Terms of service

Terms of service

COCOMO (“Cocomo”) is the property of and operated by Treeline Technology Private Limited (the “Company”), a company incorporated under the Companies Act, 2013, and having its registered office at B1601, Lodha Bellissimo N. M. Joshi Marg, Mahalaxmi Mumbai Mumbai City MH 400011 India. By accessing or using any version of this website www.cocomo.in (the “Website”) you signify that you have read, understood and agree to be bound by these Terms and Conditions (“T&C”) and any other applicable law, irrespective of you being a registered user. As used herein, “Users” shall mean any person who uses or accesses the Website on any computer, mobile phone, tablet, console or other device (collectively, "Device"). Your continued use of the Website shall constitute your acceptance of the T&C, as may be revised from time to time. If you do not agree with these T&C, please refrain from the access and use of this Website. For the purposes of these T&C, “we”, “our” and “us” shall mean Treeline Technology Private Limited, and/or third-party service providers engaged by Treeline Technology Private Limited to render certain services on the Website and “you” and “your” shall mean you the User who meets the below eligibility criteria.

1. Terms and conditions subject to change

• We reserve the right to update or modify these T&C at any time without prior notice. Your access and use of the Website following any such change constitutes your agreement to follow and be bound by these T&C, as updated or modified from time to time. For this reason, we encourage you to review these T&C each time you access and use the Website.

2. Eligibility

• You represent and warrant that you are competent and eligible to enter into a legally binding agreement and to be bound by these T&C. You shall not access and use the Website if you are not competent to contract under any applicable laws, rules and/ or regulations.

• If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access the Website and avail of the features and facilities on its behalf only upon being duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity and further, if you have fulfilled such additional eligibility requirements as you may be required to in connection therewith.

3. Intellectual Property Policy

• All of the content on the Website, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames ("Website Content"), constitute our and/or our concerned licensors’ intellectual property. Copyright laws in all applicable jurisdictions protect the Website and the Website Content.
• You may access the Website, avail of the features and facilities and utilize the Website Content for your personal and/ or internal requirements only. You may not duplicate, distribute, create derivative works of, display, or commercially exploit the Website Content, features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular Website Content, you must contact us at the address/email id provided in paragraph 20 below.
• The Company and its concerned licensors, if any, are the sole owners of the underlying software and source code associated with the Website and all the trademarks, copyright and any other intellectual property rights of any nature in the Website; and rights over any and all of these shall vest solely in the Company or its concerned licensors as the case may be.
• We grant you a limited, revocable, and non- exclusive license to access and make personal use of the Website. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Website or the portion thereof; (b) republish, redistribute, transmit, sell, license or download the Website or any and /or all content (except caching or as necessary to view the Website); (c) make any use of the Website or any and/or all content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Website or any and/or all content; (e ) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and /or all contents; or (g) use software, robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Website or affixed to or contained in the Website.
• We also grant you a limited, revocable and non-exclusive license to create a hyperlink to the home page of the Website for personal, non- commercial use only. A website that links to the Website (i) may link to, but not replicate, any and/or all of our content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive, controversial or illegal or inappropriate for any age; (v) may not portray us or our products or services, in a false, misleading, derogatory or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Website other than the home page. We may, in sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorised in writing by us to resume linking.
• Any unauthorised use by you of the Website or any and/or all of our content automatically terminates the limited licenses set forth here without prejudice to any other remedy provided by applicable law or this T&C.

4. Free Gift Box / Trial

• You may use the Website to order a “free gift box” upon payment of shipping charges (as may be applicable) for which you may be redirected to a third party page and /or payment provider. Use of such third party page shall be governed by the host/provider of such third party page/ payment provider and the Company shall have no liability therein.
• Free Trial: 1) the free trail is restricted to a maximum of 1 sample per person / per order; 2) the order of a free trial cannot be combined with a purchase of full size products. For any other purchase, a separate order must be placed from the same account; 3) the Company reserves the right to change/ modify/add/delete any of the terms and conditions prevailing on the free trial promotion and at its discretion, can withdraw limit the same from time to time.

5. Use of Website- Features and Facilities

• Through the Website, the Company publishes details of products on offer under the Company’s brand name “Cocomo”, salient features, thereof, contain promotional information, reviews, of our products from third parties.
• We hereby grant to you a restricted, non-transferable, license to download and use the Website on a Device, having the specifications provided for in Clause 7 of these T&C, which you own or control, to avail of the functions and features in accordance with these T&C.
• Your usage of the Website may require you to provide to us certain personal and financial information, which shall be collected and maintained as per the terms laid down in our Privacy Policy.
• Third party links: We are not responsible for the content of any off-websites linked to or from the Websites. Links appearing on this Website are for convenience only and are not an endorsement by us, or affiliates or our partners of the referenced content, product, service or supplier. Your linking to or from any off- website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off – website pages or any other websites linked to or from the site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the T&C’s and privacy policy of all off-websites and other websites that you visit.
• Privacy and Shipping Policy: Please review our privacy policy and shipping policy so that you may understand our privacy and shipping practices.

6. Products and Services for personal use:

• The products and services described on the Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our T&Cs.
• Accuracy of information: we attempt to be as accurate as possible when describing our products on the Website. However, except to the extent implied by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the Website are accurate, complete, reliable, current or error-free.

7. Customer Communications

• Accepting these T&C, implies your express consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you. You further agree to us contacting you in any manner, including without limitation, SMS messages (including text messages), calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS.
• You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that you may provide to us are your own and not someone else's and are true, accurate, current and complete. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us and emails at each of the email addresses you have provided us. You agree to notify us whenever you stop using a particular telephone number(s) and/or email address (es).
• Submissions: It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned, and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
• When you transmit, upload, post, e-mail or otherwise make available data, text, soware, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Website, you are entirely responsible for such User Content. Such User Content constitutes a Submission above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Website. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the website User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary and/or intellectual property rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam". You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users. We do not endorse or control the User Content transmitted or posted on the Website and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using this website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Website. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

8. User Guidelines

• In consideration of the Company granting you the rights hereunder, you hereby agree not to use the Website for any purpose that is unlawful under any applicable laws and/or in violation of the terms of these T&C and our Privacy Policy. You shall not use the Website in any manner that could damage, disable, overburden, or impair our server, or any network(s) connected to our server, or interfere with any other party's use and enjoyment of the Website. You shall not attempt to gain unauthorized access to any functions and features, other user accounts, computer systems or networks connected to servers used by us, in any manner, including, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available through the Website.
• The Website is made available to you solely for personal and non-commercial use. You shall not allow third parties to: (i) make and/or distribute copies of the Website or any deliverable generated by the Website; (ii) attempt to copy, reproduce, alter, modify and/or reverse engineer the Website; and/or (iii) create derivative works of the Website.
• You accept that any and all operations emanating from your Device shall be assumed to have been initiated by you.
• You shall not copy, reproduce, distribute, or create derivative works of our content that is available on the Website. Also, you shall not reverse engineer or reverse compile our technology that is available on the Website, or may be associated with the Website from time to time.
• You are responsible for any and all activities that occur on/from your device. You agree to notify the Company immediately of any unauthorized use of your device or any other breach of security. The Company shall not be liable for any loss to you or your organization owing to negligent actions or a failure on your part to inform the Company, within a reasonable time, about loss or theft of your Device and/or any unauthorized access from your device, either with or without your knowledge.
• You shall be liable for losses incurred by the Company or any party due to a third party’s use of the device.
• The Company shall make all reasonable efforts to ensure that your information is kept confidential. However, the Company shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the Device due to theft, negligence or failure on your part to practice safe computing.
• You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by You and the Company shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
• You understand and acknowledge that upon using the Website, you authorize us to access third party sites designated by you, on your behalf, to retrieve such information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us a limited powers and hereby authorize us with the full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with services and facilities available on the Website, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ACCESSES AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that such third parties shall be entitled to rely on the foregoing authorization, agency granted by you.
• You must notify your bank immediately in the event your credit card is lost, stolen, not received, swallowed at an ATM, or is being misused without your permission. Please refer the detailed instructions received from your bank for additional precautions to be taken in case of loss/ theft/ misuse of your credit card.

9. Indemnification

• You agree to indemnify, defend and hold harmless the Company and its Affiliates, directors, officers, representatives, employees and agents (collectively, the “Indemnified Persons”) against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your access and use of the Website in violation of these T&C and/or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.

10. Warranties

• The Website and the functions and features therein are provided on an "as is"/"as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
• The Company shall make reasonable efforts to make available the Website and the functions and features at all times. However, we make no warranty that the Website shall meet your requirements, be uninterrupted, timely, secure, and/or error free. Further we do not make any warranty as to the results that may be obtained from the use of the functions and features or as to the accuracy, reliability and/or quality of the output derived therefrom.
• Any material downloaded or otherwise obtained through the Website is done at your own discretion and risk and you are solely responsible for any damage to your Device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the service will create any warranty not expressly stated in these T&C.

11. Limitation of Liability

• IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THE WEBSITE’S FUNCTIONS AND FEATURES OR FOR INTERRUPTIONS, DELAY, ETC., EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF DAMAGES RESULTING FROM THE COST OF GETTING SUBSTITUTE FACILITIES ON THE WEBSITE, ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA STATEMENTS OR CONDUCT OF ANYONE ON THE WEBSITE, OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE THE FUNCTIONS AND FEATURES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THIS CLAUSE SHALL SURVIVE IN PERPETUITY.

12. Severability

• If any provision of these T&C is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the T&C will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.

13. Termination

• The Company may terminate the use of the Website at any time after giving notice of the termination to you.
• Upon termination, of the rights the use of Website or the T&Cs at any time by the Company and license granted to you herein shall terminate and you must cease all use of the Website.

14. Waiver

• Any failure on the part of the Company to require performance of any provision of these T&C shall not affect its right to full performance thereof at any time thereafter, and any waiver by the Company of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.

15. Assignment

• You shall not assign or transfer any rights, obligations, or privileges that you may have under these T&C, without the prior written consent of the Company. Subject to the foregoing, these T&C will be binding on the successors and permitted assignees of you the User. Any assignment or transfer in violation of this clause will be deemed null and void.

16. Updates

• You hereby agree to install the updates from time to time as may be required and acknowledge that the Company will only be able to provide support for the Website if you are using the latest version of the Website.

17. Validity of T&C

• These T&C shall apply when you complete the authentication process and create an Account and shall remain valid and binding on you for so long as you use the Account.

18. Governing Law and Jurisdiction

• These T&C (and by extension, the Privacy Policy) are governed and construed in accordance with Indian law. By using the Website, you hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, in the event of any disputes arising out of or in relation to your access to and use of the Website.

19. Contact Information

Email: help@cocomo.in

Address: Treeline Technology Pvt. Ltd. , B1601 Lodha Bellissimo, N.M. Joshi Marg, Mahalaxmi, Mumbai 400011.