TERMS AND CONDITION
Welcome to the GoCoop.com.
GoCoop.com is a Social Marketplace for Co-operatives and Community based Producer Organizations (Example, Producer Companies, Self-help groups - SHG) and other micro and small enterprises to list and sell their produce online, and henceforth referred to as "GoCoop Platform". The platform consists of various business services including GoCoop Directory, GoCoop Listings, GoCoop eCommerce. The platform is owned and operated by GoCoop Solutions and Services Private Limited, Bangalore, India here after referred as “GoCoop entity” or “GoCoop”.
Unless explicitly stated otherwise, the following Terms and Conditions are applicable for all the users of the GoCoop platform which includes Producer organization Users, Members, Buyers and Suppliers. All references to users using terms such as “You” and/or “Users” shall be applicable to all the users of the GoCoop platform.
You may not use the GoCoop Platform and may not accept the Terms if (a) you are not 18 years old or of legal age to form a binding agreement with GoCoop entity, or (b) you are not permitted to use any Services under the laws of Republic of India or other countries / regions including the country / region in which you are resident or from which you use the Services.
Your use of the GoCoop Platform is subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you. You can review the most current version of the terms and conditions at any time at: http://www.GoCoop.com/content/terms-and-conditions. In addition, when using particular GoCoop Platform services, you may be subject to guidelines or rules or additional terms (which may be posted from time to time) applicable to such services and which are incorporated by reference. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions. The GoCoop Platform may also offer other services that are governed by different Terms of Service.
The GoCoop Platform is not available to users if (a) you are at least 18 years old or of legal age to form a binding contract with GoCoop entity, or (b) you are not permitted to use any Services under the laws of Republic of India or other countries / regions including the country / region in which you are resident or from which you use the Services and (c) to any users previously suspended or removed from the GoCoop Platform by GoCoop entity.
BY ACCESSING, BROWSING, DOWNLOADING, UPLOADING, BUYING, SELLING, OR OTHERWISE USING THE GOCOOP PLATFORM, YOU REPRESENT THAT YOU ARE OF THE REQUIRED LEGAL AGE AND ARE PERMITTED BY THE COUNTRY/REGIONAL/LOCAL LAW APPLICABLE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE GOCOOP PLATFORM.
2. Individual Features and Services
When using the GoCoop Platform, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
3. Modification of these Terms
GoCoop reserves the right, at our discretion, to change, modify, amend, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the GoCoop Platform after the posting of changes constitutes Your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the GoCoop Platform. We will always make a reasonable effort to notify You if we do change these Terms.
4. GoCoop Platform License Grant
4.1. License Grant to Upload
4.2. License Grant to Download
4.2. License Grant to Co-operatives to e-listing Products and Services
a) Such a listing can include commercially reasonable information related to the products which are subject matter of your business such as description of the offered Products and Services and their availability, prices of the offered Products and Services and any other such information like product specifications that are relevant in helping the purchaser in deciding to buy the offered Products and Services.
b) You may also additionally list your own terms and conditions over and above those imposed by GoCoop while offering to sell Your Products and services such as price of the product, geographical area for delivery of the purchased products and mode of payment. These additional terms constitute an agreement between Yourself and the Buyers of the Products and Services offered by You and GoCoop is not bound by the Terms and Conditions listed by you on the GoCoop Platform and shall in no way release Yourself and the Buyers of the Products and Services offered by You from any of the obligations, restrictions and in general all the sections set forth in this Terms and Conditions document.
c) Notwithstanding any obligations hereunder of GoCoop under the provisions of this Terms and Conditions document, GoCoop shall not be liable for the successful completion of the purchase of the Products and Services offered by you by the Buyers including but not limited to full payment, delivery indicated order in the GoCoop Platform and it is Your sole and complete responsibility for ensuring the successful completion of the purchase of the Products and Services offered by you by the Buyers including but not limited to full payment, taking the delivery at the time and location indicated at the time of placing the purchase order in the GoCoop Platform.
4.3. License Grant to Buyers to buy Products and Services
a) Notwithstanding any obligations hereunder of GoCoop under the provisions of this Terms and Conditions document, GoCoop shall not be liable for accuracy and completeness of information provided by the Producer organization including but not limited to information related to Products and Services offered for sale by Producer organization on the GoCoop Platform including the price of these offered Products and services.
b) Notwithstanding any obligations hereunder of GoCoop under the provisions of this Terms and Conditions document, GoCoop shall not be liable for complete fulfillment of your purchase of the Products and Services purchased by You from the Producer organization on the GoCoop Platform including by not limited to the quality and quantity of these Products and Services as promised by the Producer organization from whom You are making the said purchase, delivery at the place and time as agreed between Yourself and the Producer organization from whom You are making the said purchase. In the event of any default on the part of the Producer organization in fulfilling the terms of the sale of the Products and Services to You including but not those listed in Section 4.3.b of this document, it shall be Your sole and complete responsibility to complete fulfillment of your purchase of the Products and Services purchased by You from the Producer organization on the GoCoop Platform including by not limited to the quality and quantity of these Products and Services as promised by the Producer organization from whom You are making the said purchase, delivery at the place and time as agreed between Yourself and the the Producer organization from whom You are making the said purchase.
d) You may also track the delivery status of the purchased Products and services subject to the availability of such functionality on the GoCoop Platform.
e) Unless mutually agreed between Yourself and the Producer organization and allowed by the GoCoop Platform, You are not allowed to cancel the confirmed purchase of Products and services offered on the GoCoop Platform.
f) GoCoop does not recommend, endorse or certify any of the Producer organization registered on the GoCoop Platform nor any of the Products and Services offered for sale by the Producer organization on the GoCoop Platform unless they have been explicitly approved by GoCoop on the GoCoop Platform.
4.4. Reservation of Rights
4.5. Prevention of Unauthorized Use
GoCoop reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the GoCoop Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
4.6. Fees; Taxes
GoCoop provides various business services to the Producer organization. The GoCoop Global Directory is free of charge for Producer organization societies to publish details of their organization.
For other business services including the marketplace, GoCoop would charge transaction fees or similar service fees to the Producer organizations. GoCoop reserves the right to charge a non-refundable fee for using GoCoop Platform without notice in its sole discretion. You are responsible for paying any governmental taxes imposed on your use of the GoCoop Platform and/or GoCoop APIs, including, but not limited to, sales, service, use or value-added taxes. To the extent GoCoop is obligated to collect such taxes, the applicable tax will added to any fees GoCoop may charge. Any fees paid for the usage of GoCoop Platform (wholly or in-part) shall be non-refundable under all circumstances including but not limited to revocation of account or non-utilization of the services of GoCoop Platform.
5. User Content License Grant; Representations and Warranties
5.1. License Grant to GoCoop
Unless otherwise agreed to in a separate written agreement between You and GoCoop that was signed by an authorized representative of GoCoop:
a) By distributing or disseminating User Content through the GoCoop Platform, You hereby grant to GoCoop a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, irrevocable, license to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise exploit Your User Content, in any media formats and through any media channels, solely in order to publish and promote such User Content in connection with services offered or to be offered by GoCoop. Such license will apply to any form, media, or technology now known or hereafter developed.
b) By uploading User Content, You hereby warrant that Your User Content is free of any digital rights management, including any software designed to limit the number of times User Content may be copied or played.
c) The Users grant GoCoop royalty free, irrevocable, unfettered, unconditional and unlimited rights in perpetuity, to utilize the User content for commercial purposes including but not limited to
i) Marketing the user content to thirty parties,
ii) Enrichment, modification, repackaging and other kinds of processing of User content and then marketing the result to third parties,
iii) Insertion of advertising into User content including but not limited to Co-operatives' website on the GoCoop platform and orders purchased by the Purchasers
5.2. License Grant to other GoCoop users
By distributing or disseminating User Content through the GoCoop Platform, You hereby grant to each User that is authorized to access Your User Content a non-exclusive, irrevocable license to access and use Your User Content. Notwithstanding the foregoing, You hereby grant to each User that is authorized to access You User Content at least a limited, non-exclusive, personal and irrevocable license to view and download such User Content in the manner contemplated by these Terms and the GoCoop Platform.
5.3. User Content Representations and Warranties
You are solely responsible for Your User Content and the consequences of posting or publishing them. By uploading and publishing Your User Content, You affirm, represent, and warrant that:
(2) Your User Content does not and will not:
(a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or
(b) slander, defame, or libel any other person; and
(3) Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
5.4. User Content Disclaimer
6. Prohibited Conduct
BY USING THE GOCOOP PLATFORM YOU AGREE NOT TO:
6.1. Use the GoCoop Platform for any purposes other than to offer products and services for sale, provide information related to the said products and services including but not limited to product description, prices, terms and conditions for delivery and mode of payment, browsing User Content and to buy the said products and services by placing an order and specifying mode, time and location of delivery and mode of payment and/or to access the GoCoop Platform as such services are offered by GoCoop;
6.2. Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 10, below);
6.3. Post, upload, or distribute any defamatory, libelous, inappropriate, irrelevant or inaccurate User Content or other content;
6.4. Post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
6.5. Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the GoCoop Platform accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the GoCoop Platform, or perform any other similar fraudulent activity;
6.6. Delete the copyright or other proprietary rights on the GoCoop Platform or User Content;
6.7. Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the GoCoop Platform. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
6.8. use the GoCoop Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, offering products for sale that are prohibited by law and offering for sale products that are prohibited to be sold to Buyers who are below 18 years of age or as described in the Eligibility clause 1 of this agreement;
6.9. Defame, harass, abuse, threaten or defraud Users of the GoCoop Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent;
6.10. Use the GoCoop Platform if You are under the age of eighteen (18) years oldor as described in the Eligibility section 1 of this agreement;
6.11. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the GoCoop Platform or User Content, features that prevent or restrict use or copying of any content accessible through the GoCoop Platform, or features that enforce limitations on the use of the GoCoop Platform or User Content;
6.12. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the GoCoop Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
6.13. Modify, adapt, translate or create derivative works based upon the GoCoop Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
6.14. Intentionally interfere with or damage operation of the GoCoop Platform or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
6.15. Relay email from a third party’s mail servers without the permission of that third party;
6.16. Use any robot, spider, scraper, or other automated means to access the GoCoop Platform for any purpose or bypass any measures GoCoop may use to prevent or restrict access to the GoCoop Platform;
6.17. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the GoCoop Platform;
6.18. Interfere with or disrupt the GoCoop Platform or servers or networks connected to the GoCoop Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the GoCoop Platform; or
6.19. Post, upload or distribute marketing material for products and services other than those that are offered for sale via GoCoop platform, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that detracts from the GoCoop.com experience.
When You use the GoCoop Platform to upload and/or download content or any products, services, or information from GoCoop, You may be asked to provide a password. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You agree that the information You provide to GoCoop on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify GoCoop. You may be liable for the losses incurred by GoCoop or others due to any unauthorized use of Your GoCoop Platform account.
8. Third-Party Sites, Products and Services; Links
The GoCoop Platform may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). GoCoop does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the GoCoop Platform are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
You agree that GoCoop, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with GoCoop or Your use of the GoCoop Platform and remove and discard all or any part of Your account, User profile, and any User Content, at any time. GoCoop may also in its sole discretion and at any time discontinue providing access to the GoCoop Platform, or any part thereof, with or without notice. You agree that any termination of Your access to the GoCoop Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that GoCoop will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies GoCoop may have at law or in equity. As discussed herein, GoCoop does not permit copyright infringing activities on the GoCoop Platform, and will terminate access to the GoCoop Platform, and remove all User Content or other content submitted by any Users who are found to be repeat infringers. GoCoop also reserves the right to terminate Your use of the GoCoop Platform and remove all User Content including pending purchase orders submitted or received, or other content submitted by You in case You are found to be defaulting on delivery of purchase orders for Products and Services offered by you or on payment against the products and services delivered against purchase orders placed by You on the GoCoop Platform. The decision of GoCoop on the occurrence of such a default shall be final and binding on You.
10. Ownership; Proprietary Rights
You agree to indemnify, save, and hold GoCoop, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the GoCoop Platform, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. GoCoop reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify GoCoop, and You agree to cooperate with GoCoop’ defense of these claims. GoCoop will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
YOU SPECIFICALLY AGREE THAT GOCOOP 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 AN GOCOOP PLATFORM. YOU SPECIFICALLY AGREE THAT GOCOOP 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 GOCOOP IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN GOCOOP PLATFORM BY ANY THIRD PARTY.
12. Disclaimers; No Warranties
12.1. No warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GOCOOP, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF PRODUCER ORGANIZATIONABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS RELATED TO BOTH THE GOCOOP PLATFORM AND PRODUCTS AND SERVICES OFFERED FOR SALE ON THE GOCOOP PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOCOOP OR THROUGH THE GOCOOP PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 12, THE TERM GOCOOP INCLUDES GOCOOP'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
12.2. "As is" and "As available" and "With All Faults"
YOU EXPRESSLY AGREE THAT THE USE OF THE GOCOOP PLATFORM IS AT YOUR SOLE RISK. THE GOCOOP PLATFORM AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING COMMERCIAL CONTENT), PICTURES, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GOCOOP PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
12.3. Platform Operation and User Content
GOCOOP, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE GOCOOP PLATFORM OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
GOCOOP, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE GOCOOP PLATFORM OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
12.5. Harm to Your Computer
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE GOCOOP PLATFORM OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA AND YOU EXPLICITLY AGREE TO INDEMNIFY, SAVE, AND HOLD GOCOOP, ITS SUPPLIERS, LICENSORS, AFFILIATES, PRODUCER ORGANIZATION AND PARTNERS HARMLESS FROM ANY CLAIM, LOSSES, DAMAGES, LIABILITIES INCLUDING LEGAL FEES AND EXPENSES.
12.6. Uploaded Content
THE SECURITY MEASURES USED TO PROTECT USER CONTENT USED BY GOCOOP HEREIN ARE USED IN CONJUNCTION WITH THE USER CONTENT “AS-IS” AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
13. Limitation of Liability and Damages
13.1. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL GOCOOP OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER CONTENT AND COMMERCIAL CONTENT) ON THE GOCOOP PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH GOCOOP, EVEN IF GOCOOP OR AN GOCOOP AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2. Limitation of Damages
IN NO EVENT WILL GOCOOP OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE GOCOOP PLATFORM OR YOUR INTERACTION WITH OTHER GOCOOP PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE GOCOOP PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR RUPEES ONE THOUSAND, WHICHEVER IS GREATER.
13.3. Reference Sites
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN GOCOOP AND RECEIVED THROUGH OR ADVERTISED ON THE GOCOOP PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
13.4. Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT GOCOOP HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GOCOOP, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GOCOOP. GOCOOP WOULD NOT BE ABLE TO PROVIDE THE GOCOOP PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
13.5. Limitations by Applicable Law
IF ANY PART OF THIS AGREEMENT IS DETERMINED TO BE INVALID OR UNENFORCEABLE PURSUANT TO APPLICABLE LAW INCLUDING, BUT NOT LIMITED TO, THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS SET FORTH ABOVE, THEN THE INVALID OR UNENFORCEABLE PROVISION WILL BE DEEMED SUPERSEDED BY A VALID, ENFORCEABLE PROVISION THAT MOST CLOSELY MATCHES THE INTENT OF THE ORIGINAL PROVISION AND THE REMAINDER OF THE AGREEMENT SHALL CONTINUE IN EFFECT. UNLESS OTHERWISE SPECIFIED HEREIN, THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE USER AND GOCOOP WITH RESPECT TO THE GOCOOP PLATFORM AND IT SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS, WHETHER ELECTRONIC, ORAL OR WRITTEN, BETWEEN THE USER AND GOCOOP WITH RESPECT TO THE GOCOOP PLATFORM.
14. COMMUNICATIONS SERVICES
The Services may contain e-mail services, SMS services, bulletin board services, Product and Service catalogs, Product and Service purchase functionality, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Services, you will not:
14.1. Use the Services in connection with surveys, contests, promotions, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
14.2. Upload, post, email, otherwise transmit, or post links to GoCoop Platform with respect to any raffle, contest or game requiring a fee by participants.
14.3. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
14.4. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
14.5. Upload, post, email, otherwise transmit, or post links that exploit the images of children or people under the age of 18; or that disclose personally identifying information belonging to children or people under the age of 18 or harm minors in any other way or make any sexual request on behalf of a minor or make any sexual request of a minor.
14.6. "Stalk" or otherwise harass another.
14.7. Use, download or otherwise copy, or make available (whether or not for a fee) to a person or entity: any directory of users of the Services or other user or usage information or any portion thereof;
14.8. Upload, download, use, or otherwise copy, or make available (whether or not for a fee) any file(s) that contain text, images, photographs, software or other material protected by trade secret, or any intellectual property laws, including, by way of example, and not as limitation, copyright or trademark or service mark or patent laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
14.9. Use any material or information which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
14.10. Modify, publish, transmit, settle, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit GoCoop Platform database other than for the limited purposes for which material is licensed for your use.
14.11. Use or exploit any part of the Site or any software deployed in connection with the Site as, or as the content of, a service offered or supplied to other persons or entities without the express written consent of GoCoop Platform. For example, you will not create a site or maintain a site that links to our Site for the purpose of using, indexing, reformatting, or searching and retrieving, material from our site for the benefit of users of your site, without our knowledge and express consent; we want those users to come directly to our site to obtain material as we have spent considerable time, effort, and financial resources to build and maintain the Site and to attract submissions of Code and Documents, and to attract a wide base of users.
14.12. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with GoCoop Platform's delivery and operations. Your access to GoCoop Platform is limited to your rights to use Services to which you are entitled to use, and only for the limited purposes of your licensed use of such Services.
14.13. Upload, post, email, otherwise transmit, or post links to, any content that facilitates hacking or that promotes any illegal activity, including instructions for illegal activity.
14.14. Upload files that contain viruses, worms, trojan horses, time bombs, trap doors, cancelbots, corrupted files, or any other similar software or programs or malicious code that may damage the operation of another's computer or property of another or are intended to interrupt, destroy or limit the functionality of GoCoop Platform.
14.15. Use automated means, including spiders, robots, crawlers, agents, or the like to download data from any database of GoCoop Platform, or from the Site itself (for example, site or page scraping is prohibited).
14.16. Exploit known or unknown weaknesses of the scripts or servers to disrupt or alter the Site's operation.
14.17. Advertise or offer to sell or buy any goods or services for any business purpose except those that are intended to be offered for sale on the GoCoop Platform and are compliant with the terms and conditions in set forth in Section 6.8 above and unless such Communications Service specifically allows such messages.
14.18. Download any file posted by another user of the Services that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
14.19. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
14.20. Restrict or inhibit any other user from using and enjoying the Services.
14.21. Violate any code of conduct or other guidelines which may be applicable for any particular Service.
14.22. Harvest or otherwise collect or store information about others, including e-mail addresses.
14.23. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
14.24. Violate any applicable laws or regulations.
14.25. Create a false identity for the purpose of misleading others.
14.26. Impersonate any person, including an employee, contractor, forum leader, guide or host of GoCoop Platform, or falsely state or otherwise misrepresent your affiliation with a person or entity.
14.27. Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through GoCoop Platform.
14.28. Create multiple accounts with the purpose of altering polls or affecting voting.
14.29. Upload, post, email, otherwise transmit, or post links to any material, or act in any manner, that is offensive to GoCoop Platform community or the spirit of these Terms of Service.
14.30. Breach any posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
14.31. Upload or otherwise make known your user and password for accessing the GoCoop Platform. Your user and password grants you the license to use the GoCoop Platform and is not transferable.
15. Copyrights and Trademark Notice
Any rights not expressly granted herein are reserved. Specific material may also be copyright of the respective authors/owners. By using any of the material on GoCoop, or accessing the Site, you understand that you have read and agreed to the above TOS. These Terms of Service will be strictly enforced.
GoCoop, GoCoop.com, GoCoop Network are trademarks of GoCoop Solutions and Services Private Limited.
GOCOOP RESERVES THE RIGHT TO DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU OR YOUR USE OF THE GOCOOP PLATFORM, INCLUDING ITS CONTENTS, WITHOUT YOUR PRIOR PERMISSION IF GOCOOP HAS A GOOD FAITH BELIEF THAT SUCH ACTION IS NECESSARY TO: (1) CONFORM TO LEGAL REQUIREMENTS OR COMPLY WITH LEGAL PROCESS; (2) PROTECT AND DEFEND THE RIGHTS OR PROPERTY OF GOCOOP OR ITS AFFILIATED COMPANIES; (3) ENFORCE THE TERMS OR USE; OR (4) ACT TO PROTECT THE INTERESTS OF ITS MEMBERS OR OTHERS. GOCOOP PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF GOCOOP' RIGHT TO COMPLY WITH GOVERNMENTAL, COURT AND LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE GOCOOP PLATFORM OR INFORMATION PROVIDED TO OR GATHERED BY GOCOOP WITH RESPECT TO SUCH USE.
Personal information can be disclosed when you use specific modules on GoCoop Platform meant for dissemination of personal information such as but not limiting to information related to Products and Services offered for sale, orders placed for purchasing the products and services and associated information including but not limited to payment information and order fulfillment details including but not limited to address of delivery, payment mode. If you wish to retain your privacy, do not maintain your information in these modules.
17. Covenants of Users
17.1: Producer organizations shall ensure that the best service standards in the industry are adopted and shall ensure delivery of all goods and services purchased for Purchasers in accordance with the highest standards. The Producer organization assures and guarantees to GoCoop and the Purchasers that all licenses and registrations required by the various local, state and central government agencies, laws, rules and regulations are in full force and effect to enable the Producer organization to carry on the business of sale of goods and services.
The Producer organization assures further and guarantees to GoCoop that the following products and services shall not be advertised, displayed or sold on the GoCoop Platform and / or any related transactions processed through the GoCoop Platform 1) Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services 2) Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne 3) Body parts which includes organs or other body parts 4) Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam) 5) Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free 6) Child pornography which includes pornographic materials involving minors 7) Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection 8) Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials 9) Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software 10) Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods 11) Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms 12) Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items 13) Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction 14) Gaming/gambling which includes lottery tickets, spora bets, memberships/ enrollment in online gambling sites, and related content 15) Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles 16) Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property 17) Illegal goods which includes materials. Products, or information promoting illegal goods or enabling illegal acts 18) Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes 19) Offensive goods which includes literature, products or other- materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred. 20) Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals 21) Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner 22) Pyrotechnic devices and hazardous materials which includes Fireworks and related goods; toxic, flammable, and radioactive materials and substances 23) Regulated goods which includes air bags; batteries containing mercury; Freon or- similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications 24) Securities which includes stocks, bonds, or related financial products 25) Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products 26) Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products 27) Weapons which includes firearms, ammunition. knives, brass knuckles, gun parts, and other armaments 28) Wholesale currency which includes discounted currencies or currency exchanges 29) l.ive animals 30) Multi level Marketing collection fees 31) Matrix sites or sites using a matrix scheme approach 32) Work-at-home information 33) Drop-shipped merchandise 34) Jewelry made from Ivory and 35) Any product or service which is not in compliance with the laws of Republic of India and the all applicable laws and regulations whether federal, state, local or international.
17.2: The Producer organization shall duly fulfill all Purchase Orders in accordance with the instructions of the Purchaser. The Producer organization will not acknowledge a Purchase Order as "Shipped/Order executed" or any status providing an impression of fulfillment of the Purchase Order until after the Goods has already been shipped or the services rendered or the order is completed / executed. Producer organization agrees to deliver all merchandise to Customers and render all services and/or complete/ execute all orders expeditiously and without delay or as per the terms of the Purchase Order.
17.3: The Producer organization shall prior to accepting any instructions from the Purchaser ensure that appropriate agreements have been executed with the Purchaser in accordance with the requirements of applicable law and regulations.
17.4: The Producer organization shall carry out all verifications regarding the Purchaser as may be required on an independent basis. The Producer organization is aware that GoCoop is not guaranteeing any transactions with the Purchasers in any manner whatsoever. The Producer organization assures that the Purchasers will place the orders themselves and agree not to place orders on behalf of other Purchasers.
17.5: The Purchaser shall carry out all verifications regarding the Producer organization and the goods and services offered for sale on the GoCoop Platform as may be required on an independent basis. The Purchaser is aware that GoCoop is not guaranteeing any transactions with the Producer organization in any manner whatsoever.
17.6: GoCoop shall not be a party to the Agreement between the Purchaser and the Producer organization in any manner whatsoever. All contracts are directly between the Producer organization and the Purchasers.
17.7: Notwithstanding the aforesaid, the Producer organization assures and guarantees to GoCoop the due performance of all Purchase Orders which have been placed by the Purchaser and accepted by the Producer organization. ln the event of any Purchaser complaining of any deficiency in Service including but not limited to the quality and quantity of the goods delivered, time and place of delivery, the Producer organization shall take such measures as may be required to rectify the same
17.8: GoCoop shall be entitled to prohibit the display of any material on the GoCoop Platform if the act or manner of such display is contrary to any applicable law, regulation, government policy, order or guideline including all applicable foreign laws and regulations or which is detrimental or harmful to the interest of GoCoop and/or Purchasers, in the sole and exclusive opinion of GoCoop.
17.9: GoCoop shall be entitled to publish notices, disclaimers and indemnities at the Sub Producer organization's Site in the manner and extent deemed necessary by GoCoop.
17.10: The Producer organization shall bear and be responsible for the payment of all relevant taxes (including any applicable withholding taxes) due upon the fulfillment of Purchase Orders placed on the GoCoop platform.
17.11: Producer organization shall not (whether online or otherwise)
a) describe himself/herself/itself as agent or representative of GoCoop or the GoCoop Platform.
b) make any representations to Purchasers or any third party or to give any warranties which may require GoCoop to undertake to or be liable for, whether directly or indirectly, any obligation and/or responsibility to Customer or any third party.
17.12: The Producer organization has the full right and/or authority to offer goods and services for sale on the GoCoop Platform and that it has and shall observe and comply with the applicable laws and regulations in each applicable jurisdiction including without limitation, all applicable licensing, securities, stamp duty, income-taxes and other taxes and other censorship regulations and laws whether in India or otherwise. The Producer organization shall provide GoCoop with such information and/or assistance as is required by GoCoop for the performance of the GoCoop Platform and/or any other obligations of GoCoop under this Agreement and the relevant local, state and central Government laws, rules and regulations.
17.13: The Producer organization shall not at any time require the Purchaser to provide the Producer organization with any details of the accounts held by them on the GoCoop Platform or any other confidential information including but not limited to their bank accounts, passwords, Credit and Debit card card numbers and PIN numbers.
17.14: The Producer organization shall not use the GoCoop Platform in any manner or in furtherance of any activity, which constitutes a violation of any law or regulation or which may cause GoCoop and GoCoop to be subject to investigation, prosecution or legal action. The Producer organization shall use the information regarding Purchasers and in general all Users including but not limited name, address, e-mail address, telephone numbers and other data conveyed to the Producer organization by the GoCoop Platform or GoCoop, only for the purpose of completing the transactions for which it was furnished and not to sell or otherwise furnish such information to others unless the Producer organization has an independent source of such information or obtains the express consent of such Purchaser or User.
17.15: The Producer organization shall inform GoCoop of its change of ownership or legal status or its cessation of business in writing 30 working days prior to its effective date.
17.16: The Producer organization understands and agrees to comply with all applicable standards, including the rules set GoCoop.
17.17: The Producer organization agrees and undertakes that on an ongoing basis the Producer organization will promptly provide GoCoop with all the updated information including current addresses of each of its offices and other relevant details for the GoCoop Directory.
17.18: The Producer organization acknowledges that GoCoop is the sole and exclusive owner of its Trade Marks and Copyrights and agrees that the Producer organization will not contest the ownership of the said Trade Marks and Copyrights for any reason whatsoever. The Producer organization agrees that GoCoop may at any time, immediately and without advance notice, prohibit the Producer organization from using any of the Marks for any reason.
GoCoop may provide You with notices, including those regarding changes to GoCoop’ terms and conditions, by email, regular mail, or postings on the GoCoop Platform. Notice will be deemed given twenty-four hours after email is sent, unless GoCoop is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the GoCoop Platform. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the GoCoop Platform is deemed given 30 days following the initial posting.
The failure of GoCoop to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by authorized GoCoop personnel.
18.3. Governing Law
THIS AGREEMENT IS GOVERNED BY THE LAWS OF REPUBLIC OF INDIA. YOU HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF COURTS IN BANGALORE, KARNATAKA, INDIA IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF THE GOCOOP PLATFORM. USE OF THE GOCOOP PLATFORM IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THIS PARAGRAPH.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
YOU AND GOCOOP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GOCOOP PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.