TERMS OF SERVICE
LAST UPDATED: NOVEMBER 19, 2019
Welcome to Cosmula. The following terms and conditions (these "Terms of Service" or "Agreement" or “Terms”) govern your access to and use of the Cosmula website (https://cosmula.com), including any content, functionality and services offered on or through Cosmula website (collectively referred to as the "Platform"). The Platform is operated by BUB BUSINESS LTD based in BULGARIA, SOFIA 1000, 99 G.S (hereinafter referred to as “Cosmula” or “We” or “Us” etc.).
The information contained on the Platform, Services, Diet Plans and eBooks has been prepared for general guidance only; it does not constitute professional medical advice. Members should contact a qualified doctor directly for advice concerning specific matters before making any decision.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
This Terms of Service is an electronic contract that sets out the legally binding terms of your use of the Service. This Terms of Service is subject to change by Cosmula at any time, effective upon posting on the Platform. By accessing and/or using the Service or becoming a Member, you accept this Terms of Service and agree to the terms, conditions and notices contained or referenced herein. Your continued use of the Service following Cosmula's posting of revised terms of any section of the Terms of Service will constitute your express and binding acceptance of and consent to the revised Terms of Service.
Services and Support
The Platform allows Members to create their personal profile, buy diet plans and fitness related eBooks (the “Services”).
The Platform is free to use; however, if you want to buy the diet plan or eBooks, you will have to pay the price listed on the Website.
Compatible device is required in order to use the Services. Additionally, a stable connection to the Internet is required.
The Services are designed purely for your non-commercial personal use and reselling of Services is strictly prohibited.
The information contained in the Platform is for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Platform or the information, products, services, or related graphics contained on the Platform for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
By using the Platform, you represent and warrant that you will use the Platform only for personal and non-commercial purposes.
By using the Platform, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Platform in a way that violates any laws or regulations. the Platform may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Services are provided to You via dedicated account on the Platform. Every account is linked to a separate Member.
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorised the use. You’ll immediately notify us of any unauthorised use of your accounts.
We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
By creating an Account on the Platform, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any communication we send.
The Term begins as soon as you access the Platform and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms.
Fees, Payments and Refunds
Browsing and using of the Platform and basic Services is free of cost, however in order to access certain “Premium Features” such as Cosmula Diet Plan, Cosmula eBooks and other special Cosmula programs you must pay the charges mentioned on the Platform (“Premium Feature Charges”). Premium Features once purchased, are non-refundable, non-transferable and non-returnable and must be utilised within thirty days from the date of purchase.
As long as you’re using Premium Features, you’ll provide the Platform with valid credit card information and authorize us to deduct the Premium Features Charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorised to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card order, we’ll try to charge 3 more times in the next few days. Consecutive charge retries does not change and/or extend your Premium Features expiry date.
We provide refunds under these circumstances only when a system-wide malfunction prevented the system from rendering Premium Features to Member and Member reported the incident(s) with evidence to the Platform support team; Member(s) or Sponsor(s) will not be entitled to a refund from the Platform under any other circumstances.
We may introduce new or cancel existing Premium Features at any time and change pricing from time to time. You will be informed about any of the changes in advance via email and/or on our Platform.
You are responsible for any taxes imposed on the services provided under this agreement except in cases where legislation requires us to collect the taxes.
We reserve the right to shut down our Services or Premium Features at any time if we feel that you are abusing our system in any way. If we determine that you have abused the system in any way, and we shut down your account, we do not provide refunds for unused Premium Features.
Reselling of the Services or Premium Features to third parties is not permitted under any circumstances.
Intellectual Property Rights of Cosmula
The Services and Platform contains Intellectual Property of Cosmula in the form of Platform content, graphics, videos, audios, text and any other digital content (“Platform Content”). This is an Agreement for the Services, and you are not granted a license to any Platform Content under this Agreement. Except to the extent that applicable laws prevent the Platform from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or the Platform, or Platform Content; (ii) remove any proprietary notices or labels from the Platform Content; reproduce or copy the Platform Content or any part thereof; (iii) modify, translate, or create derivative works based on the Platform Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Platform Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services; or (vii) allow third parties to gain access to the Services or to Platform Content in any manner other than as expressly permitted in this Agreement.
The Services shall be used for your own personal and non-commercial purpose only and you shall not use the Services or any Platform Content for your commercial benefit or commercial benefit of any third party.
You acknowledge and agree that the Services, the names and logos and all related product and service names, design marks and slogans, and all other material comprising the Services, are the property of Cosmula or its affiliates or suppliers (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties are owned by Cosmula or by other parties that have licensed their material to the Platform. You are not authorised to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Cosmula. Your use of the Services confers no title or ownership in the Services or the Marks and is not a sale of any rights in the Services or the Marks. All ownership rights remain with Cosmula or its third-party suppliers, as the case may be.
You acknowledge and agree that any comments, ideas and/or reports provided to the Platform (“Feedback”) shall be the property of the Platform and you hereby irrevocably transfer and assign to the Platform such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to the Platform. the Platform may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or to communicate separately with you.
Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Platform and the Services, including any downloads from the Platform. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
To the maximum extent permitted by law, we provide the material on the Platform and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
From time to time down-time, either scheduled or unscheduled, may occur. the Platform will work within reason to ensure this amount of downtime is limited. the Platform will not be held liable for the consequences of any downtime.
The Platform cannot guarantee that Platform Content or Content available via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all files associated with the Services, and you release the Platform entirely of all responsibility for any consequences of its use.
You agree to indemnify and hold the Platform harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
Choice of Law
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers are provided only to make this agreement easier to read and understand.
Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Platform. That aside, additional terms may apply to certain features of the Service. The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Platform. Any notice to us will be effective when delivered to us at: [email protected], or any addresses as we may later post on the Platform.