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Circzles

Terms & Conditions

The circzles website available at: www.circzles.com  (“QWERTY Platform”) is brought to you, i.e., the user (“You”, “Your”, “Yours”) by QWERTY INK LLP (“LLP”, “Qwerty”, “our”, “us”), having its registered office at 906, Lodha Supremus, Tulsi Pipe Road, Parel-400013, Mumbai, MH, India. Your use of the Qwerty Platform shall enable you to register and view content provided over the Qwerty Platform (“Services”) and shall be subject to your compliance with these Terms of Use (“Terms”). 

These Terms refer to and include the User Privacy Policy available at: Privacy Policy and forms the entire agreement between us and you. Please ensure that you read these Terms carefully as they constitute a binding agreement between us and you. 

Accessing, browsing, ticking the checkbox, clicking on ‘I AGREE’ or using the Qwerty Platform in any manner indicates that you have accepted these Terms and also means that you have read, understood and agreed to be bound by these Terms. 

You understand and accept that we may, at our sole discretion, revise these Terms and our Services at any time which revision can be to the extent, but not limited to, us disabling or suspending any part of the Qwerty Platform without any prior notice, either written or oral. Your continued use of the Qwerty Platform following any revisions/modifications to these Terms shall constitute your continued acceptance of the revised/modified Terms and Services. For this reason, you are liable to frequently revisit and review these Terms to understand how they apply to your use of the Qwerty Platform.

If at any point in time, you do not agree with any part of these Terms, please stop using the Qwerty Platform immediately. 

  1. Who can use our Services? 

For accessing, browsing, or using the Qwerty Platform in any manner, you confirm that you are of legal age and competent to enter into a valid and binding contract as prescribed under law for using our Services. In the event that you are a minor then your use of the Services shall be deemed to be under the supervision of your parent/guardian who shall be bound to these Terms in the same manner as you would have been had you been of legal age and competent to enter into a valid and binding contract as prescribed under law. Further, if you are a minor, your use of the Services shall be assumed to be through the consent of your legal guardian or parent and that such use has been made available by your legal guardian or parent. 

You will not be eligible to use our Services if your account has been previously suspended or removed. If we discover that you are not eligible to use our Services, we will terminate your User Account immediately. You acknowledge that the LLP does not have the responsibility to ensure that you conform to the aforesaid eligibility criteria. It shall be your sole responsibility to ensure that you meet the required qualifications.

  1. How can you use our Services? 

In order to use the Services, you must create a password – protected user account on the Qwerty Platform (“User Account”) by providing us your: 

  1. Name; 

  2. Age;

  3. Photograph;

  4. Phone Number

  5. Country and City you are based out of;

  6. E-mail ID;

  7. Date of Birth;

  8. Preferred language of communication; and 

  9. Such other information as may be requested by us from time to time, including your phone number, which we may require to facilitate your payments via our integrated payment gateway provider. 

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You can choose to sign-up for our Services and create a User Account and further link the User Account with either your Instagram, Facebook, Gmail, or any other eligible social media account (“SNS Account”). In case you use an SNS Account, then we will have, subject to the terms of use and privacy policy of the SNS Account, the right to use your photograph and other publicly available details uploaded onto the SNS Account.

You must keep your User Account details up to date. You must also keep your password a secret. 

Once you have created your User Account, you will be able to buy products from the QWERTY Platform and earn Reward Points on your purchase on the Qwerty Platform 

Upon usage of the Qwerty Platform, you would be interacting with Qwerty’s products such as Puzzles, Coloring Book, and any other product that Qwerty sells(“Products”). You understand and recognize that the Products designed using Qwerty’s copyrights are the Intellectual Property Rights of the LLP and shouldn’t be copied. 

You will have only a limited license to view, read and peruse the Products for your personal, non-commercial usage only. The Course Content made available to you shall remain confidential and you shall not have the right to disclose such Course Content to any third parties without our prior written permission.

You understand that the Products and Services on the Qwerty Platform are made Ages 13 and above. The Products may have hazards for humans (such as choking hazard), which are also being displayed on the Product page. Any harms from inappropriate use of Products, against warnings and instructions of the LLP, shall be the liability of the User. If a User is below 13 years of age on the Qwerty Platform, please follow the instructions on Privacy Policy and we shall act promptly to correct the same. 

You can pay using any of the options provided on the Qwerty Platform including but not limited to Card Payment Facilities, Online Bank Transfers, PayPal and through Online Wallets. The payment gateway mechanisms are governed by the terms and conditions of the third party service providers (such as RazorPay etc.) and you agree to be bound by those terms. Valid Credit / Debit Cards/ Online Bank Transfers and other payments are processed through a payment gateway or an appropriate payment system infrastructure and the same shall also be governed by the terms agreed to between you and the respective issuing bank. We shall not be liable for any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction. Any free trials provided on the Platform, shall also be governed by these Terms.

You should also read our User Privacy Policy, available at: Privacy Policy to understand how we use the data we collect from you.  

  1. What can you do to raise grievances with us? 

We have appointed Elizabeth as our grievance officer. You can contact the officer by writing an email to [Help@cogzart.com], between [10am - 7pm] from Monday to Friday for all your concerns regarding the Services.

  1. What are your obligations to us? 

Since we provide our services for a broad community, it is important that everyone does their part. Your commitments to the LLP include:

  1. No impersonation or false information to be provided

You will not falsely represent yourself as another person or as a representative of another person to use our Services. 

  1. Platform not to be used for anything unlawful or illegal

You shall not use our Services or the Qwerty Platform to share or upload any prohibited content (“Prohibited Content”). Prohibited Content means and includes any content and/or comment which:

  1. may be obscene, pornographic, harmful for minors, discriminatory or seditious in nature;

 

  1. spreads hate speech or incites any form of violence or hatred against any person(s) or a community;

 

  1. infringes the copyright, patent, trademark, trade secret, right of publicity, or any other intellectual property or proprietary rights of a third party;

 

  1. violates the rights of other Users of the Services; 

 

  1. violates any applicable local, state, national or international law; or

 

  1. advocates or encourages any illegal activity

 

We reserve the right to remove any content we determine, in our sole discretion, to be Prohibited Content. We have developed a platform for people to come together; please do not share any content which is illegal or causes any harm to the well – being of members of the society or community.

 

  1. Content Rights and Liabilities

We own the Qwerty Platform. Nothing under these terms will transfer or grant any ownership rights in any content available on the Qwerty Platform, to you. However, you will continue to retain ownership rights in and be liable for all content uploaded to the Qwerty Platform by you. You shall not have the right to make any copies or derivative works of the Products or Services available on the Qwerty Platform. You shall not, whether directly or indirectly, attempt to or actually, decompile, reverse-engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license any of the Products or Services made available to you. 

By sharing/posting/uploading content using our Services, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy settings). You may delete your content and/or account at any point. However, your content may continue to appear on the Qwerty Platform if it has been shared with others. 

You remain solely responsible for the content you post on the Qwerty Platform. We do not endorse and are not responsible for any content posted on the Qwerty Platform. Further, we will not be liable for the consequences of any transactions made or entered into by you with other users of the Platform. You will always have ownership of the content you share and shall be fully responsible for the same. We will never claim that we have intellectual property rights over your content, but will have a free of cost, permanent license to use the content shared and posted by you on our Platform.

  1. You will not harm the Qwerty Platform 

You will not interfere with, use or attempt to use non-public areas of the Qwerty Platform, Qwerty Platform’s technical delivery system or Services. You will not introduce any trojans, viruses, bots or any other malicious software onto the Qwerty Platform, Qwerty Platform’s technical delivery system or Services. You will not scrape the Qwerty Platform for any user information or probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us. You will not, attempt to or actually, decompile, reverse-engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license any part of the Qwerty Platform or the Services.  If you are found to be tampering or attempting to tamper with our technological design and architecture we reserve the right to terminate your User Account without any intimation to you. 

We may further report such actions to the appropriate law enforcement authorities and initiate appropriate legal action against you.

  1. You will be required to indemnify us

You agree to indemnify, defend and hold harmless the LLP, its subsidiaries and affiliates, and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of:

  1. your use or attempted use of the Services in violation of these Terms; 

 

  1. your use or attempted use of any code, program, data, information or any other content provided through the Services in a manner inconsistent with these Terms;

 

  1. information posted or otherwise made available by you on or through the Qwerty Platform or the Services, including without limitation to any claim of infringement of intellectual property or other proprietary rights; or

 

  1. your use or attempted use of the Qwerty Platform or the Services resulting in violation of any law or rights of any third party.

 

  1. What is our liability regarding the Services and any content viewed by you? 

We are an intermediary under the Information Technology Act, 2000 and the Information Technology Act (Intermediary Guidelines) Rules, 2011. Our role is limited to providing a platform to display the Course Content to you and other users. We do not control what people do or say and are not responsible for their (or your) actions (whether online or offline). We are not responsible for services and features offered by other parties, even if you access them through our Services. Our responsibility for anything that happens on the Qwerty Platform is strictly governed by the laws of the Republic of India and is limited to that extent. You agree that we will not be responsible for any loss of profits, revenues, information, or data and consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or User Account.

Under no circumstances shall we be liable to you or any third party with respect to any subject matter of these Terms under any: 

  1. contract, negligence, strict liability;

  2. any indirect, incidental, or consequential damages;

  3. lost profits, loss or inaccuracy of data or documents; or

  4. cost of procurement of substitute goods, services or technology

The LLP’s total cumulative liability arising out of or related to these Terms will not exceed the greater of Twenty US Dollars (20USD) and the existence of multiple claims shall not expand or increase the said limitation. 

  1. What is our liability regarding third party links?  

The Qwerty Platform may contain links to pages or to third-party websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. We do not have any control over the content of these Linked Sites. You acknowledge and agree that 

  1. we have no responsibility for the accuracy or availability of information provided by Linked Sites; and

 

  1. we neither control nor endorse the Linked Sites or the content, products, advertising, or other materials thereon. 

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You alone shall be responsible for any liability arising out of the use of these Linked Sites and are advised to read the terms of use and privacy policy of the Linked Sites before using them.

  1. Termination of Services and Rights

This agreement is effective until terminated by us or you. We reserve the right, at any time, to

  1. discontinue or modify any aspect of the Qwerty Platform and/or Services; and 

  2. terminate this agreement and your use of the Qwerty Platform or Services with or without cause. 

Upon termination of the agreement, you shall be liable to destroy and remove all Content stored by you in any format and medium during your use or attempted use of the Qwerty Platform or the Services. 

 

  1. How will disputes be resolved? 

These Terms shall be governed in all respects by the laws of India and any and all disputes arising out of these Terms, including your usage of the Qwerty Platform, or any matter incidental hereto shall be first attempted to be resolved mutually and amicably through mediation. In the event that we fail to resolve the dispute within 30 (thirty) days from initiation of the mediation, then the matter shall be referred to and submitted before the competent courts of New Delhi, India. The Parties irrevocably submit to the sole and exclusive jurisdiction of the courts of New Delhi.

  1. Communications from us

We, i.e., the LLP shall have the right to send you notifications via emails and popups, including promotional materials, information about upcoming courses, notifications about any Products or Services you have signed up for, requests for feedback, any other information we deem to be of interest to you or crucial for safeguarding your interest. 

 

  1. Disclaimer 

You acknowledge and agree that our Services may not be available at all times, and that certain usage limits may apply. You also understand that we, at our sole discretion, may limit, suspend, or terminate your use of any of the Services. You also understand that we may modify or discontinue any or all of the Services at our sole discretion. We do not warrant that our Services will remain compatible with any devices, operating systems or software, and you acknowledge that you may need to update your devices from time to time to keep using the Services. 

The Services are provided on an ‘as available’ basis and we expressly disclaim all guarantees, warranties, merchantability, accuracy, and the continued availability of our services, and their fitness for a particular purpose. We also expressly disclaim that the Services will meet your expectations and requirements. If any law requires us to remedy warranties, then such warranties may be claimed only on our sole discretion. We also have the right to deny such claims. We disclaim the liability for any user or third party content shared on the Qwerty Platform.

  1. Miscellaneous 

  1. Force majeure: We shall not be held responsible for losses or damages incurred through a force majeure event which may include without limitation, an earthquake, pandemic, epidemic, flood, storm, power outages, wildfires, wars, and other calamities. This may also extend to failure or the interruption of Services or a delay in the Services due to widespread internet attacks, illegal activities by bad actors or third parties and closure of Services due to civil unrest, strikes, unforeseen emergencies, security breaches, and cyber-attacks.

  2. Assignment: We may assign our rights and obligations under these Terms to a related party or our affiliates without notice. You shall not have the right to assign your rights under these Terms to any third party.

  3. Severability: If any portion of these Terms are held to be void or unenforceable, then such portion of these Terms shall be deemed severed without affecting the legality of the remainder of the Terms. 

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