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TERMS OF USE OF THE PLATFORM

This document is an electronic record in terms of the information technology act, 2000 and rules made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This agreement ("Agreement") contains terms and conditions ("Terms" or "Terms of Use") that shall apply to a natural or legal person and who has access to and is using the Platform for Purchasing the Products listed on the Platform or otherwise, including but not limited to such users who have not created a Buyer Account (defined below) and are accessing the Platform without such a Buyer Account.

Your are requested to carefully read the terms of this agreement. By registering on the platform as a buyer you hereby indicate your understanding, consent and unconditional acceptance of this agreement and any amendments thereto. By accepting the terms of this agreement, you hereby agree that you are desirous of purchasing the products on or using the platform and you shall abide by all the terms and conditions of this agreement and all other policies, terms of use, as may be issued by the company from time to time, governing the conduct of the buyers on the platform and for use of the platform. If you do not agree to the terms, you may not use this platform.

DEFINITIONS

Capitalised terms defined by inclusion in quotations and/ or parenthesis have the meanings so ascribed; and the following terms shall have the meanings assigned to them herein below:

  • "Applicable Law" means in respect of a person, any statute, law, regulation, ordinance, rule, judgment, decree, by-law, approval from the concerned authority, government resolution, order, directive, guideline, policy, requirement, or other governmental restriction or any similar form of decision, or determination, or any interpretation or adjudication having the force of law of any of the foregoing, by any concerned authority or other requirements of any governmental or regulatory authority, to which such person is subject;
  • "Buyers", "You" or "Your"; shall mean any registered user who is a natural or legal person and who has access to and is using the Platform for the purpose of buying Products listed on the Platform or otherwise, including but not limited to such users who have not created a Buyer Account and are accessing the Platform without such a Buyer Account;
  • "Buyer Account" shall mean an electronic account opened by the Buyer with the Platform to purchase the Products offered through the Platform;
  • "Chargeback Transaction" shall mean those Transactions which are (i) not completed as per the timelines indicated on the Platform; (ii) cancelled anytime prior to the date on which the Products were supposed to be delivered in accordance the cancellation policies of the Platform; (iii) disputed by the Buyer for not having received the Products as per purchase order/terms & conditions (iv) identified as Chargeback Transaction(s) in accordance with the policies set out at https://www.coolwinks.com/refund-policy/.
  • "Company", "Us", "We" and/ or "Our" shall mean Coolwinks Technologies Private Limited, a company registered under the Companies Act, 1956 having its registered office at A-8, Infocity 1, Sector 34, Gurugram – 122001, Haryana, India (hereinafter referred to as "Company" which expression shall, which expression shall unless repugnant to the context or meaning thereof mean and include its successors and assigns);
  • "Force Majeure Event" shall mean any event that is beyond Company’s reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, technical snags, unauthorized access to computer data and storage device and breach of security and encryption;
  • "KYC Guidelines" of "KYC" shall mean the Know Your Customer (KYC) guidelines as set forth under the applicable laws;
  • "Platform" shall mean and include www.coolwinks.com, mobile application of the Company, any successor website/applications, any website of the Company’s affiliates or any other channel facilitated and permitted by the Company;
  • "Products" shall mean all eyewear product including Eyeglasses, Sunglasses, Power Sunglasses, Kids Eyeglasses, Kids Sunglasses, Computer Glasses etc. offered by the company for sale on or through the Platform.
  • "Prohibited Items" means any goods or materials the carriage of which is prohibited by any law, rule or regulation of any country in or over which the shipment travels including inter alia the goods which have been declared to be hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), ADR (European Road Transport Regulation on dangerous goods.
  • "Terms" or "Terms of Use" or "Buyer Agreement" shall mean the terms and conditions required to be accepted by the Buyer prior to using the Platform;
  • "Transaction Account" shall mean the bank account(s) (being the current accounts) opened in the name of the Company wherein the Buyer shall pay and deposit the money for buying the Products for sale on the Platform; and
  • "Transactions" shall mean any transaction of sale of any of the Products, initiated or performed by the Buyer, utilising the Platform.

Interpretation

  • All references to singular include plural and vice versa and the word "includes" should be construed as "without limitation".
  • Words importing any gender shall include all the other genders.
  • Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
  • All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Buyer Agreement.

INTRODUCTION AND SCOPE

  • The Company offers this Platform, including all information, tools available through this Platform to You, being the Buyer on a non-exclusive basis, and conditional upon Your acceptance of all the terms, policies and notices stated herein.
  • The Buyer’s use of the Platform, including but not limited to viewing information, acting on such information and the Transactions that may be implemented through the Platform, is governed by and shall be subject to these Terms and such Terms whereof are subject to change at any time, without prior notice to You. Any additional or new features or tools which are added to the current Platform shall also be subject to the Terms. To ensure that You are aware of the changes, please review this Agreement and all the documents referred to hereunder periodically.
  • By proceeding further, You confirm that You have read and have agreed and accepted to be bound by the any additional guidelines or rules applicable to any particular Products on the Platform ("Additional Documents"), which shall be deemed to be a part of these Terms. In the event of any conflict between the terms of this Agreement and any aforesaid Additional Documents, the Additional Documents shall prevail. If any of the terms of this Agreement or any of the Additional Documents are not acceptable to You, please do not use the Platform. Your continued usage of the Platform after any change constitutes Your acceptance of the amended Agreement.
  • The Buyer’s use of the Platform, including but not limited to viewing information, acting on such information and the Transactions that may be implemented through the Platform, is governed by and shall be subject to these Terms and such Terms whereof are subject to change at any time, without prior notice to You. Any additional or new features or tools which are added to the current Platform shall also be subject to the Terms. To ensure that You are aware of the changes, please review this Buyer Agreement and all the documents referred to hereunder periodically.
  • If You continue to browse through this Platform, You are agreeing to be bound by the Terms of platform which along with the privacy policy ("Privacy Policy") set out at https://www.coolwinks.com/privacy-policy/ govern your relationship with Us. You confirm that You have also read and have agreed and accepted to be bound by the terms and conditions incorporated in the Privacy Policy, which shall be deemed to be a part of this Buyer Agreement.
  • You also declare that, the information provided and/or self-certified copies of KYC documents submitted for registration through the Platform, are accurate, correct, valid and subsisting and the same shall vest with Company, as the case may be. You confirm and consent that the documents provided herein may be used by the Company to ensure compliance with all relevant and applicable regulatory and KYC requirements, as need be.
  • In the event You are representing an incorporated entity, You hereby confirm that You have been expressly authorised by such entity to consent this Buyer Agreement, and such entity agrees to be bound by the Terms. Also, You have represented to the Company that You have all the experience, applicable licenses, approvals and registrations for undertaking Your businesses and avail the platform.

SCOPE OF THE PLATFORM AND FEES

  • The Platform is an e-portal/mobile based application for marketing, availing and selling of the Products. By visiting the Platform and/or buying/agreeing to buy the Products listed on the Platform for the consideration, costs, charges set out at the Platform and invoice issued to You, You agree to be bound by additional terms and conditions and policies as may be applicable to a particular Product which may be sold on the Platform. These Terms applies to all Buyers and other users of the Platform, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of data, content, information, pictorial representations and/or images ("Content").
  • The Buyer shall pay the applicable costs, charges and fees for purchase of the Products (which will be listed at the Platform and the invoice issued to it) through the method/ medium provided at the Platform and as set out at https://www.coolwinks.com/checkout and the Buyer shall not use any other method for making payments for the Products purchased through the Platform . [Upon initiation of a Transaction, the Company shall be entitled to receive the full payment for the Transaction from the Buyer in the Transaction Account unless otherwise agreed by the Company through other methods/ medium provided at the Platform and as set out at https://www.coolwinks.com/checkout. All monies, fees, charges, and payments, Transaction amounts collected or paid through the Products are denominated in Indian Rupees and shall be subject to our refund, cancellation and chargeback policy as set out at https://www.coolwinks.com/refund-policy/.

EXCLUSION OF LIABILITY

You are aware and fully understand that Platform is only a platform for prospective Buyer/Buyers and that:

  • You shall be responsible for obtaining all applicable licenses, permits, consents and approvals required in relation to the goods/ products/ items/ pets for which You propose to buy a Product;
  • Company shall not be responsible for dealing with any damage, loss, cancellation, postponement, change or delay in delivery of the cargo or shipment or courier or mail or freight. The responsibility for communicating, managing and arranging for damage, loss, cancellation, postponement, change or delay is not expressly governed by these Terms and the Company is not liable either monetarily or otherwise to the Buyer, for such damage, loss, cancellation, postponement, change or delay in delivery of the cargo or shipment or courier or mail or freight. You shall abide by our refund, cancellation and chargeback policies set out at https://www.coolwinks.com/refund-policy/.

ONLINE PLATFORM TERMS

  • By agreeing to these Terms, You represent that You are at least the age of majority in Your state or province of residence and You have given Us, Your consent to allow any of Your minor dependents to use this Platform, in accordance with applicable laws;
  • You shall not use the Platform for any illegal or unauthorized purpose or for the "Prohibited Uses" ;
  • You are solely responsible for the Content that You upload, submit or send to or exchange on the Platform. We shall under no circumstances be responsible for any claims made by a third party in respect thereof;
  • Any fraudulent use of this Platform or applicable payment method for delivery of goods by air, water or road or otherwise, which causes any monetary loss to the Company as a result of Your action/inaction shall be recovered solely from You. Without prejudice to the above, the Company reserves the right to initiate legal proceedings against You for fraudulent use of this Platform or for any other unlawful act or omission in breach of this Buyer Agreement;
  • In the event of any direct or indirect loss or damage (including reputational damage) suffered by the Company on account of the Content, the Company reserves the right to initiate legal proceedings against You for such damage;
  • We will not be responsible for verifying any Content posted on the Platform. We are not responsible if information made available on the Platform is not accurate or not complete or not current. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary and more accurate sources of information. Any reliance on the material on the Platform is at Your own risk;
  • You also understand and acknowledge that the use of the Platform requires internet /mobile network connectivity. You shall bear the costs incurred to access and use the Platform and We shall not, under any circumstances whatsoever, be responsible or liable for such costs;
  • You shall be solely responsible for all activities undertaken through Your Buyer Account, whether or not You have authorized such activities or actions and shall, at all times, keep the Company indemnified in this regard;
  • You shall be responsible for checking the Content, Product description and other related information before proceeding to buy a Product on the Platform;
  • You shall take all precautions and steps to ensure that that You are not mistaken or misrepresented with the Products offered at the Platform;
  • You shall solely bear and be responsible for the payment of all taxes that become due upon the purchase of Product by You through the Platform, under applicable laws;
  • You shall not use (directly or indirectly) the Platform and other facilities of the Company in any manner or in furtherance of any activity, which constitutes a violation of (i) of this Buyer Agreement; and (ii) a violation of any applicable law or regulation or which may cause the Company to be subject to investigation, prosecution or legal action;
  • You agree and acknowledge that all Transactions and payments related thereto shall be subject to Company’s policies relating to cancellation, chargeback, refund of any Transaction and redressal and escalation matrix . Also, You agree that Company’s decision in respect of any cancelled Transaction, Chargeback Transaction, cancellation charges or refund of any Transaction or any cost shall be final and binding upon You;
  • If You are registering as a business entity, You represent that You are duly authorized by the business entity to accept this Buyer Agreement and You have the authority to bind that business entity to this Buyer Agreement;
  • You shall provide all information requested by Us for creation/ opening of Your Buyer Account and usage of the Platform; and
  • You agree and acknowledge that We are entitled to verify, examine and process all the information/ Content shared by You with Us and We, at Our sole discretion, are entitled to delete, modify and tweak such information/ Content for the Platform.
  • A breach or violation of any of the Terms the Company reserves the right to immediately terminate and will entitle the Company to report such breach/ violation to the law enforcement agencies and initiate legal action against the Buyer for breach of the Terms in accordance with applicable laws.

DESCRIPTION OF SERVICE AND PRODUCTS

  • The Company provides an opportunity for You to purchase the Products from Coolwinks.com. Upon placing order, the Company shall ship the Product to You and will be entitled to its payment for the Services.
  • All Products and information displayed on the Website/s constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as detailed in this Agreement. The Company may accept or reject Your offer in its sole discretion which cannot be contested by You.
  • The Company, to the best of its knowledge, has displayed or attempts to display on the Website/s as accurately as is possible, colours of the Products that is displayed on the Website/s. However, the colours visible to You is solely dependent on your computer or Mobile Screens. Hence, no guarantee is provided by the Company regarding your visibility of the colours on the Website/s or other Mobile Mediums
  • The Company does not provide any warranty or guarantee that the Product descriptions are accurate, complete, reliable, current, or error-free. If a Product offered by the Website/s is not as described, Your sole remedy is to return it in unused, unsoiled and resale condition.

BUYER’S OBLIGATION AND COVENANTS TOWARDS THE PRODUCTS

In addition to Buyer’s other covenants in this Agreement, by ordering Product/s on the Website/s You acknowledge and agree that:

  • Buyer have a written and valid prescription from a doctor regarding their prescription glasses and the information supplied to the Company will be accurate;
  • Buyer consent to the Company contacting their doctor to verify the authenticity of the prescription if required;
  • That any non-delivery or wrong delivery of the Products by the Company due to error in the information provided by Buyer, then, any re-delivery cost in addition to the initial cost will be billed to the Buyer;
  • All information provided by the Buyer including their contact details, name and address, bank or credit card details are theirs and authentic and there is no misrepresentation or fraudulent act from their end;
  • That before placing an order Buyer will check the Product description carefully. By placing an order for a Product Buyer agree to be bound by the conditions of sale included in the item's description.

GENERAL CONDITIONS

  • We reserve the right to refuse to not facilitate purchasing of the Products on the Platform to anyone (without assigning any reason), including You, at any time;
  • You understand that Your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks;
  • The Buyer (if individual) hereby represents and confirms that the Buyer is of sound mind;
  • The Buyer must ensure the availability of sufficient funds (including service charges thereon, if any) before initiating any Transaction;
  • You acknowledge that certain parts of this Platform are available only if You register on this Platform by following the registration process therein; and
  • The headings used in this Buyer Agreement are included for convenience only and will not limit or otherwise affect these Terms.

PROHIBITED USES

You acknowledge that as a Buyer it is also Your responsibility to ensure that at no point You buy a Product on the Platform in relation to the Prohibited Item

In addition to other prohibitions as set forth herein, You are prohibited from using the Platform:

  • for any unlawful or fraudulent purpose;
  • to solicit others to perform or participate in any unlawful acts;
  • to violate any local, international, federal, provincial or state regulations, rules, laws, or any applicable ordinances;
  • to infringe upon or violate Our intellectual property rights;
  • to harass, abuse, insult, harm, defame, slander, libel, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of any related Platform, other Platforms, or the internet;
  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • for any obscene or immoral purpose; or
  • to interfere with or circumvent the security features of any related Platform, other Platforms, or the internet.

We reserve the right to terminate Your use of the Platform for violating any of the prohibited uses set hereinabove above.

MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right at any time, without any prior intimation, to modify or discontinue the Platform without notice at any time, but We have no obligation to update any information on the Platform. You agree that it is Your responsibility to monitor changes to Our Platform. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance the Platform or any direct or indirect loss that may arise to you pursuant to such change or modification.

PRODUCTS

We reserve the right, but not the obligation, to limit the sales of the Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this Platform is void where prohibited.

We do not warrant that the quality of any Product, information, or other material purchased or obtained by You will meet Your expectations, or that any defects in the Products will be corrected.

OPTIONAL TOOLS AND THIRD PARTY LINKS

We may provide You with access to third-party tools which We neither monitor nor have any control over nor do We provide any input nor take any responsibility for. You acknowledge and agree that we provide access to such tools on an "as is basis" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by You of optional tools offered through the Platform is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

Certain content and services available via our Platform may include materials from third-parties.

Third-party links on this Platform may direct You to third-party Platforms that are not affiliated with Us. We are not responsible for examining, verifying or evaluating the content or accuracy of the same and We do not warrant and will not have any liability or responsibility for any third-party materials or Platforms, or for any other materials, or services of third-parties.

We are not liable for any harm or damages, directly or indirectly, related to the purchase or use of services, resources, Content, or any other transactions made in connection with any third-party platforms.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party services should be directed to the third-party.

Buyer comments, feedback and other submissions

If, at Our request, You send certain specific submissions (for example contest entries) or without a request from Us, You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us.

We are and shall be under no obligation to:

  • maintain any Comments in confidence;
  • pay compensation for any Comments;
  • respond to any Comments; or
  • verify, monitor, edit or remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You undertake that your Comments will not violate any applicable law and right of any third-party, including, but not restricted to, copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your Comments will not contain libelous or otherwise unlawful, abusive, offensive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Platform. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments You make and their accuracy. We take no responsibility and assume no liability for any Comments posted by You or any third-party or any claims that may arise as a result of them.

PERSONAL INFORMATION AND PRIVACY POLICY

Your submission of personal information such as registration details, Transaction details and debit/credit card information etc., is subject to and is governed by Our Privacy Policy, as updated from time to time at https://www.coolwinks.com/privacy-policy/. The collection, verification, audit and maintenance of correct and updated Buyer information is a continuous process and the Company reserves the right, at any time, to take steps necessary to ensure compliance with all relevant [and applicable KYC guidelines issued by the regulator.]

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, service shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Platform is inaccurate at any time without prior notice (including after You have submitted Your order for a Transaction or initiated a Transaction).

We undertake no obligation to update, amend or clarify information in relation to the Products or on the Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Product or on the Platform, should be taken to indicate that all information on the Product or on the Platform has been modified or updated.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that Your use of the Platform will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Platform will be accurate or reliable. You agree that from time to time we may remove any of the Services for indefinite periods of time or cancel the same at any time, without notice to you.

You expressly agree that Your use of, or inability to use, the Platform is at Your sole risk. The services provided to You through the Platform are (except as expressly stated by Us) on an 'as is basis' and 'as available' for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a purpose, durability, title, and non-infringement.

In no case shall Company our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your purchase of any of the Products, use of any of the Platform, or for any other claim related in any way to Your use of the Platform, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Platform or any Content (or service) posted, transmitted, or otherwise made available via the Platform, even if advised of their possibility. In states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

The Company does not represent, warrant, promote, advertise, claim, market and/or testify (i) the Products and/ or any content thereof on the Platform and/ or its accuracy, viability and merchantability, profitability whatsoever; (ii) the Platform as a whole or any of its parts/tools for their safety, reliability, stability, scalability, accuracy, speed, cost, quality, flexibility, benefits and/or regulatory compliance required for the Platform and the services provided therein.

The Company, nor its affiliates nor any of their respective directors, officers, employees or agents shall be liable for any losses or damages resulting from (i) the hacking, tampering or other unauthorized/illegal access or use of the Company technologies, Buyer Account or the information contained therein, , (ii) failure of any Transaction due to the reason attributed to (a) the participating banks whose credit or debits cards are being used by the Buyer for the Transaction and (b) any other third party service provider, (c) failure on part of payment gateways facilitating payments for a Transaction, (iv) any failure or deficiency in supplying/delivering Products to the Buyer including inter alia any delay in pick-up, delivery of the goods from the Buyer’s location or furnish of any document, consent, approval required for the Products by the Buyer (v) any technology failure such as slow working of Platform, site crashes, uptime, downtime, failure of payment gateways, call center services.

Notwithstanding any other provision of this Buyer Agreement, in no event, either Party, a party’s direct or indirect subsidiaries, affiliates, agents, employees or representatives be liable for (i) any indirect, incidental, special, punitive, exemplary or consequential damages of any kind in connection with or arising out of this Agreement, or (ii) any lost profits, any loss of revenue or any compensation for anticipated sales or the cost of procurement of substitute services or for any costs, expenses, expenditures, investments or other commitments made in reliance upon or otherwise in connection with or arising out of this Agreement, under statute, in equity, at law or otherwise, whether or not the respective party has been advised of the possibility of such damage.

We specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired Products purchased by You and We shall not assume any liability if the Products purchased or availed by You is not exactly as per specifications detailed in the purchase confirmation order issued at the Platform.

[In no event shall our total cumulative liability to the Buyer for any and all claims relating to or arising out of the Buyer use of the Platform, regardless of the form of action, exceed INR [=] (Indian Rupees [=] only). In no event shall the Company be liable to the Buyer (or to any third party claiming under or through the Buyer) for any indirect, special, incidental, consequential or exemplary damages arising from the Buyer use of, or inability to use, the Platform. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, any other commercial damages or losses, even if the Company knew or should have known of the possibility of such damages.]

COPYRIGHT AND TRADEMARK

Each time You upload the Content, You grant the Company a worldwide non-exclusive, transferable, royalty free license to use any such content including by way of distribution, storage, hosting, sub-license, reproduction, communication, creation of derivative works, and modification of such Content. You accept that such license will not terminate upon Your deletion or removal of the Content or other uploaded Content in respect of which it is granted; and shall continue to be used by the Company, on the Platform.

You agree, confirm and undertake that:

  • All copyright, database right and all other proprietary rights, title and interest in all Content and or information presented on this Platform ("IP") is owned by and/or licensed to Company or is owned by and/or licensed to the person uploading such Content and is or may be protected or covered by copyright, trade mark, intellectual property law and/or other proprietary rights, unless expressly stated otherwise;
  • No extracts of this Platform or part thereof shall be displayed, printed or downloaded by You or with Your assistance, for any reason, including without limitation to commercialise any IP in any way;
  • Your use of this Platform does not confer on You or any other party, any licence or other rights under the intellectual property or other proprietary rights of Company or any third party, whether implied or otherwise; and
  • Company shall not be held liable for any claims relating to infringement of any intellectual property rights in relation to the Platform and/or the Contents.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of or in connection with Your (i) actual or alleged breach of these Terms of Platform or the documents they incorporate by reference, or (ii) Your violation of any law or the rights of a third-party, or (iii) usage of the Platform, or (iv) information (including inter alia address provided on the Platform and the information provided for a Transaction) provided by You, or (v) any fraud, misconduct, negligence by You.

SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

These Terms of Platform are effective unless and until terminated by either: (i) Us, in our sole discretion, at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to the Platform (or any part thereof); or (ii) as mutually agreed to between the Company and the Buyer, in writing.

Upon termination of the Buyer Agreement, the Buyer agrees: (a) to continue to be bound by such provisions of this Buyer Agreement which survive by their nature, (b) to immediately stop using the Platform and pay to Company all outstanding fees/ amounts as informed by the Company, (c) that the Company reserves the right to delete all of information of the Buyer and related account data stored on the Company’s servers including the Buyer Account, (d) that the Company shall not be liable to the Buyer or any third party claiming through the Buyer or independently for termination of access to the Platform or related account data including the Buyer Account; (e) to provide all records, data, documents in its possession to the Company; (f) to return all assets, materials and destroy software belonging to the Company; and (g) the Company shall disconnect any and all Platform for the Buyer and Buyer Account.

ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Platform shall not constitute a waiver of such right or provision. These Terms, Privacy Policy and any other policies or operating rules posted by Us on this Platform and as amended from time to time constitutes the entire agreement and understanding between You and Us and govern Your use of the Platform, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed in accordance with the laws of India without giving effect to any principles or conflicts of law. The courts in Gurugram, Haryana shall have exclusive jurisdiction over any dispute arising from use of the Platform.

SERVICE

The Company is committed to investigate the cause of non-performance with all parties involved. Redressal mechanism for complaints along with the escalation matrix has been set out In case of any grievances, you may contact the officer at support@coolwinks.com or call Us on [0124 - 4445800] or email support@coolwinks.com.

FORCE MAJEURE

Notwithstanding the provisions herein, the Buyer shall not be eligible for liquidated damages, damages or any cost or termination for default against the Company, if and to the extent that the delay in performance or other failure to perform its obligations is the result of an event of Force Majeure. If a Force Majeure situation arises, the Company shall as soon as reasonably possible notify the Buyer in writing of such conditions and the cause thereof.

ASSIGNMENT

The Company shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates and group companies, without the any consent of the Buyer.

CONTACT INFORMATION

Questions about the above terms should be sent to us at support@coolwinks.com.

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