Terms and Conditions (“Terms”)
Last updated: April, 2017
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the cocotu.com website operated by Cocotu.com (“us”, “we”, or “our”).
Your access to and use of the website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the website. We may change our terms and conditions at any time without any notifications. All changes are effective once posted in our website.
By accessing or using the website you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access this website.
Purchases
If you wish to purchase any product or service made available through the website you must be at least 18 years of age. When you register for an account, you represent that (1) you meet such age requirement, (2) all of the information you provide is accurate, current and complete, (3) you will be solely responsible for all transactions that take place using your account, and (4) you will be solely responsible for maintaining the secrecy and security of your account and password. You may be asked to supply certain information relevant to your purchase including, without limitation, your name, address, shipping address, username, etc. We reserve the right to deny access to our website, service and also we may terminate your account or cancel any orders in our solely discretion, without limitation, if we believe your conduct is not appropriate or it violates applicable laws and/or its harmful to cocotu.com interests.
Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email. We do not store credit card information.
Subscriptions
Some parts of the website may be billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring cycle. We reserve the right to deny subscriptions to our website, service and also we may terminate your account or cancel your subscription in our solely discretion and without limitation, if we believe your conduct is not appropriate or it violates applicable laws and/or its harmful to cocotu.com interests.
Content
Our website allows you to post, link, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). All content including logos, images, products and service names, designs that appear on our website are trademarks of their respective owners. Our website’s logo and all images are property of cocotu.com, you must not use these without our written permission.
Use license
Permission is granted to temporarily download one copy of the materials (information or software) on Cocotu.com’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials;
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software contained on Cocotu.com’s web site;
- Remove any copyright or other proprietary notations from the materials; or
- Transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Cocotu.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Reviews, comments, emails, and other content
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Cocotu.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Cocotu.com and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Cocotu.com and its associates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Cocotu.com or its associates for all claims resulting from content you supply. Cocotu.com has the right but not the obligation to monitor and edit or remove any activity or content. Cocotu.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Links to other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Cocotu.com.
Cocotu.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Cocotu.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Links to this Website
You may link to this website without abusing our reputation or take advantage of it. You must not link to our website indicating that you are part or represent Cocotu.com in any way. You must obtain written permission to do so first.
Indemnification
You agree to indemnify, defend and hold harmless Cocotu.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Risk of loss
All items purchased from Cocotu.com are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Governing law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New York, NY, United States.
Disclaimer of warranty and limitation of liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You must implement your desired anti-virus or security policies to avoid any malware, virus or destructive that may be transmitted from the internet. Cocotu.com will not be liable for any destructive code downloaded from the internet or our website.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
In no case shall Cocotu.com our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation computer viruses, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using this website, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website or any content (or product) posted, transmitted, or otherwise made available via the website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Electronic communications
When you visit Cocotu.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically regarding new products arrivals and/or informational newsletters about our products. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the website or on any related website, should be taken to indicate that all information in the website or on any related website has been modified or updated.
Contact us
If you have any questions about these Terms, please contact us at hello@cocotu.com or 347.850.7576.