Terms & Conditions

Important: This is a structured commercial T&C template aligned with Indian law. Before going live, please have it reviewed by an Indian commercial / consumer law attorney.

Last updated: [Insert date of publication]

Acceptance of these Terms

These Terms & Conditions ("Terms") govern your access to and use of the website www.cosmafertility.com, our mobile and web applications, and our products and services (together, the "Services") provided by Cosma ("Cosma", "we", "us", "our").

By accessing or using the Services, you agree to these Terms. If you do not agree, please do not use the Services.

Eligibility

• You must be 18 years of age or older to use the Services.
• You must be capable of entering into a legally binding contract under Indian law.
• You must use the Services only for lawful, personal, non-commercial purposes (unless we have agreed otherwise in writing).

Account registration

• You agree to provide accurate, current and complete information during registration.
• You are responsible for safeguarding your account credentials.
• You agree to notify us promptly of any unauthorized access or use of your account.
• We reserve the right to suspend or terminate accounts that violate these Terms.

Products & medical disclaimer

FertigenTM is a CDSCO-approved Class B medical device. The information provided on the Services — including product descriptions, blog posts, FertiLens reports and consultations — is for general information and educational purposes. It is not a substitute for personalized medical advice, diagnosis or treatment by a qualified healthcare professional.

Fertigen is non-hormonal and is designed to gently support your body's natural conception process. Fertigen does not guarantee conception. Fertility outcomes depend on many factors. Always consult a qualified fertility specialist for medical decisions concerning your fertility journey, particularly if you have been trying to conceive for more than 12 months (or 6 months if you are over 35), or if you have any known medical conditions.

In case of emergency, please call your doctor, your local emergency services or visit the nearest hospital.

Orders, pricing & payment

• All prices are listed in Indian Rupees (₹) and are inclusive of applicable GST unless stated otherwise.
• Prices may change without prior notice; the price applicable to your order is the price displayed at checkout.
• We accept payments through PCI-DSS-compliant payment gateway partners; cash on delivery is available at serviceable PIN codes.
• Once an order is confirmed, you will receive an order confirmation by email and / or SMS.
• We reserve the right to cancel orders due to pricing errors, stock unavailability, or suspected fraud — refunds are processed to the original payment method.

Shipping, delivery & risk

Shipping and delivery are governed by our Shipping & Delivery policy, which forms part of these Terms. Risk of loss or damage to the goods passes to you upon delivery.

Returns, exchanges & refunds

Returns and exchanges are governed by our Returns & Exchanges policy, which forms part of these Terms. Because Fertigen is a sealed medical device, returns are accepted only in limited circumstances described in that policy.

Subscription plans

If you opt into a Cosma subscription plan, you authorise us to charge the payment method on file for each billing cycle until you cancel. You can cancel at any time from your account dashboard or by writing to support@cosma.health. Cancellations take effect at the end of the current billing cycle.

Diagnostic tests & consultations

• Diagnostic tests booked through Cosma are fulfilled by NABL-accredited diagnostic partners; clinical responsibility for laboratory testing rests with the partner laboratory.
• Tele-consultations are provided by qualified fertility specialists in our clinical network — Cosma facilitates the consultation but does not practice medicine.
• Test reports and consultation notes are provided for your information; clinical decisions remain between you and your treating physician.

User content

If you submit reviews, testimonials, comments or other content to Cosma, you grant us a worldwide, royalty-free, non-exclusive licence to use, display, reproduce and adapt that content for the operation and promotion of the Services, with attribution where appropriate.

You are responsible for ensuring you have the right to share what you submit, and that it does not violate any law or third-party right.

Intellectual property

All content on the Services — including the Cosma name, logo, the Fertigen and FertiLens marks, text, graphics, photographs, videos, software and design elements — is owned by or licensed to Cosma and is protected under Indian and international intellectual property laws.

You may not copy, reproduce, modify, distribute or create derivative works without our prior written consent.

Prohibited use

• You may not use the Services for any unlawful, fraudulent or harmful purpose.
• You may not attempt to interfere with, compromise the security of, or reverse-engineer the Services.
• You may not use automated tools (scrapers, bots) to access the Services without our prior written consent.
• You may not impersonate any person or misrepresent your affiliation with any organisation.

Disclaimers

To the maximum extent permitted by law, the Services and all content are provided on an "as is" and "as available" basis, without warranties of any kind.

Statutory rights available to you as a consumer under the Consumer Protection Act, 2019 are not affected by this clause.

Limitation of liability

To the maximum extent permitted by law, our aggregate liability arising out of or related to the Services shall not exceed the total amount paid by you to Cosma in the twelve (12) months preceding the event giving rise to the claim.

We shall not be liable for indirect, incidental, special, consequential, exemplary or punitive damages.

This clause does not limit liability for death or personal injury caused by our gross negligence, or for any other liability that cannot be excluded under applicable law.

Indemnity

You agree to indemnify and hold Cosma, its officers, employees and partners harmless from claims, damages, losses and expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Services, or your violation of any law or third-party right.

Suspension & termination

We may suspend or terminate your access to the Services with or without notice if you violate these Terms, if required by law, or if we discontinue any part of the Services.

On termination, the clauses that by their nature should survive will continue to apply.

Force majeure

We are not liable for delays or failures in performance caused by events beyond our reasonable control, including natural disasters, pandemics, government action, regulatory changes, civil unrest, internet or telecommunications failures, and supply chain disruptions.

Governing law & dispute resolution

These Terms are governed by the laws of India. The competent courts in India shall have jurisdiction, subject to any mandatory consumer protection provisions that allow you to bring proceedings in your place of residence.

Any dispute that cannot be resolved amicably within 30 days of written notice may, at either party's option, be referred to arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator, conducted in English.

Grievance Officer

Name: Dr. Charu Sharma, Founder & CEO

Email: grievance@cosma.health

Contact

Questions about these Terms? Write to us at legal@cosma.health.