The domain name https://cytozon.com/ and its related sub-domains, sites, services and tools collectively (“Website” or “Portal”) is owned and managed by CYTOZON TECHNOLOGIES PRIVATE LIMITED, a company incorporated under the Companies Act, 2013 (hereinafter referred as “Company”, “cytozon” “We”, “Us” or “Our”).
Your access or use of this Portal, any transactions undertaken, and any services availed through the Portal are governed by the terms of use provided herein (the “Terms”). Alongside, our privacy policy forms an integral part of the Terms. The Terms are intended to create a binding contract between you and cytozon.
You are required to express your consent to these Terms before you access or use the Portal, directly or indirectly through social media Portals like Facebook, Twitter, Google+ and other similar social forums (the “Social Media”).
We reserve the right to amend the Terms herein, in whole or in part, from time to time and provide notice to you upon such amendment. Your continued use of the Portal, post any update to the Terms would mean your acceptance. If you do not agree to such amendments, you must contact us at info@cytozon.com (The amended Terms shall be made available on the Portal promptly, and hence, you are required to review the Terms periodically to keep yourself aware and up to date.
PLEASE READ THE TERMS OF USE AND REFERRED POLICIES CAREFULLY BEFORE YOU CONTINUE USING PORTAL IN ANY MANNER. YOUR CONSENT IS REQUIRED TO THESE TERMS OF USE, WHICH UPON CONSENT WILL BE A BINDING CONTRACT BETWEEN YOU AND CYTOZON TECHNOLOGIES PRIVATE LIMITED. IF YOU DO NOT WISH TO CONSENT, YOU ARE ADVISED NOT TO USE THE PORTAL. IF YOU DO NOT CONSENT BUT CONTINUE TO USE THE PORTAL, AN IMPLIED CONSENT SHALL BE INFERRED FROM YOUR ACTION OF USING THE PORTAL.
I UNDERSTAND THAT THE TERMS OF USE AND THE PRIVACY POLICY GOVERN MY USE AND/OR ACCESS OF THE PORTAL AS A LAWFUL CONTRACT, BINDING AND ENFORCEABLE ON ME, AND I HEREBY ACCEPT AND CONSENT TO BE GOVERNED BY THESE TERMS OF USE.
In order to access, use, browse, view or perform any activities on the Portal, you must be above 18 years of age, and competent to contract in terms of the Indian Contract Act, 1872. By accessing, using, browsing, or performing any other activity on the Portal, you hereby agree and represent that you are of a legal age and competent to enter into a contract under the Indian Contracts Act, 1872 or you have the permission of your parent and/or guardian to do so.
You are responsible for all activities that occur by you on the Portal and consequence thereof. If there is reason to believe that there is likely to be breach of security or misuse or breach of your privacy, we have the right to suspend your services/request for services without any liability for such duration as we deem fit.
You undertake that you will provide accurate and complete information for registration, maintain and promptly update your information, maintain security of your account, and promptly write to us if you anticipate or become aware of a security breach.
You may access the Portal and avail some Services (as defined below) using Social Media accounts, in which case these Terms along with terms of use and privacy policy of respective Social Media shall also be applicable to you. Further, we shall not be responsible for any kind of transmission, publication of any of your information on any such Social Media.
Third parties referred above who are providing services using Portal are hereinafter referred to as “Third Party Service Providers”.
You understand and agree that cytozon apart from providing certain services on its own, it is merely providing hosting and intermediary services from certain third parties. Except as otherwise provided in these Terms, we have no control over the accuracy, sufficiency, fitness, professionalism, competency and quality of services provided by Third Party Service Providers, which at all times be the sole responsibility of the Third Party Service Providers. They are solely responsible for obtaining necessary permits, providing correct information about themselves and services offered on the Portal, maintaining resources and infrastructure required, comply with applicable laws, and perform the offered Services upon conclusion of a transaction. You agree that we shall have no liability on this count.
We act as a technology enabled service provider and as such when you avail Services from Third Party Service Providers, you agree that a separate contractual relationship is created between you and such Third Party Service Provider. Such contract by conduct does not supersede the Terms contained herein as the same is enabled through the Portal, and will apply to you as well as the Third Party Service Provider. We do not make any representation or warranty, express or implied for the Services provided by Third Party Service Provider, and are not responsible for non-performance of deficient performance of Services.
Listing of the Services on the Portal is an invitation to an offer for sale. When you choose to avail a Service, it constitutes an offer from your end to enter into a contract with Third Party Service Provider as and when applicable. Thereafter, the Third Party Service Provider must accept your offer for the transaction to proceed further. For this acceptance, Third Party Service Provider will abide by its own internal processes and applicable law. Until such time, there is no contract between you and the Third Party Service Provider. Reference to “offer for sale” or “offer and sale” in these Terms will only mean “invitation to an offer”. No liability can be ascribed to cytozon for refusal by the Third Party Service Provider to enter into a contract with you.
When you avail the Services or access/use the Portal, we may need to access your specific data including personal data, identity information, contacts, device ID, payment details, financial, etc. Information provided by you during the registration process and thereafter, helps rendering of Services, offer relevant content, customer service and network management, and all such information shall be used and accessed as per the terms of our Privacy Policy. We store personal information including sensitive personal information such as your health and financial information by employing adequate security measures as required under applicable law.
Your personal information supplied to us while using the Portal or availing the Services shall be used by us in accordance with our Privacy Policy. You must review our Privacy Policy which forms an integral part of these Terms before you continue to use or access the Portal.
We may charge a subscription or facilitation fee for services delivered by us through the Portal, which must be paid online through the payment facility on the Portal or as mutually agreed between us from time to time. These fees are non-refundable.
Any payment made for availing services must be in Indian Rupees.
You understand and agree that the payment facility provided on the Portal is not banking or financial service, and cytozon is merely a facilitator to provide an online payment facility for the transaction on the Portal using existing third parties such as authorized banking infrastructure, credit card payment gateway networks, wallets, etc.
For Third Party Services, we shall collect payment for the services rendered to you and all such fees and payments are exclusive of applicable taxes, and you and the Third Party Service Provider shall be solely responsible for payment, legal compliances, and reporting under applicable law. We are not responsible for those taxes which are your legal obligation.
You agree that you have reviewed and understood the Terms including the Privacy Policy and refund and return policy and expressly consented to the terms therein;
all information provided by you is true, accurate and complete in all aspects;
you will not allow any third party to use the Portal or Services in any manner on your behalf;
you will immediately notify us of any unauthorized use of the Portal by any person using your device or your details or any other breach of security;
you shall not use the Portal to use or share any information on the Portal that:
you are accessing and using the Portal and/or the Services at your sole risk and are using your best and prudent judgment before accessing and using the Services and/or the Portal;
the terms of agreement with your respective mobile network provider or internet service provider shall apply while accessing the Portal; as a result of this, you may be charged by the concerned mobile network provider or internet service provider for using network connection, and you agree to pay such charges, as applicable, when you access the Portal;
we may update, revise, modify, delete, amend, or withdraw any feature, content, options, page, data hosted on the Portal without any prior notification to you, and you hereby consent to the same;
you are availing the Services with your free consent and with full knowledge of the inherent limitations;
you have consented with your free will and with all information that your personal information will be shared with third parties, which consent also allows transfer and storage of your sensitive personal information outside the country.
All content and materials, including, but not limited to description of Services, images, text, illustrations, designs, icons, photographs, names, logos, design marks, slogans, programs, software, music clips or downloads, video clips and written and other proprietary information (including page layout, or form) that are part of the Portal (the “Content”) are intended solely for personal, non-commercial use.
The Content is provided by us and you acknowledge that we and/or our affiliates and Third Party Service Providers are the sole and absolute owners of any proprietary right in the Content; and except as expressly authorized in these Terms, you shall not use, access, distribute, modify, copy, transmit, display, reproduce, license, create derivative works from, transfer, reverse engineer, or deal otherwise with the Content.
Any attempt to decompile, or reverse engineer, or to remove any proprietary declarations such as copyright, trademark from the Content, is strictly prohibited and will be considered as unauthorized use of the Content resulting in deregistration and debarment from accessing the Portal.
We will use reasonable efforts to make the Portal available at all times.
However, you acknowledge that the Portal and/or the Services may not be available due to reasons outside our control such as, without limitation, while under maintenance, limited internet or connectivity due to the services rendered by mobile service provider, etc. In such an event, you shall not hold us liable, including but not limited for any direct or indirect loss.
We shall have proprietary rights over any review, comment, feedback, suggestion, complaint and other submission disclosed and submitted by you on the Portal (except any personal information), or otherwise disclosed and submitted in relation to the Services on any media including Social Media (the “Feedback”); and we shall have worldwide rights, titles and interests in all copyrights and other intellectual properties in such Feedback.
You expressly assign all proprietary rights including copyright in Feedback to us without any limitation and restriction as to use or ownership, without payment of any compensation. Thus, we shall exclusively own all such rights and titles, and use, reproduce, disclose, modify, adapt, create derivative works from, monitor, remove, edit, delete, publish, share in the Feedback and shall be entitled to use such Feedback in any way, commercial or otherwise.
You agree that we are under no obligation to maintain confidentiality of any Feedback, to respond to any Feedback, nor shall your Feedback cause violate the Terms or any right of any third party (including copyright, trademark, privacy or other personal or proprietary right(s)) and not cause injury to any person or entity.
The Services provided on the Portal are provided on “as is” and “as available” basis. We do not make any representation or warranties in respect of the Third Party Service Provider or the intermediary services or the Portal whatsoever, and absolutely none for the Services provided by Third Party Service Providers.
In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from the use or the inability to use the Portal and/or the Services and/or the Content;
unauthorized access to or alteration of your transmissions or data;
any unauthorized, indecent, defamatory, false, seditious content uploaded or posted by anybody else, including audio-visual content infringing any third party’s intellectual property rights;
any non-performance of deficit performance of Services provided or availed by you from Third Party Service Provider;
any consequence which is not caused by any action or omission on our part.
This will survive termination of these Terms.
You agree to indemnify and hold us and (as applicable) our affiliates, partner organizations, officers, directors, agents, and employees, harmless from all losses, liabilities, claims, demands or expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon), asserted against or incurred by us that arise out of, as a result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms, your violation of any law, or violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of these Terms. Accordingly, we hereby disclaim any warranties of Services or otherwise provided by the Third Party Service Providers and any issues of deficiency of Services of Third Party Service Providers shall be taken up by you directly with the Third Party Service Provider.
We reserve the right to suspend or terminate your access and use of the Portal, or any Service if we believe, in our sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
If we terminate access to the Portal, or any Service, we may, at our sole discretion, delete any and all of your content or other related data, information and materials and we will have no liability to you or any third party for doing so.
The present Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. All disputes shall be decided by mediation under the courts of Chennai High Court. If the parties fail to mediate within 3 months from the date of a dispute as notified by a party in writing to the other, the dispute shall be adjudicated by competent courts in Chennai, Tamil Nadu, India.
In case of non-compliance of these Terms, we reserve the right to take necessary action including but not limiting to termination of the Terms, and appropriate legal actions. Our failure to enforce any right or provision under these Terms will not be considered as waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining clauses of these Terms will continue to be binding and remain in effect. These Terms constitute the entire agreement between you and us regarding use of the Portal and the Services, and supersede and replace any prior agreements we might have with you.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Chandra Sekhar
Address: #179, Kothari Nagar, Singanallur,
Coimbatore - 641 005. INDIA
E-mail: info@cytozon.com
If you have any questions about these Terms, please contact us at info@cytozon.com or write to us at #179, Kothari Nagar, Singanallur, Coimbatore - 641 005. INDIA