Cygnet Invoicing Tool

Terms of Use

1.  AGREEMENT

This Terms of Use and Privacy Policy and all policies posted on our website set out the terms on which Cygnet Invoicing Tool offers You access and use of services and applications (collectively “Services”). All policies and 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 https://invoicingtool.cygnettaxtech.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 Invoicing Tool”).

You understand and agree that by using the Services of Cygnet Invoicing Tool, You are deemed to have accepted these terms, regardless of how You subscribe to or use the services. This Application, Terms of Use (Terms of Use), Privacy Policy, and other policies applicable to Cygnet Invoicing Tool Services is an electronic record in the form of an electronic contract that 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 Cygnet Invoicing Tool 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 platform/application by providing Registration Data while registering on the platform 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.

2.  ABOUT CYGNET INVOICING TOOL

Cygnet Invoicing Tool (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 Invoicing Tool 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 INVOICING TOOL SERVICES

  1.  Cygnet Invoicing Tool hereby grants to the You a limited, non-exclusive, non-transferable, revocable right and license to use the Cygnet Invoicing Tool Services.

  1. You shall follow and adhere with the guidelines relating to Cygnet Invoicing Tool Service if any set out here under or Separate Agreement as may be required accordingly.

4.  IN CONNECTION WITH USING OR ACCESSING THE SERVICES YOU WILL NOT:

  1. breach or circumvent any laws, third-party rights or our systems, policies, or determinations of Your account status;

  2. use Cygnet Invoicing Tool 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 Invoicing Tool Services. If You are minor, i.e. underage of 18 years) You shall not register on the platform.

  3. transfer Your user ID to another party without Cygnet Invoicing Tool’s consent;

  4. distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

  5. distribute viruses or any other technologies that may harm Cygnet Invoicing Tool, or the interests or property of users;

  6. use any robot, spider, scraper, or other automated means to access Cygnet Invoicing Tool Services for any purpose;

  7. bypass Cygnet Invoicing Tool robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;

  8. commercialize any application or any information or software associated with such application;

  9. try to harvest or otherwise collect information about other users without their consent; or

  10.  circumvent any technical measures of Cygnet Invoicing Tool use to provide the Services.

  11. If Cygnet Invoicing Tool believes that You are abusing Services in any way, Cygnet Invoicing Tool 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.

  12. The Agreement will continue to apply until terminated by either You or Cygnet Invoicing Tool 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 Invoicing Tool has made this option available to You.

  13.  You agree that Cygnet Invoicing Tool 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 Invoicing Tool 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 Invoicing Tool, for which monetary damages may be inadequate, and You consent to Cygnet Invoicing Tool obtaining any injunctive or equitable relief that Cygnet Invoicing Tool deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Cygnet Invoicing Tool may have at law or in equity.

5.  USER ACCOUNT, PASSWORD, AND SECURITY:

  1. If You use Cygnet Invoicing Tool 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 Invoicing Tool 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 Invoicing Tool 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 Invoicing Tool 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 Invoicing Tool 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.

  2. 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.

  3. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete) the Cygnet Invoicing Tool 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

  1. 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 Invoicing Tool 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 Invoicing Tool reserves the right to change or modify the Content from time to time at its sole discretion.

  2.  The trademarks, logos and service marks displayed on the Platform and Application (“Marks”) are the property of Cygnet Invoicing Tool. You are not permitted to use the Marks without the prior consent of Cygnet Invoicing Tool.

  3.  Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Cygnet Invoicing Tool owns all Intellectual Property Rights to and into the trademark “Cygnet Invoicing Tool”, 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.

  4. 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 Invoicing Tool.

7. USE OF CYGNET INVOICING TOOL INTELLECTUAL PROPERTY.

Any Cygnet Invoicing Tool 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 Invoicing Tool Intellectual Property;

  • distribute copies of any Cygnet Invoicing Tool Intellectual Property;

  • modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble, or make derivative works or improvements based on any Cygnet Invoicing Tool Intellectual Property;

  • use, rent, loan, sublicense, lease, distribute, or attempt to grant other rights to any Cygnet Invoicing Tool Intellectual Property; or

  • use any Cygnet Invoicing Tool Intellectual Property to act as a consultant, service bureau or application service provider, or to permit remote access to any Cygnet Invoicing Tool 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 laws, Cygnet Invoicing Tool 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.

10.  PRIVACY

  1. Cygnet Invoicing Tool views protection of Your privacy as a very important principle. Cygnet Invoicing Tool understand clearly that You and Your Personal Information is one of Cygnet Invoicing Tool’s most important assets. Cygnet Invoicing Tool stores and processes 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 Invoicing Tool current Privacy Policy is available on its website.

  2. Once You provide Your information to us, Cygnet Invoicing Tool may use such information to provide You various services with respect to Your transaction only.

11.  DISCLAIMER OF WARRANTIES AND LIABILITY

  1. The Platform, the Application, its services, content, and any third party content or services are provided by Cygnet Invoicing Tool on an “as is” basis without any 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 Invoicing Tool 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 all 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 Invoicing Tool or through the Platform / content or from use of the services shall create any warranty not expressly stated in these terms of use.

  2. Notwithstanding anything contrary in the agreement(s), Cygnet Invoicing Tool entire and aggregate liability to You under and in relation to these terms of use or otherwise shall not exceed the preceding twelve months’ fee paid and/or payable by You under this agreement. Further Cygnet Invoicing Tool will have no liability related to user services and / or third-party content or services. Cygnet Invoicing Tool also disclaims all liability with respect to the misuse, loss, modification or unavailability of services or any third-party content or services.

  3. You expressly understand and agree that, to the maximum extent permitted by applicable law Cygnet Invoicing Tool 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 Invoicing Tool has endeavoured to ensure that all the information on the website is correct, but Cygnet Invoicing Tool neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Cygnet Invoicing Tool 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 Invoicing Tool 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 Invoicing Tool‘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 Invoicing Tool accepts no liability for any errors or omissions, with respect to any services provided to You whether on behalf of third parties or itself.

12. INDEMNIFICATION.

  1.  Notwithstanding anything contained in this Agreement, it is hereby clearly understood by the Parties that the Cygnet Invoicing Tool 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 Invoicing Tool Application.

  2. You agree to indemnify, defend and hold harmless Cygnet Invoicing Tool, 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.

  3.  Cygnet Invoicing Tool may notify You of any claims which You shall be liable to indemnify Cygnet Invoicing Tool. You will then be required to consult with Cygnet Invoicing Tool 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 Invoicing Tool without the express prior written consent of Cygnet Invoicing Tool which can be withheld or denied or conditioned by Cygnet Invoicing Tool in its sole discretion.

13. ELECTRONIC COMMUNICATION

When You use the Platform, Application or send emails or other data, information or communication to Cygnet Invoicing Tool, You agree and understand that You are communicating with Cygnet Invoicing Tool through electronic records and You consent to receive communications via electronic records from Cygnet Invoicing Tool may be periodically and as and when required. Cygnet Invoicing Tool 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.

14. MISCELLANEOUS

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 Invoicing Tool prior written consent, Cygnet Invoicing Tool in sole discretion, Cygnet Invoicing Tool may transfer its rights and obligations (also known as “assign”) under this Agreement without Your prior express consent, provided that Cygnet Invoicing Tool 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 Invoicing Tool shall be Mr. Anuj Telli with email address: anuj.telli@cygnetinfotech.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 Invoicing Tool to Cygnet Infotech Pvt Ltd @ Legal Department, at 16, Swastik Society, Nr. Stadium Circle, Navarangpura Ahmedabad 380009 (in the case of Cygnet Invoicing Tool) 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 Invoicing Tool 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 Invoicing Tool and using the Service provided by us. Your continuous use of the Cygnet Invoicing Tool after revising the terms and conditions will be considered as Your acceptance of the said revised terms and conditions.