provided by the Application.
The information on the Application and official affiliations has been prepared solely for the purpose of providing selected information about the Application, the services that it offers and the promotions carried out by it.
cherrypicks does not accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any use or misuse of or reliance on the delivery on the Application and its official affiliations.
To facilitate access by users to information provided by or via other parties, the Application and its official affiliates may provide or assist in providing links to external websites through its pages. Provision of or assistance in providing these links gives rise to no statement, representation or warranty, express or implied, that cherrypicks agrees or does not disagree with the contents of any such external sites and cherrypicks will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any use or misuse of or reliance on the contents of any such external websites delivered on or via the Application and its official affiliations.
By using the Application, you agree to accept unconditionally the terms of this Disclaimer and as they may be revised and/or amended from time to time by cherrypicks without prior notice.
If any provision of this Agreement becomes or is declared illegal, unenforceable or invalid for any reason, such provision shall be deemed to be deleted from this Agreement.
No failure or delay on the part of cherrypicks to exercise any right or remedy under this Agreement shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy as the case may be.
This Agreement shall be governed by the law of the Hong Kong SAR and the parties hereby submit to the non-exclusive jurisdiction of the Hong Kong courts.
If there is any inconsistency or conflict between the English and the Chinese versions of these terms and conditions, the English version shall prevail.
March 15, 2016