Terms of service

The CogZart website available at https://shop.cogzart.com/ (“QWERTY Platform”) is brought to you, 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, Maharashtra, India.

Your use of the QWERTY Platform enables you to register and view content provided through the platform (“Services”) and is subject to your compliance with these Terms of Use (“Terms”).

These Terms refer to and include our Privacy Policy available at:
https://shop.cogzart.com/policies/privacy-policy 

Together, these Terms and the Privacy Policy form the agreement between you and us. Please read these Terms carefully, as they constitute a binding agreement.

Accessing, browsing, ticking a checkbox, clicking “I AGREE”, or otherwise using the QWERTY Platform indicates that you have read, understood, and agreed to be bound by these Terms.

We may, at our sole discretion, revise these Terms or our Services at any time, including suspending or disabling any part of the QWERTY Platform without prior written or oral notice. Your continued use of the Platform after any revision constitutes acceptance of the revised Terms and Services.

If you do not agree with any part of these Terms, please stop using the QWERTY Platform immediately.

1. Who Can Use Our Services?

To access, browse, or use the QWERTY Platform, you confirm that you are of legal age and competent to enter into a valid and binding contract as prescribed under applicable law.

If you are a minor, your use of the Services will be deemed to be under the supervision and consent of your parent or legal guardian, who shall be bound by these Terms in the same manner.

You will not be eligible to use our Services if your account has previously been suspended or removed.

If we discover that you are not eligible to use our Services, we may terminate your User Account immediately. It is your responsibility to ensure that you meet the required eligibility criteria.

2. How Can You Use Our Services?

To use the Services, you may be required to create a password-protected user account on the QWERTY Platform (“User Account”).

You may be asked to provide information including:

  • Name
  • Age
  • Photograph
  • Phone number
  • Country and city
  • Email ID
  • Date of birth
  • Preferred language of communication
  • Other information that may be required from time to time, including information necessary to facilitate payments through our integrated payment gateway

You may also choose to create or link your User Account with Instagram, Facebook, Gmail, or another eligible social media account (“SNS Account”).

If you use an SNS Account, we may, subject to the applicable terms of use and privacy policy of that SNS Account, use your photograph and other publicly available information associated with it.

You are responsible for keeping your User Account information up to date and for keeping your password confidential.

Once your User Account has been created, you may be able to purchase products from the QWERTY Platform and earn Reward Points on eligible purchases.

Products and Intellectual Property

While using the QWERTY Platform, you may interact with Qwerty products such as puzzles, colouring books, and other products sold by Qwerty (“Products”).

Products and designs protected by Qwerty’s copyrights and other intellectual property rights remain the intellectual property of the LLP and must not be copied.

You are granted only a limited right to view, read, and use the Products and related content for your personal and non-commercial purposes.

You must not disclose confidential content made available through the Services to third parties without our prior permission.

Age and Product Safety

The Products and Services on the QWERTY Platform are intended for ages 13 and above.

Certain Products may present hazards, including choking hazards. Relevant warnings and instructions may be displayed on the applicable Product page.

Any harm resulting from inappropriate use of Products contrary to the warnings or instructions provided by the LLP shall be the responsibility of the User.

If a User is below 13 years of age, please refer to our Privacy Policy:
https://shop.cogzart.com/policies/privacy-policy 

Payments

You may make payments using the payment options made available on the QWERTY Platform, including but not limited to:

  • Card payment facilities
  • Online bank transfers
  • PayPal
  • Online wallets

Payment gateway services are provided by third-party service providers and are subject to their applicable terms and conditions.

Valid credit/debit cards, online bank transfers, and other payments may be processed through payment gateways or other payment system infrastructure.

We shall not be liable for unauthorised use, fraud, payment refunds, lost amounts, or other issues arising from transactions processed through third-party payment systems.

Any free trials made available on the Platform shall also be governed by these Terms.

Please also read our Privacy Policy to understand how we use the data we collect from you.

3. How Can You Raise Grievances With Us?

We have appointed Elizabeth as our Grievance Officer.

For concerns relating to the Services, you may contact the Grievance Officer by emailing:

help@cogzart.com

Support hours: Monday to Friday, 10:00 AM to 7:00 PM.

4. What Are Your Obligations to Us?

Since we provide our Services to a broad community, every User is expected to use the Platform responsibly.

No Impersonation or False Information

You must not falsely represent yourself as another person or as a representative of another person while using our Services.

Do Not Use the Platform for Unlawful or Illegal Activities

You must not use the Services or the QWERTY Platform to share or upload prohibited content (“Prohibited Content”).

Prohibited Content includes content or comments that:

  1. May be obscene, pornographic, harmful to minors, discriminatory, or seditious in nature.
  2. Spread hate speech or incite violence or hatred against any person or community.
  3. Infringe copyrights, patents, trademarks, trade secrets, rights of publicity, or other intellectual property or proprietary rights of third parties.
  4. Violate the rights of other Users.
  5. Violate any applicable local, state, national, or international law.
  6. Advocate or encourage illegal activity.

We reserve the right to remove any content that we determine, at our sole discretion, to be Prohibited Content.

Content Rights and Liabilities

We own the QWERTY Platform.

Nothing in these Terms transfers or grants ownership rights in content available on the QWERTY Platform to you.

You will continue to own and remain responsible for content that you upload to the QWERTY Platform.

You must not directly or indirectly attempt to:

  • Copy or create derivative works from Products or Services
  • Decompile or reverse-engineer the Platform
  • Modify, copy, distribute, transmit, display, perform, reproduce, publish, or license Products or Services made available to you

By sharing, posting, or uploading content through our Services, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide licence to host, use, distribute, run, copy, publicly perform or display, translate, and create derivative works from your content, consistent with your privacy settings.

You may delete your content or account, although content that has already been shared with others may continue to appear on the Platform.

You remain solely responsible for the content you post.

Do Not Harm the QWERTY Platform

You must not:

  • Interfere with or attempt to access non-public areas of the Platform
  • Introduce viruses, trojans, bots, or malicious software
  • Scrape the Platform for User information
  • Probe, scan, or test security systems or authentication measures
  • Attempt to decompile, reverse-engineer, modify, reproduce, distribute, or tamper with the Platform or Services

If you are found to be tampering or attempting to tamper with our technological systems, we may terminate your User Account without prior notice.

We may also report such actions to appropriate law enforcement authorities and initiate legal action.

Indemnification

You agree to indemnify, defend, and hold harmless the LLP, its subsidiaries, affiliates, officers, directors, agents, employees, and assignees from claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, arising from:

  1. Your use or attempted use of the Services in violation of these Terms.
  2. Your use or attempted use of code, programs, data, information, or other content made available through the Services in a manner inconsistent with these Terms.
  3. Information posted or otherwise made available by you through the QWERTY Platform or Services, including claims relating to intellectual property infringement.
  4. Your use or attempted use of the Platform or Services resulting in the violation of applicable law or the rights of a third party.

5. What Is Our Liability Regarding the Services and Content?

We are an intermediary under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines) Rules, 2011.

Our role is limited to providing the Platform through which content and Services may be made available.

We do not control what Users do or say and are not responsible for their actions, whether online or offline.

We are also not responsible for services or features offered by third parties, even where those services are accessed through our Platform.

To the extent permitted by applicable law, we shall not be responsible for loss of profits, revenue, information, data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising from or relating to these Terms.

Under no circumstances shall we be liable for:

  1. Contract, negligence, or strict liability claims.
  2. Indirect, incidental, or consequential damages.
  3. Lost profits or loss/inaccuracy of data or documents.
  4. Costs associated with procuring substitute goods, services, or technology.

The LLP’s total cumulative liability arising from or relating to these Terms shall not exceed the greater of Twenty US Dollars (USD 20), and the existence of multiple claims shall not increase this limitation.

6. What Is Our Liability Regarding Third-Party Links?

The QWERTY Platform may contain links to third-party websites (“Linked Sites”).

We do not control the content, products, services, advertisements, or other materials available on Linked Sites.

You acknowledge that:

  1. We are not responsible for the accuracy or availability of information provided by Linked Sites.
  2. We neither control nor endorse Linked Sites or their content, products, advertising, or other materials.

You are responsible for liabilities arising from your use of Linked Sites and are advised to review their terms of use and privacy policies before using them.

7. Termination of Services and Rights

These Terms remain effective until terminated by either you or us.

We reserve the right at any time to:

  1. Discontinue or modify any aspect of the QWERTY Platform or Services.
  2. Terminate this agreement and your use of the Platform or Services, with or without cause.

Upon termination, you may be required to destroy and remove content stored by you in any format or medium during your use of the QWERTY Platform or Services.

8. How Will Disputes Be Resolved?

These Terms shall be governed by the laws of India.

Any dispute arising from these Terms, your use of the QWERTY Platform, or matters incidental to them shall first be attempted to be resolved mutually and amicably through mediation.

If the dispute cannot be resolved within 30 days from initiation of mediation, the matter shall be referred to the competent courts of New Delhi, India.

The parties submit to the sole and exclusive jurisdiction of the courts of New Delhi.

9. Communications From Us

The LLP may send you notifications through email and pop-ups, including:

  • Promotional materials
  • Information about upcoming courses
  • Notifications regarding Products or Services you have signed up for
  • Requests for feedback
  • Other information we consider relevant or important for safeguarding your interests

10. Disclaimer

You acknowledge that our Services may not be available at all times and that usage limitations may apply.

At our sole discretion, we may limit, suspend, modify, discontinue, or terminate access to any or all Services.

We do not warrant that the Services will remain compatible with all devices, operating systems, or software. You may be required to update your devices or software from time to time.

The Services are provided on an “as available” basis.

We expressly disclaim guarantees or warranties regarding merchantability, accuracy, continued availability, fitness for a particular purpose, or whether the Services will meet your expectations or requirements.

Where applicable law requires warranties to be remedied, such claims shall be handled in accordance with applicable legal requirements and these Terms.

We also disclaim liability for User or third-party content shared through the QWERTY Platform.

11. Miscellaneous

Force Majeure

We shall not be held responsible for losses or damages arising from force majeure events, including but not limited to:

  • Earthquakes
  • Pandemics or epidemics
  • Floods or storms
  • Power outages
  • Wildfires
  • Wars
  • Civil unrest
  • Strikes
  • Widespread internet attacks
  • Cyber-attacks
  • Security breaches
  • Illegal activities by third parties
  • Other unforeseen emergencies or calamities

Assignment

We may assign our rights and obligations under these Terms to a related party or affiliate without notice.

You may not assign your rights under these Terms to a third party.

Severability

If any provision of these Terms is held to be void or unenforceable, that provision shall be treated as severed without affecting the legality or enforceability of the remaining Terms.