This website www.cynepia.com is owned and managed by Cynepia Technologies Pvt. Limited, a company incorporated under the Indian laws, having its registered office at office at A/604, Adarsh Palm Retreat, Sarjapur-Marthahalli Outer Ring Road, Bangalore, Karnataka – 560103, India (hereinafter "Cynepia").
You have entered into this Agreement as "the User" of the Site and Cynepia has entered into this Agreement as the owner of the Site.
This agreement is published in compliance with the relevant provisions of various Indian laws including:
- The Indian Contract Act, 1872
- The Information Technology Act, 2000, [As amended by Information Technology (Amendment) Act 2008];
- The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2001 (the “SPI Rules”) and
- The Information Technology (Intermediate Guidelines) Rules, 2011.
Terms and Conditions
- “User” for the purpose of this Agreement, wherever the context so requires, ‘you’ and ‘your’ shall relate to any natural or legal person who has agreed to become a User on the website by providing registration data while registering on the site. The User includes the person using this Site, and any legal entity, which may be represented by such person under actual or apparent authority.
- If the User is a business entity, then the person using the services provided by the Site represents that:
- such person has the authority to bind the entity to this Agreement;
- such person, when registering, uses the address of the principal place of business of such business entity;and
- all other information submitted on the Site, as well as on affiliated websites during the registration process by such person is true, accurate, current and complete.
- For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
- If the User is a business entity, then the person using the services provided by the Site represents that:
- "Affiliates" means entities controlling, controlled by or under common control with Us.
- “Documentation” means the written and/or electronic release notes, implementationguides, or other published technical documentation about the applicable Software asa Service (hereinafter “SaaS”) product.
- “License Term” means the term of the access rights granted for the SaaS Product, asidentified in the relevant Order, starting when Cynepia delivers to Customer therelevant credentials to access and use the SaaS Product.
- “Order’ means any purchase order, product schedule or ordering document betweenCustomer and Cynepia.
- “SaaS Product” means the [-please insert your software product name] services madeavailable by access to and use of software hosted by Cynepia to which Customer haspurchased a license under the relevant Purchase Order.
- "Third Party Rights” shall mean and include third party copyrights, trademarks,trade secret rights, patents and other personal or proprietary rights affecting orrelating to material or information displayed on the Site, including but not limited torights of personality and rights of privacy, or affecting or relating to products that areoffered or displayed on the Site.
- In this Agreement, the words “you” or “your” or “User” or any similar words as the context shall collectively imply a vendor, a buyer, and any visitor on the Site. In this Agreement “Cynepia Technologies Pvt. Ltd.”, “We”, “Us”, “Our” or any similar words as the context may require refer to “Cynepia”.
- By visiting the Site or by registering with the services or by accepting this Agreement,you represent and warrant to Us that you are at least 18 years of age and that youhave the right, authority and capacity to use the Site.
- The Agreement is applicable to the Site as a whole. However, certain sections of theSite may set out additional terms and conditions applicable for you, which will benotified separately in such sections. Under no circumstances, shall the provisions ofsuch terms and conditions prevail over this Agreement.
- We may amend this Agreement at any time by posting the amended and restatedAgreement on the Site. Such amended and restated Agreement shall bind you and Usimmediately upon posting. The last revision date of the Agreement shall bementioned at the beginning of the Agreement. Posting by Us of the amended andrestated Agreement and your continued use of the Site shall be deemed to beacceptance of the amended terms. This Agreement may not be modified except inwriting by Us.
- Access to some parts of the Site, and some of its features are provided to all the Usersfree of charge. We reserve the right to restrict access to any areas or features of theSite, without prior notice to any User.
- You agree that you shall not copy, reproduce or download any information, text,images, video clips, directories, files, databases or listings available on or through theSite for the purpose of re-selling or re-distributing, operating a business thatcompetes with the Site, or otherwise commercially exploiting the Site’s Content.Systematic retrieval of Site’s Content to create or compile, directly or indirectly, acollection, database or directory or any such compilation (whether through bots,spiders, automatic devices, or manual processes) without prior written permissionfrom Us is prohibited. In addition, use of the content or materials for any purposenot expressly permitted in this Agreement is prohibited.
- User’s Eligibility
The use of the Site and application is available only to persons who can enter intolegally binding contracts under the Indian Contract Act, 1872. Persons who are“incompetent to contract” within the meaning of the Indian Contract Act, 1872including minors, undischarged insolvents etc. Are not eligible to this site.
If you are a minor, you shall not register as a vendor on the website, transact or usethe Site. As a minor if you wish to use the Site or make a transaction, such use ortransaction may be made by your legal guardian or parents. Cynepia reserves theright to terminate your registration if it is brought to Cynepia notice or discoveredthat you are under the age of 18 years.If you register as a business entity, yourepresent that you are duly authorized by the business entity to accept the terms ofthis agreement and you have the authority to bind business entity to this agreement.
- Account and Registration Obligations
The User is solely responsible for maintaining confidentiality of the User passwordand user identification and all activities and transmission performed by the Userthrough his user identification and shall be solely responsible for carrying out anyonline or off-line transaction involving credit cards / debit cards or such other formsof instruments or documents for making such transactions and Cynepia assumes noresponsibility or liability for their improper use of information relating to such usageof credit cards / debit cards used by the subscriber online / off-line. The User agreesthat if any information provided is untrue, inaccurate, not current, incomplete, ornot in compliance with this terms of the agreement, we shall have the right toindefinitely suspend, terminate or block you from accessing the website
- Acceptable Use Policy
The User / visitor to www.cynepia.com or affiliated site(s) is prohibited from uploading, posting, transmitting, updating or sharing any information that:
- belongs to another person and to which the user does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene,pornographic, paedophilic, libellous, invasive of another's privacy, hateful, orracially, ethnically objectionable, disparaging, relating or encouraging moneylaundering or gambling, or otherwise unlawful in any manner whatever;harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages orcommunicates any information which is grossly offensive or menacing innature; impersonate another person;
- contains software viruses or any other computer code, files or programsdesigned to interrupt, destroy or limit the functionality of any computerresource; threatens the unity, integrity, defence, security or sovereignty ofIndia, friendly relations with foreign states, or or public order or causesincitement to the commission of any cognizable offence or preventsinvestigation of any offence or is insulting any other nation.
The Users are also not allowed to:
- Do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties.
- Share your password, let anyone access your account, or do anything that might put your account at risk.
- Attempt to access any other user's account.
- Reproduce, transfer, sell, resell, or otherwise misuse any content from our services, unless specifically authorized to do so.
- Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
- Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
- How Cynepia can use your content
You grant Cynepia a non-exclusive, royalty-free, transferable, sub-licensable,worldwide license to use, store, modify, create derivative works, perform, anddistribute your User Content on Cynepia solely for the purposes of operating,developing, providing, and using the Cynepia Products. Nothing in these Termsshall restrict other legal rights Cynepia may have to User Content, for exampleunder other licenses. We reserve the right to remove or modify User Content for anyreason, including User Content that we believe violates these Terms or our policies.
You agree, acknowledge and understand that:
- You are using the Website provided and owned by Cynepia;
- The permission granted by Cynepia to use the Website is on a non-exclusivebasis, non-transferable and non sub-licensable license;
- Cynepia reserves the right to deny access to, or revoke, such permission to usethe Website at any time;
- Cynepia shall have the right to remove the listing of any Product/Service beingoffered for sale by You;
- Any and all data derived as a result of this Agreement will be owned by Cynepiaand You shall have the right to utilize such data for the duration of the Term ofthis Agreement to fulfill Your obligations hereunder; and
- The User represents that the User shall not, at any time, use any intellectualproperty of Cynepia in any manner without the prior written consent ofCynepia. The User also represents that the User shall not purchase any Cynepia metatags on the Internet without the prior written consent of Cynepia
- Data Privacy
- Registration Fee
The Registration on the website is free. Cynepia do charge any fee forbrowsing/registering on the website. However, before you offer a service/productthrough the website.
- Trademark, Copyright and Restriction
This site is controlled and operated by Cynepia. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on the Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means, and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
The rights and obligations under this Agreement shall not be assigned or transferred by You to any third party whomsoever, during the Term of this Agreement.
- Suspension and Termination
- By Cynepia, with immediate effect, if you are in breach of any of its obligations, representations or warranties, or any other material terms as contained in this Agreement and/or any of the Cynepia Policies;
- By Cynepia, without any reason, by giving You a prior notice of seven (7) days; or
- By Cynepia, with immediate effect, if a petition for relief under any bankruptcy or insolvency is filed by or against You, or You make an assignment for the benefit of the creditors, or a receiver or an administrative receiver or administrator is appointed for all or a substantial part of Your assets;
You shall indemnify and hold harmless www.cynepia.com , its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions, including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this User Agreement and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
- Intellectual Property Rights Infringement Complaints
The User agrees that the brands/logos, trademarks, etc., are exclusive property of the Cynepia and cannot in any circumstances be used, or copied, or altered in any manner. You recognize and confirm that Cynepia has the exclusive right to supervise, allow and reject the contents of the Website. Cynepia shall not be liable for contents and images shared, uploaded or displayed on the Website by the User and all consequent liability will be borne by the User only.
- Limitation of Liability
THIS WEBSITE, ALL THE MATERIALS AND PRODUCTS (INCLUDING BUT NOT LIMITED TO SOFTWARE) AND SERVICES, INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED EXCEPT OTHERWISE SPECIFIED IN WRITING. WITHOUT PREJUDICE TO THE FOREGOING PARAGRAPH, CYNEPIA DOES NOT WARRANT THAT:
THIS WEBSITE WILL BE CONSTANTLY AVAILABLE, OR AVAILABLE AT ALL; OR
THE INFORMATION ON THIS WEBSITE IS COMPLETE, TRUE, ACCURATE OR NON-MISLEADING.
CYNEPIA WILL NOT BE LIABLE TO YOU IN ANY WAY OR IN RELATION TO THE CONTENTS OF, OR USE OF, OR OTHERWISE IN CONNECTION WITH, THE WEBSITE. CYNEPIA DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCT (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATION SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ALL THE CONTENTS OF THIS SITE ARE ONLY FOR GENERAL INFORMATION OR USE. THEY DO NOT CONSTITUTE ADVICE AND SHOULD NOT BE RELIED UPON IN MAKING (OR REFRAINING FROM MAKING) ANY DECISION. ANY SPECIFIC ADVICE OR REPLIES TO QUERIES IN ANY PART OF THE SITE IS/ARE THE PERSONAL OPINION OF SUCH EXPERTS/CONSULTANTS/PERSONS AND ARE NOT SUBSCRIBED TO BY THIS SITE. THE INFORMATION FROM OR THROUGH THIS SITE IS PROVIDED ON "AS IS" BASIS, AND ALL WARRANTIES, EXPRESSED OR IMPLIED OF ANY KIND, REGARDING ANY MATTER PERTAINING TO ANY GOODS, SERVICE OR CHANNEL, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT ARE DISCLAIMED AND EXCLUDED. CERTAIN LINKS ON THE SITE LEAD TO RESOURCES LOCATED ON SERVERS MAINTAINED BY THIRD PARTIES OVER WHOM CYNEPIA HAS NO CONTROL OR CONNECTION,BUSINESS OR OTHERWISE AS THESE SITES ARE EXTERNAL TO WWW.CYNEPIA.COM YOU AGREE AND UNDERSTAND THAT BY VISITING SUCH SITES YOU ARE BEYOND THE WWW.CYNEPIA.COM WEBSITE. CYNEPIA THEREFORE NEITHER ENDORSES NOR OFFERS ANY JUDGEMENT OR WARRANTY AND ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THE AUTHENTICITY/AVAILABILITY OF ANY OF THE GOODS/SERVICES/OR FOR ANY DAMAGE, LOSS OR HARM, DIRECT OR CONSEQUENTIAL OR ANY VIOLATION OF LOCAL OR INTERNATIONAL LAWS THAT MAY BE INCURRED BY YOUR VISIT AND/OR TRANSACTION/S ON THESE SITES.
- Applicable Law
This user agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bangalore, KARNATAKA, INDIA
Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.
- Entire Agreement
This Agreement, along with the other Cynepia Policies shall constitute the full and complete Agreement between the User and Cynepia hereto relating to the subject matter thereof.
- Contact Us
If you have any questions regarding this User Agreement, please write to us to firstname.lastname@example.org. Any feedback you provide at this Site shall be deemed to be non-confidential. We reserve the right to freely use such information on an unrestricted basis.