Tellmetut: The term Tellmetut represents Cool Buddy Private Limited (Cool Buddy Pvt. Ltd), a company incorporated under the Companies Act, 2013, its affiliates, Directors, Shareholders, Authorized officers, Authorized Employees, and Authorized Agents.
Users: The term users include:
i. All private educational institution or any person acting on their behalf, who are registered with this website and this agreement shall govern all the transactions resulting from such visit of the website, unless any other agreement to the contrary is entered into between Cool Buddy Pvt. Ltd and the Entity.
ii.All such persons, whether acting in their individual capacity or on behalf of any person, who visit this website or register with the website and this agreement shall govern all the transactions resulting from such visit of the website, unless any other agreement to the contrary is entered into between Cool Buddy Pvt. Ltd and the User.
Cool Buddy Pvt. Ltd and Users are individually also referred to as a party and collectively as the parties.
3. Cognizance and Acceptance of the Agreement
The Users shall be deemed to have read, understood and expressly consented to the covenants of this agreement, which shall be legally binding and govern all the transactions between the parties. The User shall be deemed to have availed the services of Cool Buddy Pvt. Ltd after understanding the legal and practical repercussions of the terms and conditions of this agreement.
Cool Buddy Pvt. Ltd through this website primarily provides users with suitable options of private educational institutions as per certain requirements and criteria’s (e.g.: preferable area, courses/board the user is interested in, amenities/ facilities, etc.)
For removal of doubts, if any, it is hereby clarified that the Cool Buddy Pvt. Ltd is only providing an online portal that consolidates data on private educational institutions in Bangalore and provides users with the most suitable options. It also allows users to review, rate and provide pictures of the entities for benefit of the rest of the users. But the acceptance of photographs is subject to the approval of the private educational institutions.
The information provided by the private educational institutions will be subject to the authentication by Cool Buddy Pvt. Ltd. The authentication will be done through verification officers of Cool Buddy, who will visit the private educational institutions and cross check the information. Only upon the completion of verification will be information be uploaded in the website.
On registration, the contact information provided by the User shall be subject to authentication through e-mail or SMS.
Private educational institutions are required to furnish correct contact information and information about the School. Cool Buddy may communicate with the schools through their e-mails, online account or directly.
Users are required to enter their correct e-mail address in the event of any transaction with Cool Buddy Pvt. Ltd. Cool Buddy Pvt. Ltd will communicate primarily through e-mail. In addition to e-mail, Short Message Services (SMSs) and phone calls may also be used to communicate with Users; however, e-mails sent by Cool Buddy Pvt. Ltd shall be deemed as final conveyance of information (including acceptance, rejection or modification) to the Users. Registered User will receive relevant information also on their online account maintained with Cool Buddy Pvt. Ltd.
7. Right to Refuse/ Remove
Cool Buddy Pvt. Ltd in its sole discretion, has every right to refuse the enquiry or registration of any User without assigning a reason thereof.
The services offered on this website are invitation to offer. Users by confirming their use of the services offered by Cool Buddy Pvt. Ltd are deemed to have offered a proposal, which only upon acceptance by Cool Buddy Pvt. Ltd transforms into a contract. It is further clarified that such contracts are subject to payment of full consideration by the Users.
8. Limitation on Usage of Website
In addition to the forgoing clause and without prejudice to any remedy available under any law or any applicable contract, Cool Buddy Pvt. Ltd may in the event of the following conditions, suspend or terminate, temporarily or indefinitely the User’s registration, limit user’s use of the website, refuse access to any user:
a)If any provision of this agreement or any other agreement between the parties, is violated by the User
b)If the User is found to have furnished incorrect information or if the information so furnished cannot be verified or authenticated
c)If the user is found to have posted offensive content or used unparliamentarily language.
d)If the User is believed to be violating any law by his use of services of Cool Buddy Pvt. Ltd or Third Party Service Providers or if the User is infringing the right of a third party by using this website or if the User violated any other applicable law.
Cool Buddy Pvt. Ltd shall have the above right under this agreement in addition and without prejudice to its right of recovery of money or money from the User in the event of default of any clause of this or any other agreement between the parties
Should Cool Buddy Pvt. Ltd deems it fit; it shall have the right and discretion to reinstate the registration of a User after having suspended or terminated the same.
9. Online Account
Entities have to register with Cool Buddy Pvt. Ltd, to render the services provided in the website, by opening an online account and paying the required fee, if any. Users may register with Cool Buddy Pvt. Ltd for an online account on this website or the integrated social media option available in the website. Such accounts will further simplify the process of rendering any services available on this website as the User’s information gets saved and the same need not be entered for every single transaction.
Users/Entities are solely responsible for safeguarding their accounts with Cool Buddy Pvt. Ltd. Any misuse of an account by any third party is wholly attributable to the Users. Users shall keep their username and password secret from any third person. Cool Buddy Pvt. Ltd will not be responsible for any loss that the Users may suffer on account of unauthorized use of their account by any third person, whether with or without their knowledge.
Users shall, if they notice unusual behavior on their account or suspect any kind malware or hacking, immediately notify Cool Buddy Pvt. Ltd of such development.
10. Intellectual Property
The Users hereby acknowledges that Cool Buddy Pvt. Ltd has the copyright wholly and without any limitations along with all other incidental, derivative and related intellectual property rights in all the content of this website The User shall not claim any intellectual property rights over the same.
Any content displayed on the website may carry copyright and trademark protection of the Third Party Service Providers. The User shall not, unless authorized by Cool Buddy Pvt. Ltd, use or reproduce or transmit or copy such content.
The User is legally bound by this clause, independent of the usage of the website and this clause shall survive any termination of services of agreement.
11. Links to Sites
This website may contain links to third party website in order to enable the User to make an informed choice. The third party links will include payment gateways of various banks, enabling the Entities to effect online payment for our services. Any technical error in such third party sites shall not be held against Cool Buddy Pvt. Ltd. Loss of money, if any due to technical glitches in payment gateways of various banks, shall be resolved only with the concerned banks. Undue credit of money without booking in Cool Buddy Pvt. Ltd account due to such technical errors will be duly refunded by Cool Buddy Pvt. Ltd to the User. Third Party Links will also include links to website owned by the private institution.
12. Links from Sites
This website may be used to promote products of other companies and accordingly links to third party sites as advertisement may appear on this website. Cool Buddy Pvt. Ltd takes no responsibility for authenticity of such advertised products or services and does not endorse the same with its User. The User shall at his independent will, ascertain the utility and authenticity of such advertised products and services. Cool Buddy Pvt. Ltd further disclaims the technical safety of such third party links and any malicious malware found shall not be attributed to Cool Buddy Pvt. Ltd.
Feedback from User/Entities on their experience of the services offered by Cool Buddy Pvt. Ltd is of paramount importance to Cool Buddy Pvt. Ltd and the same will enable Cool Buddy Pvt. Ltd to serve the Users better. Entities may be contacted from time to time to provide their opinion of services. Users specifically authorize Cool Buddy Pvt. Ltd to contact Users on their mobile phones, emails and social networking sites on various services offered by Cool Buddy Pvt. Ltd and with the feedback form. Should Users wish to not receive such e-mails or SMS or calls, they may write to Cool Buddy Pvt. Ltd with instructions to that effect.
Users are free to contact Cool Buddy Pvt. Ltd. through the contact information provided in the website about any grievance or assistance.
Without prejudice to provisions on limited liability in various clauses of this agreement, it is hereby clarified that Users will be using this Website or services of Cool Buddy Pvt. Ltd at their sole risk. Cool Buddy Pvt. Ltd liability is strictly and without any exception limited to providing information on entities registered with the website and the same does not extend to the services per se, that are offered by these entities.
Users/ Entities shall indemnify, defend and hold Cool Buddy Pvt. Ltd harmless from losses, liabilities, costs, claims, damages, litigations, disputes or demands of any third party including but not limited to the Third Party Service Providers, arising out of, resulting from the breach or non-performance of any warranty, liability, obligation, or covenant of this agreement by Users.
Users/Entities shall solely be responsible for any violation of law or of their warranty with Third Parties or general code of conduct and Cool Buddy Pvt. Ltd in no way can be held responsible for the same.
Cool Buddy Pvt. Ltd liability under this agreement is limited to the extent of consideration paid by the Users and under no circumstances it shall extend beyond such amount of consideration.
This agreement shall apply in its entirety. If by any provision of law that may be enacted in future, any provision of this agreement cannot be legally enforced or on account of any practical difficulty, performance of any clause of this agreement becomes impossible, such clause/s shall by default stand severed form this agreement and rest of the agreement shall remain in full force and subsistence.
Any information, document or details transmitted by Cool Buddy Pvt. Ltd to the User shall be deemed to be confidential and the User shall exercise utmost care to protect the confidentiality of the same. User shall not disclose such confidential information to any third party unless required by law or to serve the purpose of the transaction.
19. Modification of the Terms and Conditions
Cool Buddy Pvt. Ltd at its discretion may at any time modify the terms and conditions of this agreement by giving a month’s notice in advance on its website. Consent of the users will be assumed upon on continuing usage of the website by the users after receiving notice.
20. Dispute Resolution
Any dispute arising out of this agreement or of User transaction with Cool Buddy Pvt. Ltd shall be resolved amicably between the parties, failing which the dispute shall be resolved by Arbitration seated in Bangalore, as per the Indian Arbitration and Conciliation Act, 1996. In any other case, Bangalore Courts shall have the sole and exclusive jurisdiction to adjudicate on dispute between the parties to this agreement.