The Domain name www.cygneto-apps.com (hereinafter referred to as “Website”) is owned by Cygneto Apps Pvt. Ltd. Which is the subsidiary company of Cygnet Infotech Pvt Ltd a company incorporated under the Companies Act, 1956 having its registered office at 16, Swastik Society, Near Stadium Circle, Navrangpura, Ahmedabad-380009 (hereinafter referred to as “Cygneto”)
ACCEPTANCE OF THE TERMS:
Cygneto offers innovative mobile ordering applications and solutions which are compliant to existing applicable laws and industry standards. Cygnet also has in house Secure IT Infrastructure and Accreditations: ISO 27001:2013, ISO 9001:2008 Certified and CMMi Level 3 Appraised.
USE OF THE SERVICES
Cygnet hereby grants to the you a limited, non-exclusive, non-transferable, revocable right and license to use the Services.
You shall have a limited right to use the Services, as may be required under applicable law.
You shall follow and adhere with the guidelines relating to Services if any set out here under or Separate Agreement as may be required under relevant provisions in accordance to the applicable law.
IN CONNECTION WITH USING OR ACCESSING THE SERVICES YOU WILL NOT:
Breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
Use Services if you are not able to form legally binding contracts under applicable laws. Persons who are “incompetent to contract” within the meaning of the applicable laws, including minors, un-discharged insolvents etc. are not eligible to use Services. if you are minor, i.e. under applicable law) You shall not register on Website.
transfer your user ID to another party without Cygnet consent;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm Cygnet, or the interests or property of users;
use any robot, spider, scraper, or other automated means to access Services for any purpose;
bypass Services robot exclusion headers interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
commercialize any application or any information or software associated with such application;
harvest or otherwise collect information about users without their consent; or
circumvent any technical measures Cygnet use to provide for the Services.
Cygnet believe that you are abusing our Services in any way, Cygnet may, in its sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay, remove any special status associated with your account(s), remove and, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
Cygnet may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, Cygnet reserve the right to refuse or terminate all or part of our Services if they are detrimental in nature to our Services.
The Agreement will continue to apply until terminated by either you or Cygnet as set forth below.
If you want to terminate your agreement with Cygnet, you may do so by (i) not accessing the Website or (ii) closing your Account for all of the services that you use, where Cygnet has made this option available to you.
USER ACCOUNT, PASSWORD, AND SECURITY:
If you use our Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Cygnet immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You shall ensure that you exit from your account at the end of each session. Cygnet cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You may be held liable for losses incurred by Cygnet or any other user of or visitor to the Website due to authorized or unauthorized use of your account as a result of your failure in keeping your account Information secure and confidential.
You shall ensure that the account information provided by you in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the services is expressly prohibited.
If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete) the Cygnet shall not be responsible for any outcome of the service of your account whether appropriate or inappropriate in current or future use of the Services.
Cygnet disclaims all liability for damages to the extent arising from (i) the failure of services provided by third parties (e.g. Internet service provider, telecommunication, carriers), (ii) the disclosure or dissemination of information during transmission to and from hosted application, you shall encrypts such information during transmission and (iii) delays or error related to the hosted application caused by system or components outside of the Cygnet network, including but not limited to your hardware, software and /or networking system, telecommunication, system, internet access, telephone and communication equipment. Nothing express or implied in this Agreement or otherwise shall permit you or any party working on behalf of you the right to perform an ethical hack, utilize electronic scanning or otherwise implement active or passive security testing against Cygnet or its Subsidiaries, Affiliate systems.
INTELLECTUAL PROPERTY RIGHTS
The Website and Mobile application, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) is owned and controlled by Cygnet and the design, structure, selection, coordination, expression, look and feel and arrangement of such content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through your use of the Website by no means are any rights impliedly or expressly granted to you in respect of such content. Cygnet reserves the right to change or modify the content from time to time at its sole discretion.
The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Cygnet. You are not permitted to use the marks without the prior consent of Cygnet.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Cygnet owns all intellectual property rights to and into the trademarks including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any content through any medium without obtaining the necessary authorization from Cygnet.
USE OF OUR INTELLECTUAL PROPERTY.
Any Cygnet Intellectual Property provided or otherwise made available to you or your Affiliates may be used by you and/or its Affiliates solely for the express purposes described in this Agreement during the Term of this Agreement. For the avoidance of doubt, you will not:
- copy any Cygnet Intellectual Property;
- distribute copies of any Cygnet Intellectual Property;
- modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble, or make derivative works or improvements based on any Cygnet Intellectual Property;
- use, rent, loan, sublicense, lease, distribute, or attempt to grant other rights to any Cygnet Intellectual Property; or
- use any Cygnet Intellectual Property to act as a consultant, service bureau or application service provider, or to permit remote access to any Cygnet Intellectual Property.
If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this Term of Use and other applicable policy, You have the authority to bind that business entity by this Term of Use and other applicable policy.
MAINTENANCE OF LOGS:
Subject to the applicable law, Cygneto may maintain transaction logs of all the request/response processed by you (i.e. capturing the complete meta data available in http headers, request and response time stamp along with status success/failure/timeout etc.) from time to time.
Once you provide your information to us, Cygnet may use such information to provide you various services with respect to your transaction only.
DISCLAIMER OF WARRANTIES AND LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW CYGNET WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. CYGNET HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT CYGNET NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. CYGNET SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, CYGNET SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND CYGNET ‘S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY DATA UPLOADING THROUGH THE WEBSITE IS DONE ENTIRELY AT YOUR OWN DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTS FROM THE SUBMISSION SUCH MATERIAL OR DATA TO CYGNET SYSTEM. CYGNET ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY SERVICES PROVIDED TO YOU WHETHER ON BEHALF OF THIRD PARTIES OR ITSELF.
FURTHER YOU ACKNOWLEDGE THAT CYGNET IS NOT PROVIDING LEGAL, FINANCIAL, TAX, ACCOUNTING OR PROFESSION ADVICE. YOU ARE SOLELY RESPONSIBLE FOR THE PREPARATION, CONTENT, ACCURACY AND REVIEW OF ANY DOCUMENTS DATA OR OUTPUT PREPARED OR RESULTING FROM THE USE OF THE CYGNET SERVICES. IN NO EVENT SHALL CYGNET OR ITS THIRD-PARTY PROVIDER BE LIABLE FOR ANY PENALTIES, INTEREST OR TAXES ASSESSED BY ANY GOVERNMENTAL OR REGULATORY AUTHORITY.
YOU WILL BE REQUIRED TO ENTER A VALID PHONE NUMBER AND/OR EMAIL ID WHILE REGISTERING ON THE WEBSITE FOR THE SERVICE INFORMATION REQUEST. BY DOING SO YOU HEREBY AUTHORISE US TO CONTACT YOU IN RELATION TO THE SERVICES THAT YOU HAVE REQUESTED.
Notwithstanding anything contained in this Agreement, it is hereby clearly understood by the parties that the Cygnet shall have no responsibility or liability in relation to failure of any activity, if such activity may have initiated by you and/or third party through Services, and has failed or has been delayed on account of the process of authentication and acceptance of your data by third party system or otherwise, including but not limited to, failure or delay as a result of, network or connectivity failure, device or application failure, third party system failure, possible down time at end or any other technical or non-technical error of any nature, whether foreseen or unforeseen at the time of entering into this Agreement.
You agree to indemnify, defend and hold harmless Cygnet its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, your use of the Website / Services; or (iii) Your violation of any rights of another, including any intellectual property rights.
Cygnet may notify you of any claims which you shall be liable to indemnify Cygnet. You will then be required to consult with Cygnet regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Cygnet without the express prior written consent of Cygnet which can be withheld or denied or conditioned by Cygnet in its sole discretion.
When you use the Website, Mobile application or send emails or other data, information or communication to Cygnet, you agree and understand that you are communicating with Cygnet through electronic records and you provide consent to receive communications via electronic records from Cygnet may be periodically and as and when required. Cygnet will communicate with you by email or on your mobile number which will be deemed adequate service of intimation / electronic record to the maximum extent permitted under any applicable law.
FEES AND PAYMENTS:
The Applications are available under yearly subscription plans and by per user billing. Your subscription will be automatically renewed at the end of each subscription period unless any change that you do not wish to renew the subscription. In case you want to shut down our service, you must inform us at least seven days prior to the renewal date.
You will not be charged for using any Service unless you have opted for a paid subscription plan.
Entire Agreement. This agreement (including all Attachments hereto, and all documents incorporated herein by reference): (a) represents the entire agreement between the parties with respect to the subject matter hereof and supersedes any proposals, representations previous or contemporaneous oral or written agreements and any other communications between the parties.
Assignment: You are prohibited to assign this agreement or any of its rights hereunder, or delegate any of its obligations hereunder, whether voluntarily, involuntarily, by operation of law or otherwise, without the Cygnet prior written consent, Cygnet in sole discretion, Cygnet may transfer its rights and obligations (also known as “assign”) under this agreement without your prior express consent, provided that Cygnet assigns the agreement on the same terms or terms that are no less advantageous to you.
Independent Contractors: The parties are entering into this agreement as independent contractors, and this agreement will not be construed to create a partnership, joint venture, or employment relationship between them. Neither party will represent itself to be an employee or agent of the other or enter into any agreement or legally binding commitment or statement on the others behalf or in the other’s name.
Grievance Officer: In compliance with the applicable law and the rules made thereunder, the Grievance Officer of Cygnet shall be Ms Bhoomi Mehta with email address: firstname.lastname@example.org
Failing resolution through negotiation, any remaining dispute shall be submitted to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (including any statutory modifications and substitutions made thereto). The language of the arbitration shall be English. The place of arbitration shall be Ahmedabad and shall performed by a single arbitrator chosen by mutual consent of both the parties. Where the single arbitrator is not agreed upon between the Parties within 15 (fifteen) days from the date at which the negotiations failed in that case Arbitration proceeding shall be carried out by three Arbitrator. Each party shall appoint one arbitrator. The two appointed arbitrators shall appoint a third arbitrator to form the Arbitral Tribunal. The third arbitrator shall act as the presiding arbitrator. The decision of the Tribunal shall be binding on the parties. The Arbitral Tribunal will have no power to award (i) damages inconsistent with the Agreement or (ii) punitive damages or any other damages not measured by the prevailing party’s actual damages, and the parties expressly waive their right to obtain such damages in arbitration or in any other forum. All aspects of the arbitration will be confidential. Neither the parties nor the arbitrators may disclose the existence, content or results of the arbitration, except as necessary to comply with legal or regulatory requirements. Each party will promptly pay its share of all arbitration fees and costs, provided that such fees and costs shall be recoverable by the prevailing party as determined by the arbitrator. If a party fails to pay such share promptly upon demand, the Arbitral Tribunal shall, upon written request by the other party, enter a final and binding decision against the nonpaying party for the full amount of such share, together with an award of attorney’s fees and costs incurred by the other party in obtaining such decision, which decision may be entered in any court of competent jurisdiction. Except for the failure of a party to pay arbitration fees and costs that requires resort to the Arbitral Tribunal to order such payment, the parties will bear their own attorneys’ fees in any matter or dispute under this Agreement.
Notwithstanding the determination by the parties to utilize arbitration as specified above for resolution of disputes arising out of or in connection with this Agreement, nothing herein shall preclude either party from seeking and obtaining from a court of competent jurisdiction appropriate equitable relief, including without limitation, a temporary restraining order or other injunctive relief, to prevent a breach of this Agreement relating to intellectual Property, confidentiality, or non-solicitation, or to otherwise maintain the status quo pending outcome of any arbitration
Force Majeure. Neither party will be liable for any failure to perform any of its obligations hereunder by reason of Force Majeure Event, provided that the affected party provides the other party prompt notice of the applicable circumstance and uses commercially reasonable efforts to re-commence performance as promptly as possible; and provided further that if a party’s performance is delayed for a period of more than thirty (30) days by reason of any Force Majeure Event, then the other party may at its option, by written notice to the affected party, either: (a) terminate this agreement; or (b) extend the Term of this agreement for a number of days equal to the duration of the affected party’s non-performance.
Waiver. To be effective, any waiver by a party of any of its rights or the other party’s obligations under this Agreement must be made in a writing signed by the party to be charged with the waiver. Waiver of any breach of any term or condition of this agreement will not be deemed a waiver of any prior or subsequent breach. No failure or forbearance by either party to insist upon or enforce performance by the other party of any of the provisions of this agreement or to exercise any rights or remedies under this agreement or otherwise at law or in equity will be construed as a Waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will be and remain in full force and effect.
Severability. If any provision of this agreement is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect in such jurisdiction and will be liberally construed in order to effectuate the purpose and intent of this agreement, and the invalidity or unenforceability of any provision of this agreement in any jurisdiction will not affect the validity or enforceability of any such provision in any other jurisdiction.
Change in Policy:
Complaint: If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by Cygnet to the complainant.