Terms & Condition

These Terms of Use of www.cogentarch.com (“Website”) are between the CogentArch Pvt Ltd (“CogentArch”) and its users.

Please read the Terms of Use and the Privacy Policy, available at (https://www.cogentarch/privacy-policy/) of the Website carefully before using this Website or availing any services through the Website.

Your use of the Website or the services provided by the Website shall signify your acceptance of the Terms of Use and your agreement to be legally bound by the same.

A. Eligibility Criteria:

The services offered on the Website are not available to all those individuals who are not qualified to enter into a contract as per the Indian Contract Act, 1872. By using the Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information, and any changes thereto by regular updates of any such information; (c) you affirm that you are over 18 years of age and are fully able and competent to enter into the terms and as set forth in these Terms of Use.

CogentArch reserves the right to grant or refuse usage of the services available on the Website. It can also terminate the usage by an existent user of the Website without assigning any reason.

CogentArch 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 qualification.

B. Use of the Website:

  • Subject to compliance with the Terms of Use, the Privacy Policy, and all other applicable terms and guidelines, CogentArch grants you a non-exclusive, limited privilege to access and use this Website and the services provided thereon.
  • You shall use the Website or such other services provided under the Website only in compliance with these Terms of Use and all applicable local, state, national, and international laws, rules and regulations.
  • No user shall be permitted to perform any of the following prohibited activities:
    • Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
    • Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
    • Interfering with any other person’s use or enjoyment of the Website;
    • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
    • Make available any content or material that you do not have a right to make available under any law or contractual or fiduciary relationship, unless you own or control the rights thereto or have received all necessary consents for such use of the content;
    • Use the Website’s domain name;
    • Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website;
    • Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Website/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other users without their consent;
    • Access or use the Website in any manner that could damage, disable, overburden or impair any of the Website’s servers or the networks connected to any of the servers on which the Website is hosted;
    • Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Website;
    • Disrupt or interfere with the security of, or otherwise cause harm to, the Website, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
    • Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Website, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, or any Content, to obtain or attempt to obtain any Content, documents or information through any means not specifically made available through the Website;
    • Use the Services for purposes that are not permitted by: (i) these Terms of Use; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or
    • Violate any of the terms specified under the Terms of Use for the use of the Website.

Any violation by you of the terms of this Clause shall be considered a breach of these Terms of Use, and CogentArch reserves the right to take appropriate legal action.

CogentArch reserves the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Website or the services as it deems fit at any time without notice. CogentArch makes no commitment, express or implied, to maintain or continue any aspect of the Website. You agree that CogentArch shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.

C. Indemnification:

You agree to defend, indemnify and hold harmless CogentArch, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; (iv) the committing of any of the prohibited activities as stated above under Section B or (v) any claim that your use of the Website caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use of the service.

D. Limitation of Liability:

In no event shall CogentArch, its officers, directors, employees, partners or agents be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not CogentArch has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out, of or in connection with, your use of, or access to, the Website or the services.

E. Governing Law and Jurisdiction:

The Website, the Terms of Use, all transactions entered into on or through the Website and the relationship between you and CogentArch shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

You agree that all claims, differences and disputes arising under or in connection with or pursuant to the Website, the Terms of Use, any transactions entered into on or through the Website or the relationship between you and CogentArch shall be subject to the exclusive jurisdiction of the competent Courts located in Bangalore and you hereby accede to and accept the jurisdiction of such Courts.

F. General Provisions:

Notice: All notices served by CogentArch shall be provided via email to your account or as a general notification on the Website. Any notice provided to CogentArch pursuant to the Terms of Use should be sent to connect@congentarch.com

Entire Agreement: The Terms of Use, along with the Privacy Policy, and any other guidelines made applicable by the Website from time to time, constitute the entire agreement between CogentArch and you with respect to your access to or use of the Website and the services thereof.

Relationship: You acknowledge that your participation in the service, does not make you an employee or agency or partnership or joint venture or franchise of CogentArch.

G. Feedback:

Any feedback you provide to this Website shall be deemed to be non-confidential. Website shall be free to use such information on an unrestricted basis.

H. Disclaimer:

The materials on this website and all other links and contents are provided “as is” without any express or implied warranty of any kind, including, without limitation, warranties of merchantability, non-infringement of intellectual property rights, or fitness for any particular purpose, all of which are hereby expressly disclaimed. In no event will CogentArch or any of its affiliates, vendors, contractors, agents, content providers, officers, directors, investors, employees or partners be liable for any damages whatsoever (including, without limitation, direct damages, incidental damages, consequential damages, special damages, or damages for loss of profits, business interruption, or loss of information) directly or indirectly caused by, arising out of or relating to, the use or inability to use this site, the materials or other links and content, even if CogentArch has been advised of the possibility of such damages.