Berrybuzz

Terms Of Use

This Site (“the Site”) is subject to the following terms and conditions (the “Terms”). By proceeding to view this Site or any part of it, you acknowledge that you have read, understood and accepted these Terms, which shall constitute the entire binding agreement between you and Mindfiniti Limited (“Mindfiniti”), who control and operate the Site, in respect of your use of the Site. No other terms shall apply. These Terms may be varied by Mindfiniti from time to time and the revised Terms will be deemed to apply at the relevant time in respect of your registration and/or use of the Site.

If you breach any of these Terms, your permission to use the Site automatically terminates and you must immediately destroy any downloaded extracts from the Site.

Accuracy of Information on our Site

This Site comprises marketing material and other product information in respect of the multiple branded products for which Mindfiniti is an independent wholesaler, distributor or reseller or intends to wholesale, distribute or resell (“the Products “).  The Site is intended to assist prospective clients of Mindfiniti who may be interested in purchasing the Products.  These terms and conditions relate to such marketing material and other product information and how it can be used and downloaded by the user.  The Site does not constitute an offer to enter into any form of negotiation or agreement in respect of any of the Products or any part of the same nor does it constitute a warranty or representation over any Product or that any specific item or Product will be available for sale for any specific period of time.

The Site and its contents are presented in good faith and Mindfiniti has made reasonable endeavours as an independent wholesaler, distributor or reseller to ensure that marketing material and other product information contained within it is accurate but it should not be taken as a substitute for a client’s further enquiries with the Products’ manufacturer, including but not limited to any sensitivities and allergies.

Without prejudice to the generality of these terms, Users of the Site are strictly prohibited from downloading or re-circulating material obtained from the Site for the purposes of promoting similar products without the prior written consent of Mindfiniti.

Nothing in this clause is intended to exclude or limit liability for fraud or for fraudulent misrepresentation or any other liability which may not be legally excluded or limited.

Mindfiniti believes all information on the Site is up to date at the time it is posted. Mindfiniti reserves the right to add, alter or delete material from the Site at any time and may, at any time, revise these Terms without notifying you. You are bound by any such amendments and Mindfiniti therefore advise that you periodically visit this page to review the current Terms.

Whilst Mindfiniti uses reasonable efforts to include accurate information in the Site, it makes no warranties or representations as to the accuracy of any information given and all such warranties (whether implied or otherwise) are excluded to the extent permitted by law. Mindfiniti excludes all liability for any errors or omissions in the content of the Site to the fullest extent permitted by law.

Mindfiniti advises that you take appropriate steps to verify any information upon which you wish to rely. To find out more about our Products, please contact us by email at enquiry@myberrybuzz.com.

Not Healthcare Advice

The Products and claims made about Products on the Site by Mindfiniti, the manufacturer or other sources have not been evaluated by the US Food and Drug Administration, European Medicines Agency, China Food and Drug Administration or the relevant drug or medical devices regulatory body at your location and are not approved to diagnose, treat, cure or prevent disease.

The Site does not provide diagnosis, treatment or medical advice. Products, product information, ingredients, marketing information and other content provided on the Site, including linked information on third-party websites, are provided for informational purposes only. Information on the Site, including any product label or packaging, should not be considered as a substitute for advice from a healthcare professional. Information provided on the Site and linked information on third-party websites are not intended to be comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. 

Please consult with a licensed physician regarding your medical or health related diagnosis or treatment options.  Never disregard or delay medical advice based upon information you may have read on the Site.

Linking to Third Party Websites

The Site may be hypertext linked to websites operated by third parties for reference and information purposes only. Mindfiniti has not reviewed and cannot be responsible for the privacy policies and practices of other websites even if you access them using links from the Site and recommends that you check the terms and conditions and privacy policy of each website you visit and contact its owner or operator if you have any concerns or questions. Likewise, if you linked to the Site from a third party website, Mindfiniti cannot be responsible for the privacy policies and practices of the owners or operators of that third party website and recommend that you check the policy of that third party website and contact its owner or operator if you have any concerns or questions. Mindfiniti makes no warranties or representations in respect of any linked third parties’ websites. Mindfiniti excludes all liability for loss or damage to the fullest extent permitted by law arising in respect of any content on such websites.

For the avoidance of doubt, the presence of a link to a third party website will not be deemed to be a recommendation of such websites or any advice or information on them by Mindfiniti.

Our Liability

The Site and the information contained on it are provided on an ‘as-is’ basis and Mindfiniti shall not be liable to you in respect of the Site or the use, accessing, downloading or relying on any information contained or referred to on the Site.
Mindfiniti excludes all liability to the fullest extent permitted by law whether in contract (including under any indemnity or warranty), in tort (including negligence), under statute or otherwise for (but not limited to) any loss and damages loss or corruption of data due to viruses or otherwise, or consequential loss of whatever nature including (without limit) any loss of a type described above which could be regarded as indirect or consequential and whether or not reasonably foreseeable by you, a third party or Mindfiniti in connection with the Site.

Whilst Mindfiniti makes reasonable attempts to exclude viruses and other harmful components from the Site, its content or server, it cannot guarantee such exclusion and makes no warranty to that it makes such exclusion, to the extent permitted by law excludes all liability for viruses which may be downloaded from the Site. Mindfiniti recommends that you take all appropriate safeguards prior to downloading information from the Site.

Mindfiniti excludes all implied warranties to the fullest extent permitted by the laws of Hong Kong.

For the avoidance of doubt, nothing in the Terms will exclude or limit the liability of Mindfiniti in respect of death or personal injury due to the intentional misconduct or fraud of Mindfiniti.

MINDFINITI AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF ANY OF THEM (COLLECTIVELY, “MINDFINITI GROUP”) EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MINDFINITI GROUP EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS ATTRIBUTABLE TO NORMAL WEAR, PRODUCT MISUSE OR MODIFICATION, ABUSE, INCORRECT PRODUCT SELECTION AND NOT FOLLOWING PRINTED DIRECTIONS.  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MINDFINITI GROUP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MINDFINITI GROUP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE ARRANGEMENT BETWEEN MINDFINITI GROUP AND YOU. THE PRODUCTS, INFORMATION, PROGRAMS AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF MINDFINITI GROUP SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT PURCHASED BY YOU FROM THE SITE.

Intellectual Property and Copyright

You acknowledge and accept that all of the copyright, database rights and any other intellectual property rights which subsist in the design, layout, processes, functions, data and content of the Site are the property of Mindfiniti, its information providers or licensors. The Site is owned and operated by Mindfiniti. No part of the Site, its content or any of its underlying software and databases may be copied or reproduced, shared with third parties, reverse engineered, reverse assembled, or used to create any derivative work (whether in physical or electronic form) without the prior written consent of Mindfiniti.

Use

You are permitted to download extracts from this website on the basis that no material may be copied, modified, added to or distributed in any way, provided that you keep intact all copyright and other proprietary notices. You are not permitted to publish the contents of the Site including but not limited to publication on any other website or computer environment.

If you are dissatisfied with the web-site or any content or material on it, your sole exclusive remedy is to discontinue use of the web-site.

Changes to the Site

The format and content of the Site may be changed at any time without notice. Its operation may be suspended or discontinued for support or maintenance work, in order to update its content or for any other reason. Access may be terminated either in relation to specific users or generally at any time and without notice.

Privacy Statement

Personal details provided through this website will be used in accordance with our Privacy Statement. By providing your personal details you are consenting to its use in accordance with our Privacy Statement.