Cosmic Information and Technology Limited (hereinafter called “Cosmic”) has produced a device called “TapHere”. “TapHere” is a platform which will enable content access as well as capture and publish various data points for analysis. Cosmic intends to enable access to TapHere platform through various modes viz tap on a poster, tap on a sticker, tap on a card, tap on a wearable strap, or simply click the link received on SMS/WhatsApp etc. Hence some touch points for enablement could be physical asset like Wristband, poster, card and sticker etc. all of which will be governed by a broad term of use and privacy policy. To use the product, the end user is required to Tap on the strap center with NFC supported mobile (or scan the given QR code) and is then re-directed to defined landing page on the mobile. The landing page will display various content tiles/menus, some or all, which will be permitted to be edited with his/her generated content, based on initial permissions (including need for login or activation) . As part of the usage access, the end user will be made to check a box agreeing to the defined Terms of Use as well as Privacy Policy.
Comic’s Terms of Sale and Returns and Warranty Policy apply to purchases of physical goods TapHere. The Terms of Sale are incorporated into and made a part of these Terms. All orders placed are subject to acceptance of these terms. Cosmic may accept, decline, or place limits on your order for any reason.
If you submit comments, idea, or feedback to Cosmic, you agree that Cosmic can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. Cosmic does not waive any rights to use similar or related ideas or feedback previously known to it, developed by TapHere, or obtained from sources other than you.
Additional terms and conditions may apply to surveys, contents, giveaways, and other promotions sponsored by TapHere or its partners. It is your responsibility to carefully review those terms and conditions.
As part of your use of the TapHere Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the TapHere Service by using your account settings. Cosmic may need to provide you with certain administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that Cosmic sends to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
The TapHere Service may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (collectively “Third-Party Services”) that are not under TapHere’s control. This may include the opportunity for you to link your TapHere account, with Third-Party Services. Cosmic provides these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the TapHere Service, such as third party applications accessed on TapHere devices, are not part of the TapHere Service and are not controlled by TapHere, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the TapHere Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.
TapHere may change or discontinue, temporarily or permanently, any feature, component, or content of the TapHere Service at any time without notice. TapHere is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the TapHere Service. Cosmic reserves the right to be automatically downloaded and installed by TapHere products without prior notice to you.
Cosmic reserves the right to suspend or deactivate your account or your access to certain aspects or all of the TapHere Service, or to terminate these Terms, at our sole discretion,
at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, Cosmic may delete or remove your Content and other information related to your accoubt. You may close your account at any time by contacting Customer Support.
THE TAPHERE SERVICE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE TAPHERE SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Cosmic makes no warranty that the TapHere Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Cosmic makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the TapHere Service or any TapHere Content.
You will indemnify and hold harmless TapHere or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the TapHere Service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
NEITHER COSMIC, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE TAPHERE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE TAPHERE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FITBIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL TAPHERE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE TAPHERE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO TAPHERE FOR USE OF THE TAPHERE SERVICE OR ONE HUNDRED RUPEES (RS.100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TAPHERE, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TAPHERE AND YOU.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between you and Cosmic arising out of or relating to these Terms of Service, the TapHere Service, or any other TapHere products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the provisions of Arbitration and Conciliation Act, 1996. The Arbitration shall be carried out by a single judge to be appointed by Cosmic.
No Class Actions: You may only resolve Disputes with Cosmic on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Cosmic agree that any judicial proceeding (other than small claims actions) will be brought in the judicial courts of Ahmedabad.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the TapHere Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Cosmic and you regarding the TapHere Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Cosmic and you regarding the TapHere Service.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the TapHere Service. When you use the TapHere Service after a modification becomes effective, you are telling us that you accept the modified Terms. You can review previous versions of these Terms in our archive.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Any notices or other communications provided by Cosmic under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the Cosmic Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Cosmic’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Cosmic. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
You may contact us at buddy@cosmicinfotech.com or at our mailing address below.
Your use of TapHere requires you to provide information to Cosmic including information about your card. All information collected by TapHere as part of TapHere is subject to the TapHere Privacy Policy. Using TapHere will require you to have used the TapHere mobile app to set a PIN code for use on your Supported Device. While Cosmic implements measures to help protect your information, you are solely responsible for maintaining the secrecy of your PIN Code and for maintaining possession of your Supported Device and mobile device. If you lose your Supported Device, you can support TapHere through the TapHere mobile app or disable TapHere through the Device or in the TapHere mobile app, and through an industry standard tokenization platform your Card information is never revealed or shared with merchants or TapHere when completing a transaction.
Cosmic Information & Technology Limited, Ahmedabad, Gujarat – INDIA – 380006.
MRP: Rs. 1499 (Inclusive of all taxes)
