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TERMS AND CONDITIONS

User Agreement

This agreement is a contract between you and Cherry Credits and applies to your use of Cherry Credits’ Services. You must read, agree with and accept all of the terms and conditions contained in this Agreement. We may amend this agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. We last modified this agreement on 11th October 2016.

1. Cherry Credits and You
1.1 Cherry Credits as a Payment Service Provider.

Cherry Credits helps you make payments to and accept payments from third parties. Cherry Credits is an independent contractor for all purposes, except that we act as your agent only with respect to the custody of your CC. Cherry Credits does not have control of or liability for the products or services that are paid for with our service. We do not guarantee the identity of any user or ensure that a buyer or a seller will complete a transaction.

1.2 Intellectual Property.

"CherryCredits.com", "Cherry Credits", and all related logos, products and services described in our website are either trademarks or registered trademarks of Cherry Credits. You may not copy, imitate or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Cherry Credits. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to us or our services or display them in any manner that implies Cherry Credits’ sponsorship or endorsement.

1.3 Assignment.

You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent. We reserve the rights to transfer or assign this Agreement or any right or obligation under this Agreement at any time.

1.4 Notices to you.

You agree that Cherry Credits may provide notice to you by posting it on our website or to your email address registered in your account. Cherry Credits reserves the right to close your account if you withdraw your consent to receive electronic communications.

1.5 Your privacy.

Protecting your privacy is of utmost importance to us. Please review our Privacy Policy to better understand our commitment to maintaining your privacy, as well as our use of your information.

1.6 Privacy of Others.

All information received by using our service should be kept strictly confidential and only be used in connection with our services. You shall not disclose or distribute any of our users’ information to any third party or use such information for marketing purposes unless you receive our consent in writing to do so.

2. Eligibility and Verification

2.1 Registration of Cherry account.

Each User is only entitled to 1 Cherry account. You must use your personal identification information, NRIC, Student ID, Driving Licence or any other form of information which is deem verifiable using photo documentations and recognized legally by the country of issue.

2.2 Identity verification.

You authorize us to make any inquiries we consider necessary to validate your identity and ownership of your account. This may include requesting for additional information and proof, requiring you to submit documentations to confirm ownership of your account.

3. Using CC
3.1 Top-Up CC.

You are to top-up CC into your own account only. We may at any point of time request you to verify your account ownership during top-up as part of our security measures. Accounts which cannot be verified will not be allowed to proceed and we shall not be held responsible or provide any refund for any codes that has already been purchased by you.

3.2 Charging limits.

We may at our discretion, impose limits on the amount of CC you can charge into your account.

3.3 Transacting using CC.

Transactions with any of our merchants shall be conducted solely between you and the transacting merchant. Payment in the form of CC will be deducted from your account when the transaction is successful. Please refer to 3.4 should your transaction be declined.

3.4 During a transaction.

During a payment transaction, the required amount of CC shall automatically be deducted from your account. In the event of insufficient balance, the transaction will be denied.

3.5 Refused transaction.

Our merchants reserve their rights to reject and decline your transaction at any time. You agree that you shall not hold us liable for any form of damages resulting from a merchant's decision not to accept your transaction.

3.6 Merchant processing delay.

During payment to a merchant, you are providing an authorization to the merchant to process your payment and complete the transaction. At times, such payment may be held as pending until the merchant has completely processed your payment. In the occurrence of such incident, your authorization will remain valid for 30 Days.

4. Cherry Account Balance
4.1 Balance.

You do not need to maintain a positive balance in your account at any time. However, should there be a balance in your account, such balance shall expire 365 days after your LAST CC top-up.

4.2 Refund policy.

All CC topups, be it unused, consumed or expired, are strictly not refundable nor returnable.

5. Closing Cherry Account
5.1 Closing your Cherry account.

You are not allowed to close your account. We will exercise strict discretion in maintaining and making available information of your account for investigation if required. You may however make limited changes to specific particulars that are deemed non-conflicting with our Privacy Policy and User Agreement subjected to our approval and sole discretion. Should your account be terminated on the basis of special circumstances, you shall continue to remain liable for all obligations related to this account indefinitely.

5.2 Dormant Cherry account.

We will not remove any inactive account for indefinite period. All balance shall however expire 365 days after the last top-up date.

5.3 Termination of Cherry account.

Should any account be terminated in relation to clause 5.1, 6 & 7, there shall strictly be no refund given or provided to the account owner.

6. Restricted Activities In connection with your use of our website, your account, our service, or in the course of your interactions with us, our users or a third party, you shall not

(a) Breach this Agreement, the Users Agreement and any other Agreements that you have entered into with us.

(b) Violate any law, statute, ordinance, or regulation. (For example: those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising)

(c) Infringe Cherry Credits or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.

(d) Act in a manner that is defamatory, trade libellous, unlawfully threatening or unlawfully harassing.

(e) Provide false, inaccurate or misleading Information.

(f) Send or receive what we reasonably believe to be potentially fraudulent funds.

(g) Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us.

(h) Attempt to "double dip" during the course of a dispute by receiving or attempting to receive funds from both Cherry Credits and Merchants for the same transaction.

(i) Use an anonymizing proxy.

(j) Access or take control any account that is linked to another account that has engaged in any of these Restricted Activities.

(k) Conduct your business or use our service in a manner that results in or may result in complaints.

(l) Use your account or our services in a manner that we reasonably believe to be any form of abuse of our system.

(m) Access our services from a country that is not included on our permitted countries list.

(n) Disclose or distribute another user's Information to a third party, or use the Information for marketing purposes unless you receive the user's express consent to do so.

(o) Send unsolicited email to any user or use our service to collect payment for sending, or assisting in sending, unsolicited email to third parties.

(p) Take any action that trigger an unreasonable or disproportionately large load on our infrastructure and system

(q) Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate our system, data or information.

(r) Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission.

(s) Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or our service.

(t) Take any action that may cause us to lose connection from our internet service providers, payment processors, or other suppliers.

7. Liability Disclaimers
7.1 The material contained on all our website, (including text, images, graphics, links, sound files, animation files, video files or other items and their arrangement) are provided "as is", "as available". We do not warrant the accuracy, adequacy or completeness of such materials.

7.2 No warranty of any kind, implied, expressed or statutory, including but not limited to the warranties of non-infringement of the third party's rights, title, satisfactory quality, merchantability, fitness for any particular purpose and freedom from any computer virus or other malicious, destructive or corrupting code, programmed or macro, is given in conjunction with the information and materials contained in or linked to Cherry Credits.

7.3 Cherry Credits may include publications with technical inaccuracies or typographical errors that will be corrected as they are discovered at our sole discretion. In addition, changes are periodically added to the material contained herein. These corrections and changes may be incorporated into our website at a later date. We may at any time make modifications, improvements and / or changes to these Terms and Conditions and the material (names, images, pictures, logo and icons) displayed on our website or products and services referred to within, with or without prior notice. Information received through our website should not be relied upon for your personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation if necessary.

7.4 Cherry Credits shall in no circumstances be liable for any damages, loss orxpense including without limitation, special damage, or consequential damage, or economic loss arising from or in connection with:

(a) any access, use or the delay or inability to access or use of our services, or reliance on the materials and/or any other information contained related to our services,

(b) any system, server or connection failure, error, omission, interruption, delay in transmission or computer failure.

(c) any use or access to any other website linked to / from our website.

(d) any services, products, information, date, software or other material obtained from our website or from any other website linked to / from us.
8. Your Liability - Actions We May Take
8.1 Should you engage in any restricted activities, we may take various actions to protect our users, merchants or any third parties. Such actions may include but are not limited to the following:

(a) We may suspend or limit your access to your account or any of our service. (such as limiting access to your balance, your ability to top-up, make purchase or edit / remove your personal details)

(b) We may update any false / inaccurate details to your account.

(c) We may refuse to provide our services to you.

(d) We may take legal action against you.

8.2 We shall in its sole discretion, reserve the rights to terminate this Agreement and your account.

8.3 If we suspend your access to your account or terminate your use of our services for any reason, you will be provided with notice of our actions. If we limit access to your account, we will inform you of our actions and the opportunity to request for access restoration if applicable.
9. Errors and Unauthorized Transactions
9.1 Identifying errors and/or unauthorized transactions.

You can retrieve your transaction history after logging in your account. It is very important that you immediately notify us should you have reason to believe any of the following activities have occurred:

(a) There has been an unauthorized transaction made using your account.

(b) There has been an unauthorized access to your account.

(c) Your login and security credentials for your account has been compromised.

9.2 Notifying of errors and/or unauthorized transactions.

Please notify us immediately via Cherry Messenger of any error or unauthorized transaction made to your account.

9.3 Review of reports of errors and/or unauthorized transactions.

We will advise you of our findings once the investigation results are out. If we have made an error, we will rectify it immediately. Please note that we may take up to 7 days to complete our investigation.

9.4 Liability for unauthorized transactions.

You are fully responsible for the security of your account. There shall strictly be no refund / reimbursement due to your improper handling of your account. (Hacking, unauthorized access, security / password compromise, personal details compromise etc)

9.5 Errors.

We aim to rectify all processing errors in the shortest time possible. In the occurrence of CC not deducted after a successful transaction, we reserve the rights to deduct the full amount from your account immediately without any prior notice. In the occurrence of CC deducted without you receiving the relevant purchase, we will check with the merchant and advice you promptly.

Cherry Credits shall not be held liable for any damages under the following situations:

(a) Through no fault of ours, you did not have enough available CC to complete the transaction.

(b) Our system was not working properly and you knew about the break down before the transaction was made.

(c) Circumstances beyond our control (such as fire or flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions.
10. Disputes with Cherry Credits
10.1 Contact us first.

During a dispute, we shall to our best efforts assist to solve your problem. All disputes must be reported to us through Cherry Messenger.

10.2 Contact the merchant.

If a dispute arises between you and the merchant regarding their goods and services, please contact the merchant directly for advice. Should the dispute implicate our services, we will to our best efforts assist in solving your dispute with the merchant.

10.3 No waiver.

Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches.

10.4 Limitations of liability.

IN NO EVENT SHALL WE, OUR PARENT, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCEOUR LIABILITY, AND THE LIABILITY OF OUR PARENT, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

10.5 No warranty.

CHERRY CREDITS, OUR PARENT, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CHERRY CREDITS, OUR PARENT, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We do not have any control over the products or services that are paid for with our services and ensure that the merchant you are transacting with will complete the transaction.

We do not guarantee continuous, uninterrupted or secure access to our services and operation of our site may be interfered with by numerous factors outside of our control.

Cherry Credits shall make reasonable efforts to ensure that requests and transaction involving the use of our services are processed in a timely manner. However, we makes no representations or warranties regarding the amount of time needed to complete processing because our service is dependent upon many factors outside of our control, such as technical difficulties experienced by Internet Service Providers as well as other online third parties involvement in internet functionality. Some countries do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from country to country.

10.6 Indemnification.

You agree to defend, indemnify and hold Cherry Credits, our parent, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement and / or your use of our service.

10.7 Complete agreement.

This Agreement sets forth the entire understanding between you and Cherry Credits with respect to our services. Sections 1, 7, 10 and 14, as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall continue to be enforced.

11. Definition

With reference to this agreement

Cherry Credits:
• The company, Cherry Credits Pte Ltd providing payment and game services.

CC:
• CC is a virtual credit used for transaction between you and our merchants for online purchases. CC is owned and operated solely and exclusively by Cherry Credits Pte Ltd.

Cherry account:
• All users who wish to use our services must register a Cherry account.

Merchants
• Interested parties, partners and merchants may contact us directly for business collaborations.