Terms & Conditions

Terms & Conditions

Updated at 2024-03-19


General Terms

By accessing and placing an order with , customer confirm that customer are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other type of communication between customer and CyberNX.

Under no circumstances shall team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if team or an authorized representative has been advised of the possibility of such damages. If customer's use of information from this site results in the need for servicing, repair or correction of equipment or data, customer may assume any costs thereof, And CyberNX will not be responsible for any outcome that may occur during the course of usage from our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.


License

CyberNX Technologies Pvt Ltd grants customer a revocable, non-exclusive, non- transferable, limited license to download, install and use our service strictly in accordance with the terms of this Agreement.

These Terms & Conditions are a contract between customer and CyberNX Technologies Pvt Ltd (referred to in these Terms & Conditions as "CyberNX Technologies Pvt Ltd", "us", "we" or "our"), the provider of the CyberNX Technologies Pvt Ltd website and the services accessible from the CyberNX Technologies Pvt Ltd website (which are collectively referred to in these Terms & Conditions as the "CyberNX Technologies Pvt Ltd Service").

Customer are agreeing to be bound by these Terms & Conditions. If customer do not agree to these Terms & Conditions, please do not use the Service. In these Terms & Conditions, "customer" refers both to customer as an individual and to the entity customer represents. If customer violate any of these Terms & Conditions, we reserve the right to cancel customer's account or block access to customer's account without prior notice.


Definitions and key terms

For this Terms & Conditions:


  • Cookie: small amount of data generated by a website and saved by customer's web browser. It is used to identify customer's browser, provide analytics, remember information about customer such as customer's language preference or login information.
  • Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to CyberNX Technologies Pvt Ltd, Mumbai, Maharashtra that is responsible for customer's information under this Privacy Policy.
  • Country: where CyberNX Technologies Pvt Ltd or the owners/founders of CyberNX Technologies Pvt Ltd are based, in this case it is India.
  • Customer: refers to the company, organization or person that signs up to use the CyberNX Technologies Pvt Ltd Service to manage the relationships with customer's-consumers or service users.
  • Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit CyberNX Technologies Pvt Ltd and use the services.
  • IP address: Every device connected to the Internet is assigned a number known as an Internet protocol (IP) address. These numbers are usually assigned in geographical blocks. An IP address can often be used to identify the location from which a device is connecting to the Internet.
  • Personnel: refers to those individuals who are employed by CyberNX Technologies Pvt Ltd or are under contract to perform a service on behalf of one of the parties.
  • Personal Data: any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
  • Service: refers to the service provided by CyberNX Technologies Pvt Ltd as described in the relative terms (if available) and on this platform.
  • Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest customer.
  • Website: CyberNX Technologies Pvt Ltd’s site, which can be accessed via this URL: https://www.cybernx.com/.
  • Customer: a person or entity that is registered with CyberNX Technologies Pvt Ltd to use the Services.


Restrictions

customer agree not to, and customer will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the service or make the platform available to any third party.
  • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the service.
  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of or its affiliates, partners, suppliers or the licensors of the service.


Payment

If customer register to any of our recurring payment plans, customer agree to pay all fees or charges to customer's account for the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Unless otherwise indicated in an order form, customer must provide us with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to signing up for the Premium plan. customer's Payment Provider agreement governs customer's use of the designated credit card account, and customer must refer to that agreement and not these Terms to determine customer's rights and liabilities with respect to Customer's Payment Provider. By providing us with customer's credit card number and associated payment information, customer agree that we are authorized to verify information immediately, and subsequently invoice customer's account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. customer agree to immediately notify us of any change in customer's billing address or the credit card used for payment hereunder. We reserve the right at any time to change its prices and billing methods, either immediately upon posting on our Site or by e-mail delivery to customer's organization’s administrator(s). Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by customer. No contract will exist between customer and us for the Service until we accept customer's order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication. customer is responsible for any third-party fees that customer may incur when using the Service.

Customer's Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by customer to us with respect to the service shall remain the sole and exclusive property of us. We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to customer.


Customer's Consent

We've updated our Terms & Conditions to provide customer with complete transparency into what is being set when customer visit our site and how it's being used. By using our service, registering an account, or making a purchase, customer hereby consent to our Terms & Conditions.


Links to Other Websites

Our service may contain links to other websites that are not operated by Us. If customer click on a third party link, customer will be directed to that third party's site. We strongly advise customer to review the Terms & Conditions of every site customer visit. We have no control over and assume no responsibility for the content, Terms & Conditions or practices of any third party sites or services.


Cookies

We use "Cookies" to identify the areas of our website that customer have visited. A Cookie is a small piece of data stored on customer's computer or mobile device by customer's web browser. We use Cookies to enhance the performance and functionality of our service but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or customer would be required to enter customer's login details every time customer visit our platform as we would not be able to remember that customer had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if customer disable Cookies, customer may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.


Changes To Our Terms & Conditions

Customer acknowledge and agree that we may stop (permanently or temporarily) providing the Service (or any features within the Service) to customer or to users generally at our sole discretion, without prior notice to customer. Customer may stop using the Service at any time. Customer do not need to specifically inform us when customer stop using the Service. customer acknowledge and agree that if we disable access to customer's account, customer may be prevented from accessing the Service, customer's account details or any files or other materials which is contained in customer's account. If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.


Modifications to Our service

We reserve the right to modify, suspend or discontinue, temporarily or permanently, any service which we provide to customers, with or without notice and without liability to customer.


Updates to Our service

We may from time to time provide enhancements or improvements to the features/ functionality of the service, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the service. Customer agree that we have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the service to customer. Customer further agree that all Updates will be (i) deemed to constitute an integral part of the service, and (ii) subject to the terms and conditions of this Agreement.


Third-Party Services

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third- Party Services"). Customer acknowledge and agree that we shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and shall not have any liability or responsibility to customer or any other person or entity for any Third-Party Services. Third-Party Services and links therefor are provided solely as a convenience to customer and customer access and use them entirely at customer's own risk and subject to such third parties' terms and conditions.


Term and Termination

This Agreement shall remain in effect until terminated by customer or us. We may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from us, in the event that customer fail to comply with any provision of this Agreement. customer may also terminate this Agreement by deleting the service and all copies thereof from customer's computer. Upon termination of this Agreement, customer shall cease all use of the service and delete all copies of the service from customer's computer. Termination of this Agreement will not limit any of our rights or remedies at law or in equity in case of breach by customer (during the term of this Agreement) of any of customer's obligations under the present Agreement.


Term and Termination

If customer is a copyright owner or such owner’s agent and believe any material from us constitutes an infringement on customer's copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) customer's contact information, including customer's address, telephone number, and an email; (d) a statement by customer that customer have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury customer are authorized to act on behalf of the owner.


Indemnification

Customer agree to indemnify and hold us and our parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of customer's: (a) use of the service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.


No Warranties

The service is provided to customer "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we, on our own behalf and on behalf of our affiliates and our respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non- infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and makes no representation of any kind that the service will meet customer's requirements, achieve any intended results, be compatible or work with any other software, websites, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither us nor any provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service, or the information, content, and materials or products included thereon; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the content, or e-mails sent from or on behalf of us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to customer.


Limitation of Liability

Notwithstanding any damages that customer might incur, the entire liability of us and any of our suppliers under any provision of this Agreement and customer's exclusive remedy for all of the foregoing shall be limited to the amount actually paid by customer for the service. To the maximum extent permitted by applicable law, in no event shall we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of this Agreement), even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to customer.


Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by us on the Services, shall constitute the entire agreement between customer and us concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. customer AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.


Amendments to this Agreement

We reserve the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our service after any revisions become effective, customer agree to be bound by the revised terms. If customer do not agree to the new terms, customer are no longer authorized to use our service.


Entire Agreement

The Agreement constitutes the entire agreement between customer and us regarding customer's use of the service and supersedes all prior and contemporaneous written or oral agreements between customer and us. customer may be subject to additional terms and conditions that apply when customer use or purchase other services from us, which we will provide to customer at the time of such use or purchase.


Updates to Our Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify customer (for example, through our Service) before we make changes to these Terms and give customer an opportunity to review them before they go into effect. Then, if customer continue to use the Service, customer will be bound by the updated Terms. If customer do not want to agree to these or any updated Terms, customer can delete customer's account.


Intellectual Property

Our platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, its licensors or other providers of such material and are protected by and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of us, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.


Agreement to Arbitrate

This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF customer's OR ’s INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between customer and us concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.


Notice of Dispute

In the event of a dispute, customer or us must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. customer must send any Notice of Dispute via email to: . We will send any Notice of Dispute to customer by mail to customer's address if we have it, or otherwise to customer's email address. customer and us will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, customer or us may commence arbitration.


Binding Arbitration

If customer and us don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. customer are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.


Submissions and Privacy

In the event that customer submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, customer expressly agree that such submissions will automatically be treated as non- confidential and non-proprietary and will become the sole property of us without any compensation or credit to customer whatsoever. We and our affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.


Promotions

We may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require customer to submit material or information concerning customer'sself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. customer are responsible to read all Promotions rules to determine whether or not customer are eligible to participate. If customer enter any Promotion, customer agree to abide by and to comply with all Promotions Rules. Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.


Typographical Errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/ or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and customer's credit card charged. If customer's credit card has already been charged for the purchase and customer's order is canceled, we shall immediately issue a credit to customer's credit card account or other payment account in the amount of the charge.


Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of us. We will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by customer. We operate and control our Service from our offices in . The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access our Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate our Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between customer and us concerning its subject matter, and cannot be changed or modified by customer. The section headings used in this Agreement are for convenience only and will not be given any legal import.


Disclaimer

We are not responsible for any content, code or any other imprecision. We do not provide warranties or guarantees. In no event shall we be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. We reserve the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

Our Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. We are a distributor and not a publisher of the content supplied by third parties; as such, our exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via our Service. Without limiting the foregoing, We specifically disclaim all warranties and representations in any content transmitted on or in connection with our Service or on sites that may appear as links on our Service, or in the products provided as a part of, or otherwise in connection with, our Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by us or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, we do not warrant that our Service will be uninterrupted, uncorrupted, timely, or error-free.

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