These terms constitute an electronic record under the provisions of the (Indian) Information Technology Act, 2000 and the rules made under it (collectively, the “IT Framework”) as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Framework. This electronic record is generated with the use of a computer system and does not require any physical or digital signatures.
This document is published, inter alia, in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IL Rules”) that require an intermediary to publish on its website, mobile based application, or both, as the case may be, the rules and regulations, privacy policy and user agreement for access or usage of its computer resource by any person.
Accordingly, the access or usage by you (“You”, “User”, “Your”, “Yours” to be construed accordingly) of the domain name instantsolutions.cowrks.com (“Website”), the Converge mobile phone application (“Application”) (together, the “Platform”) is subject to the following terms and conditions (“Terms of Use”).
Your use of the Platform, and services available on or with the Platform are also governed by any amendments, additional guidelines, policies, disclaimers, and supplementary terms made available or issued by Us from time to time (“Additional Terms”). The Additional Terms, the privacy policy (available at https://www.cowrks.com/app-privacy-policy) (the “Privacy Policy”) made available by Us on this Platform form an integral part of the Terms of Use. If there is a conflict between the Terms of Use and the Additional Terms, the latter will override the former but strictly to the extent of such conflict. By transacting on the Platform, You are agreeing to enter into a contractual relationship with Us and become subject to the Terms of Use that are applicable to such transaction.
WITH EFFECT FROM August 22, 2023
PLEASE READ THESE TERMS CAREFULLY. BY USING AND/OR ACCESSING THE PLATFORM/ SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
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APPLICABILITY
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These Terms of Use apply to the ‘Users’ of the Platform/ Services, which expression means and includes:
- an individual who accesses the Platform as a registered member of the Company’s membership policy (“Member”, the terms “You” and “User” shall include a Member); and
- a guest/ visitor or a user of the Platform who places a service request on the Platform (“Visitor”; the terms “You” and “User” shall include a Visitor).
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These Terms of Use apply to the Users while accessing the Platform and/ or the services accessible through the Platform which are in the nature of:
- services provided to the Users by third party(ies) (“Third Party Service Providers”) as hosted on the Platform in the nature of, but not limited to, food and beverages, health and fitness, transport, concierge services, EV charging, events spaces, creche and retail grocery stores (“Third Party Services”);
- services provided to the Users by the affiliates of the Company (Group Company/ies) as hosted on the Platform in the nature of, but not limited to, food and beverages, health and fitness, transport, concierge services, EV charging, events spaces, creche and retail grocery stores (“Group Service/s”); and
- services provided to the Users by the Company, as hosted on the Platform in the nature of, but not limited to, meeting rooms, event space, day passes, virtual office space, ticketed events within the campus (“CW Services”).
(The Third-Party Services and the CW Services shall collectively, be referred to as the “Services”).
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REGISTRATION AND ACCESS
- Subject to these Terms of Use, the Company may offer to provide the Services, by itself or through Group Companies or Third-Party Service Providers, as the case may be, which are selected by You, solely for Your own use, and not for the use or benefit of any third party.
- All Users will have to register with the Company to avail the Services (i.e., Third Party Services, Group Services, as well as CW Services). At the time of registration all Users will have to provide certain personal information such as name, age, phone number, e-mail, employer details and any other requirements. Following this, an exclusive username and password will be created for each User. Note that registration is only a one-time process and if You have previously registered with the Company, You may log in to Your account using the same credentials as provided by You during the registration process.
- You are responsible for maintaining the confidentiality of Your account, and for restricting access to Your computer or mobile or other similar device to prevent unauthorized access to Your account. The Company requests that You safeguard Your password and Your account credentials and make sure that others do not have access to it. It is Your responsibility to keep Your account information current and accurate. You agree to (a) immediately notify the Company of any unauthorized use of Your account information or any other breach of security, and (b) ensure that You exit/ log out from Your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with these conditions. You may be held liable for losses incurred by the Company, the Group Companies, Third Party Service Providers, or any other User due to authorized or unauthorized use of Your account as a result of Your failure to keep Your account information secure and confidential.
- Receiving SMS/ E mails: You understand that once You register as a User with the Company, You may receive SMS messages or e-mails from the Company on Your registered mobile number/email and You hereby consent to receiving the same. These emails/SMS messages could relate to Your registration, transactions that You carry out on the Platform, updates in these Terms of Use, and promotions that are undertaken by the Company. Please note that the Company will send these SMS messages only to the registered mobile number or such other number that You may designate for any particular transaction. It is Your responsibility to ensure that You provide the correct number for the transactions that You wish to enter into. Further, the Company may also send notifications and reminders to You with respect to the Services availed by You. Please note that while the Company endeavors to provide these notifications and reminders to You promptly, the Company does not provide any guarantee and shall not be held liable or responsible for the failure to send such notifications or reminders to You.
- The Company reserves the right to refuse You access to the Platform/ Services, to terminate accounts, and remove or edit content at its sole discretion.
- The Company will try to make the Platform error-free. Your access to the Platform may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. However, the Company does not take responsibility for internet related issues, howsoever caused.
- The Company makes no representation that the content on the Platform is appropriate to be used or accessed outside the Republic of India. If You use or access the Platform from outside the Republic of India, You do so at Your own risk and are responsible for compliance with the laws of such jurisdiction. The Terms of Use does not constitute, nor may it be used for, or in connection with, any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation is not authorized or to any person to whom it is unlawful to promote or solicit.
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ACCEPTANCE OF TERMS OF USE AND MODIFICATION THEREOF
- Access and use of the Platform and/ or the Services by the User constitutes an acknowledgement and acceptance in full of all the terms, conditions and notices as stated in the Terms of Use and without any modification and/or exception by the User of the Terms of Use. By impliedly or expressly accepting these Terms of Use, the User also accepts and agrees to be bound by the Privacy Policy, as amended from time to time. If the User does not agree with any part of such terms, conditions and notices as stated in the Terms of Use for any reason whatsoever, the User may terminate their account on the Platform and /or discontinue their access and use of the Platform.
- The Company reserves the right to change the Terms of Use, conditions and notices pursuant to which the Platform/ Services are accessed by the User, at its sole discretion. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other policies and note the changes made on the Platform. Your continued usage of the Platform and the Services after any change is posted constitutes Your acceptance of the amended Terms of Use and other policies. You shall be notified of any changes in the Terms of Use by way of an email. As long as the Users are in compliance with these Terms of Use, the Company grants the User a personal, non-exclusive, non-transferable, limited privilege to use the Platform.
- Users have the right to request access from the Company, the Terms of Use and any terms, conditions, and notices on the Platform in any language listed under Schedule 8 of the Constitution of India. For requesting access to any Platform policies in any such additional language please write to us at support.converge@corwks.com.
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RESTRICTED ACTIVITIES
- You may not access or use the Platform for any purpose other than that for which We make the Platform available. The Platform should not be used for any commercial purposes except those specifically approved by Us.
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As a User of the Platform, You agree not to:
- Systematically extract data or content from the Platform to create a collection, database, or directory without obtaining written permission from Us;
- Make unauthorized use of the Platform, including gathering usernames or email addresses of Users to send unsolicited emails, or creating user accounts using automated means or false information;
- Using an agent to make transactions on the Platform;
- Advertising or offering goods and services on the Platform;
- Circumventing, disabling, or interfering with security features of the Platform, including those that protect the use or copying of any content or enforce usage limitations;
- Engaging in unauthorized framing or linking to the Platform;
- Attempting to deceive or defraud Us and other users, especially in trying to access sensitive account information such as user passwords;
- Misusing Our support services or providing false reports of abuse or misconduct;
- Using any automated system to send comments or messages, or employing data mining, robots, or similar tools to gather information from the Platform;
- Interfering with, disrupting, or overloading the Platform or its connected networks and services;
- Trying to impersonate another User or person or using another User's username or account;
- Selling or transferring Your account to others;
- Using information obtained from the Platform to harass, abuse, or harm another person;
- Using the Platform to compete with Us or for any revenue-generating or commercial purposes;
- Attempting to reverse engineer or decompile any part of the Platform's software;
- Harassing, intimidating, or threatening Our employees or agents providing services on the Platform;
- Uploading or transmitting viruses, Trojan horses, or disruptive materials that interfere with others' use and enjoyment of the Platform;
- Uploading or transmitting any material that acts as an information collection or transmission mechanism, such as gifs, pixels, web bugs, cookies, or spyware;
- Using automated systems like spiders, robots, cheats, scrapers, or offline readers to access the Platform without authorization;
- Disparaging, tarnishing, or harming Us, Our reputation, goodwill, or the Platform;
- Using the Platform in a manner that violates applicable laws, regulations, or these Terms of Use.
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REPRESENTATIONS AND WARRANTIES BY THE USERS
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By using the Platform, You represent and warrant that:
- You confirm that You are “competent to contract” within the meaning of the Indian Contract Act, 1872 and not a minor, an insolvent person or any other kind of person who is not competent to contract. If not, You shall not use the Platform. Only individuals who are 18 years of age or older may use the Platform and avail the Services. If You are under 18 years of age and You wish to use or access the Platform, Your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should Your parents or legal guardian fail to agree or acknowledge the Terms of Use, You shall immediately discontinue its use; and
- All information provided on the Platform by You is true, factual, accurate and complete, and You agree to maintain the accuracy of such information.
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USE OF SERVICES
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With respect to Third Party Services and Group Services:
- All commercial/contractual terms are offered by the Third-Party Service Providers/Group Companies and agreed to between the Users and the Third Party Service Providers/Group Companies with respect to Third Party Services/Group Services being offered by the Third Party Service Providers/Group Companies to the Users. The commercial/contractual terms include, without limitation, price, applicable taxes, shipping costs, payment terms, date, period and mode of delivery, warranties related to the Third-Party Services/Group Services and after sales services related thereto. The Company does not have any control over, and does not determine or advise, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Users and the Third-Party Service Providers/Group Companies. The Company may, however, offer support services to the Third-Party Service Providers/Group Companies in respect of fulfilment, mode of payment, payment collection and other ancillary services, pursuant to independent contracts executed by and between the Company and the Third-Party Service Providers/Group Companies.
- The prices reflected on the Platform for Third Party Services/Group Services are determined solely by the relevant Third-Party Service Providers/Group Companies and are listed on the Platform solely based on the relevant Third-Party Service Provider’s/Group Companies’ information. The Users are advised that prices may change at the time of placing a service request due to Third Party Service Provider/Group Companies changing the applicable price without due intimation to the Company and such change of price is at the sole discretion of the Third-Party Service Provider/Group Companies attributing to various factors beyond Our control.
- The Company does not make any representation or warranty as to the specifics (such as legal title, creditworthiness, identity, etc.) of any of the Third-Party Service Providers/Group Companies. You are advised to independently verify the bona fides of any particular Third-Party Service Provider/Group Company that You choose to deal with on the Platform and use Your best judgment in that behalf. All third-party offers are subject to the respective party’s terms and conditions. The Company takes no responsibility for such offers.
- The Company does not make any representation or warranty as to item-specifics (such as quality, value, salability, etc.) of the Third-Party Services/Group Services sold or purchased on the Platform nor does it implicitly or explicitly support or endorse the sale or purchase of any Third-Party Services/Group Services on the Platform. The Company accepts no liability for any errors or omissions in connection therewith.
- The Company is not responsible for any non-performance or breach of any contract entered into between the Users and the Third-Party Service Providers/Group Companies. The Company cannot and does not guarantee that the concerned Third-Party Service Providers/Group Companies will perform any transaction concluded on or through the Platform. The Company is not responsible, and assumes no liability, for unsatisfactory or non-performance of the Third-Party Services/Group Services or damages/ losses or delays as a result of products/ services which are out of stock, unavailable or back ordered or for any deficiency or impropriety.
- With respect to the Third-Party Services/Group Services, the Company merely assumes the role of facilitator, and does not at any point of time during any transaction between the User and the Third Party Service Provider/Group Companies on the Platform, come in to, or take possession of any of the products or services offered by the Third Party Service Provider/Group Companies. At no time shall the Company hold any right, title or interest over the Third-Party Services/Group Services (or any constituent thereof) nor shall it have any obligations or liabilities in respect of such contract entered into between Users and the Third Party Service Providers/Group Companies.
- In case of complaints from the User pertaining to the efficacy, quality, or any other such issues pertaining to the Third Party Services/Group Services, the Company may notify the same to the Third Party Service Provider/Group Company. It is clarified that it is the duty of the Third Party Service Provider/Group Company (and not the Company) to address complaints from the Users. In the event that You raise any complaint connected with any Third Party Service/Group Service accessed using Our Platform, We shall assist You to the best of Our abilities by providing relevant information to You, such as details of the Third Party Service Provider/Group Company, support center, and the specific service request to which the complaint relates, to enable satisfactory resolution of the complaint.
- You can pay service fees in relation to the Third-Party Services/Group Services by (i) credit card or debit card or net banking; or (ii) any other RBI approved payment method. You understand, accept and agree that the payment facility provided by the Company is not a banking, financial service, or a payment system but merely a front-end interface that integrates with the payment gateways provided by third-party Payment Gateways or Payment Aggregators, with whom the Company has partnered, and which are provided in accordance with the Reserve Bank of India’s Guidelines on Regulation of Payment Aggregators and Payment Gateways as notified through the Circular DPSS.CO.PD.No.1810/02.14.008/2019-20 and updated from time to time (“PA PG Guidelines”). Further, the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transactions on the Platform or the transaction price.
- You agree to pay the total amount for the service request placed on the Platform in accordance with these Terms of Use and the pricing terms set forth in the applicable listing of product or service for the particular Third-Party Service/Group Service. Please note that the Company cannot control any amount that may be charged to You by Your bank related to Our collection of the total amount, and We disclaim all liability in this regard.
- If You are directed to any Third Party Service Provider/Group Company or Our third-party payment processors, You may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy prior to using services, conducting any transaction or providing any data to such third party. Once the service request is confirmed, You will receive a confirmation email summarizing the confirmed booking.
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With respect to CW Services:
- The Company offer CW Services through the Platform which the User may subscribe to, subject to the needs of the User, upon payment of applicable fees (“Fees”).
- As part of the CW Services, Users can also book conference rooms, private cabins, work desks or such other workspaces, as the case may be, that are made available for booking/reservation on the Platform (“CW Facility”) in select geographical regions for a particular duration. Upon Your selection of a CW Facility, the booking/reservation fee for Your CW Facility booking/reservation will be indicated to You on the Platform (the “Reservation Fee”). You agree and acknowledge that the Reservation Fee for CW Facility of similar characteristics may differ from time to time and place to place, depending upon the Company’s internal pricing guidelines. You hereby unconditionally agree to pay Us the Reservation Fee in entirety, for availing this CW Service from the Company.
- You understand and accept that while choosing and making a CW Facility reservation on the Platform and using or accessing the CW Facility centres, You will be subject to additional terms and services specified by the Company on the Platform and/or in the agreements signed by You and policies published by the Company from time to time.
- All payments in respect of the Fees will have to be made in full, at the time of availing the CW Service. You understand, accept and agree that the payment facility provided by the Company is not a banking, financial service, or a payment system but merely a front-end interface that integrates with the payment gateways provided by third-party Payment Gateways or Payment Aggregators, with whom the Company has partnered, and which are provided in accordance with the PA PG Guidelines. Further, the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transactions on the Platform or the transaction price.
- You agree to pay the total amount for the service request placed on the Platform in accordance with these Terms of Use and the pricing terms set forth in the applicable listing of product or service for the particular Third Party Service/Group Service. Please note that the Company cannot control any amount that may be charged to You by Your bank related to Our collection of the total amount, and We disclaim all liability in this regard.
- If You are directed to any of Our third-party payment processors, You may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy prior to using services, carrying out any transaction or providing any data to such third party. Once the service request is confirmed, You will receive a confirmation email summarizing the confirmed booking.
- The Company reserves the right to revise the Fees without notice to the User at any time prior to, at the time of, during the tenure or post subscription for the CW Service by the User. The Company shall intimate the User of such revised or modified Fees and the User shall pay to the Company the difference in the amount after such revision or modification.
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The Platform offers features like blogs, message boards, and online forums, allowing You to participate and contribute content (referred to as "User Content"). User Content may include text, videos, audio, images, comments, suggestions, and personal information. It's important to note that any User Content You submit may be visible to other users on the Platform and could also appear on third-party websites. Therefore, any content You transmit should not be considered confidential or proprietary. By creating or providing User Content, You affirm that:
- You have the right to distribute, transmit, publicly display, or perform User Content, and that doing so will not infringe on the proprietary rights of any third party, including copyright, patents, trademarks, trade secrets, or moral rights.
- You either own the User Content You submit or possess the necessary licenses, rights, consents, releases, and permissions to authorize Us, the Platform, and other users to use User Content in accordance with the Platform's terms and conditions.
- If User Content feature identifiable individuals, You have obtained their written consent, release, and/or permission to use their name or likeness in association with User Content on the Platform.
- User Content is accurate, truthful, and not misleading.
- User Content is not spam, unsolicited advertising, pyramid schemes, chain letters, or any form of unauthorized solicitation.
- User Content do not contain obscene, offensive, violent, harassing, libelous, or slanderous content.
- User Content does not promote money laundering or gambling activities.
- User Content does not deceive or mislead recipients about their origin and do not contain patently false or misleading information that could be perceived as factual.
- You will not impersonate any person through User Content.
- User Content does not ridicule, mock, disparage, intimidate, or abuse any individual or group.
- User Content does not advocate for the violent overthrow of any government or incite, encourage, or threaten physical harm to others.
- User Content complies with all applicable laws, regulations, and rules.
- User Content does not violate the privacy or publicity rights of any third party.
- User Content does not contain any material that solicits personal information from individuals under the age of 18 or exploits them in a harmful or sexual manner.
- User Content does not involve child pornography or any content harmful to minors' health and well-being.
- User Content does not include offensive comments related to caste, race, national origin, gender, sexual preference, or physical handicap or any obscene material, pornography, or content of a sexual nature.
- User Content does not violate any provision of these Terms of Use or any applicable law or regulation.
- Engaging in any activity on the Platform that violates the above conditions will be considered a breach of the Terms of Use, which may lead to consequences like suspension or termination of Your rights to use the Platform.
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CONTENT LICENSE
- By posting User Content on any part of the Platform, You automatically grant Us an unrestricted, perpetual, irrevocable, worldwide, non-exclusive, transferable, royalty-free license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute User Content (including Your image and voice) for any purpose, whether commercial, advertising, or otherwise. This license also includes the right to create derivative works from User Content or incorporate them into other works, and to grant sublicenses to others.
- The license applies to all media formats and technologies, both known and developed in the future. It allows Us to use Your name, company name, franchise name, trademarks, service marks, trade names, logos, and any personal or commercial images You provide. By granting this license, You waive any moral rights You may have in User Content.
- Please note that We do not claim ownership over User Content, and You retain full ownership and intellectual property rights associated with them. We hold no responsibility for the statements or representations made in User Content, and You agree not to hold Us liable for any legal actions related to User Content.
- We reserve the right to (1) edit, redact, or modify any User Content, (2) re-categorize User Content for better organization on the Platform, and (3) pre-screen or remove User Content at Our discretion, without prior notice. However, We are under no obligation to monitor User Content as per these Terms of Use.
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DISCLAIMERS
- The Company endeavors to ensure that all the information provided by it on the Platform is correct, but it neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information displayed on the Platform and the Company shall not be, in any manner liable for inaccuracy/error, if any. The Company makes no warranty, express or implied, concerning the Platform and/or its contents or the CW Services and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of information displayed and communicated through or on the Platform, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of any such information as is displayed or communicated through or on the Platform or the provision of the Services. Any reliance the User places on such information is therefore strictly at his own risk. In no event will the Company or its employees, affiliates or agents be liable to the User or any third party for any decision made or action taken by the User’s reliance on the contents on the Platform and/ or the Services.
- The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Platform is done entirely at their discretion and risk, and they will be solely responsible for any damage to their computer systems or any other loss that results from such material and/or data.
- While every effort is made to ensure that all required systems are functioning correctly, the Company takes no responsibility and cannot be held liable for the non-availability of the Platform/ Services at any point in time for any reason whatsoever.
- The Company periodically conducts scheduled maintenance and upgradation exercises for the Platform which may impact the performance of the Platform and some functions and features may not be fully operational during those periods. Such maintenance and upgradation exercises will be conducted with prior notification to the Users by way of an email.
- The User acknowledges and agrees that at no time is the Company making any representation or warranty regarding any goods, services, or content provided by a Third-Party Service Provider/Group Company nor will it be liable to the User or any such Third-Party Service Provider/Group Company for any consequences or claims arising from or in connection with the goods/ services provided by such Third-Party Service Provider/Group Company. The User hereby disclaims and waives any rights and claims it may have against the Company with respect to goods or services of a Third-Party Service Provider/Group Company.
- The User shall bear the costs incurred to access and use the Platform and the Company shall not, under any circumstances whatsoever, be responsible or liable for such costs. The Company will not be liable for any issues in the Platform that arise directly or indirectly due to faulty or lack of electricity, internet connectivity, and/or telecommunication links.
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LINKS TO THIRD PARTY SITES
- The Platform may contain links to other websites or may contain features of any nature of other websites on the Platform (“Linked Sites”). The Linked Sites are not under the control of the Company, and the Company is not responsible for the contents of any Linked Site, including without limitation, any link or advertisement contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. The inclusion of any link does not imply endorsement of any nature by the Company of the Linked Sites or any association with its operators or owners.
- The Company reserves the right to disable access to Linked Sites, although it is under no obligation to do so.
- The Company is not responsible for any errors, inclusions, omissions, or representations on any Linked Site, or on any link contained in a Linked Site. The User is requested to verify the accuracy of all information on his own before undertaking any reliance on such information of such products/ services that they believe may benefit the User.
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USER’S OBLIGATIONS
- As a condition of access and use of the Platform and Services, the User warrants that he will not use the Platform and Services for any purpose that is: (a) not permitted by these Terms of Use; (b) interfering with or disrupts access to the Platform or the Services (or the servers and networks which are connected to the Platform); and/ or (c) unlawful or illegal under any law for the time being in force within or outside India or prohibited by the Terms of Use. In addition, the Platform shall not be used in any manner, which could damage, disable, overburden, or impair it or interfere with any other party’s use and/or enjoyment of the Platform or infringe any intellectual property rights of the Company or any third party (including another User).
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No User may share/upload/distribute any content on the Platform, by way of a review or otherwise, which:
- belongs to another person and to which the User does not have any right;
- is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game (as defined in the IL Rules) that causes user harm (as defined in the IL Rules), or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
- is harmful (as defined in the IL Rules) to children;
- infringes any patent, trademark, copyright or other proprietary rights;
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Central Government Ministry may, by notification published in the Official Gazette, specify;
- impersonates another person;
- 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 cognisable offence, or prevents investigation of any offence, or is insulting other nation;
- contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource;
- is in the nature of an online game (as defined in the IL Rules) that is not verified as a permissible online game (as defined under the IL Rules);
- is in the nature of advertisement or surrogate advertisement or promotion of an online game (as defined in the IL Rules) that is not a permissible online game or of any online gaming intermediary (as defined in the IL Rules) offering such an online game (as defined under the IL Rules); and/or
- violates any law for the time being in force.
- The User shall not modify or alter the content available on the Platform;
- The User shall not distribute or sell, rent, lease, license or otherwise make any content on the Platform available to others.
- The User shall not remove any text, copyright or other proprietary notices contained in the content if downloaded from the Platform.
- The User agrees not to access or attempt to access the Platform or the Services by any means other than through the interface(s) provided by the Company. The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services, or intellectual property obtained from the Platform or the Services in any manner whatsoever. Reproduction, copying of the content for commercial or non‐commercial purposes and unwarranted modification of data and information within the content of the Platform is strictly not permitted without prior written consent from the Company and/or third-party owners of such content/ data. The User and/or any third party is prohibited from running or displaying the Platform and /or information displayed on the Platform on any other platform, website, or mobile application, without prior written consent from the Company.
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DEFICIENCY
- All Fees paid by the User for CW Services are non-refundable unless the CW Services availed by the User are: (i) defective, deficient, or spurious; or (ii) not of the characteristics or features as listed or as agreed to; or (iii) delivered late as compared to the delivery schedule communicated (subject to any reasonable modifications prior to delivery) and such delay is not attributable to force majeure.
- Cancellations, returns or refunds for Third Party Services/Group Services will be processed in accordance with the policies of the relevant Third Party Service Providers/Group Companies in this regard.
- In case of any deficiency experienced in the Services availed on the Platform, please contact the Grievance Officer (details set out in Section 13.5 below) with details of: (i) the nature of deficiency; (ii) relevant service provider; and (iii) other relevant details including any claim for refund.
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GREVIENCE REDERESSAL AND CONTACT DETAILS
- The Users are provided with ‘Contact Us’ features on the Platform. The Users will be able to provide their contact details to enable the Company to contact them. By using the said features, the User permits the Company to contact them on their registered details, for any clarification or to offer any other service from time to time.
- The Users may further be provided with features to contact the Company, raise queries, complaints, comments or interact with the Company.
- The grievance redressal mechanism set out in Section 13.4 and 13.5 below, is in furtherance to the requirements under the applicable laws, including but not limited to, IL Rules, Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and Consumer Protection (E-Commerce) Rules, 2020.
- The Company shall acknowledge such queries or complaints within 24 (twenty-four) hours of receiving them and aim to resolve any User grievances within 15 (fifteen) days of receipt.
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However, please note that the Company will aim to resolve any User complaints relating to removal of any content prohibited under Section 11.2 above at the earliest and within 72 (seventy-two) hours of receiving such complaint, save and except where a larger time period is available under applicable law.
You may contact Our Grievance Officer at:
Grievance Officer Name: Ms. Neha Halgali
Address: 135/1, Field Marshal Cariappa Road, Residency Road, Richmond Town, Bengaluru, Karnataka 560025
You can also reach out to Us on support.converge@cowrks.com,in case of any queries.
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NOTICES & COMMUNICATIONS
- Any notice to the Company pursuant to the Terms of Use should be sent to the Company with the subject line - Attention: Terms of Use.
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Any notice or communication to the Company may be addressed to:
You may contact Our Grievance Officer at:
Grievance Officer Name: Ms. Neha Halgali
Address: 135/1, Field Marshal Cariappa Road, Residency Road, Richmond Town, Bengaluru, Karnataka 560025
Email: support.converge@cowrks.com
- The User expressly agrees to receive communications regarding information, schemes, notifications, offers, events, and rewards on their registered mobile number by way of WhatsApp, SMS, calls and/or e-mails from the Company and other third parties relating to the Services provided through the Platform. The User can unsubscribe/opt-out from receiving communications through SMS and e-mail anytime by e-mailing to support.converge@cowrks.com. However, this may limit the extent of the Platform access and Services that the User can avail.
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BREACH
- Without prejudice to the other remedies available to the Company under the Terms of Use or under applicable law, the Company may limit the User's activity, warn other Users of the User's actions, temporarily / indefinitely suspend or terminate the User’s use of the Platform/ Services, and/or refuse to provide the User with access to the Platform/ Services and remove any non-compliant information, if the User is in breach of the Terms of Use.
- If the User or the Company (as the case may be) terminates the Users’ access to the Platform and/ or Services, the Company may delete any content or other materials relating to the use of the Platform/Services and the Company shall have no liability to the User or any third party for doing so.
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OWNERSHIP AND PROPRIETARY RIGHTS
- The content of the Platform and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by the Company or validly licensed to the Company and are protected by applicable Indian and international copyright and other intellectual property law. The User acknowledges, understands and agrees that he shall not have, nor be entitled to claim, any rights in and to the Platform content and/or any portion thereof.
- Some of the content on the Platform have been permitted by the third party/ies to be used by the Company in such form and manner as may be desired by the Company and the Company will makes its best endeavors to give credit to such third party/ies during publication of such content on its Platform. If at any point in time, any dispute is raised with respect to publication of such content by any third party, the Company shall be within its rights to remove such content or procure requisite consents from third party/ies.
- Any copyrighted or other proprietary content distributed on or through the Platform with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability/ prosecution.
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IP INFRINGEMENT
- If the User believes that the Platform violates the User’s intellectual property, the User must promptly notify the Company in writing at support.converge@cowrks.com. These notifications should only be submitted by the owner of the intellectual property, or an agent authorized to act on his/her behalf. However, any false claim by the User may result in the termination of his access to the Platform or other action by the Company.
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17.2. The User is required to provide the following details in his notice:
- the intellectual property that he believes is being infringed;
- the item/ content that he thinks is infringing the intellectual property and also include sufficient information about where the material is located on the Platform;
- a statement that he believes in good faith that the item/ content he has identified as infringing is not authorized by the intellectual property owner, its agent, or under law to be used in connection with the Platform;
- his contact details, such as address, telephone number, and/or email;
- a statement that the information provided in his notice is accurate, and that he is the intellectual property owner, or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
- his physical or electronic signature.
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LIMITATION OF LIABILITY
THE USER UNDERSTANDS AND EXPRESSLY AGREES THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL THE COMPANY OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO THE USER OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USER’S USE OF OR INABILITY TO USE THE PLATFORM/SERVICES OR ANY PARTS THEREOF. NOTWITHSTANDING THE FOREGOING, THE USER AGREES THAT, IN NO EVENT, SHALL THE TOTAL LIABILITY OF THE COMPANY TO THE USER EXCEED THE FEES ACTUALLY RECEIVED BY THE COMPANY FROM SUCH USER AT THE RELEVANT POINT OF DETERMINATION.
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INDEMNIFICATION
The User agrees to indemnify, defend and hold harmless the Company, Group Companies and their respective directors, officers, employees, agents, affiliates, and Third Party Service Providers, in relation to the Platform whether directly or indirectly, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the aforementioned persons that arise out of, result from, or may be payable by virtue of any breach or non‐performance of any terms of the Terms of Use including any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to the Terms of Use.
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SEVERABILITY
If any provision of this Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision, and all other provisions of the Terms of Use shall continue to be in full force and effect.
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ASSIGNMENT
The User cannot assign or otherwise transfer the Terms of Use, or any rights granted thereunder to any third party. The Company’s rights under the Terms of Use are freely transferable by the Company to any third party without seeking the User’s consent.
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WAIVER
Any failure by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.
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FORCE MAJEURE
The Company shall not be liable for any failure to perform any of its obligations under the Terms of Use or provide the Services or any part thereof if the performance is prevented, hindered, or delayed by a force majeure event and in such case its obligations shall be suspended for so long as the force majeure event continues.
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GOVERNING LAW
These Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles. In the event any dispute in relation hereto is brought by the User, it shall be subject to the exclusive jurisdiction of the courts of Bangalore, India.