^{Terms & Conditions}

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally
or on behalf of an entity ("you") and Total Food Control , doing business as Cherrypick
("Cherrypick," "we," "us," or "our"), concerning your access to and use of the
https://www.cherrypick.co website as well as any other media form, media channel, mobile website
or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You

agree that by accessing the site, you have read, understood, and agreed to be bound by all of
these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN
YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE
USE IMMEDIATELY.
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Supplemental terms and conditions or documents that may be posted on the Site from time to time
are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Terms of Use at any time and for any reason. We will
alert you about any changes by updating the "Last updated" date of these Terms of Use, and you
waive any right to receive specific notice of each such change. Please ensure that you check the
applicable Terms every time you use our Site so that you understand which Terms apply. You will be
subject to, and will be deemed to have been made aware of and to have accepted, the changes in
any revised Terms of Use by your continued use of the Site after the date such revised Terms of
Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity
in any jurisdiction or country where such distribution or use would be contrary to law or regulation or
which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not
permitted to use or register for the Site.

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2. INTELLECTUAL PROPERTY RIGHTS
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Unless otherwise indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics on the Site
(collectively, the "Content") and the trademarks, service marks, and logos contained therein (the
"Marks") are owned or controlled by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and unfair competition laws of the
United States, international copyright laws, and international conventions. The Content and the
Marks are provided on the Site "AS IS" for your information and personal use only. Except as
expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial
purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use
the Site and to download or print a copy of any portion of the Content to which you have properly
gained access solely for your personal, non-commercial use. We reserve all rights not expressly
granted to you in and to the Site, the Content and the Marks.
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3. USER REPRESENTATIONS
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By using the Site, you represent and warrant that: (1) all registration information you submit will be
true, accurate, current, and complete; (2) you will maintain the accuracy of such information and

promptly update such registration information as necessary ; (3) you have the legal capacity and
you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which
you reside ; (5) you will not access the Site through automated or non-human means, whether
through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized
purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or future use of the Site
(or any portion thereof).

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4. USER REGISTRATION
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You may be required to register with the Site. You agree to keep your password confidential and will
be responsible for all use of your account and password. We reserve the right to remove, reclaim, or
change a username you select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.

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5. PROHIBITED ACTIVITIES
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You may not access or use the Site for any purpose other than that for which we make the Site
available. The Site may not be used in connection with any commercial endeavors except those that
are specifically endorsed or approved by us.
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As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly,
a collection, compilation, database, or directory without written permission from us. Trick, defraud,
or mislead us and other users, especially in any attempt to learn sensitive account information such
as user passwords.
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Circumvent, disable, or otherwise interfere with security-related features of the Site, including
features that prevent or restrict the use or copying of any Content or enforce limitations on the use
of the Site and/or the Content contained therein.
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Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations. Engage in
unauthorized framing of or linking to the Site.
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Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of repetitive text), that
interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions, operation, or maintenance of the Site. Engage
in any automated use of the system, such as using scripts to send comments or messages, or using
any data mining, robots, or similar data gathering and extraction tools. Delete the copyright or other
proprietary rights notice from any Content.
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Attempt to impersonate another user or person or use the username of another user. Upload or
transmit (or attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation, clear graphics
interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes

referred to as "spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected
to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any
portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or
any portion of the Site.
Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or
other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any
of the software comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script
or other software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of
users by electronic or other means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for
any revenue-generating endeavor or commercial enterprise.
Sell or otherwise transfer your profile.

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6. USER GENERATED CONTRIBUTIONS
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The Site does not offer users to submit or post content. We may provide you with the opportunity to
create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Site, including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the Site and through third-party
websites. As such, any Contributions you transmit may be treated in accordance with the Site
Privacy Policy. When you create or make available any Contributions, you thereby represent and
warrant that:
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The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third
party.
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You are the creator and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Site, and other users of the Site to use your
Contributions in any manner contemplated by the Site and these Terms of Use. You have the
written consent, release, and/or permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such identifiable individual person to
enable inclusion and use of your Contributions in any manner contemplated by the Site and these
Terms of Use.
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Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous,

or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. Your
Contributions are not used to harass or threaten (in the legal sense of those terms) any other
person and to promote violence against a specific person or class of people. Your Contributions
do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party. Your
Contributions do not violate any applicable law concerning child pornography, or otherwise
intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these
Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in,
among other things, termination or suspension of your rights to use the Site.
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7. CONTRIBUTION LICENSE

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You and the Site agree that we may access, store, process, and use any information and personal
data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and
share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions provided
by you in any area on the Site. You are solely responsible for your Contributions to the Site and you
expressly agree to exonerate us from any and all responsibility and to refrain from any legal action
against us regarding your Contributions.
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8. MOBILE APPLICATION LICENSE

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Use License
If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non
transferable, limited right to install and use the mobile application on wireless electronic devices
owned or controlled by you, and to access and use the mobile application on such devices strictly in
accordance with the terms and conditions of this mobile application license contained in these
Terms of Use. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the application; (2) make any
modification, adaptation, improvement, enhancement, translation, or derivative work from the
application; (3) violate any applicable laws, rules, or regulations in connection with your access or
use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of
copyright or trademark) posted by us or the licensors of the application; (5) use the application for
any revenue generating endeavor, commercial enterprise, or other purpose for which it is not
designed or intended; (6) make the application available over a network or other environment
permitting access or use by multiple devices or users at the same time; (7) use the application for
creating a product, service, or software that is, directly or indirectly, competitive with or in any way a

substitute for the application; (8) use the application to send automated queries to any website or to
send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our
interfaces or our other intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or
Google Play (each an "App Distributor") to access the Site: (1) the license granted to you for our
mobile application is limited to a non-transferable license to use the application on a device that
utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the
usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible for
providing any maintenance and support services with respect to the mobile application as specified
in the terms and conditions of this mobile application license contained in these Terms of Use or as
otherwise required under applicable law, and you acknowledge that each App Distributor has no
obligation whatsoever to furnish any maintenance and support services with respect to the mobile
application; (3) in the event of any failure of the mobile application to conform to any applicable
warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with
its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to
the maximum extent permitted by applicable law, the App Distributor will have no other warranty
obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i)
you are not located in a country that is subject to a U.S. government embargo, or that has been
designated by the U.S. government as a "terrorist supporting" country and (ii) you are not listed on
any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable
third-party terms of agreement when using the mobile application, e.g., if you have a VoIP
application, then you must not be in violation of their wireless data service agreement when using
the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile application license contained in these Terms
of Use, and that each App Distributor will have the right (and will be deemed to have accepted the
right) to enforce the terms and conditions in this mobile application license contained in these Terms
of Use against you as a third-party beneficiary thereof.
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9. SUBMISSIONS

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You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Site ("Submissions") provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including all intellectual property rights, and
shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby
waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions
are original with you or that you have the right to submit such Submissions. You agree there shall be
no recourse against us for any alleged or actual infringement or misappropriation of any proprietary
right in your Submissions.
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10. THIRD-PARTY WEBSITE AND CONTENT
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The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party
Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video,

information, applications, software, and other content or items belonging to or originating from third
parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we
are not responsible for any Third-Party Websites accessed through the Site or any Third-Party
Content posted on, available through, or installed from the Site, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third
Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation
of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install
any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use
no longer govern. You should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Site or relating to any applications
you use or install from the Site. Any purchases you make through Third-Party Websites will be
through other websites and from other companies, and we take no responsibility whatsoever in
relation to such purchases which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered on Third-Party
Websites and you shall hold us harmless from any harm caused by your purchase of such products
or services. Additionally, you shall hold us harmless from any losses sustained by you or harm
caused to you relating to or resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.

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11. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the
Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall
take full responsibility for any advertisements you place on the Site and any services provided on
the Site or products sold through those advertisements. Further, as an advertiser, you warrant and
represent that you possess all rights and authority to place advertisements on the Site, including, but
not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide
the space to place such advertisements, and we have no other relationship with advertisers.

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12. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of
Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or
these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in
our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Site in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Site.

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13. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy:

www.cherrypick.co/privacy . By using the Site, you agree to be bound by our
Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the
United Kingdom . If you access the Site from any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom
, then through your continued use of the Site, you are transferring your data to the United Kingdom , and you
agree to have your data transferred to and processed in the United Kingdom.

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14. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR
SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF
THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR
OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.

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If we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.

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15. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or discontinue all or part of the Site
without notice at any time. We will not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Site, resulting in interruptions,
delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use
the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or to supply any corrections, updates, or
releases in connection therewith.

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16. GOVERNING LAW
These conditions are governed by and interpreted following the laws of the United Kingdom , and
the use of the United Nations Convention of Contracts for the International Sale of Goods is
expressly excluded. If your habitual residence is in the EU, and you are a consumer, you

additionally possess the protection provided to you by obligatory provisions of the law of your
country of residence. Total Food Control and yourself both agree to submit to the non-exclusive
jurisdiction of the courts of the UK which means that you may make a claim to defend your
consumer protection rights in regards to these Conditions of Use in the United Kingdom , or in the
EU country in which you reside.

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17. DISPUTE RESOLUTION

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Binding Arbitration
Any dispute arising from the relationships between the parties to this contract shall be determined
by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the
European Court of Arbitration being part of the European Centre of Arbitration having its seat in
Strasbourg, and which are in force at the time the application for arbitration is filed, and of which
adoption of this clause constitutes acceptance. The seat of arbitration shall be United Kingdom .
The language of the proceedings shall be English. Applicable rules of substantive law shall be
the law of the United Kingdom.
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Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other
proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis
or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning
binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any
of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of
theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall
be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
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18. CORRECTIONS
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There may be information on the Site that contains typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the information on the Site
at any time, without prior notice.

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19. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST

EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT
OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY
A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.

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20. LIMITATIONS OF LIABILITY

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IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US . CERTAIN US STATE
LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

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21. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all
of our respective officers, agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third
party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of

your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of
a third party, including but not limited to intellectual property rights; or (5) any overt harmful act
toward any other user of the Site with whom you connected via the Site. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of
any matter for which you are required to indemnify us, and you agree to cooperate, at your expense,
with our defense of such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming aware of it.

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22. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we perform regular
routine backups of data, you are solely responsible for all data that you transmit or that relates to
any activity you have undertaken using the Site. You agree that we shall have no liability to you for
any loss or corruption of any such data, and you hereby waive any right of action against us arising
from any such loss or corruption of such data.

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23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES

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Visiting the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communication be in writing. YOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You
hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other
laws in any jurisdiction which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than electronic means.

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24. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the
Site constitute the entire agreement and understanding between you and us. Our failure to exercise
or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or
provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any
or all of our rights and obligations to others at any time. We shall not be responsible or liable for any
loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any
provision or part of a provision of these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from these Terms of Use
and does not affect the validity and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created between you and us as a result of
these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed
against us by virtue of having drafted them. You hereby waive any and all defenses you may have
based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to

execute these Terms of Use.
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Your Cherrypick Account Before you can place orders for Items using our Website or Application,
you need to open a Cherrypick account. When you open an account you will need to create a
password and may also have to provide credit card or debit card details. You must keep any
password you create, or other secure login method, secret, and prevent others from accessing your
email account or mobile phone. If another person uses these methods to access your account, you
will be responsible to pay for any Items they order, and we are not responsible for any other losses
you suffer, unless the person using your password obtained it because we did not keep it secure.
We may also close your account if in our opinion you are abusing our Service (for example making
repeated unreasonable complaints, mistreating our team, or any other good reason). Cherrypick
uses Artificial Intelligence (AI) to help you import and access a wider range of recipes. This
processing does not actively process your Personal Data and, in any case, is not used to solely
make decisions which may have a significant or legal effect upon your rights and freedoms.
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25. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of
the Site, please contact us at:
Total Food Control
20-22 Wenlock Rd, London N1 7GU, UK
England N1 7GU
United Kingdom