The Domain name https://cygnetface.stagingapplications.com// (hereinafter referred to as “Website”) is the entity owned by Cygnet Infotech Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at 16, Swastik Society, Near Stadium Circle, Navrangpura, Ahmedabad-380009 (hereinafter referred to as “Cygnet FACE”).
2. ABOUT CYGNET FACE
Cygnet FACE (Financial Accounting Comprehensive and Easy) is a product of Cygnet Infotech, that has been developed with a vision to bring consistency & accuracy in accounting, to keep pace with changes in tax laws, manage high volumes of heterogenous data and generate GST compliant reports. Cygnet FACE is a customizable software that was approved by GSTN considering its promising features and ease of use for small, medium & large enterprises. It caters to the diverse demands of modern businesses and is also scalable and customisable based on Your business requirements.
3. USE OF THE CYGNET FACE Services
Cygnet FACE hereby grants to the You a limited, non-exclusive, non-transferable, revocable right and license to use the Cygnet FACE Services.
You shall follow and adhere with the guidelines relating to Cygnet FACE Service if any set out here under or Separate Agreement as may be required accordingly.
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 Cygnet FACE Services if You are unable to form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use Cygnet FACE Services. If You are minor, i.e. underage of 18 years) You shall not register on the platform.
transfer Your user ID to another party without Cygnet FACE’s 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 FACE, or the interests or property of users;
use any robot, spider, scraper, or other automated means to access Cygnet FACE Services for any purpose;
bypass Cygnet FACE 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;
try to harvest or otherwise collect information about other users without their consent; or
circumvent any technical measures of Cygnet FACE use to provide the Services.
If Cygnet FACE believes that You are abusing Services in any way, Cygnet FACE may, in our 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.
The Agreement will continue to apply until terminated by either You or Cygnet FACE and You may do so by (i) not accessing services of the Application (ii) closing Your Account for all of the Services that You use on the Platform, where Cygnet FACE has made this option available to You.
USER ACCOUNT, PASSWORD, AND SECURITY:
If You use Cygnet FACE Services, You are responsible for maintaining the confidentiality of the user id and the password and for restricting access to Your computer to prevent unauthorized access to Your account while you use of Cygnet FACE Application. 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 FACE 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 each time. Cygnet FACE 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 FACE or any other user of or visitor to the Platform 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 while registering on the platform 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 FACE 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.
INTELLECTUAL PROPERTY RIGHTS
The Platform, the Application, its services or processes, 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 FACE and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected under Copyright, Patent and Trademark laws, and various other Intellectual Property Rights. Through Your use of the Platform and Application, by no means are any rights impliedly or expressly granted to You in respect of such Content. Cygnet FACE 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 Platform and Application (“Marks”) are the property of Cygnet FACE. You are not permitted to use the Marks without the prior consent of Cygnet FACE.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Cygnet FACE owns all Intellectual Property Rights to and into the trademark “Cygnet FACE”, Platform and Application, including, and without any limitation to, 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 FACE.
7. USE OF CYGNET FACE INTELLECTUAL PROPERTY.
Any Cygnet FACE Intellectual Property provided or otherwise made available to You or its 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 FACE Intellectual Property;
distribute copies of any Cygnet FACE Intellectual Property;
modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble, or make derivative works or improvements based on any Cygnet FACE Intellectual Property;
use, rent, loan, sublicense, lease, distribute, or attempt to grant other rights to any Cygnet FACE Intellectual Property; or
use any Cygnet FACE Intellectual Property to act as a consultant, service bureau or application service provider, or to permit remote access to any Cygnet FACE 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 laws, Cygnet FACE shall have right to maintain audit as well as transaction logs of all the request/response processed by You for a period of 7 years by capturing the complete meta data available in http headers, request and response time stamp along with status (success/failure/timeout etc.), requesting third party details like application id/license key, API type etc. as prescribed by GSTN from time to time.
Once You provide Your information to us, Cygnet FACE 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 FACE 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 FACE has endeavoured to ensure that all the information on the website is correct, but Cygnet FACE neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Cygnet FACE shall not be responsible for the delay or inability to use the Platform and the application or related functionalities or services, the provision of or failure to provide functionalities, or for any information, or otherwise arising out of the use of the website or services, whether based on contract, tort, negligence, strict liability or otherwise. Further, Cygnet FACE shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Cygnet FACE‘s control. The User understands and agrees that if or any data uploading through the Platform is done, it shall be entirely at Your own discretion and You will be solely responsible for any results from the submission of the same. Cygnet FACE accepts no liability for any errors or omissions, with respect to any services provided to You whether on behalf of third parties or itself.
Notwithstanding anything contained in this Agreement, it is hereby clearly understood by the Parties that the Cygnet FACE shall have no responsibility or liability in relation to failure of any activity, if such activity may have been initiated by You and/or by any Third Party through Cygnet FACE Application.
You agree to indemnify, defend and hold harmless Cygnet FACE, 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 Application / Services; or (iii) Your violation of any rights of another, including any intellectual property rights.
Cygnet FACE may notify You of any claims which You shall be liable to indemnify Cygnet FACE. You will then be required to consult with Cygnet FACE 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 FACE without the express prior written consent of Cygnet FACE which can be withheld or denied or conditioned by Cygnet FACE in its sole discretion.
13. ELECTRONIC COMMUNICATION
When You use the Platform, Application or send emails or other data, information or communication to Cygnet FACE, You agree and understand that You are communicating with Cygnet FACE through electronic records and You consent to receive communications via electronic records from Cygnet FACE may be periodically and as and when required. Cygnet FACE will communicate with You by email or by notices on its Platform or electronic records on the Platforms or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under the applicable laws.
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 FACE prior written consent, Cygnet FACE in sole discretion, Cygnet FACE may transfer its rights and obligations (also known as “assign”) under this Agreement without Your prior express consent, provided that Cygnet FACE 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 others behalf or in the other’s name.
Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of Cygnet FACE shall be Ms Bhoomi Mehta with email address: email@example.com
Governing Law and Jurisdiction: This agreement shall be construed only in accordance with the laws of India. In respect of all, Claims, matters/disputes arising out of, in connection with or in relation to this Agreement, only the competent Courts at Ahmadabad, Gujarat shall have exclusive jurisdiction. No other Court shall have jurisdiction to deal with any dispute or any matter between the parties arising out of this Agreement.
Force Majeure. Neither Party will be liable for any failure to perform any of its obligations hereunder by reason of Force Majeure, provided that the affected Party provides the other Party prompt notice of the applicable circumstance and uses commercially reasonable efforts to pursue the other Party to re-commence its services 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.
Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of Cygnet FACE to Cygnet Infotech Pvt Ltd Attn: Legal Department, at 16, Swastik Society, Nr. Stadium Circle, Navarangpura Ahmedabad 380009 (in the case of Cygnet FACE) or to the email address You provide to us during the registration process (in Your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Change in Policy: The Platform created and controlled by Cygnet FACE reserves the right to make any changes to the terms, conditions and disclaimers at any time without prior information to the customers or users of the Services. You are bound to understand the terms and conditions before accessing to Cygnet FACE and using the Service provided by us. Your continuous use of the Cygnet FACE after revising the terms and conditions will be considered as Your acceptance of the said revised terms and conditions.