Terms & Conditions

Terms & Conditions

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signature.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which require the publishing of rules and regulations, privacy policy and terms of use for access or usage of the domain name cosmisk.com ("Website"), including any related mobile site and mobile application (hereinafter referred to as the "Platform").

The Platform is owned and operated by Cosmisk, a sole proprietorship of Sanskar Saxena, registered as a Micro Enterprise under the Micro, Small and Medium Enterprises Development Act, 2006 vide Udyam Registration Number UDYAM-GJ-01-0663897, having its principal place of business at 27, Nirmal Bunglows, Nr Karnavati Park, Opp Baroda Expressway, CTM, Ahmedabad, Gujarat 380026, India (hereinafter referred to as "Platform Owner", "we", "us", "our").

Payments for Cosmisk are collected on Cosmisk’s behalf by Smashed Agency, a partnership firm (GSTIN 24AFIFS5637J1ZM, Udyam UDYAM-GJ-01-0449085; 5th Floor, 517, Sun Gravitas, Shyamal Cross Road, Nr Rajmani Society, Ahmedabad, Gujarat 380015, India), through Razorpay. You will see Smashed Agency on the payment page and on your receipt.

Your use of the Platform and our services and tools is governed by these terms and conditions ("Terms of Use") as applicable to the Platform, including the applicable policies which are incorporated herein by reference. If you transact on the Platform, you shall be subject to the policies applicable to the Platform for such transaction. By mere use of the Platform, you shall be contracting with the Platform Owner, and these Terms of Use including the policies constitute your binding obligations with the Platform Owner.

These Terms of Use relate to your use of our website and services (collectively, "Services"). Any terms and conditions proposed by you which are in addition to, or which conflict with, these Terms of Use are expressly rejected by the Platform Owner and shall be of no force or effect. These Terms of Use may be modified at any time without assigning any reason. It is your responsibility to periodically review these Terms of Use to stay informed of updates.

For the purpose of these Terms of Use, wherever the context so requires, "you", "your" or "user" shall mean any natural or legal person who has agreed to become a user of the Platform.

Use of the Platform

• To access and use the Services, you agree to provide true, accurate and complete information to us during and after registration, and you shall be responsible for all acts done through the use of your registered account on the Platform.
• Neither we nor any third party provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials offered on this Website or through the Services for any specific purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• The Services include analysis, recommendations and content generated using artificial intelligence. Such output is provided for informational purposes as an aid to your own judgement. It does not constitute professional, financial, legal or marketing advice, and no outcome, return on advertising spend or business result is warranted or guaranteed. All advertising, budget and creative decisions taken by you remain your sole responsibility.
• Your use of our Services and the Platform is solely and entirely at your own risk and discretion, for which we shall not be liable to you in any manner. You are required to independently assess and ensure that the Services meet your requirements.
• The contents of the Platform and the Services are proprietary to us or are licensed to us. You will not have any authority to claim any intellectual property right, title or interest in its contents, which include and are not limited to the design, layout, look and graphics. You acknowledge that unauthorised use of the Platform or the Services may lead to action against you under these Terms of Use or applicable law.
• You agree to pay us the charges associated with availing the Services.
• You agree not to use the Platform or the Services for any purpose that is unlawful, illegal or forbidden by these Terms, or by Indian or local laws that might apply to you.
• You are responsible for ensuring that your use of the Services, and any data you connect to the Platform, complies with the terms of the third-party advertising platforms from which that data originates.
• You agree and acknowledge that the Website and the Services may contain links to other third-party websites. On accessing these links you will be governed by the terms of use, privacy policy and other policies of those third-party websites. These links are provided for your convenience and to provide further information.
• You understand that upon initiating a transaction for availing the Services you are entering into a legally binding and enforceable contract with the Platform Owner for the Services.

Indemnity

You shall indemnify and hold harmless the Platform Owner, its affiliates and their respective officers, agents and employees from any claim, demand or action, including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use, the Privacy Policy or other policies, or your violation of any law, rules or regulations or the rights of a third party, including infringement of intellectual property rights.

Limitation of Liability

In no event will the Platform Owner be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the Services.

Notwithstanding anything contained in these Terms of Use, the aggregate liability of the Platform Owner, however caused and whether arising in contract, tort, negligence, warranty or otherwise, shall not exceed the total amount paid by you to us for the Services in the three (3) months immediately preceding the event giving rise to the claim.

Force Majeure

The parties shall not be liable for any failure to perform an obligation under these Terms if performance is prevented or delayed by a force majeure event.

Governing Law and Jurisdiction

These Terms, and any dispute or claim relating to them or their enforceability, shall be governed by and construed in accordance with the laws of India. All disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts at Ahmedabad, Gujarat.

All concerns or communications relating to these Terms must be communicated to us using the contact information provided on this Website.