Pricing About Us Blog Contact us
Pricing Blog Contact us

Terms and Conditions

We validly assume that you have read, understood and agreed to this Terms and Conditions (TnC) prior to and upon availing the services described hereunder. You shall not register for or utilise the services provided by Us if You do not agree with any of the terms in this TnC. Upon Your registration and/or continued use of the services, it shall be deemed that You have read, understood and agreed to and accepted all the terms of this TnC. A legally valid contract is executed between You and CoFee once You agree to the TnC by clicking “I Agree” or by otherwise accessing or using the Services, and You shall be bound by these terms until expiry or termination in accordance with this TnC.


The terms “CoFee”, “We”, “Us”, “Our”, “Website”, “App” and “www.cofee.life”, shall mean and include CoFee Fintech Private Limited a company registered under the laws of India having its registered address at Door No. XXIV/527, Meda Commercial Hub, Near T.V Station, Seaport-Airport Road, CSEZ P.O, Kakkanad, Ernakulam, Kerala, India, 682037 which owns and operates CoFee along with the Website and all Intellectual Properties associated with it.

Definitions

1. "Services of CoFee" means all software solutions, applications, systems, and technology infrastructure provided, owned, or operated by CoFee, including but not limited to:

  1. CoFee Connect
  2. CoFee Web
  3. CoFee Events
  4. CoFee Collect
  5. CoFee Pay
  6. Any updates, upgrades, enhancements, or successor platforms made available by CoFee from time to time.

2. Fees

  1. Subscription Fee
  2. Platform Fee

3. Authorised Persons/Users

  1. The Customer
  2. The Affiliates and Authorised Beneficiaries of the Customer, as listed in Annexure A of MSA
  3. The “User(s)” which include the employees, staff, or any other persons authorised by the Business to access or use the Services of CoFee on behalf of the Business.

The term “You”, “Your”, “Yours”, “User” shall mean and include any Company/ Corporation/ Partnership Firm/ LLP/ Society/ Trust/ Proprietary concern/ Individuals) (hereinafter referred to as the “Business”) and has registered at www.cofee.life and is availing the Services of CoFee and shall be deemed to include its authorised user(s) operating under the Business as Administrator (as defined hereinafter) and other User(s). “User(s)” shall include the employees, staff, or any other persons authorised by the Administrator to access or use the Services on behalf of the Business.

1. APPLICABILITY

1.1. This TnC shall come into effect upon registration and activation of Your account and/or upon Your access to or use of the Services

1.2. You shall be entitled to avail the Services, strictly subject to the terms and conditions of this TnC and/or any other agreement executed or deemed to be executed between You and CoFee at the time of Your registration.

1.3. All applicable terms, conditions and policies including the Privacy Policy, Disclaimers, acceptable use policies and the Terms of use of third-party service providers, as amended from time to time, and incorporated herein by reference collectively govern Your use of the Service and form an integral and binding part of this TnC.

1.4. By registering on CoFee and/or accessing or utilising the Services, you hereby unconditionally, irrevocably and expressly agree to be bound by this TnC and all the terms herein including the policies, disclaimers, and documents incorporated by way of reference. If You do not agree with any part of this TnC, You shall immediately refrain from accessing or using the Services.

1.5. Any access to or continued use of the Services shall constitute deemed and conclusive acceptance of this TnC.

2. REGISTRATION AND PAYMENT

You hereby unconditionally accept and consent to the onboarding process to avail the Services. You may contact your CoFee POC(point of contact) for more details on the onboarding process and pricing.
In the event of any changes or revisions in the onboarding process, procedures and pricing CoFee shall notify You with 15 days of notice and a fresh consent shall be solicited. If there is no disagreement raised on the revised processes within 15 days of the receipt of the notification, CoFee shall consider that the revision is unconditionally accepted by You.

2.1. Eligibility: You are eligible to register only if:
  1. You are holding a valid and legal business document for the Service you are providing.
  2. You are running an institution (company, body corporate, LLP, partnership firm, Trust, Society, proprietary business) , which is legal and in compliance with applicable laws, including RBI KYC, AML Act 2002, and PMLA regulations.
  3. You are an individual who is above 18 years of age and who is competent to enter into a valid contract as per the Indian Contract Act, 1872 to register.
  4. You are the Owner of the business or an authorised person who has the authority to register on behalf of the institution. Any misrepresentation with respect to such authority or competence shall be solely attributable to You. We shall not be responsible and shall have no liability in the event an incompetent person enters into an agreement with Us.
  5. You agree to indemnify and hold CoFee harmless against any claims, losses, or liabilities arising from such misrepresentation or lack of authority.
  6. You and/or your Authorised Person(s) completely and unconditionally agree to all the terms and conditions of this TnC including but not limited to those policies, terms, conditions which are incorporated herein by way of reference for all the Services of CoFee, and You shall be solely responsible for all acts, omissions, and activities carried out through such Authorised Users.
2.2. Payment:
  1. You may start availing the Service subject to timely payment of applicable fees, after registration.
  2. You agree to pay a monthly/annual subscription fee to avail the Service through the Software.
  3. GST and taxes, as applicable shall be levied on the subscription fees as per the prevailing laws in India and shall be payable by You in addition to the subscription fees.
  4. You may opt for additional Services from CoFee apart from the Service You opted for during the onboarding. You shall make additional payments for the add-ons, if applicable and mutually agreed.
  5. The Fee may be subject to change and You shall be notified in case of any changes. Continued use of the Service after such notification shall constitute acceptance of the revised fees.
  6. You are required to make the payment only after agreeing to the TnC and understanding the Services offered by CoFee. Once onboarded We are not liable to refund if You stop using our Service for any reason whatsoever.
  7. CoFee reserves the right to suspend the Services if You fail to make the Payment. You will be provided with a cure period of 15 days to make the Payment; failing which, the Services will be terminated.

3. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

3.1. CoFee Fintech Pvt Ltd represents that it owns or holds the License to any and all title, rights and interest in copyright and other Intellectual Property Rights in the software “CoFee”, the Website and the Services rendered, including any modifications, enhancements, modules and support materials, whether existing now or developed in the future.

3.2. You hereby agree and acknowledge that You shall not acquire any title, rights and interest in copyright and other Intellectual Property Rights in CoFee and the Services rendered, including any modifications, enhancements, modules and support materials except for a limited, non-exclusive, non-transferable, and revocable right to use the Services strictly in accordance with this TnC.

4. YOUR RESPONSIBILITIES AND OBLIGATIONS

4.1. You shall be entirely responsible for data entries, setting of messages, providing of payment link, obtaining consent from your data subjects, and we shall not be liable for any adverse outcome due to improper entries and handling of data. You shall be entirely responsible for keeping Your details properly updated on Your account, and We shall not be responsible for any loss/ damages incurred to You or Your end customers due to improper updation and error-prone software integration at your end.

4.2. You hereby unconditionally agree that You will not post or transmit, or let Your Authorised Users post or transmit, via the CoFee:

  1. any contents or materials containing profanity;
  2. any contents or materials which are false, inaccurate or misleading;
  3. any material containing viruses or other malicious /harmful codes currently known or futuristic, or any other disruptive or harmful components;
  4. contents that contain cyber bullying, spams, junk or other related material;
  5. any false, defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, pornographic, child pornographic, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities and/or objectionable materials and contents;
  6. any contents or material which may infringe or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary rights unless You obtain rights therein;
  7. contents that violate or infringes the privacy or publicity or other rights of any party;
  8. materials or contents that violates copyright, trademark, or other intellectual property rights;
  9. contents that contain advertisement, solicitations, links to illegal activities including but not limited to money laundering, gambling etc;
  10. contents or materials that hurts the religious sentiments or instigate hatred between communities, castes, people following different religious beliefs or any material which threatens the unity and integrity of India;
  11. any content or material which violate any law or statute; or which violates consumer protection, engages in unfair competition, anti-discrimination or false advertising etc;
  12. any content or material which could be harmful or potentially harmful to our server structure as determined at our sole discretion, including without limitation overloading our technical infrastructure;

4.3. You hereby unconditionally agree that You shall use this Service only for legal and legitimate purposes and shall not use the Services directly or indirectly for any illegitimate purposes including but not limited to money laundering and shall at all times use the Services in compliance with this TnC and that the Services shall be used only in connection with Your business. For the avoidance of doubt, CoFee shall not be under any obligation to monitor, verify, or assess the legality of Your business, transactions, or use of the Services, except to the extent required under applicable law or pursuant to a lawful order of a competent authority, and CoFee shall not be obligated or liable in any manner whatsoever to Your clients, customers, or end users for any deficiency, defect, delay, or failure in Your products or services.

4.4. You shall not, while utilising the Services:

  1. Access, tamper with, penetrate or use – Our servers, computers, (including those of our 3rd party service providers), or other parts of the Software which are part of the Service.
  2. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  3. interfere with, or disrupt, (or attempt to do so), the access of any other Authorised User, or other registered customers/clients of CoFee, including, without limitation, sending a virus, malicious code, overloading, flooding, spamming, the Services, or by scripting the creation of your content in such a manner as to interfere with or create an undue burden on the Services.
  4. Attempt to duplicate CoFee or any portion of it by reverse engineering or any other methods.
  5. sublease Your account to third parties.

4.5. CoFee acts solely as a technology and payment facilitation platform. CoFee does not provide, control, or guarantee the services offered by merchants, nor does it assume responsibility for service delivery or merchant-specific refund obligations. Any service-related concerns or refund requests are required to be resolved directly between the customer and the merchant, outside the CoFee platform.

4.6. You hereby unconditionally agree that You are solely responsible to ensure compliance with any applicable taxes as per the Goods and Services Tax Act, levies, and duties related to the services provided and the payments received through CoFee. CoFee does not file, remit, or otherwise manage GST compliance on behalf of the merchant. The merchant is solely responsible for GST filing, remittance, and all related statutory obligations.

5. THIRD PARTY SERVICES

5.1. We utilise the service of various third-party service providers in bringing you this Service. While availing our Services, You hereby agree to be bound by the relevant terms and conditions of the third party service provider whose services We utilise. To facilitate payments, We utilise the services of

  1. Cashfree(HDFC Bank)
  2. Omniware(Federal Bank)

5.2. Payments are carried through the banks/cards of your customer and your bank; We do not have any control over the same. In case of any discrepancies related to payments, you may contact your bank directly. You hereby agree to be bound by the terms and conditions/terms of usage of these third-party service providers below.
HDFC(Cashfree) - https://www.cashfree.com/tnc/
Federal Bank(Omniware) - https://omniware.in/omniware-ToS.pdf

6. DATA COLLECTION AND PRIVACY

6.1. We do not collect any data including personal data other than those which are uploaded into CoFee by you or your Authorised User(s). You represent and warrant that all data, including personal data, uploaded into CoFee has been lawfully collected and is uploaded with the necessary consent, authority, or permission of the individual(s) to whom such data belongs. CoFee only uses such data to perform the services and such data are stored in our servers and are not disclosed or shared with any third party, except as required for the intended service under applicable law or as set out in the Privacy Policy.

6.2. The personal data keyed in by your customers at the payment gateway are not stored by us and we do not store the banking or financial details of any of your customers.

6.3. To know more about data collection and privacy, please refer to our Privacy Policy. https://www.cofee.life/privacy-policy

7. DISCLAIMERS AND WARRANTIES

7.1. EXCEPT AS PROVIDED AND STATED IN THIS TnC, AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE MAKE NO CLAIMS, WARRANTIES OR REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, AND WE EXPRESSLY WAIVE AND DISCLAIM ANY AND ALL IMPLIED CLAIMS, WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, WITH RESPECT TO THE SERVICE WE PROVIDE INCLUDING ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.

7.2. CoFee is only a platform for providing cloud based payment management and allied services. We do not guarantee any level of success in Your business or the performance, quality, legality, or outcomes of Your products or services.

7.3.We endeavour to keep CoFee to be error free and secure however, we shall not be liable for any data loss, corruption or damages caused due to, including but not limited to, any virus, malicious codes, server breakdowns, and hacking.

7.4.We do not guarantee an uninterrupted Service as the uptime depends on several factors beyond our control including but not limited to your internet connection, its speed and availability, availability of hardware requirements at your end viz., computer, smartphone etc., electricity, uptime of the cloud service where we have hosted our applications etc. Services may also be interrupted when some of the contents posted by you does trigger our (including our service provider’s) malicious code and virus blocking system and we take no responsibility of such interruptions even in cases of false triggers.

7.5. You are responsible for all contents posted by you and your Authorised Users . You are also responsible for maintaining and properly updating your data on your account. We shall not be liable for any loss, damages incurred by you or any third party including Your customers due to improper updation from your end.

7.6. We shall not be liable for any default, loss of data or interruption in Services attributable to events beyond our reasonable control. Such events (the “Force Majeure Events”) shall include but not limited to acts of God, fires, explosions, accidents, unusually severe weather conditions, pandemics, embargoes, wars, riots, labour disputes, strikes, governmental requirements, hacking, server mal-functioning, issues with our third party service providers and any other similar events whether or not foreseeable.

7.7. You shall be the sole owner and shall be solely responsible for your contents and data, which are entered/ uploaded by you on CoFee. We validly assume that you have the appropriate consents from data subjects whose contact details you upload into CoFee and that such data has been lawfully collected and processed, and we shall not be responsible or liable for any actions or omissions from your end. You hereby agree to indemnify and hold CoFee harmless against any claims, losses, damages, or liabilities arising out of or in connection with your content, data, or lack of consent.

8. INDEMNIFICATION

8.1. You hereby agree to indemnify, defend, and hold CoFee Fintech Private Limited and our affiliates, directors, officers, employees, and agents harmless from and against any liabilities, claims, losses, damages or costs, including attorneys’ fees, resulting from any third-party claim, action, dispute, or demand related to your use of CoFee and for violation of any of the provisions of this TnC, violation of any applicable law, or from your placement or transmission of any materials or content onto our (our service provider’s) servers.

8.2. Such liabilities may include, but are not limited to, those arising from the following:

  1. infringement or misappropriation of any intellectual property rights;
  2. defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; and/or
  3. spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy;
  4. any damage or destruction to CoFee’s scripts/ servers/ equipment or to any of our clients, which damage is caused by or otherwise results from your acts or omissions including those of your designates and Authorised Users;
  5. any personal injury or property damage arising out of your activities related to the Services; and
  6. any other damage arising from your equipment or business.

8.3. For the avoidance of doubt, and without prejudice to the indemnity obligations set out under Clauses 8.1 and 8.2, CoFee shall not be under any obligation to monitor, verify, or assess the legality of Your business, transactions, or use of the Services, except to the extent required under applicable law or pursuant to a lawful order of a competent authority, and any claims, actions, disputes, losses, damages, or costs arising out of or in connection with any such matters or any deficiency, defect, delay, or failure in Your products or services vis-à-vis Your clients, customers, or end users shall be fully indemnified by You in accordance with this Clause 8, and CoFee shall not be obligated or liable in any manner whatsoever to Your clients, customers, or end users.

9. LIMITATION OF LIABILITY

9.1. You shall be solely responsible for the consequence of the use of CoFee by You and/or Your Authorised Users.

9.2. We shall not be liable for any indirect or consequential loss, damage, cost or expenses of any kind, whatever and however caused whether arising under contract, tort (including negligence) or otherwise, including loss of production, loss of or corruption of data, loss of profit or of contracts, loss of operation time or loss of goodwill or anticipated savings, even if the we were advised of their possibility.

9.3.It is hereby made clear that to the fullest extent permitted under applicable law, Our total liability (whether in contract, tort, including negligence, or otherwise) under or in connection with this TnC and any other agreement with You relating to CoFee or based on any claim for indemnity or contribution shall be limited in aggregate and shall not exceed the sum of the subscription fees paid by You for three (3) months.

10.1. Suspension and Termination

10.1. Either Party may terminate this TnC at any time without assigning any reasons whatsoever.

10.2 We may either suspend the services and block your access to CoFee or terminate the same at our sole discretion in the event of any violation of the terms of this TnC.

10.3. In the event of any such suspension you will be notified and given an opportunity to correct such breach. If you do not cure the breach within fifteen (15) days, we shall terminate your account with us without further notice.

10.4. Upon termination, Your accounts shall be locked and inaccessible. However, we shall delete your data only after a period of 90 days from date of termination, unless You request immediate deletion. The sole purpose of keeping Your data for a period of 90 days is to enable a smooth start in case you opt to avail our Services again.

10.5. Termination or suspension does not extinguish your liability in terms of unpaid dues towards us nor does it extinguish Our rights to damages in case of a breach of any of the terms in this TnC.

11. MODIFICATION

11.1. We hereby reserve the rights to modify or update any of the terms of this TnC, from time to time after notifying all our subscribers or by posting a general notification on Our website/mobile Application to that effect which shall be deemed to constitute valid notice for this purpose.. You are required to periodically check the TnC for any changes or modifications and continued access to or use of the Services after such notification or posting shall constitute deemed acceptance of the modified or updated TnC, except to the extent otherwise required under applicable law.

12. FORCE MAJEURE

We shall not be responsible for delay/default/inadequate performance/non-performance/failure in its performance of CoFee or its services, if the same is caused by extraordinary weather conditions or other natural catastrophes, epidemics, war, riots, strikes, lockouts or other industrial disturbances, change of law, acts of any governmental agencies or other events beyond our control. If the force majeure event continues for more than 20 days, then the Parties shall mutually decide to terminate or suspend the Services.

13. ASSIGNMENT

13.1. You shall not assign or transfer any or all of your rights acquired under this TnC to any third party either for free or otherwise. You shall not share Your account details or part or the whole of this Service with any third party or entity.

13.2. We may assign the responsibility of providing the Services, to our affiliates, associates including subsidiary, parent company or sister concerns without any notice to You provided such assignment will not cause any interruption in the Services.

14. GOVERNING LAW AND JURISDICTION

14.1. This Terms of Service shall be governed by and construed in accordance with the laws of the Republic of India.

14.2. Any dispute, difference, claim, or controversy of whatsoever nature arising out of or in connection with this TnC, including its interpretation, validity, performance, breach, or termination, shall be subject to the exclusive jurisdiction of the competent courts at Ernakulam, Kerala.

14.3. Notwithstanding the foregoing, CoFee shall be entitled to seek interim, injunctive, or equitable relief from the courts at Ernakulam, Kerala, to protect its rights, intellectual property, or confidential information.