TERMS AND CONDITIONS
Last Updated: December 2025
1. Introduction and Acceptance of Terms
1.1 These Terms and Conditions (“Terms”) govern the access to, browsing of, and use of the website, mobile site, applications, chat interfaces, artificial intelligence tools, expert assistance modules, APIs, newsletters, content, and any other online or offline services made available from time to time (collectively, the “Platform”) by MyCherry Life Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at 10/75, Subhash Nagar, New Delhi – 110027 (hereinafter referred to as “MyCherry”, “Company”, “we”, “us” or “our”).
1.2 The Platform is hosted and operated using third-party infrastructure and e-commerce service providers, including Shopify Inc., and payment processing services are facilitated through third-party payment gateways including Razorpay.
1.3 By accessing, browsing, registering on, purchasing products from, submitting information to, or otherwise using the Platform in any manner whatsoever, you (“User”, “you”, “your”) acknowledge that you have read, understood, and agreed to be legally bound by these Terms, along with the Privacy Policy, Shipping Policy, Returns and Refund Policy, and any other policies referenced on the Platform, which together constitute a binding legal agreement. In the event of any inconsistency, these Terms shall prevail.
2. Eligibility and Age Restriction
2.1 The Platform is intended strictly for individuals who are 18 (eighteen) years of age or older and who are competent to contract under applicable laws of India.
2.2 By using the Platform, you represent and warrant that you meet the eligibility criteria and that your access to the Platform is lawful and voluntary.
2.3 MyCherry does not knowingly permit minors to access or use the Platform and shall not be liable for any misrepresentation of age by users.
3. Nature of Platform and Sexual Wellness Disclosure
3.1 MyCherry operates in the sexual wellness and intimate lifestyle category, and the Platform offers products, content, and information intended solely for personal, private, lawful, and consensual use.
3.2 All products sold on the Platform are wellness or lifestyle products and are not medical devices, drugs, medicines, or therapeutic products and do not claim to diagnose, treat, cure, prevent, or mitigate any disease or medical condition.
3.3 Any information, descriptions, or representations provided on the Platform are general in nature and shall not be construed as medical, psychological, therapeutic, or professional advice.
4. Information, Content, and Expert Assistance Disclaimer
4.1 The Platform may provide access to general information, educational content, expert-assistance features, automated responses, or AI-powered tools relating to products, sexual wellness, or lifestyle topics.
4.2 Such information may be generated manually, algorithmically, or automatically using publicly available data and is provided strictly for informational and educational purposes.
4.3 MyCherry does not warrant the accuracy, completeness, reliability, or usefulness of such information and expressly disclaims all liability arising from reliance on such content. Users are advised to seek independent professional advice where necessary.
5. User Accounts and Responsibility
5.1 Users may create an account or access the Platform as a guest. Certain features may be restricted to registered users.
5.2 Users are solely responsible for maintaining the confidentiality of account credentials and for all activities conducted through their account.
5.3 MyCherry reserves the right to suspend or terminate accounts without notice if it believes that the account is being misused, compromised, or used in violation of these Terms or applicable law.
6. Third-Party Infrastructure and Hosting Disclaimer
6.1 The Platform is built and operated using third-party service providers, including Shopify, and MyCherry does not own or control the underlying hosting infrastructure, servers, data routing, or technical frameworks.
6.2 MyCherry shall not be liable for any interruption, delay, data loss, or technical failure caused by third-party service providers beyond its reasonable control.
7. Payments and Razorpay Disclaimer
7.1 Payments on the Platform are processed through third-party payment gateways, including Razorpay.
7.2 MyCherry does not store, process, or retain any payment card details, UPI credentials, or sensitive financial information.
7.3 Any payment failures, unauthorised transactions, chargebacks, frauds, or gateway downtime shall be governed by the terms of the payment service provider and the user’s bank, and MyCherry expressly disclaims all liability arising therefrom.
8. Pricing, Taxes, Shipping, Returns, and Refunds
8.1 All prices displayed on the Platform are inclusive of applicable taxes unless stated otherwise.
8.2 Shipping, delivery timelines, cancellations, returns, replacements, and refunds are governed exclusively by the Shipping Policy and Returns and Refund Policy available on the Platform.
8.3 Due to the intimate and personal nature of sexual wellness products, MyCherry reserves the right to refuse returns or refunds where hygiene, safety, or policy conditions are not met.
9. Third-Party Data, Links, and Advertising
9.1 The Platform may include third-party data, services, advertisements, or links to external websites.
9.2 MyCherry does not endorse, control, or assume responsibility for the content, accuracy, or practices of third-party websites, and access to such sites is at the user’s own risk.
10. User Conduct and Restrictions
10.1 Users agree not to upload, transmit, or make available any content that is unlawful, obscene, misleading, abusive, defamatory, sexually explicit, harmful, or in violation of applicable laws or third-party rights.
10.2 MyCherry reserves the right to remove or disable access to any content that it reasonably believes violates these Terms or applicable laws, without incurring liability.
11. Intellectual Property Rights
11.1 All content, trademarks, logos, designs, software, AI models, text, images, and proprietary materials on the Platform are the exclusive intellectual property of MyCherry or its licensors.
11.2 No rights are granted except a limited, non-exclusive, personal right to access the Platform in accordance with these Terms.
12. Disclaimer of Warranties
12.1 The Platform and all products, content, and services are provided on an “as is” and “as available” basis without warranties of any kind, express or implied.
12.2 MyCherry does not guarantee uninterrupted, error-free, or virus-free operation of the Platform.
13. Limitation of Liability
13.1 To the maximum extent permitted by law, MyCherry shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
13.2 The total aggregate liability of MyCherry, if any, shall not exceed INR 1,000 (Rupees One Thousand only).
14. Indemnification
14.1 Users agree to indemnify and hold harmless MyCherry, its directors, officers, employees, affiliates, and service providers from any claims, losses, damages, or expenses arising from their use of the Platform or violation of these Terms.
15. Electronic Communications
15.1 By using the Platform, users consent to receive communications electronically, including emails, notifications, and promotional messages, which shall satisfy legal requirements for written communication.
16. Term, Suspension, and Termination
16.1 These Terms shall remain in effect until terminated by MyCherry or the user.
16.2 MyCherry reserves the right to suspend or terminate access to the Platform at any time to protect its legal, regulatory, or business interests.
17. Governing Law, Arbitration, and Jurisdiction
17.1 These Terms shall be governed by the laws of India.
17.2 Any dispute arising out of or in connection with these Terms or the Platform shall be finally resolved by arbitration by a mutually appointed sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996.
17.3 The seat and venue of arbitration shall be Delhi, and the language shall be English.
17.4 Subject to arbitration, courts at Delhi alone shall have exclusive jurisdiction.
18. Grievance Redressal
18.1 Any grievances or complaints may be addressed to support@mycherry.in.
18.2 MyCherry shall endeavour to acknowledge grievances within 24 hours and resolve them within 15 days.
19. General Provisions
19.1 Modification: MyCherry reserves the right to modify or update these Terms at any time without prior notice, and continued use of the Platform constitutes acceptance of the revised Terms.
19.2 Assignment: Users may not assign or transfer their rights under these Terms. MyCherry may assign its rights without restriction.
19.3 Waiver: Failure to enforce any provision shall not constitute a waiver.
19.4 Severability: If any provision is held unenforceable, the remaining provisions shall remain valid.
19.5 Force Majeure: MyCherry shall not be liable for failure or delay caused by events beyond its reasonable control, including acts of God, pandemics, government actions, or technical failures.
20. Survival
20.1 Clauses relating to intellectual property, disclaimers, limitation of liability, indemnity, arbitration, and general provisions shall survive termination.