1. TERMS AND CONDITIONS APPLICABLE TO USERS
1.1 Users must be 18 years of age or older to register, or visit or use the Services in any manner. By registering, visiting or using the Services, you hereby represent and warrant to Cocopalm Swimwear that you are 18 years of age or older, and that you have the right, authority and capacity to use the Services, and agree to abide by the Agreement. If a User is below 18 years of age, it is assumed that he/ she is using/ browsing the Platforms under the supervision of his/ her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products, on behalf of the minor User. Should Cocopalm Swimwear be made aware that a User is under the age of 18 and is using/ browsing the Platforms without the supervision of his/ her parent or legal guardian, Cocopalm Swimwear reserves the right to deactivate such User’s account without further notice.1.2 The contents of Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platforms or any of the other Services are the property of Cocopalm Swimwear, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors and sister companies, as the case may be (“Cocopalm Swimwear”), and are protected under copyright, trademark and other applicable laws. Cocopalm Swimwear has filed its application for registration under the Trade and Merchandise Act and Rules under different classes and awaiting registration. Any violation of our trademarks will be liable for legal action.You shall not modify the Cocopalm Swimwear Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the Cocopalm Swimwear Content in any way for any public or commercial purpose or for personal gain.
1.3 Cocopalm Swimwear authorises you to view and access the Cocopalm Swimwear Content solely for non commercial purposes like identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy, if any Cocopalm Swimwear , therefore, grants you a limited, revocable permission to access and use the Services. This permission does not include a permission for carrying out any resale of the Products or commercial use of the Cocopalm Swimwear Content, any collection and use of product listings, description, or prices, and, any derivative use of the Platforms or of Cocopalm Swimwear Content.
1.4 You agree to maintain and promptly update all data provided by you and to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, incomplete, or if Cocopalm Swimwear has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, not current, incomplete, or not in accordance with the terms of the Agreement, Cocopalm Swimwear reserves the right to indefinitely suspend, terminate or block your access to the Platforms, and refuse to provide you with access to the Platforms in future.
1.5 You understand that on your registration as a User or on your purchase of Products on the Platforms, you may receive text messages and/or emails from Cocopalm Swimwear on your registered mobile number and/or email address. These messages and/or emails could relate inter alia to your registration, Cocopalm Swimwear’s acceptance or rejection of your offer to purchase a Product, payment information, Product despatch information, information pertaining to other activities you carry out on the Platforms and information pertaining to the promotions that are undertaken by Cocopalm Swimwear (or third parties in connection with the Platforms) from time to time. It is specifically clarified that a text message and/or an email confirming the receipt of your order is not an acceptance from Cocopalm Swimwear that the Product will be delivered. Cocopalm Swimwear’s acceptance to your offer to purchase shall occur and conclude only when the Products have been delivered by Cocopalm Swimwear and a text message and/or email confirming such delivery is visible on your tracking link. Cocopalm Swimwear, at all times, reserves the right to limit the quantity of items in, or cancel an order anytime before the delivery.
1.6 Any communication from Cocopalm Swimwear shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platforms in the event there is a change. Further, Cocopalm Swimwear may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While Cocopalm Swimwear shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Products with you, Cocopalm Swimwear shall not be held liable for any failure to send such notifications or reminders to you.
2. WHAT USER OR CUSTOMER INFORMATION DOES COCOPALM.ONLINE COLLECT?
2.1 Your contact details such as customer name, email address account password, phone number and shipping address.
2.2 Your transaction or banking details such as credit/debit card number, cardholder name, expiration date and CVV and/or other information as required for internet banking or other payment instruments is not held by Cocopalm Swimwear but is held by our Payment Gateway partner (RAZORPAY). Our payment gateway partner is "VeriSign Secured" and "PCI-Compliant" which ensures the highest standards of protection and security for your information.
2.3 Your previous orders and transactions including the product and pricing details, the date of purchase, transaction information, payment history etc.
2.4 Information from optional online surveys on our and/or third party sites (posted by CocopalmSwimwear.online) which may include demographic information (like gender, age, income) as well as product and service preferences of users.
3.USER COVENANTS AND OBLIGATIONS
3.1 You are also prohibited from violating or attempting to violate the integrity or security of the Platforms or the Cocopalm Swimwear Content transmitting any information on or through the Platforms that is disruptive or competitive to the provision of Services by Cocopalm Swimwear intentionally submitting on the Platforms, false or inaccurate information using any engine, software, tool, agent or other mechanisms (such as spiders, robots, crawlers, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platforms; attempting to decipher, decompile, disassemble or reverse engineer any part of the Platforms; or copying or duplicating in any manner any of the Cocopalm Swimwear Content.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 All the intellectual property used on the Platforms by Cocopalm Swimwear, including the Cocopalm Swimwear Content, shall remain the property of Cocopalm Swimwear, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or of any third party hosting such intellectual property on the Platforms. Except as provided in the Agreement, the materials may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Cocopalm Swimwear, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or any third party hosting such material on the Platforms, as the case may be.
4.2 Cocopalm Swimwear has filed its application for registration under the Trade and Merchandise Act and Rules under different classes and awaiting registration. Any violation of our trademarks will be liable for legal action.
4.3 If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at email@example.com and let us know of your concerns.
5.1 You acknowledge and undertake that you are accessing the Services and purchasing the Products at your own risk and that you are using prudent judgement before placing an order for a Product or availing any Services through the Platforms. Cocopalm Swimwear shall, at no point, be held liable or responsible for any representations or warranties in relation to the Products. Refund of the price paid for the purchase of a Product or replacement thereof shall be governed by the Return and Refund Policy which may be accessed on the site.
5.2 The maximum aggregate liability of Cocopalm Swimwear, in respect of all Services provided, and all transactions undertaken by the User by using the Services, shall be limited to a maximum of INR 1,000 (Indian Rupees one thousand).
You hereby agree to indemnify and hold harmless Cocopalm Swimwear, its affiliates, officers, directors, employees, consultants, licensors, agents and representatives from any and all claims, losses, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your access to or use of the Services or Products, (ii) violation of the Agreement, (iii) infringement, or infringement by any other user of your account with Cocopalm Swimwear, (iv) action or inaction on behalf of Cocopalm Swimwear’s third party affiliates, manufacturers, vendors, suppliers and logistic partners in providing services; and (v) infringement of any intellectual property or other right of any person or entity. Cocopalm Swimwear shall notify you promptly of such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide Cocopalm Swimwear with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.
7. TERM AND TERMINATION
The Agreement will remain in full force and effect while you use any Service in any form or capacity.
Cocopalm Swimwear reserves the right to terminate its Services provided to you in the event of breach of any terms contained in the Agreement, misrepresentation of information, any unlawful activity or if Cocopalm Swimwear is unable to verify or authenticate any information you submit to it.
The User may terminate the Agreement at any time, provided that the User discontinues any further use of the Platforms or Services.
It is specifically clarified that any termination of the Agreement by a User shall not cancel the User’s obligation to pay for a Product purchased on the Platforms, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.
Any provision of the Agreement which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Agreement shall survive the termination or expiration of the Agreement.
All notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address:
Postal Address: 15d Ram Mohan Dutta Road, Bhawanipur, Kolkata 700020 Email Address: firstname.lastname@example.org