Terms and condition
These Terms and Conditions (hereinafter also referred to as ‘Terms and Conditions’, ‘the T&C’ or ‘T&C’) are applicable for: (a) transactions through the Website - https://cosanhome.com/ (hereinafter referred to as “Website” or “the Website”) and/or its internal links and services accessible through the Website from any device and any operating system or platform, (b) any Use as specified in the definitions below, and/or (c) utilisation of any Cosan Services. The Website is developed and maintained by Sidhi Dhall, a company incorporated in India with company number 00129 (hereinafter referred to as “Us” or “We” or “Company” or “Our(s)” or “Ourselves”), which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and permitted assigns.
IMPORTANT NOTICE: THESE TERMS AND CONDITIONS ARE SUBJECT TO A BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN CLAUSE 27. PLEASE REVIEW THE AGREEMENT IN DETAIL AND CONSULT A LEGAL PROFESSIONAL (IF REQUIRED) BEFORE PROVIDING YOUR CONSENT TO THESE TERMS AND CONDITIONS.
All external links which might be accessible from the Website may or will have their own terms and conditions, usage and privacy policies and We and Our Affiliates and Partners do not control them and bear no responsibility for any consequence arising from their usage. Any Trademarks or Registered Trademarks used in this document belong to the respective owners and no claims are made over the same.
Unless mentioned otherwise, the following terms will have the meaning ascribed to them below:
Affiliate(s) and Partner(s), means any Company or Person or Organisation who is related to Us as a business partner/ agent/ contractor/ employee/ distributor/ supplier/ service provider and assists Us in any manner in providing the services through the Website. Affiliates and Partners are related to Us only till the extent of their duties performed under their contract with Us.
Cosan Account means the account opened by the Client on the Website for accessing the Website and/or its internal links and/or any of the Cosan Services.
Cosan Services refer to (a) VA Realtor Services, (b) VA Appraiser Services, (c) VA Mortgage Lending Services, (d) Cosan Contractor Services, (e) any other services provided by the Company and stated on the Website as accessible to Clients, considered together or any of them individually as required.
Cosan Service Providers refer to any of the service providers which are in a contract with the Company to provide Cosan Services to the Clients. The Cosan Service Providers are independent contractors.
EEM means Energy Efficiency Mortgages.
EEU means Energy Efficiency Upgrades.
Extreme Disruption Event: An “Extreme Disruption Event” means any of the following events as determined by the Company in its sole discretion:
- A regulatory restriction imposed by any regulator or government authority on the Company or on Clients
- A sudden change in laws or regulation in any country which affects functioning of the Cosan Services
- Transmission of false information or values on any of the Cosan Services
- Any action based on false information in media or any of the Cosan Services
- Any major natural or man made disaster which affects the Cosan Services
- Any cyberattack or network failure which affects any of the Cosan Services
- Any other serious incident which affects the Cosan Services and is determined to be determined as an Extreme Disruption Event by the Company.
Use(s) means any manner of use of the Cosan Services by the Client including but not limited to (a) browsing of the Website and submission of information or communication with the Company through the Website; (b) communicating with any of the Cosan Service Providers (c) receiving any service from the Company or the Cosan Service Providers.
Client(s) means any person or persons who Use any or all of the Cosan Services in any manner. Also referred to as ‘You’ or ‘Your’ or ‘his’ or ‘her’ or ‘they’ when the context requires.
VA means Veteran’s Administration
Other terms may be defined or designated within the document when the context requires by placing them within parentheses ‘( )’ immediately after the meaning of the term.
- This T&C will be binding on all Clients of Cosan Services and also for all persons who Use the Website.
- Cosan Service Providers are not employees of the Company and will act as independent contractors and the Clients will have to enter into separate agreements with them. They are not controlled by the Company in any manner and Clients who choose to deal with them are dealing with them at their own risk. The Company does not endorse, recommend or guarantee their suitability or quality of service and cannot provide any assurance whether direct or indirect about their quality or suitability. The Company is in not liable for any deficiency in service or any act or omissions by the Cosan Service Provider and the Client will have to deal with any such complaints directly with the Cosan Service Provider.
- This T&C should be read and understood by the Client as they are binding on him and are non-negotiable to the maximum extent permissible under law. The Client may contact a qualified attorney to understand the document on his own account if he deems fit.
- A few of the Cosan Services may be provided directly by the Company or the Company may be involved in assisting the Client to access the Services. The Client may seek information from the Company as to which Cosan Services are directly available from the Company. In most cases the direct service provided by the Company is limited to providing non-binding and basic information on the benefit of EEU for a particular property.
- Any information provided by the Company or its employees regarding the possibility for EEU of a property is not meant to be a binding guidance and may not be suitable for every Client. The Client has to make his own determination if he wishes to act on the information provided by the Company or its employees.
- While the Company tries to be accurate and up to date regarding the information that it provides to its Client, the information may not be completely correct and suitable for the Client. The Client should undertake his own due diligence and cannot hold the Company responsible for any decisions taken on the basis of the information.
- Energy audits on a particular property are not conducted by the Company directly and the Company does not accept any responsibility for the correctness of the information in the energy audit. The Client has the sole responsibility to ensure that it verifies the correctness and usefulness of any data received through an energy audit or a similar report.
- While the Company provides information about the fitments and products which may be used for an EEU, the recommendation is based on the information provided by dealers and manufacturers. As such the Company cannot guarantee the accuracy of the information or the suitability/ quality of the product and the Client has to verify the suitability of the product for his specific use himself on his own account.
- The information provided by the Cosan Service Providers is not verified by the Company and the Client should undertake their own due diligence before following them. Such information is not meant to be a binding guidance and may not be suitable for every Client. The Client has to make his own determination if he wishes to act on the information provided by the Cosan Service Providers.
- The Company cannot recommend any particular Cosan Service Provider to the Client. The Client should decide on the most suitable service provider at his sole discretion.
- The Company does not deal with approval or disbursal of any loans and does not provide any advice on mortgages and does not market or endorse any mortgage or loan providers. It is not a financial or legal advisor, mortgage broker, lender or seller of any such products.
- The Company may assist the Client in making applications to Cosan Service Providers but cannot guarantee the speed of paperwork with the authorities and also about the possibility of approval of a mortgage application or the acceptance of a project by a Cosan Service Provider.
- The Company can only provide a non-binding opinion without any liability that the client may be eligible for an EEM but final decision of whether to obtain the EEM is solely made by the Client independently and the Company bears no responsibility for any liabilities, direct or indirect arising from such a decision.
- The Company does not purport to be a mortgage provider, financial advisor, appraiser, realtor or contractor and the Client should contact qualified professionals for any specific guidance or assistance that it may require.
- The Company reserves the right to deny service or restrict the type of services provided to any person without assigning any reason thereof.
- Clients who attempt to Use or Use any of the Cosan Services or the Website declare that they are over the age of 18 (eighteen) years or the age of majority which enables them to provide valid consent as per the laws applicable to them, whichever is higher.
- Continued Use of any of the Cosan Services signifies consent with the T&C in its entirety. If any Client disagrees with any of the provisions of the T&C, he should immediately terminate Use of all Cosan Services.
- Clients may provide consent for opening a Cosan Account or use of Cosan Services through any method including by signing a document, or by checking on a box provided on an webpage and clicking submit, or by clicking on any required buttons, or through transmission of an email or by use of any other authentication options provided by the Website or through any other mode that is required under law. By consenting through any of the above methods, the Client agrees to be bound by the T&C and acknowledge receiving a copy and an option to consult an attorney as required.
- Clients may be required to provide information and documents verifying their identity and other personal information to Use the Cosan Services or to create a Cosan Account.
- Personal Client Information or any documentation collected from any Client under Clause 19 above may be shared by Us with any appropriate agencies or parties for verification or as required for identity, anti-money laundering or any other form of checks.
- We are obliged to share any documentation or personal information collected under Clause 19 on request or orders from any competent Judicial or Administrative authorities empowered to seek such data.
- We and Our Affiliates and Partners have exclusive rights including but not limited to intellectual property rights, ownership and moral rights over the Website and all intellectual property whether registered and unregistered related to us. The Website and our documentation may contain protected intellectual property which belongs to Us and/or Our Affiliates and Partners and Clients have no claim to the same.
- The Website and our Affiliates and Partners may use licensed protected intellectual property which belongs to a third party and is being used by Us and/or Our Affiliates and Partners under a license or similar permission and Clients have no claim to the same.
- The Company and its Affiliates and Partners including but not limited to its Affiliates and Partners reserve the rights to commence legal proceedings against any party across the world when it determines that there may be a possibility for losses or damages arising from misuse of its intellectual property (registered or unregistered) or there is a possibility of loss of its trade secrets or business information.
- The Company, Cosan Service Providers and its Affiliates and Partners reserve the right to commence actions in any courts or judicial forums across the world for any violations of the T&C
- All transactions and contracts which may be conducted on the Website, Use of the Cosan Services and the Terms and Conditions themselves will be governed by the laws of Delaware, USA only.
- Agreement to Arbitrate
- This Clause 27(a) is referred to in these Terms as the "Arbitration Agreement". Unless you opt-out in accordance with the opt-out procedures set forth in Clause 27(k) below, you agree that all claims relating to or arising out of these Terms or the breach thereof, whether sounding in contract, tort, or otherwise that have arisen or may arise between you and the Company or an Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
- Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE COMPANY EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AGAINST THE COMPANY AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER COMPANY USERS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- Pre-Arbitration Dispute Resolution
The Company is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via email at firstname.lastname@example.org or at 833.600.8887
- Arbitration Procedures
If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of JAMS that are in effect at the time the arbitration is initiated (collectively referred to as the "JAMS Rules"), as modified by this Arbitration Agreement, and excluding the JAMS Class Action Procedures. For information on JAMS, please visit its website, https://www.jamsadr.com/.
Information about JAMS's Rules and fees for consumer disputes can be found at the JAMS consumer arbitration page,
https://www.jamsadr.com/rules-comprehensive-arbitration/. If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Clause 49. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- To commence an arbitration against the Company, you must write a demand for arbitration that includes a description of the dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at https://www.jamsadr.com/. You should send three copies of the Demand, plus the appropriate filing fee, to JAMS at 500 North State College Blvd., Suite 600, Orange, CA 92868, and send one copy to the Company at 14512 N. Nebraska Ave., Suite 103. Tampa, FL 33613. For more information, see the JAMS arbitration rules and forms, https://www.jamsadr.com/rules-download/. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
- The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or the Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and the Company subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or the Company, unless the arbitrator requires otherwise.
- The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
- The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Company users but is bound by rulings in prior arbitrations involving the same Company user to the extent required by applicable law.
- Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the JAMS Rules, unless otherwise provided in this Agreement to Arbitrate. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, the Company will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse the Company for all fees associated with the arbitration paid by the Company on your behalf that you otherwise would be obligated to pay under the JAMS rules.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
- Opt-Out Procedure
You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Clause. For new Company users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you use our Site or Services for the first time. If you are already a current user and previously accepted the Terms prior to the introduction of this Arbitration Agreement, the Opt-Out Notice must be postmarked no later than June 30, 2019. You must mail the Opt-Out Notice to 14512 N. Nebraska Ave., Suite 103. Tampa, FL 33613. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to the account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, the Company will likewise not be bound by these arbitration provisions. All other terms of these Terms will continue to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. The Clients who accepted a previous version of these Terms that included an arbitration agreement, and who did not timely opt out of that arbitration agreement, remain bound by the last arbitration agreement that they accepted. Upon receipt of a valid Opt-Out Notice, the Company will provide the opting out user with a copy of the arbitration agreement from the last version of the Terms that the user accepted, if any exists.
- Future Changes to this Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, such change shall not be effective until at least 60 days from the date of posting, and shall not apply to any claim that was filed in a legal proceeding against the Company prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against the Company prior to the effective date of removal.
- Governing Law and Jurisdiction
These Terms, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Delaware, including Delaware's statutes of limitations governing your claim, without giving effect to its principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Clause 27, the Arbitration Agreement.
- Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and the Company must be resolved exclusively by a state or federal court located in the State of Delaware. You and the Company agree to submit to the personal jurisdiction of the courts located within the State of Delaware for the purpose of litigating all such claims or disputes.
- Any Client may open only a single Cosan Account on the Website and should conduct any transactions using that account. Any duplicate accounts or additional accounts opened using false information and declaration by any Client (‘Fraudulent Account(s)’) may be cancelled at any time.
- The Client will be solely liable for any liabilities which may arise from the creation or Use of Fraudulent Accounts and the Client agrees to indemnify and hold Us, Our Affiliates and Partners and other Clients harmless against all claims, liabilities, demands, damages, or expenses (including attorneys’ fees and expenses) arising out of or in connection with the Use of the Fraudulent Account(s).
- Any non-compliance with the provisions of the Terms and Conditions may lead to the cancellation of the Cosan Account for the Client and legal proceedings may be commenced against the Client involved in such acts by Us or the law enforcement authorities. In these situations, We will not be responsible to provide any refunds or compensation.
- We may discontinue the services of any or all of the Cosan Services at any time at Our sole discretion and Clients have no claim to any compensation.
- All Cosan Accounts and/or licenses are non-transferable without explicit written permission from Us.
- The Terms and Conditions and any other related documents issued by Us may be changed at any moment without prior intimation to any Client. The Client would be provided with an opportunity to accept or decline with the changes once they have been made and a Cosan Account may be frozen, suspended or cancelled if a Client does not provide his consent to the modified Terms and Conditions or any other related documents issued by Us.
- You should not be involved in any transaction on with the Company or any Cosan Service Provider which you do not understand completely.
- We do not provide any warranty regarding the suitability of any part or the whole of Cosan Services and equipment used by Us including computer systems, technology, hardware, networks, software for a particular purpose and will not indemnify or compensate any Client for any losses arising from the use of any of the Cosan Services.
- Any information provided by Us on any of the Cosan Services, the Website, any blogs maintained by Us or newsletters and emails sent by Us is not intended to be financial or investment advice and We do not accept the responsibility for the accuracy or the correctness of the information. We also do not accept any liability for any transactions conducted on the basis of such information.
- Hackers or other malicious groups or organizations may attempt to interfere with the Website in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, phishing attacks, smurfing and spoofing (‘Hacking Attack(s)’). Although We make reasonable efforts to secure Our Clients against such incidents, We cannot guarantee that Our Clients will be protected. We will not accept any claims from any damages or losses arising from Hacking Attacks and will not indemnify Clients for losses from a Hacking Attack linked to Use of Cosan Services or the Website.
- We are not liable directly or indirectly whatsoever for any losses to any Client for any of the following:
- Any losses to a Client or third party attributable to any delays, losses, errors or omissions resulting from the failure of any computer equipment or software.
- Losses caused by Government or regulatory action.
- As a Client of any of the Cosan Services or a visitor of the Website you agree not to undertake any scraping, mining, denial of service attack, distributed denial of service attack, hacking or other illegal activities on any of the Cosan Services or Use the Website at any time to illegally spread any software or code or Use the Cosan Services to secure any immoral or illegal gains. You also undertake not to Use the Cosan Services and any linked platforms to harass, harm or perform illegal activities against other Clients, Us or any other third parties.
- We reserve the right to suspend the functioning of any or all of the Cosan Services including the Website for an indefinite period of time without prior notice in case of the following events:
- When We believe that the Cosan Services may not be operated without harm to the interests of the Client and/or the Company due to regulatory, economic, military, political or any other circumstances outside Our control which We determine may or already has severely affected Our functioning and/or the functioning of the Cosan Services.
- When there is an Extreme Disruption Event as determined by the Company.
Disclaimer and Indemnity
- We do not accept any liability for any loss of any intellectual property, confidential information, personal information including but not limited to any payment information or identity, of any Client, Cosan Account holder or user of the Website, resulting from any cyber-crimes or act or omission by the Company or its Affiliates and Partners.
- Through acceptance of the T&C, You accept to hold Us and Our Affiliates and Partners harmless for any physical, mental or financial harm which may be caused by your Use of any of the Cosan Services including the Website.
- Although, We try to maintain the highest degree of functionality for the Cosan Services including the Website, there may be scheduled or unscheduled interruptions in service for reasons beyond Our control. We will try to inform Our Clients at the earliest about such possible disruptions but may fail under certain circumstances. We do not undertake to honour any claims for losses arising from such disruptions.
- Although, We try to build the most stable builds of Cosan Services, they may not perform as expected under certain circumstances. We request you to inform Us immediately about any such situations and stop using the Website and other Cosan Services immediately till We resolve the problem. We will not be liable to compensate the Clients or any third party for any claims arising from the non-performance or failure of the Cosan Services provided that We have taken reasonable steps to prevent any such failure.
- We may try to contact you periodically with offers, updates, news and other promotional services. None of this may be considered as financial or investment advice and We bear no liability from Use of such information. Clients may unsubscribe from these notifications by contacting Us at email@example.com or through any other option provided by Us.
48. We do not ever request any financial information directly through phone, messages or email or through any other unsecure mode of communication and We request Our Clients to report any such incidents to Us through email firstname.lastname@example.org.
We will not be responsible for any financial losses incurred through such financial crimes.
- We do not ever request any financial information directly through phone, messages or email
or through any other unsecure mode of communication and We request Our Clients to report
any such incidents to Us through email email@example.com.
- Disclaimer of Warranties: YOUR USE OF ANY OF THE COSAN SERVICES AND THE WEBSITE ARE AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM 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. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR -FREE BASIS, AND WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT.
- LIMITATION OF LIABILITY: TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, 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 SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER CLIENTS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED FIVE HUNDRED UNITED STATES DOLLARS ($500). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
- Through Use of any of the Cosan Services or the Website, you agree to hold harmless, defend and indemnify Us and all Our subsidiaries, affiliates, partners, employees, advertisers, suppliers and all other related parties from and against any third party claim arising from or in any way related to the breach of the T&C and local or international applicable laws, rules or regulations in connection with your Use or access of the Cosan Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
Queries and Clarifications
- In case of any complainants, suggestions, queries or clarifications you can contact Us at Our email id: firstname.lastname@example.org and We will make Our best effort to respond to your queries within 1-2 (One to two) weeks. The Complaints in most cases should finally be resolved within around 2-4 (two to four) weeks of receipt of complete details and all information sought by Us.
- We reserve the right to delete any content which We consider undesirable from Our Website, Social Media pages and other forums. We also reserve the right to block any Clients from Our email inboxes, Website, Social Media pages and all other forums for posting content, which We consider undesirable or at Our sole discretion without assigning any reason.
- All Communication shall be made with Us and will be made by Us in English only.
- The Terms and Conditions may be updated from time to time and the version available at Cosan Home on a given date will be considered as the governing document for any incidents arising on that date. Only the latest version of the Terms and Conditions will be available on the Website. Clients have the sole responsibility to download and save any copies of the Terms and Conditions on a particular date if they require them. No request for supplying older versions of the Terms and Conditions will be accepted.
- The Terms and Conditions will not be interpreted against one party merely as it was drafted by the party.
- Force Majeure: The Company shall not be held responsible for any delay or failure in performance arising out of causes beyond its control, or without its fault or negligence. Such causes may include, but are not limited to, fires, terrorist acts, strikes, embargoes, shortages or supplies of raw materials, or components or finished goods, acts of God, or national disasters.
- For purposes of this Terms and Conditions document, whenever the context requires:
- the singular number shall include the plural, and vice versa;
- the masculine gender shall include the feminine and neuter genders,
- the feminine gender shall include the masculine and neuter genders,
- the neuter gender shall include the masculine and feminine genders; and
the words include and including, and variations thereof, shall not be deemed to be terms of limitation, but rather shall be deemed to be followed by the words without limitation.