This Terms of Use and Privacy Policy, Mobile Application and all policies posted on our website set out the terms on which Cygnet FAME offers you access and use of website, services, applications and tools (collectively "Services"). All policies, Mobile Application, Privacy Policy are incorporated into this Terms of Use. You agree to comply with the above when accessing or using our Services.
The Domain name www.CygnetFAME.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 FAME”)
You understand and agree that by using the Services of Cygnet FAME, you are deemed to have accepted these terms, regardless of how you subscribe to or use the services. This website and Mobile Application Terms of Use (Terms of Use), Privacy Policy, and other policies applicable to Cygnet FAME Services is an electronic record in the form of an electronic contract shall be binding under relevant provisions of the Information Technology Act of 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes thereof. This electronic record is generated by a computer system or devices and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of CygnetFAME website.
For the Purpose of this Terms of Use, Registered user and wherever the context so requires “You" or "User or Your", shall mean any natural or legal person who has agreed to use the Services of the Website by providing Registration Data while registering on the Website as Registered User/visitor using the computer systems of website and accepted electronic version / electronic this Terms of Use and has allocated himself a unique identification user name (“User ID” and “Password”) to become Registered User or have been identified as Guest User by providing cell number and email id.
If there is any Conflict between Privacy Policy and Term of Use, then Terms of Use, shall take precedence' but only to the extent of the conflict;
Please read these Terms of Use carefully before using or registering on the website or accessing any material, information or services through the website or application. If you do not agree with these terms of use, please do not use the Services.
Cygnet FAME offering premium technology solutions to asses and analse GSTIN data & returns details. In-house Secure IT Infrastructure and Accreditations: ISO 27001:2013, ISO 9001:2008 Certified and CMMi Level 3 Appraised.
Cygnet FAME hereby grants to the you a limited, non-exclusive, non-transferable, revocable right and license to use the Cygnet FAME Services.
You shall have a limited right to use the Cygnet FAME 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 FAME 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 FAME Services or Application.
You shall follow and adhere with the guidelines relating to Cygnet FAME Service if any set out here under or Separate Agreement as may be required under GST Act.
breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
Use Cygnet FAME 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 FAME 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 FAME 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 FAME, or the interests or property of users;
use any robot, spider, scraper, or other automated means to access Cygnet FAME Services for any purpose;
bypass Cygnet FAME 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 FAME use to provide the Services.
Cygnet FAME believe that you are abusing Services in any way, Cygnet FAME 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 FAME may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, Cygnet FAME 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 FAME as set forth below.
If You want to terminate Your agreement with Cygnet FAME, 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 FAME has made this option available to You
You agree that Cygnet FAME may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Cygnet FAME determines that You have violated the terms of these Terms of Use or any other Agreement(s). You also agree that any violation by You of the Agreement(s) will cause irreparable harm to Cygnet FAME, for which monetary damages may be inadequate, and You consent to Cygnet FAME obtaining any injunctive or equitable relief that Cygnet FAME deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Cygnet FAME may have at law or in equity.
If you use Cygnet FAME 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 FAME 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 FAME 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 FAME 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 FAME 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.
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 FAME 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 FAME 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 FAME. You are not permitted to use the Marks without the prior consent of Cygnet FAME.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Cygnet FAME owns all intellectual property rights to and into the trademark "Cygnet FAME", 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 FAME.
Any Cygnet FAME 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 FAME Intellectual Property;
distribute copies of any Cygnet FAME Intellectual Property;
modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble, or make derivative works or improvements based on any Cygnet FAME Intellectual Property;
use, rent, loan, sublicense, lease, distribute, or attempt to grant other rights to any Cygnet FAME Intellectual Property; or
use any Cygnet FAME Intellectual Property to act as a consultant, service bureau or application service provider, or to permit remote access to any Cygnet FAME 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.
Subject to the applicable law, Cygnet FAME 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.
Cygnet FAME view protection of Your privacy as a very important principle. Cygnet FAME understand clearly that You and Your Personal Information is one of Cygnet FAME most important assets. Cygnet FAME store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Cygnet FAME current Privacy Policy is available on its website.
Once you provide your information to us, Cygnet FAME may use such information to provide you various services with respect to your transaction only.
THE WEBSITE, SERVICES, CONTENT, AND ANY THIRD PARTY CONTENT OR SERVICES ARE PROVIDED BY CYGNET FAME ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, CYGNET FAME MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CYGNET FAME OR THROUGH THE WEBSITE / CONTENT OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
NOTWITHSTANDING ANYTHING TO CONTRARY IN THE AGREEMENT(S), CYGNET FAME'S ENTIRE AND AGGREGATE LIABILITY TO YOU UNDER AND IN RELATION TO THESE TERMS OF USE OR OTHERWISE SHALL NOT EXCEED THE PRECEDING TWELVE MONTHS’ FEES PAID AND/OR PAYABLE BY THE YOU UNDER THIS AGREEMENT. FURTHER CYGNET FAME WILL HAVE NO LIABILITY RELATED TO USER SERVICES AND / OR THIRD PARTY CONTENT OR SERVICES. CYGNET FAME ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF SERVICES OR ANY THIRD PARTY CONTENT OR SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW CYGNET FAME 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 FAME HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT CYGNET FAME NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. CYGNET FAME 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 FAME 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 FAME '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 FAME ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY SERVICES PROVIDED TO YOU WHETHER ON BEHALF OF THIRD PARTIES OR ITSELF.
YOU WILL BE REQUIRED TO ENTER A VALID PHONE NUMBER WHILE REGISTERING ON THE WEBSITE. BY REGISTERING YOUR PHONE NUMBER WITH US, YOU PROVIDE CONSENT TO BE CONTACTED BY US VIA PHONE CALLS AND/OR SMS NOTIFICATIONS IN RELATION TO SERVICES UPDATES, IN CASE OF ANY SUCCESSFUL/FAILURE OF TRANSACTIONS OR TRANSACTIONS ERROR NOTIFICATION ETC. WE WILL NOT USE YOUR PERSONAL INFORMATION TO INITIATE ANY PROMOTIONAL PHONE CALLS OR SMS.
YOU ACKNOWLEDGES THAT CYGNET FAME IS NOT PROVIDING LEGAL, FINANCIAL, TAX, ACCOUNTING OR PROFESSION ADVICE. YOU WILL BE SOLELY RESPONSIBLE FOR THE PREPARATION, CONTENT, ACCURACY AND REVIEW OF ANY DOCUMENTS DATA OR OUTPUT PREPARED OR RESULTING FROM THE USE OF THE CYGNET FAME’S SERVICES. IN NO EVENT SHALL CYGNET FAME OR ITS THIRD PARTY SERVICE PROVIDER BE LIABLE FOR ANY PENALTIES, INTEREST OR TAXES ASSESSED BY ANY GOVERNMENTAL OR REGULATORY AUTHORITY.
Notwithstanding anything contained in this Agreement, it is hereby clearly understood by the Parties that the Cygnet FAME 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 FAME 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 FAME, 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 FAME may notify You of any claims which You shall be liable to indemnify Cygnet FAME. You will then be required to consult with Cygnet FAME 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 FAME without the express prior written consent of Cygnet FAME which can be withheld or denied or conditioned by Cygnet FAME in its sole discretion.
When You use the Website, Application or send emails or other data, information or communication to Cygnet FAME, You agree and understand that You are communicating with Cygnet FAME through electronic records and You consent to receive communications via electronic records from Cygnet FAME may be periodically and as and when required. Cygnet FAME 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 FAME prior written consent, Cygnet FAME in sole discretion, Cygnet FAME may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that Cygnet FAME 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 FAME shall be Ms Bhoomi Mehta with email address: bhoomi.mehta@cygnetinfotech.com.
Governing Law and Jurisdiction: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 FAME to Cygnet Infotech Pvt Ltd Attn: Legal Department, at 16, Swastik Society, Nr. Stadium Circle, Navarangpura Ahmedabad 380009 (in the case of Cygnet FAME) 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 FAME 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 FAME and using the Service provided by us. Your continuous use of the Cygnet FAME after the revising the terms and conditions will be consider as your acceptance of the said revised terms and conditions.