Terms & Conditions
Thank you for visiting the Website (”Site”) which is operated by Cherry Picked Pty Ltd (“Cherry Picked” ).
Access and use of this Site
Access to and use of this Site is provided strictly subject to these terms of use. By entering and using this Site you accept, without limitation or qualification, these terms of use and the Privacy Policy (collectively, the “Website Terms”). You must not use this Site if you do not agree to be bound by these Website Terms.
Except as otherwise expressly stated on this Site and to the full extent permitted by law, this Site and all information contained within it regarding or relating to Cherry Picked and its related entities, products and services is provided “as is” and on an “as available” basis without any representation or endorsement made and without warranty of any kind, whether expressed or implied.
Features and specifications of products and services described or depicted on this Site (including, without limitation, products manufactured or supplied through our business partners or suppliers which are displayed on this Site and their attributes) are approximate only and subject to change without notice. A reference to products or services on this Site does not imply or warrant that the products or services will be available at any time in your particular locality.
Liability
Your use of this Site is at your own risk. To the extent permitted by law, neither Cherry Picked nor any party involved in creating, producing or delivering this Site accepts any liability for the accuracy, timeliness or completeness of the information contained on this Site or any responsibility for any errors or omissions in the content on this Site whether or not Cherry Picked is aware of such errors or omissions nor do they accept any liability for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue of profit, or loss or corruption of data arising out of your access to, or use of, or inability to use or access this Site, whether arising in tort or contract.
Cherry Picked does not guarantee that the functions contained on this Site will be uninterrupted or error free and does not warrant that this Site or its server is free of computer viruses, bugs or other harmful components or that defects will be corrected even if Cherry Picked is aware of them.
Modification of Website Terms
Cherry Picked reserves the right to change, modify, add or remove sections of the Website Terms and to add to, change or discontinue the products, services, programs and information contained in, or any other aspect of, this Site at any time and without liability. We will notify you of such changes by posting an updated version of the Website Terms on our Site. Please check this Site regularly for changes as your continued use of this Site signifies your acceptance of any changed Website Terms.
Other rights
Unless otherwise noted, all materials on this Site are protected as copyright, trade names, trade marks or are other intellectual property owned by Cherry Picked and/or its related entities or by other parties that have licensed their material to Cherry Picked. Other than viewing and downloading content from this Site for purposes permitted on this Site, you do not have the rights to use these intellectual property rights without the written permission of their owner. You agree that you will not use this Site for any unlawful purpose. You will not violate or attempt to violate the security of this Site.
All rights not expressly granted are reserved.
Restrictions on use
Your use of the materials on this Site is only for informational purposes and purposes related to your use of Cherry Picked’s services. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this Site in any way. You agree to indemnify and hold harmless Cherry Picked for any and all unauthorised uses you may make of any materials on this Site. You acknowledge the unauthorised use of the contents could cause irreparable harm to Cherry Picked and that in the event of unauthorised use, Cherry Picked shall be entitled to an injunction in addition to any other remedies available at law or in equity.
Links to external sites
Some links on this Site will allow you to connect with sites that are not under our control. Cherry Picked is providing these links only as a convenience. The appearance of a link does not imply Cherry Picked’s endorsement, nor is Cherry Picked responsible for the contents of any linked site. You access them at your own risk. Subject to any non-excludable rights, Cherry Picked disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise for any materials or information contained on such sites.
You should carefully review the terms of use and privacy policies of all external websites that you visit. For an explanation of Cherry Picked’s own practices and policies related to the collection, use and storage of our online guests’ information please read our Privacy Policy.
Governing law
These Website Terms will be governed by the laws of New South Wales, Australia, and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any of the Website Terms are found to be unenforceable under New South Wales law, this will not affect the remainder of these Website Terms.
