The Domain name www.CygnetGSP.in (hereinafter referred to as “Website”) is the entity owned by Cygnet Infotech Pvt Ltd 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 GSP”)
2. ABOUT CYGNET GSP
Cygnet GSP is a licensed GST Suvidha Provider, offering premium technology solutions which are compliant to existing GST regime. CygnetGSP has in house Secure IT Infrastructure and Accreditations: ISO 27001:2013, ISO 9001:2008 Certified and CMMi Level 3 Appraised.
3. USE OF THE CYGNET GSP SERVICES
- Cygnet GSP hereby grants to the you a limited, non-exclusive, non-transferable, revocable right and license to use the Cygnet GSP Services.
- You shall have a limited right to use the Cygnet GSP Services to pay its taxes, as may be required under applicable Good and Service tax (“GST”) Act/law in accordance with the GST Act.
- Cygnet GSP shall not have any liability of any nature, through all means (whether manual or automated) to accept/reject or deny any Taxpayer/s Data from being transmitted to the GST System from the Cygnet GSP Services or Application.
- You shall follow and adhere with the guidelines relating to Cygnet GSP Service if any set out here under or Separate Agreement as may be required under GST Act.
4. 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 GSP Services if you are not able 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 GSP Services. if you are minor, i.e under age of 18 years) you shall not register on website.
- transfer your user ID to another party without Cygnet GSP 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 GSP, or the interests or property of users;
- use any robot, spider, scraper, or other automated means to access Cygnet GSP Services for any purpose;
- bypass Cygnet GSP 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 GSP use to provide the Services.
- Cygnet GSP believe that you are abusing Services in any way, Cygnet GSP 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.
- Cygnet GSP may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, Cygnet GSP 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 GSP as set forth below.
• If You want to terminate Your agreement with Cygnet GSP, You may do so by (i) not accessing the Website and Mobile application or (ii) closing Your Account for all of the Services that You use, where Cygnet GSP has made this option available to You
5. USER ACCOUNT, PASSWORD, AND SECURITY:
- If you use Cygnet GSP 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 GSP 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 GSP 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 GSP 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 GSP 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.
6. 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 GSP 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 and Mobile App, by no means are any rights impliedly or expressly granted to you in respect of such Content. Cygnet GSP 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 and Mobile Application (“Marks”) are the property of Cygnet GSP. You are not permitted to use the Marks without the prior consent of Cygnet GSP.
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Cygnet GSP owns all intellectual property rights to and into the trademark “Cygnet GSP”, Website and Mobile Application, 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 GSP.
7. USE OF CYGNET GSP INTELLECTUAL PROPERTY.
- Any Cygnet GSP 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 GSP Intellectual Property;
• distribute copies of any Cygnet GSP Intellectual Property;
• modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble, or make derivative works or improvements based on any Cygnet GSP Intellectual Property;
• use, rent, loan, sublicense, lease, distribute, or attempt to grant other rights to any Cygnet GSP Intellectual Property; or
• use any Cygnet GSP Intellectual Property to act as a consultant, service bureau or application service provider, or to permit remote access to any Cygnet GSP Intellectual Property.
8. ENTITY REGISTRATION:
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.
9. MAINTENANCE OF LOGS:
Subject to the applicable law, Cygnet GSP 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.
- b. Once you provide your information to us, Cygnet GSP may use such information to provide you various services with respect to your transaction only.
11. DISCLAIMER OF WARRANTIES AND LIABILITY
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW CYGNET GSP 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 GSP HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT CYGNET GSP NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. CYGNET GSP 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 GSP 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 GSP ‘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 GST SYSTEM. CYGNET GSP 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 GSP shall have no responsibility or liability in relation to failure of any activity, if such activity may have initiated by a You and/or Third Party through Cygnet GSP Application (API or Other Services), and has failed or has been delayed on account of the process of authentication and acceptance of Your Data by GST System or otherwise, including but not limited to, failure or delay as a result of, network or connectivity failure, device or application failure, GST’s System’s failure, possible down time at GST System’s 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 GSP, 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 GSP may notify You of any claims which You shall be liable to indemnify Cygnet GSP. You will then be required to consult with Cygnet GSP 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 GSP without the express prior written consent of Cygnet GSP which can be withheld or denied or conditioned by Cygnet GSP in its sole discretion.
13. ELECTRONIC COMMUNICATION
When You use the Website, Application or send emails or other data, information or communication to Cygnet GSP, You agree and understand that You are communicating with Cygnet GSP through electronic records and You consent to receive communications via electronic records from Cygnet GSP may be periodically and as and when required. Cygnet GSP will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
- 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 GSP prior written consent, Cygnet GSP in sole discretion, Cygnet GSP may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that Cygnet GSP 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 Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of Cygnet GSP 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 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.
- Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of Cygnet GSP to Cygnet Infotech Pvt Ltd Attn: Legal Department, at 16, Swastik Society, Nr. Stadium Circle, Navarangpura Ahmedabad 380009 (in the case of Cygnet GSP) 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: Website created and controlled by Cygnet GSP reserves the right to make any changes to the Website 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 GSP and using the Service provided by us. Your continuous use of the Cygnet GSP after the revising the terms and conditions will be consider as your acceptance of the said revised terms and conditions.
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