Terms of Use

Introduction

CoCreed Policy Solutions Pvt Ltd, a company incorporated under the Companies Act, 2013 and having its registered office at D15-704, AWHO Sandeep Vihar, Kadugodi-Hoskote Road, Kannamangala, Bengaluru 560067 (“Co-Creed”) is a research think-tank cum consultancy initiative focused on delivering policy solutions to residential communities and cooperative agencies using the collaborative means and the latest digital platforms for ease, efficiency, and consensus building.

For purposes of these terms of use, “you” and “your” means you as a User of the Platform, “we”, “us” or “our” refer to Co-Creed or its subsidiaries, parent or group entities, or affiliates as deemed so by Co-Creed.

The website www.cocreed.in (“Website”) is owned, operated, and managed by us i.e., Co-Creed. If you continue to access, browse, and use this Platform for all the services and products offered and supplied via the Platform, and to transact with such products and services (collectively the “Services”), you are agreeing to comply with and be bound by the following terms and conditions of use (as amended from time to time), which together with our Privacy Policy (collectively, “Platform Policies”) govern Co-Creed’s relationship with you in relation to the usage of this Platform.

Additional terms: If you are accessing the Platform or the Services through a third-party store mobile/ web application, then while these Platform Policies shall apply to such use, there may be additional terms located on such platforms which will govern the use of the Platform. These additional terms to the extent applicable are hereby deemed to be incorporated in these terms of use by way of reference.

Promotions: From time to time, among other things, we may offer promotions on the Platform, which may be subject to additional terms and conditions. We may modify or discontinue any of these promotions at any time without notice to you.

These terms of use shall be applicable to all users of the Platform including you (“Users”). Notwithstanding anything contained herein, we reserve the right, without prior notice, to restrict access or use of certain Services or the Platform (or any features within the Services or Platform) by any User at our sole discretion, subject to other conditions that we may impose at our discretion.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE OR THE PLATFORM POLICIES, PLEASE DO NOT ACCESS OR USE THE PLATFORM OR THE SERVICES.

Licenses

Services are provided and licensed to the User for specific purposes subject to such express limitations and restrictions prescribed by Co-creed, and are not sub-licensable. Other than those expressly granted by Co-creed herein, you acknowledge and agree that no license, partially or otherwise, with respect to any intellectual property owned by Co-Creed shall be deemed or implied to be granted to you by Co-Creed as a result of your use or access of the Platform or the Services.

Provided however, you grant us a non-exclusive, royalty-free, transferable, perpetual, and world-wide licence to host, use, distribute, operate, publish, sell, copy, publicly perform or display, translate, and create derivative works of your content (as per your privacy and application settings) made available on the Platform.

Eligibility to Use

Our Services and the Platform are only available to Users who are 18 years and above of age and otherwise legally competent to enter into a contract under Indian laws.

By accessing or using the Services or Platform, you agree that you are entering into a legally binding agreement with Co-Creed and confirm that you are capable of forming a binding contract under Indian laws and that you read and accept these terms and consent to the Platform Policies as updated regularly by us. If you do not agree to these terms of use, you must not access or use the Services or the Platform.

Terms of Usage

Unless otherwise provided, the use of this Platform and the Services is subject to the following terms:

The content of the pages of this Platform are for your general information and use only.

The Platform uses cookies to monitor browsing preferences. If you do allow cookies to be used, some personal information may be stored by us for use by third parties. Refer to our Privacy Policy here <<<<Insert Link>>>> for more details.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timelines, performance, completeness, or suitability of the information and materials found or the Services offered on this Platform, when these need your matching application during use/ implementation. You acknowledge that such information and materials or the Services may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

While we have taken due efforts to ensure our products are safe, any use information, materials, products or services on this Platform without matching application is entirely at your own risk, for which we shall not be liable.
This Platform contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, content, layout, look, appearance and graphics (“Platform Content”). Reproduction of the Platform Content is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All the material featured on this Platform is subject to copyright protection. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any of the Platform Content, and (b) you will not copy, reproduce, download, compile, or otherwise use any Platform Content or any Services for the purposes of operating a business that competes with Co-Creed, or otherwise commercially exploiting the Platform Content.

The intellectual property rights contained in the Services and the Platform hereunder shall vest solely with Co-Creed and be the sole property of Co-creed. Users shall at all times remain fully liable and responsible for and further agrees to indemnify, defend, and hold harmless Co-Creed from and against any infringement claims that may arise from or in connection with such intellectual property.
All materials or information furnished by the Users on the Platform shall at all times remain the exclusive property of Co-Creed. Nothing contained herein shall be construed as granting to the Users, or any third party, by implication, estoppel, or otherwise, any license or other right to such intellectual property. Neither the Users nor any third party shall have any claim, right, title, or interest whatsoever in any such intellectual property and shall not purport to, directly or indirectly, claim or exercise any rights of any kind or seek any registration of such intellectual property or any derivatives therein. Further, no right is granted by Co-creed for the use or access of any intellectual property directly or indirectly other than as expressly permitted under these terms of use.
Any unauthorised use of this Platform may give rise to a claim for damages and/or be a criminal offence.
Use of the Platform might require compatible devices, internet access, and even certain software (for which additional fees may or may not apply). Use of the Platform may also require periodic updates and may be affected by the performance of these factors. High-speed internet access is strongly recommended for regular use. The latest version of required software is recommended to access the Platform and may be required for certain transactions or features and to download products purchased or acquired from the Platform. You agree that meeting these requirements, which may change from time to time, is your sole responsibility. The Services provided by the Platform are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee You access to the Services.

Restrictions on Use

You shall not host, display, upload, modify, publish, transmit, update, or share any information which:

belongs to another person and to which you do not have any right to;

is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women";

harasses or advocates harassment of another person;

involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;

infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, phone number or any other personal information) or rights of publicity;

contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;

provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or sharing or creating computer viruses;

contains unauthorized video, photographs, or images of another person (with a minor or an adult);

tries to gain unauthorized access or exceeds the scope of authorized access to the Platform/Services or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal information for commercial or unlawful purposes from other Users;

engages in any commercial activities and/or sales without our prior written consent including but not limited to contests, sweepstakes, barter, advertising, and/or pyramid schemes, or the buying or selling of "virtual" products related to the Platform or any other unauthorised activities;

interferes with any other User's use and enjoyment of the Platform or Services;

refers to any website or URL that, in Co-Creed’s sole discretion, contains material that is inappropriate for the Platform or any other website, or contains content that would be prohibited or violates the letter or spirit of these terms of use;

harm minors in any way;

infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or involves the sale of counterfeit or stolen products;

violates any law for the time being in force;

deceives or misleads the addressee/Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

impersonate another person;

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

is false, fraudulent, inaccurate, misinforming, or misleading;

directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; and
creates any liability for Co-Creed or cause Co-Creed to lose (in whole or in part) the services of our internet service provider or other suppliers or be in violation of any applicable law, rule, regulation or guideline for the time being in force.

Co-creed reserves the right to monitor the materials posted by Users on the Platform. Co-creed shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or the Platform Policies. Notwithstanding the above, you remain solely responsible for the content of the materials you post on the Platform. Such content posted shall not reflect Co-creed’s views and in no event shall Co-creed assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of the content and/or appearance of the content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all the content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

User Account, Password, and Security

In order to access, use, or avail the Services on the Platform, or facilitate the usage of the Platform for aforesaid Services, you agree to register and create an account on the Platform by providing details as may be required in the Privacy Policy (“Account”).

You are solely responsible for the information you provide to us. You shall ensure and confirm that the Account information and all information provided by you is complete, accurate, and up to date. If there is any change in the Account information, or if any information is found to be incomplete or incorrect, you shall promptly notify Co-Creed to update your Account information on the Platform.
If any information provided by you (or if Co-Creed has reasonable grounds to suspect that such information provided by you) is untrue, inaccurate, unauthorised, not current, or incomplete (or has become untrue, inaccurate, not current, or incomplete), Co-Creed reserves the express right, at its sole discretion, to refuse you access to the Services or the Platform at any time without notice for your failure to abide by the terms as set forth herein or to comply with applicable laws.

You will be responsible for the confidentiality of the Account information provided and fully responsible for all activities that take place on your Account. Your Account password or information should never be shared with any third party. If you suspect a third party has accessed your Account or knows your password, you should immediately notify us by writing to info@co-creed.com.

You agree to be completely accountable for all your Account activity on the Platform. If we believe you have violated these terms of use, we may disable your Account at any time. You may also be held liable to pay damages for losses caused due to unauthorised use of your Account as a result of your failure to keep your Account information secure and confidential.

Changes to the Service

Co-Creed may modify, amend, alter, or update these terms of use or any other Platform Policy at any time at its own sole discretion. The updated terms will be displayed on the website and by continuing to use the Services and/or accessing the Platform, you agree to be bound by any such changes/updates made by Co-Creed. It is your responsibility to regularly check these terms of use for such changes/updates. You agree that your continued use signifies acceptance of those changes/updates. You must discontinue using or accessing the Services or Platform if you disagree with such changes/updates.

Payment related Information

In order to avail, access, and/ or buy the Services, you undertake to use and provide valid bank details or other details required for facilitating payment towards the Services (“Payment Details”).

The information relating to the accepted payment methods on the Platform shall be displayed during the purchasing process.

To the extent permitted by applicable law and subject to the Privacy Policy, you acknowledge and agree that Co-Creed or certain third-party service providers, including payment gateways, may process payments and manage payment card information.

By providing the Payment Details, you represent, warrant, and covenant that: (a) you are legally authorized to provide such Payment Details; (b) you are legally authorized to make payments using such Payment Details; (c) such action does not violate the terms and conditions applicable to your use of such Payment Details or applicable law; (d) you are solely responsible for the transactions / payments made for the Services availed by you; and (e) You hereby consent and agree to comply with guidelines, instructions, requests, etc., as maybe made by us, as the case may be or a payment system provider from time to time, in relation to making payments on the Platform. Co-Creed may at its sole discretion provide the User with an option to add, delete, and edit the Payment Details that the User has provided through the Platform.

Except to the extent otherwise required by applicable law, Co-Creed is not liable for any payments authorized through the Platform using your Payment Details. Particularly, Co-Creed is not liable to the User for any payments that cannot be completed if User’s: (a) bank account or any other payment wallet does not contain sufficient funds to complete the transaction; (b) have not provided with correct Payment Details; (c) payment card has expired. Additionally, Co-Creed shall not be liable for such failed payments if the circumstances are beyond Co-Creed’s reasonable control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) which prevent the execution of the transaction.

Co-Creed shall not be responsible for any unauthorised transactions conducted on the Platform using your Payment Details and shall not be obligated to refund any money to you in such instances.

Co-Creed shall also have no obligation, responsibility, or liability to verify any transactions authorised by you.

The payment facility provided by Co-Creed or third-party service provider is neither a banking nor a financial service but is merely a facility providing an electronic, automated online electronic payment system, and receiving payment on delivery for the transactions on the Platform using the existing authorized banking infrastructure and card payment gateway networks, as may be applicable. For some payment methods, your issuer may charge you certain fees, such as transaction fees or other fees, relating to the processing of your transaction.

Taxes

You hereby agree that you shall be responsible for paying all fees associated with the use of the Website, if any, and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

Privacy and personal information

For information about Co-Creed’s data protection practices, please read Co-Creed’s Privacy Policy at <<<<Insert Link>>>> (“Privacy Policy”). This policy explains how Co-Creed treats your personal information and protects your privacy when you use the Services or the Platform. You hereby agree to the use of your data/information in accordance with Co-Creed’s Privacy Policy.

Other restrictions applicable on Users

You will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

You shall not make any defamatory or denigrating statement(s) about Co-Creed, or our brand name or otherwise act in any manner that might tarnish the reputation or standing of Co-Creed or of other Users on the Platform or otherwise tarnish or dilute any of Co-Creed’s trademarks, service marks, trading name, or the goodwill associated with them.

Unless expressly permitted, you shall not probe, scan, or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You shall not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or exploit the Platform or any Service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal information, other than your own information, as provided for by the Platform.

You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to bar any such activity.

You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.

You shall not use the Platform or any content, service, or product, for any purpose that is unlawful or prohibited by these terms of use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Co-creed and / or others.

Indemnification

You agree to defend, fully indemnify, keep indemnified, save, and hold harmless, Co-Creed, its founder, Mr. Kevin Augustine Desouza, its employees, directors, shareholders, officers, agents and representatives and to hold them harmless, from any and all damages, losses, claims, liabilities, costs, interest thereon or expenses of any kind, including reasonable attorney's fees, incurred, sustained by which may arise from or in connection with: (i) your submission, posting, or display of any User content; (ii) from your use of the Platform or Services; (iii) from your breach of these terms of use or breach of any applicable laws, including tax laws; (iv) any service availed by you from a third party service provider using any dispute inter-se Users; and/or (vi) your negligence or wilful misconduct.

Limitation of Liability

We shall not in any manner be liable to you for any failure or delay in providing the Services or for any temporary disablement, permanent discontinuance of the Services or the Platform by us or for any consequences resulting from such actions or reasons that are beyond our reasonable control.

You agree and acknowledge that the Services are being provided to you on a ‘as is’ and ‘as available’ basis and may be interrupted while browsing, transacting, using or uploading information on the Platform.

Co-Creed may allow you access to content, products, or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such third-party terms and conditions and/or privacy policies before using the Platform with respect to such content, products or services that you may avail. You acknowledge that Co-Creed has no control over such third parties' web sites and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.

Co-Creed shall neither be liable nor responsible for any actions or inactions of any User, nor any breach of conditions, representations or warranties of the products or services and hereby expressly disclaims any and all responsibility and liability in that regard. Co-Creed shall not have any obligation to mediate or resolve any dispute or disagreement that may arise amongst Users.

To the maximum extent permitted by law, Co-Creed makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or accurateness of any information provided on or through the Platform; Co-Creed does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Platform does not violate any third party rights; and Co-Creed makes no representations or warranties of any kind concerning any product or service offered or displayed on the platform.

Under no circumstances will Co-Creed be liable for any consequential, incidental, special, exemplary, or punitive damages, including but not limited to any lost profits that result from any Services availed, even if Co-Creed has been advised of the possibility of such damages.

Suitability of Services

When a Service is listed for sale on the Platform, User agrees that Co-Creed cannot and does not confirm each of such Services or its suitability for any User. While the Services have been prepared with adequate diligence and market feedback, Co-Creed encourages the Users to exercise discretion and caution while dealing with various Users or availing the Services. Each User acknowledges and undertakes that they shall use the Platform or Services only for lawful purpose.

Co-Creed does not control and is not liable to or responsible for the overly perceived quality, safety, suitability of any products or services, lawfulness or availability of the products or services offered for sale on the Platform, or the ability of the User to completely make adequate use of the Services.

The User agrees and acknowledges that the product/service images are mere representation of the product/service and not actual image of the product/service sold. While every reasonable effort is made to maintain accuracy of information on the Platform, actual product/service packaging, may contain more and/or different information than what is shown on the Platform. It is recommended to refer the information presented on the actual product/service packaging.

Force Majeure

Under no circumstances shall Co-Creed be held liable for any losses, delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, epidemics, pandemics, curfews, lock-down, orders of domestic or foreign courts or tribunals or non-performance of the Platform.

Communication

You hereby expressly agree to receive communications by way of SMS, telephone or calls, messaging app like WhatsApp on the registered mobile phone number and/or via electronic communications like e-mails from Co-Creed and other third parties duly authorised by Co-Creed. You hereby expressly consent to the monitoring and recording, by Co-Creed of any and all communications between you and Co-Creed, third party vendors or their agents, employees, consultants, contractors, or representatives of Co-Creed or of their authorised partners, and such monitoring or recording waives any further notice or consent requirement under the applicable laws.

You can unsubscribe or opt-out from receiving communications from Co-Creed by notifying us of such intentions of yours in writing. In which case, Co-Creed will only send communications solely required for the purposes of availing the Services by you.

Notices

All legal notices or demands to or upon Co-Creed shall be made in writing and sent to Co-Creed personally, by courier, certified mail, and via email to the following entity and address:

D15-704, AWHO Sandeep Vihar, Kadugodi-Hoskote Road, Kannamangala, Bengaluru 560067 Attn: Kevin Augustine Desouza

All legal notices or demands issued/made by Co-Creed to or upon you shall be effective if either delivered personally, sent by courier, certified mail to the last-known correspondence, or via email to the last known email address provided by the you to Co-Creed, or via SMS, WhatsApp messages, or in-app notifications, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge or through such other mode of communication as Co-Creed may deem fit in its discretion.

Notice to a User shall be deemed to be received by you if and when, Co-Creed is able to demonstrate that communication, whether in physical or electronic form, has been sent to you.

Disputes, Grievance Redressal and Refunds

You are welcome to reach out to us in case of any grievances / feedback with respect to the Platform or the Services, including with respect to any abuse on the Platform and/or any discrepancies or grievances with respect to processing of information to the Grievance Officer at the contact details mentioned below:

Name: Kevin A Desouza

Email Address: Kevindesouza@cocreed.in

Working Days: Monday to Friday (except on national/ state holidays).

Refunds, if any, shall be processed at sole discretion of Co-Creed on successful verification of a reasonable reason for refund.

We will strive to address your feedback and concerns in a timely and effective manner. The details of the grievance officer may be changed by us from time to time.

You agree not to undertake any action which may undermine the integrity of Co-Creed’s grievance redressal / feedback system.

Governing Law

These Platform Policies shall be governed and construed in accordance with the laws of India without reference to conflict of laws principles. Any claim against Co-Creed in relation to the Platform shall be adjudicated in courts in Bangalore, India and you agree to exclusive jurisdiction of these courts.

Date Last Modified

These terms of use were last modified on December 6, 2023.