Terms and Conditions

TERMS OF USE

LAST REVISED: October 2021

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SITE

1. Who we are and how to contact us

This website www.costacoffee.in (the “Site”) is owned by Costa Limited, a company registered in England & Wales under company number 01270695, whose registered office is at Costa House, Houghton Hall Business Park, Porz Avenue, Houghton Regis, Dunstable, Bedfordshire, England, LU5 5YG with VAT number GB 310031975. The Site is managed in India by Costa Coffee India Private Limited  (referred to below as “Costa”, “we”, “us” and “our”). When we refer to “you” or “your” we mean you, the person accessing or using the Site.

Costa Coffee India Private Limited is a company registered in India under company number U15492DL2885PTC1484 at Square One, C-2, Unit No 216, Second Floor, District Centre, Saket, South Delhi, Delhi, 110017.

You can contact us by using one of the options below:

You can send us an email to the following address: customercare@costaconnect.in.

2. Acceptance to these terms of use

Each time you use our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, then you must not use our Site. We recommend that you print a copy of these terms for future reference.

3. There are other terms that may apply to you

These terms of use refer to the following additional policies, which also apply to your use of our Site

Our Privacy Policy

Our Cookie Policy

You confirm that you accept the above stated additional policies in addition to these terms of use and that you agree to comply with the same.

4. We may make changes to these terms

We may amend these terms from time to time. Please visit this page periodically to ensure you are aware of any changes each time you visit the Site. You can determine when we last changed these terms of use by referring to the “LAST REVISED” date above. You acknowledge and agree each time you visit our Site to access and use our Site according to the then current version of the terms of use.

5. We may make changes to our Site

We may update and make changes to our Site from time to time to reflect changes to our products and to provide the best possible experience to our users, with relevant content. You acknowledge and agree that the form and nature of the content of our Site may change without prior notice. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.

6. We may suspend or withdraw our Site

6.1 The Site is made available free of charge. We do not guarantee that our Site, or any content on it, will always be accessible or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will not be liable to you if for any reason the Site is unavailable at any time or for any period. We will try to give you reasonable notice of any suspension or withdrawal.

6.2 You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms and that they comply with them.

6.3 The Site and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.

7. How you may use materials on our Site

7.1 We are the owner or the licensee of all intellectual property rights in our Site, and in the content and materials published on it. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.

7.2 You should assume that copyright subsists in everything you see or read on our Site. Other than as set out in these terms, you are only permitted to view and use the images and content available on our Site for your own personal, non-commercial use. You must not copy, reproduce, republish, communicate to the public, upload, re-post, modify, transfer or distribute or use in any way, any images or content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors. Any unauthorised use of the images and content may violate intellectual property laws and privacy laws as well as communications regulations and statutes. We do not give any commitment that your use of materials displayed on our Site will not infringe rights of third parties.

7.3 Please note that unauthorised use of the Site or any content on the Site (including without limitation any software made available through the Site) may in certain jurisdictions result in monetary damages and other civil and criminal penalties including, without limitation, for copyright infringement.

7.4 Any communications or materials you send to us through the Site by electronic mail or other means will be treated as non-proprietary and non-confidential. We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.

8. User-generated content

8.1 We may include features on our Site that allow you to share your content with us and other users of our Site. By sharing content through the Site, your content may become publicly accessible.

8.2 For all the content you share through our Site, you agree that you have all necessary rights for you to grant these licenses, and that such content complies with all applicable laws, rules and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party and is furthermore free from viruses and other malware.

8.3 Please note that we do not solicit or encourage submissions of content containing ideas or suggestions relating to our Site, our business or our affiliated entities’ businesses. If you send us any ideas or suggestions, regardless of the topic, we and our affiliated entities will have no obligations with respect to such ideas or suggestions and may use them for any purpose whatsoever.

9. Acceptable use of our Site and rules of conduct

9.1 You may only use our Site for lawful purposes. You must not:
9.1.1 use the Site in any way that breaches these terms or any applicable local, national or international law or regulation;

9.1.2 do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Site or any equipment, network or software used in operating the Site;

9.1.3 misuse the Site or knowingly introduce viruses, trojans, worms, logic bombs, spyware other computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;

9.1.4 attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site;

9.1.5 attack the Site via a denial-of-service attack or a distributed denial-of service attack;

9.1.6 restrict or inhibit any person from using our Site (including by hacking or defacing any portion of our Site);

9.1.7 reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose any portion of, use of, or access to our Site;

9.1.8 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our Site, except as expressly permitted by applicable law;

9.1.9 remove any copyright, trademark or other proprietary rights notice from our Site or from materials originating from our Site;

9.1.10 frame or mirror any part of our Site without our express prior written consent;

9.1.11 create a database by systematically downloading and storing all or any content accessible on our Site;

9.1.12 use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape”, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of our Site, without our express prior written consent;

9.1.13 publish any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid scheme” or investment opportunity, or any other form of solicitation; or

9.1.14 publish any material non-public information about a person or a company without the proper authorisation to do so;

9.2 Additionally, when using our Site and/or sharing content with us, you are prohibited from posting any content which:

9.2.1 is defamatory of any person;

9.2.2 is obscene, offensive, hateful or inflammatory;

9.2.3 bullies, insults, intimidates or humiliates any person;

9.2.4 promotes sexually explicit material;

9.2.5 promotes violence;

9.2.6 promotes discrimination based on (without limitation) or is offensive to any race, sex, caste, religion, nationality, disability, sexual orientation or age;

9.2.7 infringes any third-party rights, including (but not limited to) copyright, trademarks, patents, trade secrets, rights of publicity, rights of privacy and moral rights;

9.2.8 promotes or encourages terrorism or any illegal activity or anti-social behaviour;

9.2.9 threatens, abuses, harasses, upsets or alarms any person;

9.2.10 is harmful to a child;

9.2.11 is untrue, misleading or likely to deceive any person;

9.2.12 impersonates any person or misrepresents your identity or affiliation with any person;

9.2.13 contains someone else’s personal details or confidential information relating to other people;

9.2.14 contains any advertising or promotes any services or web links to other sites; or

9.2.15 promotes a political agenda.

9.3 We may report any such breach to the relevant law enforcement authorities and will fully cooperate with those authorities or court order requesting or directing us to remove or disable access to that information or disclose your identity as applicable. We reserve the right to moderate and remove any content or materials or cancel any links at any time as we see fit.

9.4 While we may monitor and moderate the content or materials submitted through our Site, we are under no obligation to do so and assume no responsibility or liability for anything contained in any user-generated content, including (but not limited to) any error, defamation, omission, falsehood, obscenity, profanity, discrimination or inaccuracy.

9.5 We do not guarantee that the Site will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Site and we recommend that you use your own virus protection software.

10. How we may use your personal data

We will only use your personal data as set out in our Privacy Policy.

11. We have no responsibility for third party content and websites we link to

11.1 Although we make reasonable efforts to update the information on our Site, we shall make no representations, warranties or guarantees, whether express or implied, that third party content on our Site is accurate, complete or up to date, save where we have express knowledge of third party content on our Site that infringes third party rights of other.

11.2 Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over, and assume no responsibility for, the content, privacy policies, security or practices of these third-party sites. These links are provided to you only for convenience and their inclusion does not imply reliability or endorsement by us of the content of any third-party sites. Your use of third-party sites and resources are at your own risk.

11.3 Our content may be hosted on YouTube or other social media platforms. These social media platforms operate their own set of terms of use and privacy policy which are separate to ours. We have no control over, and assume no responsibility for, the content, privacy policies, security or practices of YouTube or other social media platforms.

12. Limitation of liability

12.1 Nothing in these terms excludes or limits our liability for:

12.1.1 death or personal injury caused by our negligence;

12.1.2 fraud or fraudulent misrepresentation; and

12.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

12.2 Nothing in these terms affects your statutory rights including under the relevant national consumer protection law.

12.3 You agree not to use the Site, or any content on the Site, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.4 Our total liability to you for any loss or damage arising out of or in connection with these terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to 10,000 (INR).

13. Information or complaint

If you have any question or complaint regarding our Site or these terms of use, please contact us using one of the options listed above in Section 1.

14. Termination

We may terminate – upon expiration of a prior notice – your access to or use of our Site, or any portion thereof, at any time for good cause, in particular if you breach these terms. Upon any such termination, your right to access or use our Site will cease immediately. Termination of your access to and use of our Site for good cause may be effected without prior notice to you, in particular where you (i) materially breach these terms of use, in particular Sections 7, 8 and 9 or (ii) where your use of our Site is in violation of applicable laws. The termination of your access to or use of our Site shall not affect either party’s statutory rights or liabilities.

15. Severability

If any provision, in whole or in part, is deemed to be unlawful, void or otherwise unenforceable, then that provision, or part thereof, shall be severed from these terms and shall not affect the validity and enforceability of any remaining provisions.

16. Waiver

If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

17.Governing law

17.1 These terms are governed by the laws of India. This means that your access to and use of the Site, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by Indian law.

17.2 If you are resident in the UK or the European Union and we direct this Site to (and/or pursue our commercial or professional activities in relation to the Site in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms, including Section 17.1, affects your rights as a consumer to rely on such mandatory provisions of local law.

18. Online Dispute Resolution

If you are a consumer resident in the European Union and wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are neither obliged to nor do we participate in online dispute resolution.