1. Introduction
Welcome to Cocochello (“Company”, “we”, “our”, “us”)!
These Terms of Service (referred to herein-after as “Terms” or “Terms of Service”) govern your use of our website located at www.cocochello.com (together, collectively or individually referred to as “Service”) operated by Cocochello.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.
Your agreement with us includes these Terms and our Privacy Policy (referred to herein-after as “the Agreement”/“the Agreements”). You acknowledge that you have read and understood the said Agreement, and agree/ assign your consent to be bound of the same.
If you do not agree with (or cannot comply/ align with) the Agreements, then you may refrain the use of the Service. These Terms apply to all visitors, users and others who wish to access or use our Service.
2. Communications
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and any other information we may deem as required to be sent. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by e-mailing us with regard to the same, at cocochellothestore@gmail.com.
3. Purchases
If you wish to purchase any product, item or service made available through our Service (referred to hereinafter as “Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information, all of which shall be deemed as duly privileged information, and safeguarded by us under our privacy policy.
Furthermore, You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, accurate and complete.
We may, at our own behest, employ the use of third party services for the purpose of facilitating payments and the completion of Purchases, as and when necessary. By submitting your information, you grant us the deemed right/ authority to provide the information n to the above-mentioned third parties, subject to our Privacy Policy.
We reserve the right in entirety, to refuse or cancel your order at any given point of time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, provision of inaccurate/ inappropriate details, or any other reasons, whatsoever.
We reserve the right to refuse/ revoke/ suspend or cancel your order if any fraudulent act or any unauthorized/ inappropriate or illegal transaction is suspected at your behest.
4. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively referred to herein-after as “Promotions”) made available through our Service may be governed by Laws, Bye-laws, rules and regulations that are separate and distinct from these Terms of Service. If you participate in any Promotions, please review the applicable Laws, Bye-laws, rules and regulations as well as our Privacy Policy. If the Laws, Bye-laws, rules and regulations for a Promotion conflict with these Terms of Service, any Laws, Bye-laws, rules and regulations with regard to Promotion shall apply.
5. Refunds
We do not issue refunds. In case there is any defect/ inaccuracy in the product, you can directly mail us your grievances, in line with Consumer Protection Laws, applicable for the time being in force, within a period of 48 hours, at cocochellothestore@gmail.com with specific details/deviation from date and time of receipt of product, after which none will be entertained. All orders are non-refundable.
6. Content
Content found on or through this Service are the sole and undisputed property of Cocochello or used with permission. In order to distribute, modify, transmit, reuse, download, repost, copy, or use the said Content, any designs, features, style pattern or artwork of “cocochello” whether in whole or in part, for any commercial purposes or for any personal gain or usage whatsoever must be obtained with categorical and expressed advance written permission from Cocochello.
7. Prohibited Uses
You may use the Service only for lawful and legitimate purposes, and the user of the said Service is to be in accordance with Terms, as more particularly set out herein. You agree not to use the Service:
0.1. In any way that violates any Rules, regulations, Laws, Bye-Laws applicable national or international.
0.2. For the purpose of exploiting, subjecting, harming, or attempting to exploit or harm minors in any way, by exposing them to inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar representation/ solicitation, whatsoever.
0.4. To impersonate or attempt to impersonate any Company, venture,business,Joint-Venture,partnership,Administrative/Executive/Political/Government body, or any Officer/Employee/Representative of the same, any Company employee, any other user, or any other person or entity, whatsoever.
0.5. In any way that infringes upon the rights of others/ public at large, or in any way is illegal, Illegitimate, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company ,business, Joint-Venture,partnership,Administrative/Executive/Political/Government body, or any Officer/Employee/Representative of the same, or users of Service or expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through the Service.
0.2. Use any manual process to monitor, infringe, replicate or copy any of the material on Service or for any other unauthorized purpose without our prior written consent and acknowledgment.
0.3. Use any device, software, Application or routine that interferes with the proper working and functioning of Service.
0.4. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
0.5. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to the Service.
0.6. Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
0.7. Take any unauthorized/ unsubstantiated/uncorroborated action that may damage or falsify Company rating.
0.8. Otherwise attempt to interfere with the proper working/ functioning of the Service.
8. Analytics
We may use, at our behest and responsibility, any third-party Service Providers to monitor and analyse the use of our Service.
10. Accounts
When you create an account with us, you guarantee that the information you provide us is accurate, complete, legitimate and accessible at all times. Inaccurate, incomplete, illegitimate, inaccurate or obsolete information may result in the immediate termination/ revocation/ suspension of your account on the Service.
You are solely and personally responsible for maintaining and preserving the confidentiality of your account and password, including but not limited to the restriction of access by any stranger/ illegitimate entity, to your computer and/or account. You agree to accept and acknowledge full responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware regarding any breach of security or unauthorized/ illegal/illegitimate use of your personal account.
You may not use as a username the name of any another person or entity, illegal or otherwise, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username/ any name that is offensive, vulgar or obscene to any religion/race/caste/sex/sect/creed, whatsoever.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion, in event of any contradiction of above terms at your behest.
11. Intellectual Property
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive and undisputed property of Cocochello and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks shall not be permissible for use in connection with any product, goods or services, without the prior written consent and acknowledgement of Cocochello.
12. Copyright Policy
We respect the intellectual property rights of other service-providers/Companies/ventures/partnerships. We are legally liable and responsible as per our policy to respond to any claim/ dispute/ case, regarding the infringement of any copyright or other intellectual property rights, the Content posted on Service infringes on the (“Infringement”) of any other person or entity.
If you are a copyright owner, or authorized on behalf of one, and if, as per the knowledge/ information/ belief held by you it appears that the copyrighted work has been copied in a way that constitutes a copyright infringement, be pleased submit your claim via email to cocochellothestore@gmail.com with substantial evidence, with the subject line: “Copyright Infringement” and include in your claim along-with a detailed description of the alleged Infringement as detailed below, under “Notice and Procedure for Copyright Infringement Claims”
You shall be held personally and solely accountable for damages (including costs/ penalties/ compensations and attorneys’ fees) for misrepresentation, illegal/ illegitimate/ baseless/concocted/frivolous/ misconceived or bad-faith allegations/claims on the infringement of any Content found on and/or through Service on your copyright.
13. Error in Reporting and Feedback
You may provide us with your feedback, either directly at cocochellothestore@gmail.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (referred to herein as “Feedback”). You acknowledge, confirm and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) the Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential/ privileged information or proprietary information from you or any third party; and (iv) the Company is not under any obligation of confidentiality with respect to the Feedback provided by you. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) the Feedback in any manner and for any purpose.
16. Disclaimer Of Warranty:
THESE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE DISCRETION AND RISK.
NEITHER THE COMPANY, NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY, GUARANTEE OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER/ SERVICE-PROVIDER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Limitation Of Liability
SAVE AND EXCEPT AS PROVIDED FOR, BY THE LAW AT THE TIME BEING IN FORCE, YOU WILL NOT HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE. HOWEVER, IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY STATE, CENTRAL OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.(PRAKKASH BHAI TO CHECK AND MODIFY)
18. Termination
We may terminate, deactivate, revoke or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the present Terms and Conditions, as stated herein-above.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of Terms, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
19. Governing Law:
These Terms shall be governed and construed in accordance with the laws of India, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
20. Changes To Service:
We reserve the right to withdraw, add or amend our Service, and any additional service or material we provide via the Service, in our sole discretion without notice. We will not be liable, if for any reason, all or any part of Service is unavailable at any time or for any period, due to any unforeseen/uncontrolled circumstance such a as a pandemic, war, riot, affray, military governance, act of God, Force Majeure etc.. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users, for reasons aligned with the present Terms.
21. Amendments To Terms:
We may amend Terms at any time by posting the amended terms on our website, as and when deemed appropriate/ necessary. It is your responsibility to review these Terms, and remain updated with the same, from time to time.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding in totality on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
22. Waiver And Severability:
No waiver by the Company of any term or condition set forth in Terms shall be deemed as a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision, unless expressly stated.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
23. Acknowledgement:
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
24. Contact Us:
Please send your feedback, comments, requests for technical support by email: cocochellothestore@gmail.com.
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Thanks & Warm Regards,
Team Cocochello
M: +91 98332 62593
E: cocochellothestore@gmail.com
IG: https://www.instagram.com/cocochello/
W: www.cocochello.com