Terms and Conditions
Updated as on 5 February 2024
1. Introduction
These terms of use
(“T&C”) mandate that (i)
"You",
“Your”,
“Yourself” or
"User"; and (ii)
“End-User”; (
“Users” and
“End Users” collectively referred to as
“they”,
“them” or
“their”) hereby agree to these T&Cs for accessing or availing the Services offered (directly or indirectly) by Cosmofeed Technologies Private Limited (hereinafter referred to as
"the Company",
“We”,
“Us” and
“Our” ) having its registered office at Rainmakers Workspace, No.213, 2nd Floor, Ramanashree Arcade,18 M G Road, Bangalore, Bangalore, Karnataka through its
"Website",
"Cosmofeed", or
“Platform” (which individually and collectively refers to the website
https://cosmofeed.com and any other linked pages or its application services (including mobile application or mobile site services).
This document is an electronic record of the terms under the Indian Contract Act 1872 and the terms of Information Technology Act 2000 read with the rules and regulations made thereunder (including any enactments, amendments or re-enactments thereof) and does not require any physical, electronic or digital signatures.
Please read the T&Cs carefully before using the services of Cosmofeed or accessing any material, information through the Platform. By accessing the Platform as a User or End-User or using any version of the Website, the User / End-User signify that they have read, understood and agreed to be legally bound by these T&Cs including those additional terms and conditions and policies referenced herein and/or available by hyperlink on the Website.
You understand and agree that Cosmofeed will treat Your use of the Services (as defined below) as acceptance of these T&C from such point of usage. You agree that Cosmofeed reserves the right to update the Services from time to time.
You may not use the Services if You do not accept the T&C. If any User / End User does not agree to be bound by these Terms and the Privacy Policy, they may not use the Website in any way. It is strongly recommended to Users and End Users to return to this page periodically to review the most current version of the T&C in force. Their continued access or use of the Website signifies their assent/ratification of the updated or modified Terms, if any.
If they object to these T&C or any subsequent modifications to these T&C in any way, their only recourse is to immediately terminate use of the Website. We may require them to agree to additional terms (if any) in connection with specific services that they may avail from time to time.
Accepting these T&Cs, implies their express consent to be contacted by Us, Our agents or representatives, at any contact number, email ID, or address provided by them in any manner.
By furnishing information relating to them (“Personal Information”) to the Company on the Platform or by giving their consent to the Company to access their Personal Information for the purpose of rendering the Services or otherwise, they agree that they are interested in availing the Services or other features of the Platform offered by Cosmofeed in accordance with these T&Cs.
Please be aware that Cosmofeed is not an educational institution, marketplace, or content provider and that the User of Our services is neither Our employee nor agent.
2. Definitions
Capitalized terms as used in these T&Cs shall have the meanings as indicated in this clause below and if not defined in this clause below, as assigned to such terms in the other parts of these T&Cs where indicated.
Any term not defined in these T&Cs shall have the meaning as is commonly understood under Applicable Law and within the spirit of these T&Cs.
“Applicable Law” shall mean any statute, law, regulation, ordinance, rule, judgment, order, decree, approval, directive, guideline, policy, requirement, restriction, decision, determination, or interpretation of any applicable Authority, whether in effect as of the date of these T&Cs or thereafter and in each case as amended till date.
“Authority” or “authority” includes the Government of India, government of any state of India, any administrative, regulatory, statutory, tax-related, judicial or quasi-judicial authority in India or any sub-division thereof including any ministry, court, tribunal, department, board, authority, officer, and foreign governmental, statutory or regulatory authority, stock exchanges, where applicable
“Confidential Information” shall mean all information of any kind which was disclosed to the other Party or has come into the knowledge of the Party during the subscription term, and includes list of Users, list of End Users (as defined below), names and addresses, ideas, business model, processes, concepts, product descriptions, specifications, fees, prices, etc. Confidential Information does not include any information which (i) is already known to one Party before transmission by the other Party and without an existing non-disclosure agreement, (ii) is transmitted by a third party not subject to a comparable non-disclosure agreement, (iii) is otherwise publicly known, (iv) was developed independently and without use of the Confidential Information, (v) is released for publication in writing or (vi) must be transmitted due to a court or governmental order, provided that the contracting party affected by the transmission is informed in time to be able to initiate legal protection measures.
“Content” shall mean a software (including machine images), data, text, audio, video or images, coaching offerings, and personal data uploaded, collected, posted, stored, displayed, distributed, or transmitted on or in connection with Your Account (as defined below) on the Platform.
“End User” shall mean any person who accesses any Content on the Landing Page of a User on any computer, mobile phone, tablet, console or any other device.
“Landing Page” shall mean the unique webpage created through the software solution offered by Cosmofeed and dedicated to You where Your services, offerings, courses, programmes and other Content are curated and made available to the End Users by the You.
“Party” or “Parties” refers to Cosmofeed, the Users and the End Users.
Person" or “person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, society, co-operative society, government or any agency or political subdivision thereof, or any other entity that may be treated as a person under Applicable Law for the time being in force.
Platform fee” refers to the fees/maintenance charges/convenience fee payable by You to Us in lieu of utilising Our Platform to host Your Content for sale to End Users.
“Services” shall mean and include all services, functionalities and tools offered by Company through the Platform to the Users, from time to time, including but not limited to the services as outlined in clause 3 (Services and User Guidelines) below.
“Service Fee” refers to the fee payable by You to Us in lieu of availing Our Services offered through various subscription models to the Users, as described on the Website from time to time, as may be billed to You by the Company as per the Company policy.
3. Eligibility
If any User or End User is an individual, they shall be of at least 18 years of age. If they represent a company, partnership firm, sole proprietorship, or any other organization (“Organization”), duly organized and validly existing under the Applicable Law, they shall be eligible to access the Services and avail of the features and facilities on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity and further, if they have fulfilled such additional eligibility requirements as the Company may require in connection therewith.
Users and End Users represent and warrant that at the time of registering with Cosmofeed for availing the Services offered by the Company or at the time of making any payments in relation to the Content through Cosmofeed, they are competent and eligible to enter into a legally binding agreement (including the T&Cs, conditions, obligations, affirmations, representations, warranties set forth in the T&Cs) under Applicable Law and to be bound by such agreements.
In the event that they are using the Services or accessing the Platform offered by the Company for and on behalf of an Organization, they agree to the T&Cs on behalf of that Organization that they represent. If they are accessing the Platform and the Services are being used for the benefit of a minor, they expressly confirm that they are legally competent to provide consent on behalf of such a minor and that the minor’s use of the Platform and/or the Services shall be subject to the T&Cs.
Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform.
4. Services and User Guidelines
The Services provided by Cosmofeed to the Users shall be provided by the Company and the Company shall only provide the Services for the purpose of enabling You to inter alia build Your own Landing Page. These Services include: 1. An online service that enable Users to create, design, upload, publish and sell Content either through their own Landing Page or through third party applications. 2. An online service to build Your own Landing Page subject to the T&Cs accepted and internal policies of Company in force from time to time as displayed on the Website. 3. Other ancillary services and tools which enables You to manage Your Content on Your Landing Page which include the messaging tools and services offered through the Platform which help in communication and interaction with End Users, including an optionality to enable discussion forums between You and End Users. You may have an option to enable or disable such services through Your dashboard. 4. Third party applications integration services which enable You to upload, publish and manage Your Content on third party applications such as Telegram, WhatsApp etc.
Cosmofeed strives to provide You with access to digital products/tools in the form of a software as a service (“Software”) that gives You the opportunity to create or share content and generate or access links/ sub-domains to third party social media platforms through which You can make available such content to any End User;
The Services and the functions and feature of the Website are provided on an “as is” and on an “as available” basis. The Company shall make reasonable efforts to keep the Services availed by You available 24/7 with a highest possible uptime percentage. However, the Company shall not be responsible for any downtime of the Services caused by any of the following:
1. Factors outside of Company’s reasonable control, including any force majeure events; 2. Any reason attributable to any third party used in provision or in connection to providing the Service, e.g. payment gateways, hosting providers, name server provider etc.; 3. Any actions or inactions by the User, any party acting on User’s behalf, or any other third party; 4 Planned maintenance.
Creation of Account -- 1. You may browse certain sections of the Platform without having an Account with Us. However, to avail the Services on the Platform, You need to create an Account by providing such information as may be required by the Company as provided under the Privacy Policy.
2. To use the Platform, You are required to create a Cosmofeed user account (hereinafter “Account”). The said registration is free of charge. Only persons satisfying the eligibility criteria as provided under clause 2 (Eligibility) of these T&Cs may register and each person may only have one account.
3. You may choose a unique username and URL during registration. You warrant that the username and URL chosen does not violate the rights of any third parties, intellectual property and cannot not reasonably be considered to be immoral, deceptive, scandalous, misleading or obscene.
4. You must provide accurate, current, and complete information during the registration process and keep the information up to date at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of Your Account on the Platform.
5. You are responsible for maintaining the confidentiality of your login credentials and your Account and are fully responsible for all activities that occur under your password or Account. You shall take appropriate and reasonable measures to prevent third parties from obtaining knowledge of this password. You agree to notify Cosmofeed immediately of any unauthorized use of Your Account or any other breach of security and request Cosmofeed to block the Account. We shall not be liable for any loss to You owing any unauthorized access in your Account.
6. You may host, publish or sell Your Content through Your own Landing Page created on the Platform. Your Landing Page shall be built and operated by You and the Company does not assume any responsibility or liability for any business, transactions and activities carried out by You on Your Landing Page including determining the theme, contents, focus and business idea of the said Landing Page and the Landing Page shall be operated solely by You.
7. The ownership of the Content, Your Landing Page, the pricing for registration or access to such Landing Page by any End User and the overall management of Your Account (excluding the technological reliance on Cosmofeed), including any interactions between You and End Users, the services offered therein is solely decided by You, and accordingly, You at all times, shall be solely responsible for all of the aforesaid.
8. The Company is not, in any manner, liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of Your relationship or business with inter alia the End User or any person’s reliance upon any information or other Content made available on Your Landing Page or otherwise in connection with the Company.
9. The Company is not liable in any manner whatsoever in respect of any communication between You and third persons via the Platform and in respect of Your business connections established via the Platform and the claims arising therefrom. Your relationships and business dealings with any third parties shall be solely matters between you and such third parties. You acknowledge and agree that the Company is not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings with such third parties.
10. The third party applications Services rendered by the Company are not exclusive to You, and the Company reserves the right to provide the Services to any person, natural or legal, including your competitors. The Company is not liable in any manner whatsoever with respect to any Content uploaded, published and managed by You through any such third party applications.
11. All Services provided by the Company on the Platform are provided to You on a principal-to-principal basis and nothing mentioned herein is intended to be construed to constitute the relationship of a principal and agent, employer and employee, partners, joint venture, co-owners or otherwise as participants in a joint undertaking or representative of the other for any purpose whatsoever.
12. The Services and Account are made available to You on non-exclusive, non-transferable, non-sublicensable and on limited license basis for Your own personal use alone.
13. When you create an Account with Us, You agree to abide by Our internal policy(ies) determined solely by Us from time to time and that the Company reserves the right to change, modify, add, or remove, in whole or in part, internal policy(ies), in relation to the Services at any time without providing a prior written notice or intimation to the Users.
14. We reserve the right to refuse Service, cancel subscription of Services, temporarily disable, terminate or suspend the Landing Page/ Your Account at any time if the User violates any Applicable Law, these T&Cs the intellectual property rights of any third party, the rights of the Company in any manner or be acting in a manner which may result into any claim against the Company or if so required by any authority or under any Applicable Law, without prior intimation to You.
15. The offer provided on the Platform to use the Services does not constitute a binding offer by Company. Your request for creation of the Account shall constitute a binding offer to conclude a contract for the use of Platform and/or Services and the Company may accept this offer by permitting creation of the Account and/or by confirmation via email to that effect.
16. You are obliged to ensure the technical requirements and sufficiency of bandwidth and latency on your own. The Company assumes no responsibility or liability for the same.
17.You shall not (and shall not permit any third party to) take any action on the Platform that: (i) would constitute a violation of any Applicable Law; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity.
18. You shall be solely responsible for any service or product provided by You on the Platform, and in the event of violation any Applicable Law, You shall be solely liable for any liability arising on the Company because of such violations by You. You further agree to indemnify the Company against any such liability.
19. You agree to (a) immediately notify the Company of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. The Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account either with or without Your knowledge
20. You may be held liable for losses incurred by the Company or any other User of or visitor of the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.
21. The Company shall not be the responsible to perform time-to-time checks or audits or due-diligence in respect of the contents or products or information or services hosted or provided by You using the Platform. However, the Company retains the right to perform a check on Your Content, delete or suspend such information or service or content for temporary or permanent period as required by any authority under Applicable Law.
22 . We may disclose or transfer Your Account information to any authority if required, in such manner as permitted or required by Applicable Law, and You hereby consent to such transfer.
5. Fees and payment terms
Service Fee and Platform Fee maybe charged and billed to You by the Company as maybe determined by the Company policy from time to time.
The Service Fee and Platform fee paid by You shall be governed by the Cosmofeed Refund & Cancellation Policy as maybe available on the website from time to time.
We shall not collect any fees / charges / monies from the End Users except the fees / charges / monies payable by the End Users to You for any Content provided by You or otherwise, which may be collected by Us on Your behalf.
6. Warranties
You represent and warrant to Cosmofeed that:
You are the owner or the license holder of all copyright in the Content or have the necessary licenses, rights, consents, and permissions to publish the Content that you submit;
You shall not undertake any activity that is only permissible to be undertaken by any entity regulated and registered with any sectoral regulator (including but limited to Securities Exchange Board of India, Reserve Bank of India, Insurance Regulatory and Development Authority of India, etc.) and You shall not falsely claim or misrepresent in any manner that You are regulated by any such sectoral regulator.
The Content shall not infringe the intellectual property rights or other rights of any person or entity, including but not limited to copyright, moral rights, trademark, patent or rights of privacy or publicity;
The Content does not include any harmful or hateful content;
The Content does not disparage, insult or malign any person, people, races, religion or religious group and does not have any obscene, pornographic, abusive, inflammatory or otherwise sexually oriented or objectionable contents;
The Content is not contrary to any Applicable Law;
For clarity, You retain your ownership rights in Your User-generated Content. However, you grant a limited license to Cosmofeed to make available the User-generated Content on the Platform.
You hereby warrant that shall solely be responsible for all claims in respect of your Content published on the Platform.
You hereby warrant that You shall use the Content, Your Landing Page only for Your business purposes shall not carry out any activity which is against the Applicable Law, these T&Cs or any other policies implemented by the Company from time to time.
We make no warranty that the Services shall meet Your requirements, be uninterrupted, timely, secure, and/or error free. Further We do not make any warranty as to the results that may be obtained from the use of the functions and features or as to the accuracy, reliability and/or quality of the output derived therefrom.
Any advice or information, whether oral or written, obtained by You from Us through or from the Service will not create any warranty not expressly stated in these T&Cs
7. Indemnification
The Users and End Users agree to protect, defend and indemnify Us and hold Us and Our affiliates, subsidiaries, officers, directors, partners, employees, agents, investors and representatives (collectively "Indemnified Person(s)") harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, that arise from or relate to their access, use, misuse of the Software, Website and/or the Services in violation of these T&Cs and/or their infringement, or infringement by any other user of User’s Account, of any intellectual property or other right of anyone or any other obligation including that of any third party. In the event of a claim by a third party, they shall be obligated to immediately and completely provide the Company with all information that is necessary for an examination of the claims. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by them, in which event they will assist and cooperate with Us in connection therewith.
The terms of this provision will survive any termination or cancellation of these T&Cs or Your use of the Services.
8. Intellectual Property Rights Policy
All of the content on the Platform, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, interface, reports generated, trademarks, tradenames, trade secrets (“Services Content”), constitute Our and Our partners’ intellectual property. Copyright laws in all applicable jurisdictions protect the Services and the Services Content.
Cosmofeed is the sole owners of the underlying software and source code associated with the Software, Services and the Platform and all the trademarks, copyright and any other intellectual property rights of any nature therein.
Users and End Users agree not to duplicate, distribute, create derivative works of, display, or commercially exploit the Software, Services, Content, features or facilities, directly or indirectly.
You undertake to use the Software exclusively in accordance with the T&Cs and not to make it available for use by third parties.
Any and all intellectual property rights to any material that You have provided to us shall remain Your sole and exclusive property. You grant the Company, a perpetual, irrevocable, royalty-free, non-exclusive, sublicensable and transferable license to use, copy, reproduce, modify, make available and distribute such material for the purpose of making available the Services as may be required.
Any and all intellectual property rights to any material provided by End Users of the Landing Page shall remain the property of such End Users. You undertake to ensure that such End Users grant (and have the right to grant) to You on Your Landing Page, a perpetual, irrevocable, royalty-free, non-exclusive, sublicensable and transferable license to use, copy, reproduce, modify, make available and distribute such material so that You may grant a similar license to Us, the Company for the purposes of making available the Service. You hereby agree to grant such licenses to Us, the Company as You have acquired such rights Yourself from the End Users.
You may, at any time during the term of these T&Cs, request the Company, and the Company may at its sole discretion and if available make best efforts to provide to You, with a copy of the Content provided by You of such Landing Page. Such material shall be provided by making it available to You in a reasonable manner separately agreed by and between You and the Company. The Company shall have the right to invoice You for any reasonable expenses incurred by the Company as a result of making the material available You.
9. Waiver
Any failure on the part of Cosmofeed to require performance of any provision of these T&Cs shall not affect its right to full performance thereof at any time thereafter, and any waiver by Cosmofeed of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.
10. Limitation of liability
WE ENDEAVOUR TO ENABLE THE CONTINUOUS AVAILABILITY OF OUR PLATFORM TO YOU BUT WE DO NOT GUARANTEE THE CONTINUOUS AVAILABILITY OR ERROR-FREE FUNCTIONING OF THE PLATFORM OR THE SERVICES AND WE ARE NOT LIABLE IN CASE OF ANY DOWNTIME OF THE PLAFORM OR SERVICES, WHICH MAY OCCUR IN THE EVENTS, INCLUDING BUT NOT LIMITED TO, NECESSARY MAINTENANCE WORK, SECURITY, CAPACITY CONCERNS, ANY UNFORSEEABLE EVENT OR ANY EVENT BEYOND OUR CONTROL. YOU SHALL NOT BE ENTITLED TO ANY CLAIMS FOR COMPENSATION DUE TO DOWNTIMES.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THE SERVICES, FUNCTIONS AND FEATURES OR FOR INTERRUPTIONS, DELAY, ETC., EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF DAMAGES RESULTING FROM THE COST OF GETTING SUBSTITUTE FACILITIES ON THE SERVICES, ANY SERVICESS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES, OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE FUNCTIONS AND FEATURES, EITHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
IN CASE OF BREACHES OF ESSENTIAL CONTRACTUAL OBLIGATIONS CAUSED BY THE COMPANY OR ITS LEGAL REPRESENTATIVES OR VICARIOUS AGENTS WITHIN THE SCOPE OF THESE T&CS, THE LIABILITY OF THE COMPANY TOWARDS THE USER SHALL BE LIMITED TO THE AMOUNT OF THE FORESEEABLE DAMAGE TYPICAL FOR THE CONTRACT BUT MAXIMUM THE EQUIVALENT OF A TOTAL COLLECTED SERVICE FEE. OTHERWISE, LIABILITY IS EXCLUDED.
THE COMPANY SHALL NOT BE LIABLE FOR THE LOSS AND/OR DAMAGE OF YOUR CONFIDENTIAL INFORMATION OR DATA OF THE USER ARISING AS A RESULT OF AN EVENT OR A SERIES OF RELATED EVENTS, THAT IS BEYOND ITS CONTROL INCLUDING FAILURES OF OR PROBLEMS WITH THE INTERNET OR PART OF THE INTERNET, ATTEMPTED HACKER ATTACKS, HACKER ATTACKS, DENIAL OF SERVICE ATTACKS AND/OR VIRUSES OR OTHER MALICIOUS SOFTWARE ATTACKS OR INFECTIONS.
THE AFOREMENTIONED LIMITATIONS AND EXCLUSIONS OF LIABILITY DO NOT AFFECT YOUR CLAIMS FROM PRODUCT LIABILITY. FURTHERMORE, THE LIMITATIONS OF LIABILITY DO NOT APPLY TO PHYSICAL INJURY OR DAMAGE TO HEALTH OF BUYERS ATTRIBUTABLE TO THE PROVIDER.
THE COMPANY SHALL NOT BE LIABLE FOR ANY EVENT BEYOND COMPANY’S REASONABLE CONTROL.
THE COMPANY IS NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THE PROVISIONS OF THIS T&C, THE PRIVACY POLICY OR ANY OTHER CONDITIONS OF THE COMPANY GOVERNING THE USE OF ITS PLATFORM
THIS CLAUSE SHALL SURVIVE IN PERPETUITY.
11. Disclaimer
IT IS THE RESPONSIBILITY OF THE USERS TO UNDERTAKE NECESSARY RESEARCH REGARDING THE SERVICES AND THE INFORMATION AVAILABLE ON THE WEBSITE.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY CONTENT OR MATERIALS PUBLISHED BY YOU THROUGH THE SERVICES. COSMOFEED IS NOT RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS CONSISTENT WITH APPICABLE LAWS. WE DO NOT SELECT OR MODIFY YOUR CONTENT AND DO NOT MARKET, PROMOTE OR UNDERTAKE TARGETTED ADVERTISEMENT WITH RESPECT TO YOUR CONTENT IN ANY MANNER WHATSOEVER. IT IS HEREBY CLARIFIED THAT YOU SHALL BE LIABLE FOR CONTENT OR MATERIALS PUBLISHED BY YOU WHILE AVAILING THE SERVICES AND THAT THE COMPANY SHALL BE UNDER NO OBLIGATION IN RELATION TO SUCH CONTENT AND MATERIALS.
FURTHER YOU AGREE AND ACKNOWLEDGE THAT THROUGH YOUR USE OF THE SERVICES OFFERED BY THE COMPANY, YOU SHALL NOT UNDERTAKE ANY ACTIVITY WHICH IS UNLAWFUL IN NATURE. ANY LIABILITY ARISING OUT OF SUCH UNLAWFUL ACTIVITY SHALL SOLELY REST WITH YOU AND THE COMPANY SHALL NOT HAVE ANY LIABILITY IN RELATION TO THE SAME. YOU SHALL BE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW AND THESE T&CS.
THE MATERIAL AS PART OF THE SERVICES AND AS APPEARING ON THE WEBSITE COULD INCLUDE TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS. COSMOFEED DOES NOT WARRANT THAT ANY OF THE MATERIAL ON THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT.
YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR OWN USER-GENERATED CONTENT AND THE CONSEQUENCES OF SUBMITTING AND PUBLISHING SUCH CONTENT ON THE PLATFORM.
12. Confidentiality
Neither of the Parties is entitled to transmit Confidential Information of the other Party to third parties (for free or on chargeable basis) without express consent in writing.
All Parties undertake to use Confidential Information only for contractually agreed purposes.
Each Party shall take reasonable precautionary measures to protect the Confidential Information pertaining to the other Party and to prevent disclosure of such information to unauthorized third parties, as they would with regard to their own confidential information.
Each Party is obliged to prevent the unauthorised disclosure or use of Confidential Information of the other Party by their buyers, employees, subcontractors or legal representatives.
Each Party shall inform each other in writing in the event of misuse of Confidential Information of the other Party.
Cosmofeed shall not be responsible for any disclosure or leakage of Confidential Information of any Party due to negligence or failure on their part to practice safe computing.
The obligations under this clause 12 (Confidentiality) shall continue to be applicable for a period of 12 months after the effective termination of these T&Cs.
13. Reservations of changes
The Company reserve the right, at Our sole discretion, without prior notice, to update, change or replace any part of these T&Cs by posting updates and changes to Our website. It is their responsibility to check Our website periodically for changes. Their continued use of or access to Our website or the Service following the posting of any changes to these T&Cs constitutes acceptance of those changes.
The Company reserves the right to change the Service or any part thereof at any time. The Company shall use reasonable efforts to inform You in advance of any material changes that may affect Your use of the Service in an adverse way. If You do not wish to use the changed Service, You may terminate these T&Cs in accordance with clause 15 (Termination).
The Company reserves the right to upgrade the Platform, modify the software or to offer deviating functionalities (i) as far as this is necessary to establish the conformity of the services offered by the Company with the Applicable Law in relation to these Services, in particular if the legal situation changes; (ii) as far as the Company thereby complies with a decision of an authority addressed to the Company; (iii) as far as this is necessary to eliminate security gaps of the software; or (iv) as far as this is predominantly advantageous for the Users and End Users.
You hereby agree to install the updates from time to time and acknowledge that Cosmofeed will only be able to provide Account support for the Services if You ensure to install all updates upon receiving notifications thereof when using the Services.
The Company retains the right to change the Service Fee/Platform Fee charged from the Users from time to time and as may be applicable. The Company shall communicate any changes on the Service Fee/Platform Fee, as applicable.
14. Termination
The Parties are entitled to terminate these T&Cs at any time. These T&Cs shall stand terminated at their option only upon closing of all transactions betweenthem and the Company, and for Users, only upon the deletion of the User’s Account.
You hereby acknowledge that the discontinuation of Services does not in itself constitute termination of these T&Cs or of Your Account.
Upon termination of these T&Cs, the rights and license granted to You herein shall terminate and You must cease all use of and access to the Services and/ or Website and You must destroy any downloaded materials in your possession whether in electronic or printed format.
Any termination of right to use or access the Platform and/ or the Services by Users or End Users shall not affect their obligations and liability incurred by them prior to such termination.
15. Final provisions
The Users and End Users may not assign these T&Cs or any of their rights and obligations hereunder to any third party, without prior written consent of Cosmofeed. Subject to the foregoing, these T&Cs will be binding on your legal heirs, successors and permitted assignees. Any assignment or transfer in violation of this clause will be deemed null and void. The Company may assign these T&Cs and any of its rights and obligations under these T&Cs to its affiliate or a third party at any time without the requirement of intimating the Users and End Users or seeking their consent.
Nothing in these T&Cs shall be construed as creating a partnership, agency, joint venture or any legal entity between the Company and You. The Company is not acting as Your representative or agent with respect to the Service. The relationship between the Company and You is that of Principal-to-Principal. For the avoidance of any doubt, You may not make any commitments on behalf of the Company or make the Company bound by any act on Your behalf.
The Company may use general information (such as the name and/or logo) related to You and/or the Landing Page in its marketing of the Service pursuant to good business practices. You may present Yourself in the Landing Page and in public as a user of the Software/Service as per these T&C and other policies of Cosmofeed. However, You may not present Yourself as acting on behalf of the Company.
In the event of any conflict between these T&Cs (or any portion thereof) and any other agreement now existing or hereafter entered into, these T&Cs shall prevail.
If any provision of these T&Cs is held to be illegal, invalid or unenforceable under any present or future Applicable Law: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the T&Cs will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
16. Governing Law and Jurisdiction
These T&Cs and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India. By using the Services or accessing the Platform in any manner, you hereby irrevocably consent to the exclusive jurisdiction and venue of courts in New Delhi, India in the event of any disputes arising out of or in relation to your access to and use of the Services or the Platform.
17. Force Majeure
Cosmofeed or associated third-parties shall not be liable for any shortfall, failure or delay in performance of any Service or obligations under these T&Cs or any other terms of any policies framed by the Company and agreed by the User if, and to the extent that, such shortfall, failure or delay is caused by an event substantially beyond its control, including but not limited to sabotage, fire, flood, earthquakes, explosions, strikes, acts of gods, industrial actions of any kinds, riots, insurrection of war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network, computer crashes, breach of security and encryption (provided it is beyond Our reasonable commercial control), power or electricity failure or unavailability of adequate power or electricity.
18. Grievance Redressal Mechanism
Any discrepancy or grievance with regard to these T&Cs shall be taken up with the designated Grievance Officer as mentioned below in writing or through email signed with the electronic signature
Email ID: hello@cosmofeed.com
Address: F11/12, DLF City, Phase 1, Sector 27, Golf Course Road, Guragon, Haryana – 122002.
In furtherance to the Consumer Protection Act 2019 and the Consumer Protection (E-Commerce) rules 2020 (“Act”), the Nodal Officer of Cosmofeed (as appointed under the Act) as the case may be approached in writing or through email to the below: The Grievance Officer or the Nodal Officer, as the case maybe, will acknowledge the receipt of any compliant within 48 hours and redress the complaint within 30 days from receipt of the complaint.
19. Contact Information
Questions about the T&Cs should be sent to Us at hello@cosmofeed.com.
