TERMS OF USE

Last updated February 2, 2022

By using this website, you are agreeing to be automatically bound by these terms and conditions, including our privacy policy. We encourage you to carefully read and understand these terms before using the website or any of our services. If you don’t agree, your remedy is to stop using our website.

We may update our terms from time to time and the new provisions will apply from the date they are posted on our website.

INTERPRETATION AND DEFINITIONS
Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: New Zealand
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to cococumba.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Website.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to cococumba, accessible from https://cococumba.com/
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
ACKNOWLEDGMENT

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

NO UNLAWFUL OR PROHIBITED USE

As a condition of Your use of this Website, You warrant that You will not use this Website for any purpose that is unlawful or prohibited by these terms and conditions. You may not use this website in any manner which could damage, disable, overburden, or impair this website or Our business or interfere with any other party’s use and enjoyment of this Website. You agree not to hack into areas of this Website that are not intentionally made available to You.

You expressly agree not to:

  • use the Website as a lead generation tool for the benefit of your own business, or to manufacture “lists” to help your own business, without Our prior approval.
  • engage in any internal or external spamming, or other similar actions.
  • engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions.
  • decompile, reverse engineer, or try to copy or imitate this Website or underlying content (all content on our website is protected by our copyright).
LINKS TO OTHER WEBSITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company 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 the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

PROMOTED SERVICES

If We promote third party products or services via our Website it is because they have provided sponsorship or supported Us in some way. You must exercise Your own judgment based upon Your own personal circumstances before purchasing third party products or services.

COPYRIGHT, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY

The Company owns the intellectual property rights in the contents of this Website or has permission to use or display the material on this Website. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of Our Website content in whole or in part except as expressly authorised by Us. Please contact support@cococumba.com if You require permission to reproduce any of the contents of this Website.

Images subject to copyright may include attribution to the creator and or reference to the source. Any images, item descriptions or written content posted on this Website by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.

The names of actual companies and products mentioned on this Website may be the trademarks of their respective owners. You should seek permission of the owners directly before use.

PERMISSION

You may access, download, or print material from the Website for your personal use only. We grant You permission to share Our content through the same social media platform where Our content is displayed, in accordance with the policies of that social media platform. You may also share Our content through other social media platforms, provided that appropriate links to Our content are kept in place and no changes are made to Our content.

You are not permitted to use Our copyright material for commercial profit of any sort. This means You cannot resell Our services or copyright material without Our express written permission. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.

Except as otherwise expressly granted to You in writing, We do not grant You any other express or implied right or license to Our website content or Our intellectual property.

OUR CONTENT

You use our Website at Your own risk and are responsible for evaluating the accuracy, currency, completeness and relevance of any material. We in no way endorse or otherwise support any view, opinion or comment posted by other users of our Website and provide no warranty (express or implied) about the accuracy, currency or completeness of any material on our Website.

COPYRIGHT INFRINGEMENT

Humans make mistakes. If We’ve made one, Our deepest apologies! If You believe We have either attributed an idea to the wrong person or not given credit where it is due, please email Us at support@cococumba.com with sufficient information to enable Us to determine who is the owner of the intellectual property and to form the reasonable belief that there has been an infringement, then We will remove it from our Website.

SECURITY

We make reasonable efforts to maintain the security of our Website, however, We do not guarantee the security of the Website, Our records, or Your content. We disclaim all liability for any computer virus or technological problems that We do not intentionally cause or that are beyond Our control. You are encouraged to install and maintain up-to-date security software on Your computer.

Continuous accessibility to the Website is dependent upon third party services. As a result, the Website may be inaccessible from time to time.

LIMITATION OF LIABILITY

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

INDEMNITY

You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

  • any content You post via this Website
  • Your unauthorised use of this Website, or products or services included or advertised on this Website
  • Your breach of these Terms and Conditions.
“AS IS” AND “AS AVAILABLE” DISCLAIMER

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

GOVERNING LAW

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

DISPUTES RESOLUTION

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

FOR EUROPEAN UNION (EU) USERS

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

UNITED STATES LEGAL COMPLIANCE

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

SEVERABILITY AND WAIVER
Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

TRANSLATION INTERPRETATION

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

CONTACT US

If you have any questions about these Terms and Conditions, You can contact us:

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