General Terms and Conditions governing the use of www.cosmojnrblr.in website by members and visitors
The General Terms and Conditions mentioned below form a contract between you, the user and Cosmopolitan Club (Regd.)/www.cosmojnrblr.in , the owner of the website for the use of the website, www.cosmojnrblr.in
. By using this website you acknowledge that you have read, understood and agreed to comply with these Terms and Conditions.
Cosmopolitan Club (Regd.)/ www.cosmojnrblr.in may at its absolute discretion from time to time amend, supplement, change or modify the Terms and Conditions that govern your use of this website. You are responsible for checking these Terms and Conditions periodically to remain in compliance with these Terms and Conditions. Your use of the website following any such change or modification constitutes your consent to follow and be bound by the said changed or modified Terms and Conditions.
Terms Of Usage
• We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
• The website is deemed to be in use when it is loaded in temporary or permanent memory of your Computer. Cosmopolitan Club/ www.cosmojnrblr.in and its personnel at their sole discretion and without any prior notice reserve the right to deny you access to the website including any portion thereof.
• Subject to the Terms and Conditions mentioned herein, Cosmopolitan Club (Regd.)/www.cosmojnrblr.in shall take reasonable care to ensure the security and to prevent unauthorized access to the services, which are part of the website using technology reasonably available to Cosmopolitan Club (Regd.)/www.cosmojnrblr.in at that point of time.
• Cosmopolitan Club (Regd.)/www.cosmojnrblr.in through the website also offers its products for online sale. Cosmopolitan Club (Regd.)/www.cosmojnrblr.in in its sole discretion and without prior notice may discontinue with any of the products available on the website, change its price, specifications etc. and you agree to abide by such changes, modification or discontinuance of the products.
Cosmopolitan Club (Regd.)/www.cosmojnrblr.in reserves its right to sell any or all of the products featured on the website. Cosmopolitan Club
(Regd.)/www.cosmojnrblr.in cannot confirm the price of the product till the time the same is ordered. The on-line sale shall be deemed to be complete only when the consideration of the product is received by Cosmopolitan Club (Regd.)/www.cosmojnrblr.in from you and till then Cosmopolitan Club
(Regd.)/www.cosmojnrblr.in shall not be responsible in any way whatsoever and will be at liberty to repudiate the online sale.
• Cosmopolitan Club (Regd.)/www.cosmojnrblr.in maintains and owns records of transactions made on the website through the computer systems or otherwise. Such records maintained by Cosmopolitan Club (Regd.)/www.cosmojnrblr.in from time to time shall be accepted by you as conclusive and binding for all purposes and shall be conclusive proof of the genuineness and accuracy of such transactions.
Restriction On Use
• You agree not to use the website in any manner inconsistent with these Terms and Conditions and for no other purpose as mentioned in the website.
• You agree to use the website only for personal use.
• You agree not to use the website contrary to law and for any illegal purpose.
• The services and contents of the website which includes the contents, text, graphic, video and audio are the property of Cosmopolitan Club
(Regd.)/www.cosmojnrblr.in and are protected by applicable intellectual property laws of India. The trademarks, logos, slogans and service marks displayed on the website, are registered and unregistered trademarks of Cosmopolitan Club (Regd.)/www.cosmojnrblr.in . The contents of the website constitute intellectual property including copyright of Cosmopolitan Club (Regd.)/www.cosmojnrblr.in and the contents and the information contained therein shall not be transmitted or transferred by you. You agree and acknowledge that all the intellectual property in the website vests and continues to be vested with Cosmopolitan Club (Regd.)/www.cosmojnrblr.in only. You agree not to misuse or violate the intellectual property of Cosmopolitan Club (Regd.)/www.cosmojnrblr.in displayed in the website save and except provided in these Terms and Conditions. You agree to protect the proprietary rights of Cosmopolitan Club (Regd.)/www.cosmojnrblr.in in the website during and after the term of this Contract. Any violation of the intellectual property right of Cosmopolitan Club (Regd.)/www.cosmojnrblr.in will give a right to Cosmopolitan Club (Regd.)/www.cosmojnrblr.in to claim damages, costs and forthwith cessation of the infringement of the said intellectual property right. This will not bar Cosmopolitan Club (Regd.)/www.cosmojnrblr.in from initiating civil and/or criminal prosecution against the offender. “Intellectual property” means and includes any design, trade mark, logo, text, content, photographs, video, audio, graphics, slogans, images, illustrations, icons, photographs and service marks contained in the website which also includes copyrights, trademarks, service marks, patents or other proprietary rights.
• Nothing contained on the website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark, design, information (which may constitute copyright) or any other intellectual property displayed on the website without the prior written permission of Cosmopolitan Club (Regd.)/www.cosmojnrblr.in . Any misuse of the Trademark, design, information (which may constitute copyright) displayed on the website, or any other content on the website, except as provided in these Terms and Conditions, is strictly prohibited.
• The contents of the website may include trade secrets of Cosmopolitan Club
(Regd.)/www.cosmojnrblr.in . You agree to protect the trade secrets of
Cosmopolitan Club (Regd.)/www.cosmojnrblr.in having rights in the website or its content during and after the term of this Contract and to comply with all reasonable written requests made by Cosmopolitan Club
(Regd.)/www.cosmojnrblr.in or its suppliers of content, equipment or otherwise to protect their and others’ contractual, statutory and common law rights in the website.
• You agree not to use, transfer, dispose or disseminate any information contained in the website in any manner that could compete with the business of Cosmopolitan Club (Regd.)/www.cosmojnrblr.in or otherwise compromise or imperil the interests of Cosmopolitan Club (Regd.)/www.cosmojnrblr.in .
• You shall not Cache or permit caching by any person or use the website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal activity.
Limited License
Subject to the terms and conditions set forth in this Agreement, Cosmopolitan Club (Regd.) will grant a non-exclusive, non-transferable, limited right to access this site and the materials thereon.
You hereby agree and confirm that:
Access to this site and the information contained herein is not unlawful under the applicable laws of the jurisdiction where I am resident and from where I am accessing this site.
I shall not circulate copies of this information in any manner (including but not restricted to photocopying and email) of the information and data on this site. I agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the contents to anyone.
You agree not to:
• Interrupt or attempt to interrupt the operation of the site in any way.
• Intrude or attempt to intrude into the site in any way.
• Post any obscene, defamatory or annoying materials on the site.
• Obscure any materials, including this notice, already posted on the site.
• Use the site or any contents thereof to defame, intimidate, annoy or otherwise cause nuisance or breach the rights of any person.
Cosmopolitan Club (Regd.) authorizes to view and download the information ("Materials") at this Web site ("Site") only for personal, non-commercial use.
This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions:
Retain, on all copies of the Materials downloaded, all copyright, trademarks and other proprietary notices contained in the Materials. Not modify the Materials in any way nor reproduce or display, perform, or distribute or otherwise use them for any public or commercial purpose.
Not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Cosmopolitan Club (Regd.) does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
The information, material or services included in or available through this site may include inaccuracies or typographical errors. Changes are periodically made to the site/services and to the information therein. Cosmopolitan Club (Regd.) and/or its respective suppliers may make improvements and/or changes in the site/services at any time. Advice received via this site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
You specifically agree that Cosmopolitan Club (Regd.) shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through this site You specifically agree that Cosmopolitan Club (Regd.) is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that Cosmopolitan Club (Regd.) is not responsible for any content sent using and/or included in this site by any third party.
In no event shall Cosmopolitan Club (Regd.) and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of this site/services, with the delay or inability to use this site/services or related services, the provision of or failure to provide services, or for any information, products, services and material obtained through this site, or otherwise arising out of the use of this site/services, whether based on contract, tort, negligence, strict liability or otherwise, even if Cosmopolitan Club (Regd.) or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of these site/services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this site/services.
The foregoing are subject to the laws of the Republic of India and the courts in Bangalore, India shall have the exclusive jurisdiction on any dispute that may arise out of the use of this site.
Please proceed only if you accept all the conditions enumerated herein above, out of your free will and consent.
Disclaimer
• The Website is maintained by Cosmopolitan Club (Regd.)/www.cosmojnrblr.in and use of the website by you is subject to the Terms and Conditions and all applicable Indian laws and all rights are reserved with Cosmopolitan Club (Regd.)/www.cosmojnrblr.in .
• Neither this website nor any content of it may be downloaded, reproduced, stored, distributed, adapted, translated, or transmitted in any form or by any means or medium, whether now known or hereinafter invented, without prior permission of Cosmopolitan Club (Regd.).
• The purpose of the website is to provide you with information about the business and the products of Cosmopolitan Club (Regd.)/www.cosmojnrblr.in . It should not be relied upon for any specific purpose, content or information without first seeking appropriate professional advice and no representation or warranty is given as to its accuracy, adequacy, suitability, usefulness, timeliness, applicability, reliability or completeness of the information and contents of the website.
• Reference to any product or service on the website does not mean that the name and description of any product bought will be the same as that included on the website. All products displayed on the website are matched as accurately as possible but are not 100 % accurate. Prices and information may vary anytime without prior notice.
• The information on the website has been included in good faith for general informational purposes only. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. The information and guidance provided in the website does not constitute a recommendation or solicitation by Cosmopolitan Club (Regd.)/www.cosmojnrblr.in or any of its personnel to order or buy any product as mentioned therein. Any decision by you should be based solely on your own evaluation as per your need and requirement. It is your sole responsibility to evaluate the completeness, accuracy or usefulness of any product, opinion, guidance or other content made available on the website and Cosmopolitan Club (Regd.)/www.cosmojnrblr.in claims no guarantee or responsibility for the same.
• While Cosmopolitan Club (Regd.)/www.cosmojnrblr.in and its personnel have taken adequate care to ensure completeness, accuracy, transparency etc. of the information/services and products available and provided on the website, neither Cosmopolitan Club (Regd.)/www.cosmojnrblr.in nor any of its personnel shall be anyway liable for any loss or damage caused to you claiming that they had suffered loss or damage directly or indirectly as a result of placing reliance on information obtained through the website and acting thereon or as a result of the use of the product procured from the website.
• Cosmopolitan Club (Regd.)/www.cosmojnrblr.in makes no warranty regarding the transactions entered into through the website.
Indemnification
You agree to indemnify, defend and hold harmless Cosmopolitan Club
(Regd.)/www.cosmojnrblr.in , its Office Bearers, Executive Committee, members and employees, affiliates, representatives, suppliers and Advisors, against any claim, suit, action or other proceeding brought against Cosmopolitan Club
(Regd.)/www.cosmojnrblr.in , Office Bearers, Executive Committee, members and employees, affiliates, representatives, suppliers and Advisors and as by a third party, to the extent that such claim, suit, action or other proceeding brought against Cosmopolitan Club (Regd.)/www.cosmojnrblr.in , its Office Bearers, Executive Committee, members and employees, affiliates, representatives, suppliers and Advisors is based on or arises in connection with the use of this website, or by the use of products mentioned therein by you, violation of these Terms and Conditions or any links therein which may include unauthorized use of the website including use of the website contrary to law by you or someone using your computer or a violation of the Terms and Conditions contained herein by you or any misrepresentation or breach of representation or warranty contained herein made by you or any breach of any covenant or contract to be performed by you hereunder including that of violation of our intellectual property rights which may result in damage or injury. These instances are merely illustrative and are not deemed to be exhaustive for the purposes of indemnification.
You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable Advocate’s fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
Disclaimer Of Warranties
• You expressly agree that use of the website is at your sole risk. The website is provided on an “as is” and “as available” basis.
• Except as warranted in these Terms and Conditions, Cosmopolitan Club
(Regd.)/www.cosmojnrblr.in expressly disclaims all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy and completeness, and any warranties relating to non-infringement.
• Cosmopolitan Club (Regd.)/www.cosmojnrblr.in shall not be responsible or liable for the authenticity, accuracy, completeness, errors, omissions, typographic errors, disruptions, delays, interruption, failure and deletion, defect of any information, bills, payments, research, reports, analysis, quotes etc. in the website or any part thereof.
• Cosmopolitan Club (Regd.)/www.cosmojnrblr.in does not warrant that the access to the website will be uninterrupted, timely, secure, or error free, the defects will be corrected; nor does Cosmopolitan Club (Regd.)/www.cosmojnrblr.in make any warranty as to the results that may be obtained from the website or as to the accuracy or reliability of the content contained in the website.
• Cosmopolitan Club (Regd.)/www.cosmojnrblr.in shall not be liable for any action taken by you based on or relying on the information provided in or by the website.
• Cosmopolitan Club (Regd.)/www.cosmojnrblr.in does not guarantee that the contents contained in the website would be virus free or free from other harmful contents. Cosmopolitan Club (Regd.)/www.cosmojnrblr.in shall not be liable for
any virus that may enter your system as a result of you using the website. Cosmopolitan Club (Regd.)/www.cosmojnrblr.in shall not be liable for any direct, incidental or consequential loss, which may be caused to you as a result of the use of the website.
• Cosmopolitan Club (Regd.)/www.cosmojnrblr.in expressly excludes all warranties, obligations, representations, liabilities, terms or conditions (whether express or implied) or arising out of contract, statute or otherwise and irrespective of the negligence of the employees of Cosmopolitan Club (Regd.)/www.cosmojnrblr.in in connection with the information on the website. However, in no event shall Cosmopolitan Club (Regd.)/www.cosmojnrblr.in be liable for loss of profits, loss of business projects or opportunity or any direct, indirect or consequential losses of any kind arising out of or in connection with the use of or reliance on information on the website or inability to use the website or any of its contents or any delays in the provision of information or any action taken or not taken as a result of you using the website.
• Cosmopolitan Club (Regd.)/www.cosmojnrblr.in has taken reasonable efforts to include up-to-date, current and accurate information in the website, but make no representations, warranties, or assurances as to the accuracy, currency, or completeness of the material, products, information or graphics provided in the website. Cosmopolitan Club (Regd.)/www.cosmojnrblr.in shall not be liable for any damages, losses or injury resulting from your access to, or inability to access the website, or from your reliance on any information provided at the website.
• Please note that the information, materials and graphics available on the website may be incomplete, out of date or incorrect and the information, materials and graphics available on the website may be subject to change without notice.
• You are at liberty to discontinue using the website if you are dissatisfied with any portion of the website or with any of these Terms and Conditions.
Limitation Of Warranties
Under no circumstances, even if Cosmopolitan Club (Regd.)/www.cosmojnrblr.in has been advised of the possibility of such damages including but not limited to negligence, shall Cosmopolitan Club (Regd.)/www.cosmojnrblr.in , its employees and directors, its suppliers and its third party Advisors be liable for any direct, indirect, incidental or consequential damages or any damages whatsoever including punitive or exemplary (including, but not limited to, damages caused by any virus, personal injury, loss of profits, data or other intangible, business interruption, loss of privacy, or any other pecuniary loss) :
Jurisdiction
Since the website can be globally accessed, Cosmopolitan Club
(Regd.)/www.cosmojnrblr.in accepts no liability whatsoever, direct or indirect for noncompliance with the laws of any country other than that of India. Only the laws of India shall govern these Terms and Conditions and the operation of the website. Any law or statutory requirements of any other Country except India will have no applicability to these Terms and Conditions.
Miscellaneous
• That the relationship between you and Cosmopolitan Club
(Regd.)/www.cosmojnrblr.in is solely and expressly governed by these Terms and
Conditions for the use of the website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Cosmopolitan Club (Regd.)/www.cosmojnrblr.in with respect to the website.
• Performance of this contract is subject to existing laws and legal process, and nothing contained in this contract is in derogation of Cosmopolitan Club (Regd.)/www.cosmojnrblr.in rights to comply with governmental, court and law enforcement requests or requirements relating to your use of this website or information provided to gathered by Cosmopolitan Club (Regd.)/www.cosmojnrblr.in with respect of such use.
• You agree to abide by any amendment or subsequent change in law or incorporation of any law, Government notifications, the rules, regulations and guidelines issued by Information Technology Act, 2000 and other regulatory bodies defining rules/regulations governing the offer of any service on the website and the law of the land. These changes and amendments shall be notified on the website and these Terms and Conditions will be suitably amended to be in conformity with the same and you agree to cooperate and abide by such changes.
• If any provision or condition of these Terms and Conditions are held to be invalid or unenforceable by reason of any law, rule, administrative order or judicial decision by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby and these Terms and Conditions shall be carried out as if any such invalid or unenforceable provision, term or condition was not contained herein.
• All transactions are generally carried out within a reasonable time but for transactions which cannot be carried out instantaneously the same will be carried out during working hours either on the same day or on the next working day or such further period as may be determined and/or specified by Cosmopolitan Club
(Regd.)/www.cosmojnrblr.in depending upon the time of logging of the transaction. Cosmopolitan Club (Regd.)/www.cosmojnrblr.in shall not be responsible for any delay which may occur due to late carrying out of the transactions.
• All transactions that are carried out by you shall be subject to Governmental notifications, rules, regulations and guidelines and statutes and other regulatory bodies defining rules/regulations governing the offer of sale of any product on the website and the law of the land.
• Cosmopolitan Club (Regd.)/www.cosmojnrblr.in may from time to time send by email or otherwise, information relating to its products and services offered by its group companies or Affiliates, general information related to its products and other services.
• You agree and acknowledge that any rights not expressly granted herein are reserved.
• The clause headings in these Terms and Conditions are only for convenience and do not affect the meaning of the relative term.