Terms & Conditions
- This Terms of Use (“TOU”) is published by Koozix India Private Limited., a company incorporated under the Companies Act, 2013, having its registered office at 35 A & 35 B, Ground Floor,Tower B-1, Spaze I-Tech Park,Sohna Road, Sector – 49.Gurgaon – 122001. (CIN) U72900HR2017PTC068958 hereinafter referred to as “Company” and/or “Koozix” which term, unless repugnant to the context or meaning thereof, shall mean and include its directors, employees, and associates to provide the terms of use that will be applicable in the context of the Koozix Website (Koozix.com) and (hereinafter referred to as its “Application”) and govern the persons downloading, signing up/registering on the Application and purchasing the financial products as presented by Partner through the Application (hereinafter referred to as “End Customer”) or downloading signing up/registering and/or promoting financial products of Company’s clients products and services on the Application to the End Customer (hereinafter referred to as “Partner/s”) (End Customer and Partner/s shall collectively be referred to as “Users”). This TOU should be read in conjunction with the Privacy Policy included in the Company Application’s privacy policy section. USERS ARE HEREBY ADVISED THAT BY USING THE COMPANY APPLICATION IT IS DEEMED THAT THE USERS HAVE CONSENTED TO THIS TOU AND THAT BY ACCEPTING THE TOU AND PRIVACY POLICY AT THE TIME OF REGISTRATION IT IS DEEMED THAT THE USER HAS CONSENT TO THIS TOU AND THAT THE USER REPRESENTS TO COMPANY THAT THEIR AGE IS 18 YEARS OR MORE THAN 18. A USER SHALL IMMEDIATELY STOP USING THE COMPANY APPLICATION IF THE USER DISAGREES WITH THE TERMS OF THIS TOU OR THE APPLICATION OR INTENDS TO WITHDRAW THEIR CONSENT TO THE SAME. If a user wishes to revoke their consent to these terms, they must notify the grievance officer in writing using the contact information provided in the privacy policy on the application in the manner specified therein. According to the Indian Contract Act, 1872, the Information Technology Act, 2000, and the Information Technology guidelines, this TOU and the Privacy Policy are a legally binding agreement between the User and the Company, and they hereby contain the following terms:-
- • It is not permitted for the User to publish, host, display, upload, change, transmit, post, communicate, update, or share any information that –
- Belongs to someone else and over which the user has no authority
- is extremely hurtful, harassing, abusive, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invading another person’s privacy, undesirable on the basis of race or ethnicity, insulting, connected to or supporting money laundering or gambling, or otherwise illegal in any way.;
- hurt children in any way;
- violates third-party intellectual property rights as well as any patents, trademarks, copyrights, or other proprietary rights
- disobeys any currently in effect law;
- transmits any material that is blatantly insulting or ominous in character, or deceives or misleads the addressee regarding the source of such messages.;
- imitate another person’s identity;
- consists of computer code, files, or programs known to interrupt, delete, or otherwise impair the functionality of any computer resource.
- threatens India’s unity, integrity, defense, security, or sovereignty; cordial relations with other countries; public order; or incites the commission of any crime that is punishable by law; obstructs the investigation of any crime; or denigrates any other country
- is an invasion of the privacy of another individual, especially their physical privacy..
- is disparaging or harassing because of a person’s gender.
- encourages animosity between various groups on the basis of caste or religion with the intention of igniting bloodshed. And
- End-customer-specific terms and conditions
- It is acknowledged that the End Customer has read the terms of this TOU and the Privacy Policy and is familiar with all matters pertaining to the information gathered by the Partner from such User by virtue of (the End Customer) continuing to use the Application and giving consent in the manner described above..
- The End User understands and accepts that the Partner is solely responsible for the representations and warranties made with regard to the products, and that the Company shall not be held liable for the Partner’s conduct..
- The End Customer represents and certifies that the Company shall not be held liable for any loss caused by the End Customer and that it shall be the End Customer’s responsibility to educate themselves regarding the plans and benefits of the goods..
- The End Customer represents and certifies that it will not disclose its OTP to any third parties and that it understands why its personal information is being collected; as a result, the End Customer is freely submitting the personal information
- Before sending any money to the Partner, the End Customer represents and declares that it is aware of the transaction
- Prior to utilizing or acquiring financial services, the End Customer shall take all necessary safeguards
- The End User may be asked by the Partner to provide certain information relevant to their interest, including but not limited to the User’s name, User’s address, User’s phone number, Aadhar No. PAN No. and such other details as required to provide services, if the End Customer wishes to utilize the services offered on the Application
- The End Customer represents and warrants that no warranty or guarantee other than those expressly set forth herein will be created by the advice or information, whether oral or written, that the End Customer obtains in connection with the Application. Additionally, the End User recognizes that it is their obligation to verify the validity, usefulness, and correctness of all views, recommendations, services, and other content given on the Application
- Under no circumstances may the Company be held responsible for any payments made by the End Customer to the Partner for the purchase or investment of the Products
- Terms and conditions applicable to Partner
- Partner shall make genuine and accurate representations and guarantees to End Customer
- The Partner shall not disclose any information on the Products in a fraudulent, unauthorized, or inflated manner.
- The Partner hereby represents and declares that he/she will not recruit prospective leads to subscribe, invest, or buy the product using threats, inducements, or other forms of coercion. The Partner represents and declares that he or she shall not have any right to collect money on behalf of the End Customer and that he or she shall at all times take care to avoid directly or indirectly demanding or accepting money, commissions, or kickbacks from the End Customer
- The Partner is deemed to have agreed to and accepted the terms of the Service Agreement, which may be viewed by clicking on the following link, by selling, promoting, or otherwise marketing the items to the End Customer.
- The Partner represents and warrants that the product’s advertisements, terms, and conditions are dependent on third parties, namely the financial institutions supplying the product, and that the Company will not be held responsible for any damage the Partner may suffer as a result
- Partner affirms and guarantees that they are familiar with the strategies and advantages of the products
- The Partner may be asked to provide certain information, including OTP for signing up, Partner’s name, Partner’s address, Partner’s phone number, Partner’s Aadhar No., Partner’s PAN No., bank details, Partner’s contact list, and such other information as necessary to provide services, if the Partner wishes to use the services offered by the Application. Partner affirms and guarantees that the data provided by the Partner is accurate and full.
- By supplying such information, the Partner allows the Company permission to share it with third parties for the purposes of providing services to the Partner and End Customer as well as for other purposes specified in the Service.
- Agreement and Privacy Policy.
- The User acknowledges and accepts that the Application may not be searched or navigated through using any engine, program, tool, agent, or other mechanism (such as spiders, robots, avatars, or intelligent agents);
- User acknowledges and agrees that, without limiting its other rights and remedies, Company shall always have the right to disable, block, restrict, or remove any or all of the User’s access to the Application if Company discovers (either directly or through reports from other Users or third parties) that the User is violating any of the terms of this TOU, the Privacy Policy, or any law currently in effect. Company has the right to do these things without informing the User first. Additionally, the company shall be permitted to disclose such information to legal counsel, regulatory bodies, and law enforcement organizations
- The User acknowledges that, unless otherwise specified in writing, the Company shall not be liable for covering any losses incurred by the User. The User irrevocably waives all rights to assert claims, bring legal action, or threaten to bring legal proceedings against the Company in an effort to obtain indemnification.
- The User acknowledges and agrees that Company shall not at any time be liable for the losses, damages, or expenses incurred by the User as a result of the disclosure of information (which is disclosed with the User’s consent in accordance with this TOU and the Privacy Policy or which is disclosed by Company to government, investigative, or regulatory authorities in a manner permitted by law). The User acknowledges and accepts that the revocation of a User’s agreement to this TOU or Privacy Policy shall take effect as of the day the Company acknowledges the User’s notification of such revocation and shall not, under any circumstances, be retroactive. IT IS HEREBY EXPLICITLY CLAIMED THAT THE COMPANY SHALL NOT BE LIABLE AND DOES NOT MAKE ANY WARRANTIES TO THE ACCURACY, TECHNICAL CORRECTNESS, BONAFIDE, OR AUTHENTICITY OF ANY INFORMATION ON THE APPLICATION (INCLUDING BUT NOT LIMITED TO PRICE, DESCRIPTION, ADVERTISEMENTS, CONTENT ON THIRD-PARTY LINKED WEBSITES) . THE COMPANY SHALL NOT BE RESPONSIBLE FOR USERS’ ACTIONS OR OMISSIONS THAT CAUSE INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS
- WHILE THE COMPANY MAY MAKE BEST EFFORT IN RELATION TO THE TECHNICAL UPKEEEP, MAINTENANCE, AND AVAILABILITY OF THE APPLICATION, THE COMPANY SHALL IN NO EVENT BE RESPONSIBLE FOR ANY LOSS OF DATA OF THE USER OR FOR THE FAILURE OF THE APPLICATION OR APPLICATION RELATED PROBLEMS.. ADDITIONALLY, IT IS SPECIFICALLY DISCLAIMED THAT THE COMPANY MAY, WITHOUT NOTIFICATION TO THE USER, MIGRATE, TRANSFER, SHUT DOWN, OR MODIFY THE APPLICATION OR ANY PART THEREOF AT ANY TIME AND AT ITS SOLE DISCRETION.
- It is made clear that users have the option to report any content on the application that they believe to be infringing upon a third party’s intellectual property rights in writing to the grievance officer, whose contact information is provided in the privacy policy, if they come across any such content. When the Company learns of such reports, it will respond quickly in this regard. If the User has any further general comments, suggestions, or complaints, we encourage them to contact us using the “contact us” button of the application
- IT IS DISCLAIMED HEREBY THAT THE COMPANY’S (AND ITS PARTNERS) GROSS LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY DISPUTES, LOSSES, DAMAGES OR EXPENSES INCURRED OR SUFFERED BY THE USER BY THE USE OF THE APPLICATION OR THE CONTENT THEREIN OR SERVICES PROVIDED BY THE COMPANY SHALL NOT EXCEED. Under no circumstances shall the Company be liable for indirect, special, incidental, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits or lost revenues, regardless of the cause, and regardless of the existence of any implied warranty, including but not limited to the warranty of merchantability or fitness for a particular purpose.
- Further, it is made clear that the company will not be held responsible in any way for any delay or failure to fulfill an obligation under the terms and conditions that may be caused directly or indirectly by the partner’s incapacity, negligence, or failure to provide complete and accurate information.
- THE USER SHALL FULLY AND WITHOUT LIMITATION INDEMNIFY, PROTECT AND HOLD HARMLESS COMPANY, ITS DIRECTORS, EMPLOYEES AND ASSOCIATES FROM AND AGAINST SUCH LOSSES IN THE EVENT COMPANY FACE ANY SUITS OR CLAIMS OR SUFFERS ANY – LOSSES OR DAMAGES OR INCURS ANY EXPENSE OWING TO THE ACTS OR OMISS
- In the event that the Company and the User have entered into a separate written agreement regarding the subject matter of this agreement, such agreement shall be read in conjunction with the terms of this TOU and the Privacy Policy, and in the event of any inconsistency, the terms of the specific agreement (to the extent of the inconsistency only) shall control.
- The laws of India shall govern these TOU and Privacy Policy. User acknowledges that all disputes will be resolved through arbitration by a single arbitrator chosen by the company, and that only Bangalore’s courts will have the authority to resolve disagreements between the parties (for example, to grant temporary relief or to uphold an arbitral ruling). Both the User and the Company are responsible for their own costs incurred during the dispute resolution procedure.
- Company has the right to change these TOU and the Privacy Policy at any time and will notify the User when it does so. The Company reserves the right to suspend, freeze, or block the User’s wallet or account in the event that they fail to abide by the terms of service and privacy statement
- The parties hereby agree that in the event that any provision of our TOU and Privacy Policy is found to be invalid, unlawful, or unenforceable, such provision shall be assumed to be deleted, and the remaining provisions of the TOU shall remain in effect as-is
- The Company shall not be deemed to have waived any of its rights or remedies under the Terms of Use or any other policies by any delay or omission to pursue such rights or remedies, unless such waiver is confirmed in writing.
- If a failure or delay in performing an obligation under these TOU or the Privacy Policy is attributable to events outside of Company’s control or a force majeure event, Company shall not be liable
- It is the user’s responsibility to make all arrangements required for access to the Application and, consequently, the Services. The user is also in charge of making sure that anyone using their account to access the application is aware of these terms and agrees to abide by them. All actions or omissions under the User’s account are the joint and several liability of the User and such individuals. User acknowledges that access to their account depends on outside variables like internet service providers and network connectivity. & Company won’t be held responsible for any harm caused by your incapacity to access your user account. By signing this agreement, the user affirms that they are in conformity with all applicable laws. The User acknowledges and agrees that the Company will not be held responsible for any disputes between the Users or made a party to such disputes. Instead, the User will be responsible for holding the Company harmless from and against any losses, damages, or claims that may be made or threatened against the Company.