TERMS AND CONDITIONS POLICY

Please read the following terms and conditions policy carefully before registering, accessing, browsing, downloading, or using any of the platforms (Website) owned and operated by M/S CYPHERSOL FINTECH INDIA PVT. LTD (hereinafter referred to as CYPHERSOL). .

M/S CYPHERSOL FINTECH INDIA PVT. LTD. having their registered office on the 105-107, Shree Raj Enclave Chs ltd, Near Seven Square Academy, Mira Road (East)-401107  has developed a website available at www.cyphersol.co.in named “CYPHERSOL” (hereafter referred to as the “Platform/ Website”). These terms and conditions will be enforceable to the same extent as the terms of a Physical contract and apply to all visitors, users, and others who access or use the services provided by us through our website. Our users (“you”, “your”, “yours”) agree and acknowledge that you have read the terms and conditions set forth below. If you disagree with any part of these terms and conditions or do not wish to be bound by these terms and conditions, you may not access the Services offered by us.

Through our platform, its users expressly agree to available services related to cutting-edge statement analyser software that empowers organizations to extract valuable information from their financial and operational data (‘Services’). Services offered by CYPHERSOL can be used by Tax Consultants, Direct Selling Agents, financiers, and businesses to filter data-driven insights. We offer business partners Safe, Accurate, Fast, and Efficient analysis so they may better serve their clients (“customers/ users”). These terms of use (“Terms and Conditions”) govern how you access and use the Platform, and Services provided by us. Please ensure that you read these Terms carefully as they constitute a binding agreement between you and us. 

 

ACCEPTANCE

• By registering, accessing, browsing, downloading, or otherwise using the website for any general purpose or for the specific purpose of availing any services provided by us using our website, or clicking “I AGREE”, “SUBMIT”, or the like (if provided) indicates your acceptance you certify that you have read, reviewed, understood and agreed to be bound by all the terms and conditions and agree to comply with its terms.
• If you do not want to be bound by these terms and conditions, to the collection and use of your information as set forth in our Privacy Policy, and any other rules or policies available on the Platform, as amended from time to time (collectively referred to as “Website Terms and Conditions Policies”). In the event that the contents of any of our other Policies conflict with these Terms, these Terms shall prevail over the Policies. We may revise these Terms as well as update the Platform from time to time. Your continued use of the Platform following any modifications to the Terms will be deemed as acceptance of the modified Terms and platform. For this reason, you should frequently review these Terms. If you do not agree with any part of these Terms, please stop using the Platform immediately. You are advised to leave the platform accordingly. We only grant use and access to this platform, and its services to those who have accepted its website terms and conditions policies.

 

DEFINITIONS

●       "WE", "OUR" and "US" refer to M/S CYPHERSOL FINTECH INDIA PVT.  our directors, investors, shareholders, officers, employees, affiliates, contractors, agents, licensors, partners, authorized representatives’ importers, or suppliers only.

●       "YOU", "YOUR" and "USER" refer to any non-registered or registered individual or corporate body, or any other user of our platform CYPHERSOL. 

●       “Website” refers to www.cyphersol.co.in, which is registered and owned by M/S CYPHERSOL FINTECH INDIA PVT. LTD.  and used as a medium to inform and communicate with the users of services provided by us.

●       “Services” shall include all services extended/to be extended by CYPHERSOL including but not limited to cutting-edge statement analyzer software that empowers organizations to extract valuable information from their financial and operational data.

●       “Authorisation” means approval of a Transaction by an Issuing Bank.

●       “Account” refers to a bank account in the name of the Payer or Beneficiary maintained with an Issuing Bank or Beneficiary Bank, respectively, and is linked to the UPI ID of the Payer or the Beneficiary, respectively, and is used for a Transaction.   

●       “Transaction” shall mean an electronic financial transaction undertaken using the Services provided by govt. authorized payment operator/ payment gateways or banks.

●       “Processing Mechanism”  refers to the payment mechanism through the internet or such other mode of payment and delivery as may be notified by CYPHERSOL from time to time, including but not limited to Immediate Payment Service (IMPS), National Electronic Funds Transfer (NEFT), Real Time Gross Settlement (RTGS) and/or UPI (defined hereinafter).

●       “UPI" means the Unified Payment Interface, which is a payment system that powers multiple bank accounts into a single payment network of participating banks permitting the merging of several banking features, seamless fund routing & merchant payments into one head.

●       “Terms of use” or “Terms and Conditions” are interchangeably used and shall have the same meaning.

 

ELIGIBILITY

In order to use or access the Platform, you must be competent to enter into a contract under applicable laws. Your continued use of the Platform will mean that you represent and warrant to us that you are competent to enter into a valid and binding contract under applicable laws.

By accessing and using the services of our website you expressly acknowledge and agree that;

●        You a legal person of 18 years of age or above;

●        You are capable of entering into a contract /legally binding agreement;

●        ⦁ You are a practicing Tax consultant, Direct Selling Agents, financiers, or any other professional having qualifications equivalent to or more than the above mentioned.  

●        You, your employees, representatives, and agents accessing our services have the right, authority, and capability to enter into this Agreement abiding by all the provisions of the “terms of use” of our Services.

●        You are not barred or otherwise legally prohibited from accessing or using the services of the CYPHERSOL website under the laws of India.

●        ⦁ You are not impersonating any person or entity, or falsely stating your age or affiliation with any person or entity. 

●        The mandatory information and officially valid document(s) “OVD”/document details mentioned by you are true & correct and belong to You.

●        In the event of any violation of the terms and conditions, we reserve the right to suspend or permanently prevent You from availing of Services or using the website or any other platform owned, operated, or developed by CYPHERSOL.

 

SCOPE 

●        In order to access and use the Platform and services offered by CYPHERSOL, you can either create an account (‘User account’) or proceed as a guest user. To create an Account, you must provide us with the following information which includes but is not limited to your name, phone number, residential address, e-mail ID, or any other detail as required by our portal, which we may choose to authenticate with a one-time password sent on your applied e-mail Id or phone number. 

●        You understand that you will be responsible for maintaining the confidentiality of your Account and details related to it such as your login ID and password and restricting access to your device from where you are using our platform, and you hereby accept responsibility for all the activities that occur on your Account created on our platform. 

●        You understand that when you register to open your User Account or during a financial transaction, you agree to provide certain personal information and personal sensitive information about/related to you which may include without limitation personal information such as name, e-mail address, mobile number, mobile device information, geographical location, passwords, financial information, and other relevant details.

●        You agree that any information you provide will always be accurate, correct, and up to date and some services may require you to share additional information which might include your personal information. Your information management shall be as per our Privacy Policy.

●        You understand that you are solely responsible for any and all information and data that is provided by you and is uploaded via your Account or other means of input on the Platform (including, but not limited to, all personal information and search history).

●        You understand and accept that We reserve the right to terminate your Account without prior notice if you use the Platform in contravention of these Terms, or we cease to provide the Platform or other services therein. The information you provide to us shall be maintained in accordance with our Privacy Policy.

●        You understand that we have granted you a limited, non-exclusive, non-transferable, non-sublicensable, revocable permission to access, and make use of the Platform, service, Information, and Products provided by us.

●        You understand and agree that all Products and services available on our Platform are for your use only and shall not be resold, advertised, marketed, branded, or utilized for any related commercial purposes without our permission. 

●        Your permission is limited to the extent that you have any permission to download, copy, or use the Information made available on the Platform that is related solely to your company or the company of your clients. All rights not expressly granted to you in these Terms are reserved and retained by us. We reserve the right, at our sole discretion and at any time, without notice, to terminate your permission to use the Platform, or Information and prevent your future access to the Platform. You agree to use the website only   

• for purposes that are permitted these Terms;
• for purposes for which the website is meant to be used; and
• in accordance with any applicable laws and regulations. All material added, created, uploaded, submitted, distributed, or entered into the website by you is your sole responsibility. CYPHERSOL reserves the right to review any information provided/data uploaded, if any, by you on the website and delete any information/data that is inconsistent with these Terms. 

●        You further agree to use data provided on our website in accordance with our  Privacy Policy.

• This account allows you to access our website, browse through our Service, and make payments using a debit card, credit card, or net banking collectively known as (‘Payment Gateway Services’) to permissible merchants on our website.
• You would need to register by providing additional information in order to make payment via Unified Payment Interface (“UPI”) and Pre-Paid Instruments (“PPI”) services to make payments to merchants using these modes of payment.
• You Allow us to share and maintain the Know Your Customer “KYC” details and information for underwriting purposes for other financial and non-financial services available on our website.
• Any other financial product/feature that is provided on our website is subject to regulatory provisions and permitted by us.
• UPI Payments (Unified Payment Interface) enabled on the platform allows you to request for transfer or collection of funds and or respond to fund collection requests for any of your Accounts linked to your VPA, through the platform. In case of a collect request received in the platform, the User needs to check the details of the collect request before authorizing the Transaction by entering the UPI PIN in the platform. The availability of UPI Payments also depends on the availability or downtime of UPI services at or systems of, the Issuing Bank and or Beneficiary Bank.   
• PPI (Pre-Paid Instruments) are Payment Instruments issued by authorized bodies by the govt. of India as per Reserve Bank of India (“RBI”) directives. .

 

USE OF WEBSITE

• You understand that availing services offered by us on our platform and your payment gateway merchant using any of our third-party Services in relation our website (e-Wallets, Unified Payment Interface, Payment Gateway), you understand we are a to the contract between you and the Payment Merchant and act only as (IT 2000). Furthermore, we under no obligation to the Third Party’s service used by you; the payment gateway Merchant alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees.
• We use a third- provider, for effecting and processing payments made by electronic means our Platform. The measures employed to secure such payments are the this third-party service provider. For any pertaining to the security measures by your bank, UPI, credit card, or E-Wallet service provider, please contact them directly. We are not responsible or liable any of their data security practices or obligations.
• Any dispute with or complaint against any payment Merchant must be directly resolved you with the payment Merchant. It is clarified that we shall not be responsible or for any deficiency services using an e-payment gateway. You are instructed to satisfy yourself regarding the quality, quantity, and fitness of any service before availing the same.
• You would be solely responsible for payment of any taxes, duties, or other governmental levies or any financial charges that may be imposed on any services purchased by you or otherwise arising from online transactions.
• You agree to receive all commercial messages including transactional messages from us through the processing mechanism. We shall send all customer communications by SMS and/or email and they shall be deemed to have been received by You after they have been submitted for delivery to the SMS/email service providers. We shall not be obligated to verify or make further inquiries into the identity of the sender, or the integrity of any communications. We shall not be responsible for any losses sustained through the use of stolen or hacked devices or fraudulent electronic transactions.
• You agree that in case any amount is transferred erroneously by You to any Merchant, Participating Platforms, or any other person, we shall not be liable to refund such amount to You under any circumstances.
• You understand and agree that, if you know or have reasons to believe that the security of your Account on our platform has been breached, you should contact our customer care support immediately as per the contact information provided below. If we find a security breach or suspected security breach of your Account on our platform, we may require you to change your password, and/or temporarily or permanently block your Account without us incurring any liability.
• You agree to use the Platform at your own risk. The Platform, including any content, and any other information is provided “as is” and, to the fullest extent permitted by law, is provided without warranties of any kind, either express or implied.
• You understand and agree that the Information made available on the Platform or communicated through any other means is curated by us based on publicly available data and information and is general information only. We do not make any representation or assume any responsibility for the accuracy, completeness, appropriateness, or usefulness of such Information. Any reliance placed on the Information provided on our Platform is solely at your own risk. Under no circumstances will we, our directors, investors, shareholders, employees, representatives, or affiliates be liable for such Information or any consequences thereof.
• You understand and agree that we may change or discontinue the services at any time, including their pricing and availability on our Platform solely at our discretion without any prior intimation to you or any user of our platform.

It is advised to all the users of our platform to see all pricing of the services carefully before availing any services on our platform, as all such services and pricing are subject to change at our discretion. Unless otherwise stated, all the prices are exclusive of Goods and Service tax and all other applicable taxes, duties, and cesses (“Taxes”). You shall be responsible for the payment of all Taxes associated with purchases made on the Platform.

 

FEES AND PAYMENTS TERMS

• You understand that in order to provide you with our Services, through our website, we incur various costs (including, but not limited to, costs with respect to operation and maintenance of infrastructure, facilitation of transaction(s)/payments via various modes), You hereby agree that we may charge You a fee(s) (such as platform fee, convenience fee) which will be displayed upfront to you and which shall be over and above the value/amount of the respective transaction/bill payment being made by You.
• By accepting these Terms and Conditions, you expressly authorize us to hold, receive, disburse, and settle funds on your behalf. Such authorization shall permit us to receive Customer Payment Amounts pursuant to a Transaction into a user account (Delivery Versus Payment) to further process each Transaction. We shall process and transfer such payments received by us to the bank account designated by you for this purpose at the time of registration and/or any such account as instructed by you (“Merchant Account”). The authorization provided herein shall remain in full force and effect until specifically terminated.
• By accepting these Terms and Conditions, you also expressly authorize us to hold, receive, and settle funds on your behalf to such other value-added services as may be opted & instructed by you on the permitted use of the application.

 

THIRD-PARTY TERMS AND CONDITIONS

• You agree that web link on the website to a third-party site, platforms, content, services, and or products (collectively called “Third-Party Site”) does not constitute or imply endorsement by, or affiliation with, CYPHERSOL  of that Third-Party Site, including its operator or its contents, services and/or offerings. By using or browsing any such other web link/site, you shall be subject to the terms and conditions each such web link at your own risk. CYPHERSOL does not hold any liability for the information collected from You by third-party website/link or application and We cannot indemnify You for any third-party actions.
• You understand that we may use various third-party data, software, and/or services to run our Platform and enable us to offer you our services. We do not accept any liabilities that may arise from our use of/reliance on such third-party data, software, or services. Any such liability if arises shall be solely borne by the appropriate third party only.

 

COMMUNICATION

By accepting the terms and conditions, you accept the following;

• We may communicate with you on the contact information that you may have provided to Us during the course of your engagement, including but not limited to signup, transacting, or availing any third-party products or services on our website.
• We will make our best efforts to provide communication alerts via emails or SMS or push notifications or other progressive technology.
• You also agree that there can be disruption in communications due to factors that are not under Our control, including but not limited to Your Phone being switched off, incorrect email address, and network interruptions.
• You agree not to hold us liable for non-delivery for any alert or any loss suffered by you due to delay distortion or failure of communication.
• You further acknowledge that you are responsible for the information and contact details shared with Us and shall update us on any change in your contact details.
• You authorize Us to contact you and communicate with you for any of our Services. We may use third-party service providers to send alerts or communicate with you.
• You authorize our website to override the DND settings to reach out to you over calls, SMS, emails, and any other mode of communication.

 

INTELLECTUAL PROPERTY RIGHTS

• You agree that all materials, products, and services provided on the website including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights and are the property of CYPHERSOL and its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You further agree that you will not reproduce, republish, upload, post, transmit, distribute, or redistribute our intellectual property in any way, including electronic, digital, or new trademark registrations.
• All those Intellectual Property rights arising as a result of domain names, the internet, or any other right available under applicable law shall vest in the domain of our website as the owner of such domain name. You agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession, and Our control or control of our licensors as the case may be.
• All rights, interests, and titles in the services offered, Information, and the Platform itself, its layout, trademarks, copyrights, content, information, images, illustrations, graphics, video clips, text, databases, utility models, underlying technology, firmware, software, know-how, designs, ideas, discoveries, inventions, improvements, underlying codes, and algorithm, mask works, moral rights, trade secrets, database rights patent, rights of publicity, trademarks, service marks, logos and designs, data analysis, data models, data sets, formulae and processes, and any upgrades, fixes, improvements or modifications thereto (“Intellectual Property”), vests with us or our associates unconditionally and constitutes our exclusive Intellectual Property.
• You understand that without the prior written consent of the owner, modification of the materials, use of the materials on any other platform or networked computer environment, or use of the materials for any purpose other than personal including but not limited to duplication, distribution, create a derivative of works, display, extraction of the source code of the Platform, translating the Platform, or any other non-commercial or commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. You may not use or display any such trademarks, service marks, logos, trade names, or designs owned by CYPHERSOL or its third-party licensors without prior written consent. In the event that you create any derivative works using our Intellectual Property without our explicit written permission then we shall have all ownership and beneficial rights in such derivative work free of charge.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless CYPHERSOL its affiliates, employees, officers, directors, owners, licensee, and partners from and against all actions, claims, liabilities, damages, losses, costs, expenses, or fees including without limitation legal fees and expenses, arising out of, or in connection with;

●       Your breach of this Terms of Use, Privacy Policy, and other Policies, or

●       Your violation of any applicable law, rules, or regulations or the rights including but not limited to intellectual property rights, payment of statutory dues and taxes, fraudulent transactions, or other rights.

●       any negligence by you or any of your agents, employees, licensees, contractors, or Customers;

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us. This clause shall survive the expiry or termination of these Terms.

 

LIMITATION OF LIABILITY

• In no event will CYPHERSOL or our directors, officers, employees, affiliates, contractors, agents, licensors, partners, importers, or suppliers be liable for any indirect, consequential, incidental, special, or punitive damages, including without limitation damages for loss of business opportunities, loss of profits or revenues, business interruption, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising out of or relating to this agreement, use of or inability to use the Services or any reference application/website/link, however, caused and whether arising in contract, tort, negligence, warranty or otherwise, exceed the amount paid by You, if any, for using the Services through website giving rise to the cause of action or beyond or in excess Rs. 1,000/- (One Thousand Rupees) whichever is less.
• Subject to the maximum extent permitted by law, we shall not be responsible for any direct, indirect, special, incidental, or consequential loss, injury, or damages resulting from breach of any warranty, guarantee, or any other condition under any other legal theory including loss of revenue, loss of profits, loss of reputation or goodwill arising from the use of the Products offered by us through our platform.
• Under no circumstances will we, our directors, investors, shareholders, employees, representatives, or affiliates be liable for such Information or any consequences thereof.

 

RESTRICTIONS AND USE

• You take complete responsibility for any information that you upload, post, email, or otherwise make available to us on the Platform for any purpose, including but not limited to Product reviews, and we do not assume any responsibility for such information.
• You agree and undertake that by using the Platform (any/ all the platforms owned and operated by us) you shall not engage in or encourage or assist others to:

• Use the Platform or any content for any purpose or in any manner that is illegal or prohibited by these Terms or under any applicable laws;
• Use the Platform for any harmful or nefarious purpose;
• Use the Platform in order to cause any kind of damage to us in any form or manner whatsoever;
• Spam or defraud any users of the Platform or any potential users thereof;
• Impersonate any person or entity on the Platform;
• Be disrespectful or unkind while interacting or communicating with any of our representatives;
• Use the Platform or any content thereof in any manner that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark, or other intellectual property or contractual rights;
• Use the Platform in any manner that may amount to hate speech, threatening, sexually explicit or pornographic, incites violence, or contains nudity or graphic or gratuitous violence;
• Use the Platform in any manner that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
• Solicit passwords for any purpose, or personal information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
• Use another user’s account, or share an account with another user;
• Create another account if we have already terminated your account unless you have our permission;
• Use the Platform or the content thereof immediately for any commercial purposes, except as provided for under these Terms, without our written consent;
• Copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Platform, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, product images, greeting cards, other merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, incorporate into any hardware or software application, use for commercial or non-commercial purposes, or otherwise use or exploit the Platform and/or content thereof in any manner that is not permitted under these Terms;
• Express or imply that any statements you make are endorsed by us. If you do or attempt any such acts, we may terminate your use of the Platform. We may also report such actions to the appropriate law enforcement authorities and commence legal proceedings against you.

 

TERMINATION

• You agree that CYPHERSOL at its sole discretion may terminate, suspend, restrict, or modify your user account, registration with, or access to all parts of the website, without prior notice, at any time and for any reason. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities We determine that You have violated the terms of use and You agree that in case we suffer losses, not limited to monetary losses, due to Your actions, we can take injunctive relief or any other legal action as deemed necessary within the said circumstances and we are not liable for any loss to You due to termination. Upon termination for any reason, you agree to delete or deactivate the User account and immediately stop using our website.
• You understand that these Terms will be effective until terminated by us or you. We reserve the right, at any time, to:

• discontinue or modify any aspect of the Platform or products;
• terminate these Terms and your use of the Platform, Products with or without cause;

 

FORCE MAJEURE

The term "force majeure" as used herein means acts of God, acts of government, acts of terrorism, strikes, lockouts, or other industrial disturbances, acts of a public enemy, blockades, wars, insurrections, or riots, terrorism, epidemics, landslides, fires, storms, floods, explosions, technological failures, breaches, hacks, system vulnerabilities or incompatibilities, or other similar causes beyond the control of such party. Notwithstanding anything to the contrary contained herein, CYPHERSOL shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control.

 

MODIFICATION TO THESE TERMS AND CONDITIONS

• Our Terms and Conditions Policy is subject to change from time to time without notice. We may change, modify, remove, or add to these terms and conditions at our sole discretion, at any time without providing prior notice to you. It is strongly recommended that you periodically review our terms and conditions and keep yourself updated with any changes or modifications made herein as available on the Website.
• Your continued use of the website and the Features following notice of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

• You shall be deemed to have accepted our changed, revised, or modified Terms and conditions if you continue to use our website or avail of our Services post changes, revision, or modification in this policy, and the last changed, revised, or modified Privacy Policy shall be applicable to you.

MISCELLANEOUS

●       Assignment-You shall not assign or transfer any right or obligation that may have accrued to you under these Terms, and any attempt to do so shall be null and void. At our sole discretion, we may assign or transfer any right or obligation that has accrued in our favor, without any restriction.

●       Waiver-Unless otherwise expressly stated, any delay in our exercising any rights or remedies arising out of these Terms shall not constitute a waiver of rights or remedies and no single or partial exercise of any rights or remedies hereunder, shall prevent any further exercise of rights or remedies by us.

●       Severability-If any of these Terms is held to be illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any such provision held to be invalid, illegal, or unenforceable shall be substituted by a provision of similar import reflecting the original intent of the parties to the extent permissible under applicable laws.

DISPUTE, GOVERNING LAW, AND JURISDICTION

• These Terms and Conditions shall be governed by and construed in accordance with the laws of INDIA.
• All dispute, controversy, or claim in relation to any Services provided by us on our website, including any question regarding the existence, validity, or termination of these terms and conditions (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably.
• You agree that any claim or dispute You may have against CYPHERSOL must be resolved by a court having jurisdiction at the registered place to operations of CYPHERSOL. . 
• The appropriate courts and forums having jurisdiction in the registered place to operations of CYPHERSOL shall have exclusive jurisdiction in any proceedings arising out of the use of the website and these Terms. CYPHERSOL may, however, in its absolute discretion commence any legal action or proceedings arising out of these Terms in any other court, tribunal, or another appropriate forum, and you hereby consent to that jurisdiction.

CONTACTING US

If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may send an email to [email protected].