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TERMS OF USE

  1. INTRODUCTION

    1. 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.

    2. THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE PLATFORM.

    3. The domain name [www.coffeee.io] along with all upgrades, updates, enhancement and modifications thereto (hereinafter referred as (“Platform"), is controlled, owned and managed by GONG LABS PRIVATE LIMITED, a company incorporated under the provisions of the Companies Act, 2013 and having its registered office at D-201, The Palm Springs, Golf Course Road, Sector-54, Urban Estate, Gurgaon- 122001 (hereinafter referred to as “Coffeee” or “We” or “Us” which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successors, affiliates, and permitted assigns).

    4. Please read this Terms of Use (“TOU”) carefully, as it contains the terms and conditions governing your use of the Platform and any content such as text, data, information, software, graphics, audio, video or photographs etc. that Coffeee may make available through the Platform and any services that Coffeee may provide through the Platform. Please do not access or use the Platform or otherwise click to accept this TOU, if and when prompted on the Platform, if you do not agree with any of the terms provided below or are unable to be bound by them. As a condition of your access to and use of the Platform, you hereby agree that you will comply with this TOU and all applicable laws and regulations when using the Platform.

    5. Coffeee reserves the right, at its sole discretion, to change, modify, add or remove portions of this TOU, at any time and will notify you at least once in a year, or whenever there is a change in the TOU, by email or by posting a conspicuous notice on the Platform. Your continued use of the Platform following the posting of changes shall be deemed to mean that you accept and agree to the revisions made to the TOU. As long as you comply with this TOU, Coffeee grants you a personal, revocable, non-exclusive, non-transferable, limited privilege to access and use the Platform.

    6. You should read the TOU and access and read all further linked information, if any, referred to in the TOU, as such information contains further terms and conditions that apply to you as a user of the Platform. Such linked information including but not limited to Coffeee’s privacy policy (“Policy” or “Privacy Policy”) is hereby incorporated by reference into this TOU.

  2. MEMBERSHIP ELIGIBILITY

    Use of the Platform is available only to natural persons resident in India who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform. Any person under the age of 18 shall not register on Platform and shall not transact on or use the Platform. If a minor wishes to use or transact on the Platform, such use or transaction may be made by the minor’s legal guardian or parents on the Platform. Coffeee reserves the right to terminate any person’s membership in accordance with the terms of this TOU and/or refuse to provide such person with access to the Platform if it is brought to the notice of Coffeee or if Coffeee discovers for itself that such person is not eligible to use the Platform.

  3. ACCEPTANCE OF TOU

    1. In order to use the Platform, you must first agree to this TOU. You can accept the TOU by:

      1. Signing up with Coffeee and logging onto Coffeee by using the Login Credentials (defined below);

      2. Actual usage of the Platform. In this case, you understand and agree that Coffeee will treat your use of the Platform as acceptance of the TOU from that point onwards; or

      3. By clicking to accept this TOU, if and when prompted on the Platform.

  4. OPENING AN USER ACCOUNT

    1. In order to use the Platform, you will have to create a User Account by signing up on the Platform (“User Account”), which can be done by providing/ using the following:

      1. Google login; or

      2. LinkedIn login; or

      3. GitHub login; or

      4. email address; or

      5. such other login credentials that are adopted by Coffeee from time to time and duly intimated to you. Upon entering the required details, you may either receive a One Time Password (OTP) on your preferred email address or any other medium adopted by Coffeee, for the purpose of verification of your User Account or your User Account may be verified by such other auto verification process adopted by Coffeee from time to time and duly intimated to you. Upon completion of verification, the User Account is created and is ready for use. You shall not transfer or share your User Account information with anyone or create more than one User Account.

    2. While signing-up on the Platform, you shall not:

      1. create an User Account for anyone other than yourself, unless such person's prior permission has been obtained;

      2. use an User Account that is the name of another person with the intent to impersonate that person.

      Coffeee cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

  5. USERNAME AND PASSWORD

    1. Once registered, in order to log into the User Account on the Platform, you will be required to provide the following:

      1. the e-mail used at the time of signing-up and One Time Password (OTP); or

      2. such other login credentials that are adopted by Coffeee from time to time and duly intimated to you for logging into the User Account on the Platform (“Login Credentials”).

    2. You shall be solely responsible for maintaining confidentiality of the Login Credentials, and to the extent allowed by law, you hereby accept responsibility for all activities on the User Account authenticated through the Login Credentials, whether authorized or not. You agree to keep Login Credentials confidential and secure, and you shall not give or make Login Credentials available, directly or indirectly, to any unauthorized individual. You acknowledge and agree that if you allow, whether through action or inaction, a person to gain access to the Login Credentials, with or without permission, you are authorizing that person to use the Platform through the User Account, and you shall be responsible for all actions that result from such access, even if you did not want the actions performed, and even if they are unauthorized or fraudulent. Coffeee shall not be held liable in any manner whatsoever for lack of any such authorization whilst creating or using the User Account.

    3. Coffeee cannot and will not be liable for any loss or damage arising from or arising out of your use of the Platform, theft of the Login Credentials, use of the Login Credentials or release of the Login Credentials to a third party or your authorization to allow another person to access and use the Platform using the User Account.

    4. In case of any misappropriation or unauthorized access of the User Account, you agree to communicate the same to Coffeee immediately, in a manner indicated by Coffeee. You shall further ensure that you exit/ logout from the User Account at the end of each session. Coffeee shall not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for any losses incurred by Coffeee or any other user of or visitor to the Platform due to authorized or unauthorized use of the User Account, as a result of your failure in keeping the Login Credentials confidential.

    5. You agree that the information provided by you to Coffeee, at all times (including during registration), will be true, accurate, up-to-date, and complete. You further agree that if you provide any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate or incomplete or if Coffeee has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete or not in accordance with this TOU, Coffeee shall have the right to indefinitely suspend or terminate or block access to the User Account on the Platform and refuse to provide you access to the Platform. You are advised to use due caution when providing any information to Coffeee accordingly.

    6. You understand that through registering on the Platform, you agree to comply with this TOU, and any other terms that may be notified to you in the future. If you do not agree with any of the terms, you are requested to not use the Platform. You agree that Coffeee shall be entitled to revoke, cancel and expire your access to the Platform if it comes to our notice that you are in violation of any of the terms contained in this TOU.

  6. SERVICES

    1. All users will need to register and comply with the terms of this TOU in order to be able to use and access the services on the Platform, which includes

      1. helping you build your profile documenting your academic and professional credentials (“Profile”);

      2. enable you to undertake a variety of assessment tests based on your skill set (“Assessment Test(s)”) and generate score cards based on your scores on the Assessment Test(s) (“Score Cards(s)”) for your Profile as a parameter for recruiters associated with the Platform;

      3. enable recruiters to view your Profile and contact you via the Platform for recruitment; and

      4. providing such other services as may be made available on the Platform from time to time (collectively, the “Services”). Coffeee is not and will not be responsible for any claim or for any damages suffered that are related, directly or indirectly, to or arising out of your use of any Service on or through the Platform.

    2. For the purpose of provision of any or all of the Services, understand and acknowledge that you will be required to provide certain personal, academic and professional information or such other information as may be requested by Coffeee (“User Information”). Since the Services will be provided based on the User Information shared by you, you undertake to provide accurate, complete and updated User Information as on the date of providing the User Information. Coffeee shall have no responsibility to verify the accuracy and completeness of such User Information shared.

    3. You understand that the Assessment Tests conducted on the Platform shall be conducted in a proctored manner. You shall be required to upload a profile picture on your Profile before you are allowed to undertake an Assessment Test. During your Assessment Test, you will be monitored at all times with the help of your device’s in-built camera. Coffeee may make use of third-party service tools for the same, with whom your information may be shared on a strictly need-to-know basis. Please do not use our Services if you do not consent to the same. Please refer to the Privacy Policy for details on how your information is used and collected. You further agree and understand that the Score Card generated post your Assessment Test shall be subject to your performance on the said Assessment Test, and the decision of Coffeee with respect to your score on the Score Card shall be final.

    4. You understand that Coffeee may share the information provided by you during the term of this TOU, your Profile, and your Score Card (as the case may be) with third-party recruiters who shall be onboarded onto the Platform (“Service Partners”). The details with respect to sharing of such information and the reasons for the same is provided in the Privacy Policy.

    5. You understand and agree that your Profile (and your Score Card) may be searchable to Service Partners on the Platform, and that they may contact you via. email/phone. \ You further understand that your Profile shall cease to be searchable to Service Partners on the Platform upon the deactivation or termination of your User Account.

    6. Coffeee does not take any responsibility for checking the authenticity of any communication that you may receive from the Service Partners or any other third-parties in connection with your Profile, and we urge you to practice adequate caution when interacting with such Service Partners and/or third-party recruiters.

    7. Coffeee is merely a technology platform service provider that assists you in building your Profile and generating your Score Cards based on your performance in the respective Assessment Test(s), and is not in the business of providing you with career opportunities. Further, Coffeee offers no guarantee that there would be a satisfactory response or any response at all from the Service Partners or any third parties upon creating your Profile on the Platform or undertaking the Assessment Tests on the Platform. Coffeee is not and will not be responsible for any claim or for any damages suffered that are related, directly or indirectly, to or arise out of the use of the Services on or through the Platform.

    8. You understand, acknowledge and agree that Coffeee merely acts as an intermediary in assisting you to connect with Service Partner and should you choose to proceed with a Service Partner, for any purpose whatsoever, Coffeee will not be a party to such interaction (including, without limitation, any payment transactions) and will take no liability arising from such interaction. Coffeee plays the role of a facilitator and therefore, the relevant Service Partner will be solely responsible for any dispute that may arise between you and the Service Partner relating to the content of the Profile and/or Score Card or otherwise. The responsibility for redressal of any of your complaints will rest solely with the relevant Service Partner at all times.

    9. The provision of Services on the Platform may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. Coffeee strives to keep the Platform up and running; however, all online services suffer occasional disruptions and outages, and Coffeee isn’t liable for any disruption or loss you may suffer as a result.

    10. Coffeee may discontinue some or all the services provided on the Platform, as it may deem fit, including certain features and the support for certain devices and platforms, at any time.

  7. AGREEMENT TO RECEIVE COMMUNICATION

    You hereby by way of accepting this TOU consent to the receipt of communication from Coffeee and/or its Service Partners by way of in app messages, Short Message Service (SMS) messages, WhatsApp messages, e-mails, promotional, marketing calls and newsletters. These emails could relate to your registration, transactions that you carry out through the Platform, promotions that are undertaken by Coffeee, services from Coffeee, its Service Partners and its third-party partners, as applicable.

  8. LINKS TO THIRD PARTY WEBSITES

    The Platform may contain links and interactive functionality interacting with websites of other third parties. Coffeee is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such other websites. Before enabling any sharing functions to communicate with any other website or otherwise visiting any such websites, Coffeee strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such other third-party website.

  9. USE OF THE PLATFORM

    1. You agree, undertake and covenant that, during the use of the Platform, you shall not in provide (as part of User Information), host, display, upload, modify, publish, transmit, store, update or share any information that:

      1. belongs to another person and to which you do not have any right, except as expressly provided in this TOU.

      2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another person's privacy, insulting or harassing on the basis of religion or gender, hateful or racially or politically motivated or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent or contrary to the applicable laws in force in any manner whatsoever.

      3. is misleading in any way.

      4. is harmful to minors.

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

      6. infringes upon or violates any third party's rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number).

      7. provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses.

      8. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, communities, User Account information, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Platform.

      9. engages in commercial activities without Coffeee’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.

      10. interferes with another person’s use of the Platform.

      11. impersonates another person.

      12. 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 foreign States.

      13. refers to any website or URL that, in Coffeee’s sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of this TOU.

      14. deceives or misleads the addressee/ users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact.

      15. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

      16. contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.

      17. violates any applicable law for the time being in force.

    2. You hereby accept full responsibility for any consequences that may arise from your use of the Platform, and expressly agree and acknowledge that in no event and under no circumstances shall Coffeee be held liable to you for any liabilities or damages resulting from or arising out of your use of the Platform. You shall not use anyone else’s User Account at any time.

    3. You agree and acknowledge that you shall not use the Platform and/or connect with any Service Partner for any fraudulent, malicious, illegal or unauthorized purpose/activities. You agree to use the Services provided by Coffeee in a responsible manner and comply with all applicable laws whilst using the Platform. You shall further use the Services provided on the Platform and/or connect with any Service Partner only for your personal use and not for business purposes.

    4. Coffeee shall have the right, but not the obligation, to monitor your access to or use of the Platform to ensure your compliance with this TOU or applicable laws, at its sole discretion.

  10. USERS’ POSTS AND REVIEWS

    1. The Platform may allow you to post certain content, data or information belonging to you, such as reviewing and allowing you to share your experience and views about a particular product/ service, and rate product/ service, post your comments and reviews in relation to the product/ service on the Platform on specific pages of the Platform, as well as submit/ post any suggestions, comments, questions or other information to Coffeee using the Platform (collectively referred to “User Content”).

    2. You, being the originator of the User Content, are responsible for the User Content that you upload, post, publish, transmit or otherwise make available on the Platform. You represent and covenant that you have obtained all relevant consents and approvals in order to post any User Content and shall not post any content relating to or owned by a third party for the promotion or sale of products/ services of such third party. You further represent that all such User Content will be in accordance with applicable laws. You acknowledge that Coffeee does not endorse any User Content on the Platform and is not responsible or liable for any User Content. Coffeee reserves the right to remove any third-party marketing material and disable access to the User Content on the Platform.

    3. You hereby grant Coffeee a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivative works of the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post or that you otherwise provide on or through the Platform; and that, as at the date that the User Content is posted or submitted on the Platform: (a) the User Content is accurate; (b) use of the User Content you supply does not breach this TOU; and (c) such User Content is lawful.

    4. You further represent and warrant that while posting any User Content on the Platform you shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, you shall not post any content on the Platform that is obscene, pornographic, constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.

  11. CONTENT AND INTELLECTUAL PROPERTY RIGHTS

    1. Except for User Content, all of the content and services and products provided on the Platform, including text, software, scripts, code, designs, graphics, photos and other content and the copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated therewith (“IP”) is owned by Coffeee or others (including without limitation, the third party service providers) that Coffeee licenses such content from, and is protected by copyright, trademark, patent and other intellectual property laws.

    2. You hereby acknowledge that the IP constitutes original works and has been developed, compiled, prepared, revised, selected, and arranged by Coffeee and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Coffeee and such others. You thereby agree to protect the proprietary rights of Coffeee and its other limited rights (including, as a licensee) during and after the term of this TOU. You may not selectively download portions of the Platform without retaining the copyright notices. You may download material from the Platform only for your own personal use and for no commercial purposes whatsoever.

    3. You shall use the Platform strictly in accordance with this TOU, and shall not, directly or indirectly,

      1. decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Platform;

      2. make any modification, adaptation or improvement, enhancement, translation or derivative work from the Platform;

      3. violate any applicable laws, rules or regulations in connection with your access or use of the Platform, including your use of any Content (defined below);

      4. remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Platform;

      5. use the Platform for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended;

      6. distribute or transmit the Platform or other services;

      7. use the Platform for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with this TOU;

      8. use the Platform for creating a service or software that is directly or indirectly, competitive with the Platform or any services offered by Coffeee; or

      9. derive any confidential information, processes, data or algorithms from the Platform.

    4. Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available remedies under applicable laws of the country.

  12. TERMINATION OF ACCESS TO APP OR DEACTIVATION OF SERVICE

    1. Your User Account can be terminated/deactivated at any time by:

      1. You, by ceasing to use the Platform.

      2. Coffeee, in its sole discretion for any reason or no reason, including your violation of this TOU or lack of use of Platform. You acknowledge that the termination of access to the Platform may be affected without any prior notice, and Coffeee may immediately deactivate or delete the User Account and all related information and/or bar any further access to the User Account or the services provided on the Platform, subject to applicable law.

    2. The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of this TOU.

  13. REFERRALS AND REWARDS

    From time to time, Coffeee may offer referral bonuses and rewards to you for inviting new users to the Platform and for completing other activities.

  14. RIGHTS & RESERVATIONS

    1. Coffeee reserves the right to:

      1. Make all decisions in relation to inter alia your registration with Coffeee;

      2. Request additional documents and additional information from you for the purpose of your registration as a user with the Platform or provision of the Services; and

      3. Deny access to the Platform or any portion thereof without notice for the following reasons:

        1. any unauthorized access or use by you;

        2. attempt(s) to assign or transfer any rights granted to you under this TOU;

        3. violation of any of the provisions of this TOU or any applicable laws.

  15. DISCLAIMER OF WARRANTIES

    THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM (COLLECTIVELY, THE "CONTENT") ARE PROVIDED BY COFFEEE AND/OR THE RELEVANT SERVICE PARTNERS ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. COFFEEE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, COFFEEE MAKES NO WARRANTY THAT THE PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE EFFECTIVE, ACCURATE OR RELIABLE. YOU ACKNOWLEDGE AND UNDERSTAND THAT THIRD PARTY SERVICES INCLUDING THE SERVICE PARTNERS ARE BEING MADE AVAILABLE ON THE PLATFORM IN RELATION TO WHICH COFFEEE MAY HAVE PARTNERSHIPS WITH SOME OF THESE THIRD PARTIES IN ORDER TO FACILITATE THE PROVISION OF SERVICES TO YOU THROUGH THE PLATFORM. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT COFFEEE, AT NO TIME, IS MAKING ANY REPRESENTATIONS OR WARRANTIES REGARDING PROVISION OF SERVICES BY ANY OF THESE THIRD PARTIES INCLUDING THE SERVICE PARTNERS NOR WILL COFFEEE BE LIABLE TO YOU OR ANY THIRD PARTY INCLUDING THE SERVICE PARTNERS FOR ANY CONSEQUENCES OR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. COFFEEE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENTS OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF PLATFORM IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COFFEEE OR THROUGH OR FROM THE PLATFORM OR CONTENT SHALL CREATE ANY WARRANTY. TO THE FULL EXTENT PERMITTED BY LAW, COFFEEE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE AND NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, COMPATIBILITY, APPLICABILITY, USABILITY, APPROPRIATENESS, FITNESS FOR A PARTICULAR PURPOSE OR USE AND ANY WARRANTY THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. YOU HEREBY AGREE TO WAIVE, RELEASE, DISCHARGE, AND HOLD HARMLESS COFFEEE, ITS AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (AS APPLICABLE), FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, EXPENSES AND CAUSES OF ACTION ARISING OUT OF THE SERVICES AVAILABLE ON THE PLATFORM AND FROM ANY CLAIMS YOU MAY HAVE AGAINST COFFEEE WITH RESPECT TO THE SERVICES PROVIDED BY ANY THIRD PARTY.

  16. LIMITATION OF LIABILITY

    In no event shall Coffeee, its affiliates and each of its respective officers, directors, employees and agents (as applicable) be liable for any special, incidental, indirect, consequential, exemplary or punitive damages, or loss of profit or revenues whatsoever resulting from any

    1. errors, mistakes, or inaccuracies of Content;

    2. any unauthorized access to or use of the secure servers and/or any and all personal and/or other user information stored therein;

    3. any interruption or cessation of transmission to or from the Services on the Platform or the failure of the Services to remain operational for any period of time;

    4. any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party;

    5. any loss of your data arising from any use of or inability to use any Content or other parts of the Platform;

    6. your failure to keep Login Credentials or User Account details secure and confidential;

    7. non-availability of the Services in certain geographical areas; and/or

    8. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via. the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not Coffeee is advised of the possibility of such damages. Coffeee shall not be liable under any circumstance for damages arising out of or in any way related to Services and/or information provided by third parties through the Platform.

  17. INDEMNIFICATION

    You shall indemnify and hold harmless Coffeee, its affiliates, and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this TOU, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

  18. PRIVACY POLICY

    Please review the Privacy Policy, which also governs your visit to the Platform and the use of the Services to understand Coffeee’s privacy practices. The personal information / data provided to Coffeee by you in form of User Information or otherwise during the course of usage of the Platform will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Platform.

  19. ASSIGNMENT

    You shall not license, sell, transfer or assign your rights, obligations, or covenants under this TOU in any manner without Coffeee’s prior written consent. Coffeee reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under this TOU to any third party.

  20. GOVERNING LAW AND DISPUTE RESOLUTION

    This TOU shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Gurgaon, Haryana. In the event of any dispute arising out of this TOU the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue and seat of arbitration shall be Gurgaon, Haryana.

  21. SEVERABILITY AND WAIVER

    This TOU, the Privacy Policy and other referenced material herein or on the Platform, are the entire agreement between you and Coffeee with respect to the products/Services offered on the Platform, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Coffeee with respect thereto and govern the future relationship. If any provision of this TOU is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOU will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

  22. GRIEVANCE REDRESSAL MECHANISM

    1. In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

      Name: [---]
      Email: [---]
      Phone No: [---]

    2. For registering your complaint, please contact the Grievance Officer at the above-mentioned details in relation to any violation of this TOU or the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.

  23. HOW TO CONTACT US

    If you have questions or concerns about this TOU, please contact Coffeee at the following email address: hey@coffeee.io

TERMS OF USE FOR SERVICE PARTNERS

  1. INTRODUCTION

    1. 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.

    2. THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE PLATFORM.

    3. The domain name [www.coffeee.io] along with all upgrades, updates, enhancement and modifications thereto (hereinafter referred as (“Platform”), is controlled, owned and managed by GONG LABS PRIVATE LIMITED, a company incorporated under the provisions of the Companies Act, 2013 and having its registered office at D-201, The Palm Springs, Golf Course Road, Sector-54, Urban Estate, Gurgaon- 122001 (hereinafter referred to as “Coffeee” or “We” or “Us” which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successors, affiliates, and permitted assigns).

    4. Please read this Terms of Use (“TOU”) carefully, as it contains the terms and conditions governing your use of the Platform and any content such as text, data, information, software, graphics, audio, video or photographs etc. that Coffeee may make available through the Platform and any services that Coffeee may provide through the Platform. Please do not access or use the Platform or otherwise click to accept this TOU, if and when prompted on the Platform, if you do not agree with any of the terms provided below or are unable to be bound by them. As a condition of your access to and use of the Platform, you hereby agree that you will comply with this TOU and all applicable laws and regulations when using the Platform.

    5. Coffeee reserves the right, at its sole discretion, to change, modify, add or remove portions of this TOU, at any time and will notify you at least once in a year, or whenever there is a change in the TOU, by email or by posting a conspicuous notice on the Platform. Your continued use of the Platform following the posting of changes shall be deemed to mean that you accept and agree to the revisions made to the TOU. As long as you comply with this TOU, Coffeee grants you a personal, revocable, non-exclusive, non-transferable, limited privilege to access and use the Platform.

    6. You should read the TOU and access and read all further linked information, if any, referred to in the TOU, as such information contains further terms and conditions that apply to you as a user of the Platform. Such linked information including but not limited to Coffeee’s privacy policy (“Policy” or “Privacy Policy”) is hereby incorporated by reference into this TOU.

  2. DEFINITIONS

    1. For the purpose of this TOU, wherever the context so requires, the term:

      1. “Service Partners” shall mean collectively, such third-party employers, recruiters, etc. who are onboarded onto the Platform.

      2. “Users” shall mean collectively, professionals who have registered their profiles on the Platform and/or who access and use the Platform.

  3. MEMBERSHIP ELIGIBILITY

    Use of the Platform is available only to legal persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform. Any person under the age of 18 shall not register on Platform and shall not transact on or use the Platform Coffeee reserves the right to terminate any person’s membership in accordance with the terms of this TOU and/or refuse to provide such person with access to the Platform if it is brought to the notice of Coffeee or if Coffeee discovers for itself that such person is not eligible to use the Platform. If you represent a person that is an entity, organization, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such person to this TOU.

  4. ACCEPTANCE OF TOU

    1. In order to use the Platform, you must first agree to this TOU. You can accept the TOU by:

      1. Signing up with Coffeee and logging onto Coffeee by using the Login Credentials (defined below);

      2. Actual usage of the Platform. In this case, you understand and agree that Coffeee will treat your use of the Platform as acceptance of the TOU from that point onwards; or

      3. By clicking to accept this TOU, if and when prompted on the Platform.

  5. OPENING A SERVICE PARTNER ACCOUNT

    1. In order to use the Platform, you will have to create a Service Partner Account by signing up on the Platform (“Service Partner Account”), which can be done by providing/ using the following:

      1. Google login; or

      2. LinkedIn login; or

      3. GitHub login; or

      4. email address; or

      5. such other login credentials that are adopted by Coffeee from time to time and duly intimated to you. Upon entering the required details, you may either receive a One Time Password (OTP) on your preferred email address or any other medium adopted by Coffeee, for the purpose of verification of your Service Partner Account or your Service Partner Account may be verified by such other auto verification process adopted by Coffeee from time to time and duly intimated to you. Upon completion of verification, the Service Partner Account is created and is ready for use. You shall not transfer or share your Service Partner Account information with anyone or create more than one Service Partner Account.

    2. While signing-up on the Platform, you shall not:

      1. create a Service Partner Account for anyone other than yourself, unless such person's prior permission has been obtained;

      2. use a Service Partner Account that is the name of another person with the intent to impersonate that person.

      Coffeee cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

  6. USERNAME AND PASSWORD

    1. Once registered, in order to log into the Service Partner Account on the Platform, you will be required to provide the following:

      1. the e-mail used at the time of signing-up and One Time Password (OTP); or

      2. such other login credentials that are adopted by Coffeee from time to time and duly intimated to you for logging into the Service Partner Account on the Platform (“Login Credentials”).

    2. You shall be solely responsible for maintaining confidentiality of the Login Credentials, and to the extent allowed by law, you hereby accept responsibility for all activities on the Service Partner Account authenticated through the Login Credentials, whether authorized or not. You agree to keep Login Credentials confidential and secure, and you shall not give or make Login Credentials available, directly or indirectly, to any unauthorized individual. You acknowledge and agree that if you allow, whether through action or inaction, a person to gain access to the Login Credentials, with or without permission, you are authorizing that person to use the Platform through the Service Partner Account, and you shall be responsible for all actions that result from such access, even if you did not want the actions performed, and even if they are unauthorized or fraudulent. Coffeee shall not be held liable in any manner whatsoever for lack of any such authorization whilst creating or using the Service Partner Account.

    3. Coffeee cannot and will not be liable for any loss or damage arising from or arising out of your use of the Platform, theft of the Login Credentials, use of the Login Credentials or release of the Login Credentials to a third party or your authorization to allow another person to access and use the Platform using the Service Partner Account.

    4. In case of any misappropriation or unauthorized access of the Service Partner Account, you agree to communicate the same to Coffeee immediately, in a manner indicated by Coffeee. You shall further ensure that you exit/ logout from the Service Partner Account at the end of each session. Coffeee shall not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for any losses incurred by Coffeee or any other user of or visitor to the Platform due to authorized or unauthorized use of the Service Partner Account, as a result of your failure in keeping the Login Credentials confidential.

    5. You agree that the information provided by you to Coffeee, at all times (including during registration), will be true, accurate, up-to-date, and complete. You further agree that if you provide any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate or incomplete or if Coffeee has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete or not in accordance with this TOU, Coffeee shall have the right to indefinitely suspend or terminate or block access to the Service Partner Account on the Platform and refuse to provide you access to the Platform. You are advised to use due caution when providing any information to Coffeee accordingly.

    6. You understand that through registering on the Platform, you agree to comply with this TOU, and any other terms that may be notified to you in the future. If you do not agree with any of the terms, you are requested to not use the Platform. You agree that Coffeee shall be entitled to revoke, cancel and expire your access to the Platform if it comes to our notice that you are in violation of any of the terms contained in this TOU.

  7. SERVICES

    1. All Service Partners will need to register and comply with the terms of this TOU in order to be able to use and access the services on the Platform, which includes

      1. upon procuring consent from the relevant Users, providing you with contact, academic and professional details of such Users, and the scores of the Users in the assessment tests conducted on the Platform (“Score Card”)

      2. enable you to purchase credits in order to view the User Profiles and Score Cards (“Profile Credits”)

      3. providing you access to the profile of the user created on the Platform (“User Profile”) based on the requirements entered by you on the Platform;

      4. facilitating the interaction between you and the Users to facilitate shortlisting and recruitment; and

      5. providing such other services as may be made available on the Platform from time to time (collectively, the “Services”). Coffeee is not and will not be responsible for any claim or for any damages suffered that are related, directly or indirectly, to or arising out of your use of any Service on or through the Platform.

    2. For the purpose of provision of any or all of the Services, you understand, acknowledge and undertake that:

      1. the Services may be provided based on the requirements shared by you and therefore you undertake to provide accurate, complete and updated requirements;

      2. the positions sought to be filled by you in furtherance to a requirement are genuine and in existence, and that you have the authority to advertise for the same;

      3. you shall not charge any Users you contact any form of fee for processing their applications in furtherance to a requirement;

      4. you agree to indemnify Coffeee against all demands, claims and damages which may arise out of the said requirements.

    3. You further understand and acknowledge that, the User Profile provided to you by Coffeee is generated based on the information and personal details provided by the Users. You understand that Coffeee shall have no responsibility to verify the accuracy and completeness of such User Profile shared and/or generated.

    4. You also agree and understand that the provision of the User Profile to you shall be based on

      1. your requirements;

      2. the filters and the metrics provided by you which shall in turn be based on certain algorithms used by the the Platform and such assessment may be subject to interpretation; and

      3. the consent provided by the Users. Coffeee will not be liable for any decisions to provide or not provide certain User Profile to you and the decision of Coffeee in this regard shall be final and binding.

    5. You hereby undertake and covenant to use the Services and the User Profile, only for the purpose of provision of marketing and targeting Users for recruitment purposes in furtherance to your requirements and not for any other purpose.

    6. Coffeee is merely a technology platform service provider that assists you in connecting with our Users and providing them with career opportunities. Further, Coffeee offers no guarantee that there would be a satisfactory response or any response at all upon facilitating such interaction with the Users on the Platform. Coffeee is not and will not be responsible for any claim or for any damages suffered that are related, directly or indirectly, to or arise out of the use of the Services on or through the Platform.

    7. You understand that you will have access to the Users’ personal information when Coffeee shares with you the User Profiles. You undertake that you will comply with all applicable data protection laws in relation to the processing of personal data; and not process personal data in an unlawful manner, and not make use of it for any purpose other than the purpose envisioned in this TOU. You undertake that you have adequate safeguards in place to protect the personal information that will be shared with you.

    8. You understand, acknowledge and agree that Coffeee merely acts as an intermediary in assisting you to connect with the Users and should you choose to proceed with a User, for any purpose whatsoever, Coffeee will not be a party to such interaction (including, without limitation, any payment transactions) and will not be liable in any manner whatsoever from facilitating such interaction. Coffeee plays the role of a facilitator and therefore, the relevant User will be solely responsible for any dispute that may arise between you and the User relating to any transaction between you and the User. The responsibility for redressal of any of the User complaints will rest solely with you at all times.

    9. You acknowledge and agree that we provide the Services through the use of such third party tools as may be adopted by us on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement.

    10. The provision of Services on the Platform may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. Coffeee strives to keep the Platform up and running; however, all online services suffer occasional disruptions and outages, and Coffeee isn’t liable for any disruption or loss you may suffer as a result.

    11. Coffeee may discontinue some or all the services provided on the Platform, as it may deem fit, including certain features and the support for certain devices and platforms, at any time.

  8. AGREEMENT TO RECEIVE COMMUNICATION

    You hereby by way of accepting this TOU consent to the receipt of communication from Coffeee and/or its Service Partners by way of in app messages, Short Message Service (SMS) messages, WhatsApp messages, e-mails, promotional, marketing calls and newsletters. These emails could relate to your registration, transactions that you carry out through the Platform, promotions that are undertaken by Coffeee, services from Coffeee, its Service Partners and its third-party partners, as applicable.

  9. LINKS TO THIRD PARTY WEBSITES

    The Platform may contain links and interactive functionality interacting with websites of other third parties. Coffeee is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such other websites. Before enabling any sharing functions to communicate with any other website or otherwise visiting any such websites, Coffeee strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such other third-party website.

  10. USE OF THE PLATFORM

    1. You agree, undertake and covenant that, during the use of the Platform, you shall not in provide (as part of User Information), host, display, upload, modify, publish, transmit, store, update or share any information that:

      1. belongs to another person and to which you do not have any right, except as expressly provided in this TOU.

      2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another person's privacy, insulting or harassing on the basis of religion or gender, hateful or racially or politically motivated or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent or contrary to the applicable laws in force in any manner whatsoever.

      3. is misleading in any way.

      4. is harmful to minors.

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

      6. infringes upon or violates any third party's rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number).

      7. provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses.

      8. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, communities, User Account information, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Platform.

      9. engages in commercial activities without Coffeee’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.

      10. interferes with another person’s use of the Platform.

      11. impersonates another person.

      12. 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 foreign States.

      13. refers to any website or URL that, in Coffeee’s sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of this TOU.

      14. deceives or misleads the addressee/ users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact.

      15. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

      16. contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.

      17. violates any applicable law for the time being in force.

    2. You hereby accept full responsibility for any consequences that may arise from your use of the Platform, and expressly agree and acknowledge that in no event and under no circumstances shall Coffeee be held liable to you for any liabilities or damages resulting from or arising out of your use of the Platform. You shall not use anyone else’s User Account at any time.

    3. You agree and acknowledge that you shall not use the Platform and/or connect with any Service Partner for any fraudulent, malicious, illegal or unauthorized purpose/activities. You agree to use the Services provided by Coffeee in a responsible manner and comply with all applicable laws whilst using the Platform. You shall further use the Services provided on the Platform and/or connect with any Service Partner only for your personal use and not for business purposes.

    4. Coffeee shall have the right, but not the obligation, to monitor your access to or use of the Platform to ensure your compliance with this TOU or applicable laws, at its sole discretion.

  11. USERS’ POSTS AND REVIEWS

    1. The Platform may allow you to post certain content, data or information belonging to you, such as reviewing and allowing you to share your experience and views about a particular product/ service, and rate product/ service, post your comments and reviews in relation to the product/ service on the Platform on specific pages of the Platform, as well as submit/ post any suggestions, comments, questions or other information to Coffeee using the Platform (collectively referred to “User Content”).

    2. You, being the originator of the User Content, are responsible for the User Content that you upload, post, publish, transmit or otherwise make available on the Platform. You represent and covenant that you have obtained all relevant consents and approvals in order to post any User Content and shall not post any content relating to or owned by a third party for the promotion or sale of products/ services of such third party. You further represent that all such User Content will be in accordance with applicable laws. You acknowledge that Coffeee does not endorse any User Content on the Platform and is not responsible or liable for any User Content. Coffeee reserves the right to remove any third-party marketing material and disable access to the User Content on the Platform.

    3. You hereby grant Coffeee a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivative works of the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post or that you otherwise provide on or through the Platform; and that, as at the date that the User Content is posted or submitted on the Platform: (a) the User Content is accurate; (b) use of the User Content you supply does not breach this TOU; and (c) such User Content is lawful.

    4. You further represent and warrant that while posting any User Content on the Platform you shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, you shall not post any content on the Platform that is obscene, pornographic, constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.

  12. CONTENT AND INTELLECTUAL PROPERTY RIGHTS

    1. Except for User Content, all of the content and services and products provided on the Platform, including text, software, scripts, code, designs, graphics, photos and other content and the copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated therewith (“IP”) is owned by Coffeee or others (including without limitation, the third party service providers) that Coffeee licenses such content from, and is protected by copyright, trademark, patent and other intellectual property laws.

    2. You hereby acknowledge that the IP constitutes original works and has been developed, compiled, prepared, revised, selected, and arranged by Coffeee and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Coffeee and such others. You thereby agree to protect the proprietary rights of Coffeee and its other limited rights (including, as a licensee) during and after the term of this TOU. You may not selectively download portions of the Platform without retaining the copyright notices. You may download material from the Platform only for your own personal use and for no commercial purposes whatsoever.

    3. You shall use the Platform strictly in accordance with this TOU, and shall not, directly or indirectly,

      1. decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Platform;

      2. make any modification, adaptation or improvement, enhancement, translation or derivative work from the Platform;

      3. violate any applicable laws, rules or regulations in connection with your access or use of the Platform, including your use of any Content (defined below);

      4. remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Platform;

      5. use the Platform for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended;

      6. distribute or transmit the Platform or other services;

      7. use the Platform for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with this TOU;

      8. use the Platform for creating a service or software that is directly or indirectly, competitive with the Platform or any services offered by Coffeee; or

      9. derive any confidential information, processes, data or algorithms from the Platform.

    4. Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available remedies under applicable laws of the country.

  13. TERMINATION OF ACCESS TO APP OR DEACTIVATION OF SERVICE

    1. Your User Account can be terminated/deactivated at any time by:

      1. You, by ceasing to use the Platform.

      2. Coffeee, in its sole discretion for any reason or no reason, including your violation of this TOU or lack of use of Platform. You acknowledge that the termination of access to the Platform may be affected without any prior notice, and Coffeee may immediately deactivate or delete the User Account and all related information and/or bar any further access to the User Account or the services provided on the Platform, subject to applicable law.

    2. The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of this TOU.

  14. CHARGES/FEE

    1. For the purpose of facilitating the Services, Coffee has created a virtual wallet by way of which you may purchase Profile Credits. You understand that your access to the User Profiles and Score Cards shall be subject to the number of Profile Credits present in your Service Partner Account. The Profile Credits shall be accordingly deducted every time you access a User Profile or Score Card. For availing any specific Services as may be introduced by Coffeee in the future, you may further be required to pay such charges as may be indicated by Coffeee from time to time in the form and manner specified by Coffee to you

    2. The Platform permits the Service Partner to purchase Profile Credits via. various modes, including online payments through debit/credit cards and internet banking or any other method adopted by Coffeee from time to time.

    3. You understand that while availing any of the payment method/s available on the Platform, Coffeee will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

      1. Lack of authorization for any transaction(s);

      2. Exceeding the pre-set limit mutually agreed by and between you and bank/s;

      3. Any payment issues arising out of the transaction; or

      4. Rejection of transaction for any other reason(s) whatsoever.

  15. REFERRALS AND REWARDS

    From time to time, Coffeee may offer referral bonuses and rewards to you for inviting new users to the Platform and for completing other activities.

  16. RIGHTS & RESERVATIONS

    1. Coffeee reserves the right to:

      1. Make all decisions in relation to inter alia your registration with Coffeee;

      2. Request additional documents and additional information from you for the purpose of your registration as a user with the Platform or provision of the Services; and

      3. Deny access to the Platform or any portion thereof without notice for the following reasons:

        1. any unauthorized access or use by you;

        2. attempt(s) to assign or transfer any rights granted to you under this TOU;

        3. violation of any of the provisions of this TOU or any applicable laws.

  17. DISCLAIMER OF WARRANTIES

    THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM (COLLECTIVELY, THE "CONTENT") ARE PROVIDED BY COFFEEE AND/OR THE RELEVANT SERVICE PARTNERS ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. COFFEEE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, COFFEEE MAKES NO WARRANTY THAT THE PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE EFFECTIVE, ACCURATE OR RELIABLE. YOU ACKNOWLEDGE AND UNDERSTAND THAT THIRD PARTY SERVICES INCLUDING THE SERVICE PARTNERS ARE BEING MADE AVAILABLE ON THE PLATFORM IN RELATION TO WHICH COFFEEE MAY HAVE PARTNERSHIPS WITH SOME OF THESE THIRD PARTIES IN ORDER TO FACILITATE THE PROVISION OF SERVICES TO YOU THROUGH THE PLATFORM. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT COFFEEE, AT NO TIME, IS MAKING ANY REPRESENTATIONS OR WARRANTIES REGARDING PROVISION OF SERVICES BY ANY OF THESE THIRD PARTIES INCLUDING THE SERVICE PARTNERS NOR WILL COFFEEE BE LIABLE TO YOU OR ANY THIRD PARTY INCLUDING THE SERVICE PARTNERS FOR ANY CONSEQUENCES OR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. COFFEEE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENTS OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF PLATFORM IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COFFEEE OR THROUGH OR FROM THE PLATFORM OR CONTENT SHALL CREATE ANY WARRANTY. TO THE FULL EXTENT PERMITTED BY LAW, COFFEEE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE AND NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, COMPATIBILITY, APPLICABILITY, USABILITY, APPROPRIATENESS, FITNESS FOR A PARTICULAR PURPOSE OR USE AND ANY WARRANTY THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. YOU HEREBY AGREE TO WAIVE, RELEASE, DISCHARGE, AND HOLD HARMLESS COFFEEE, ITS AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (AS APPLICABLE), FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, EXPENSES AND CAUSES OF ACTION ARISING OUT OF THE SERVICES AVAILABLE ON THE PLATFORM AND FROM ANY CLAIMS YOU MAY HAVE AGAINST COFFEEE WITH RESPECT TO THE SERVICES PROVIDED BY ANY THIRD PARTY.

  18. LIMITATION OF LIABILITY

    In no event shall Coffeee, its affiliates and each of its respective officers, directors, employees and agents (as applicable) be liable for any special, incidental, indirect, consequential, exemplary or punitive damages, or loss of profit or revenues whatsoever resulting from any

    1. errors, mistakes, or inaccuracies of Content;

    2. any unauthorized access to or use of the secure servers and/or any and all personal and/or other User Profile stored therein;

    3. any interruption or cessation of transmission to or from the Services on the Platform or the failure of the Services to remain operational for any period of time;

    4. any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party;

    5. any loss of your data arising from any use of or inability to use any Content or other parts of the Platform;

    6. your failure to keep Login Credentials or Service Partner Account details secure and confidential;

    7. non-availability of the Services in certain geographical areas; and/or

    8. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via. the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not Coffeee is advised of the possibility of such damages. Coffeee shall not be liable under any circumstance for damages arising out of or in any way related to Services and/or information provided by third parties through the Platform.

  19. INDEMNIFICATION

    You shall indemnify and hold harmless Coffeee, its affiliates, and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this TOU, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

  20. PRIVACY POLICY

    Please review the Privacy Policy, which also governs your visit to the Platform and the use of the Services to understand Coffeee’s privacy practices. The personal information / data provided to Coffeee by you in form of User Information or otherwise during the course of usage of the Platform will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Platform.

  21. ASSIGNMENT

    You shall not license, sell, transfer or assign your rights, obligations, or covenants under this TOU in any manner without Coffeee’s prior written consent. Coffeee reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under this TOU to any third party.

  22. GOVERNING LAW AND DISPUTE RESOLUTION

    This TOU shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Gurgaon, Haryana. In the event of any dispute arising out of this TOU the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue and seat of arbitration shall be Gurgaon, Haryana.

  23. SEVERABILITY AND WAIVER

    This TOU, the Privacy Policy and other referenced material herein or on the Platform, are the entire agreement between you and Coffeee with respect to the products/Services offered on the Platform, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Coffeee with respect thereto and govern the future relationship. If any provision of this TOU is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOU will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

  24. GRIEVANCE REDRESSAL MECHANISM

    1. In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

      Name: [Neha Sharma]
      Email: [neha@coffeee.io]
      Phone No: [98738 45711]

    2. For registering your complaint, please contact the Grievance Officer at the above-mentioned details in relation to any violation of this TOU or the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.

  25. HOW TO CONTACT US

    If you have questions or concerns about this TOU, please contact Coffeee at the following email address: hey@coffeee.io