Obligations
It will be your responsibility to ensure the security and confidentiality of usernames and passwords which will be used to access this website. Any breach, compromise or unauthorized use should be immediately notified to CybroERP.
Following things should be observed while accessing the website:
The security or integrity of the computing system, network and the website of the CybroERP must not be compromised in any way.
Must not use or abuse the Website in any way that will adversely impact the functionality of the website or the ability of any user to use the website
Any type of activity resulting in unauthorized access to the computer system on server of the website or to any materials other than those to which access or permission has been granted will amount toa violation or a breach.
Any type of act resulting in transmission of files, contents that may be offensive, materials, data in violation of any laws (included materials protected by copyright or trade secrets which restricts the right to use it) in the website, damaging any other person’s computing devices or software will be amount to a violation or a breach.
Any act resulting in modifying, copying, adapting, reproducing, disassembling, decompiling or reverse engineering the website, except as is strictly necessary to use for formal operation will be regarded as a violation or a breach.
The website should be accessed manually. Any act resulting into usage of automated agents, software other than the search engine to view the website is forbidden
CybroERP gives you the right to access and use the website as per the role granted to you in your subscription. It cannot be transferred without the permission of CybroERP.
The subscriber determines who is an invited user and what level of access does that invited user has
The Subscriber is responsible for all Invited Users’ use of the Service
The Subscriber controls each Invited User’s level of access to the relevant organization and Service at all times and can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be.
If there is any dispute between a Subscriber and an Invited User regarding access to any organization or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.
your use of automated bank account feeds enabled by The Yodeled data gathering service (Yodeled service) from within the service is subject to the Yodeled terms of use
If you use any communication tools available through the Website e.g. Blogs, support portal, message center, you agree to use such communication tools for lawful and legitimate purposes only. You must not use these tools to post offensive content, any material in violation of intellectual property rights or any offers of goods or services for sale. CybroERP reserves the right to remove any communication at any time in its sole discretion
Indemnity:
you indemnify CybroERP against all claims, costs, damage and loss arising from your breach of any of these Terms or any obligation you may have to CybroERP , including but not limited to any costs relating to the recovery of any subscription fees that have not been paid by you.
your use of any information or materials on this Website is entirely at your own risk, for which CybroERP shall not be liable. It shall be your responsibility to ensure that the Website, its products, services and information, meet your specific requirements.
Intellectual Property Rights
The Intellectual Property Rights in all the constituents comprising the website including the structure, design &layout including graphical images along with the applied source codes vests with CybroERP.
It is recognized that all the Intellectual Property Rights of CybroERP portal and the website shall vest with CybroERP, unless otherwise agreed between the parties in writing.
A royalty- free, perpetual, irrevocable, non-exclusive right and license is granted to CybroERP to use, reproduce, modify, adapt, publish, translate, create, derivative work from, distribute, communicate, perform and display the content, in whole or in part, worldwide and to incorporate it in other works in any form, media or technology knows or later developed for full term of any rights that may exist by submitting any blogs, messages boards or forums of CybroERP in public areas. The Content is free to access, display, view, store and reproduce for personal use by any subscriber.
you shall not provide any content to us that does not belong to you or if you do not have the intellectual property rights for that content.
Building a copy of our data will be a breach of our intellectual property.
Disclaimer of Warranties
you acknowledge that:
you are authorized to access and use the Website.
If you are using the website on behalf of any organization, you would still be liable for your actions along with the organization for any breach of terms.
The provision of, access to, and use of, the Website is on an “as is, where is” basis and at your own risk.
It is not guaranteed that the website will be error free. CybroERP will not be responsible for any disruptions caused due to any applications, gadgets including internet services used by yourself to access the website.
Service availability: CybroERP intends to keep the Services up and running 24 hours a day, seven days a week but does not guarantee this. CybroERP will not accept any liability in case of unavailability of the Service
you are advised to get in touch with a qualified accountant for any accounting advice. CybroERP does not act as your personal accountant.
It is your sole responsibility to determine that the Website meets the needs of your business.
CybroERP gives no warranty about the Website. Without limiting the foregoing, CybroERP does not guarantee that the Website will meet your requirements or that it will be suitable for your purposes. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law including, without limitation, warranties of merchantability, fitness for purpose, title and non-infringement.
you warrant and represent that you are acquiring the right to access and use the Website and agreeing to these Terms for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Website or these Terms.
Application Performance
CybroERP denies all liability for the timely operation of the Website when used within an Internet environment, where you or a third party is providing the computer equipment upon which the product is to reside or depend upon for any part of its functionality.
By accepting these Terms you confirm your understanding that the timely operation of the Internet and the World Wide Web is governed by constraints beyond the control of CybroERP. You accept that CybroERP is not liable for the perceived slow operation of the Website.
Subscriptions
CybroERP may offer a 30-day free trial which will determine whether the website is Suitable for the purpose.
Subscription Fees automatically recur either monthly or annually depending on your subscription package. Subscription Fees begin on your first payment date and are payable in advance of each subscription period. Different Subscription Fees may include access to different Services.
your subscription is activated by providing the information required on the payments order form. You will pay CybroERP or CybroERP’ distributor (as directed by CybroERP) the charge for the Subscription Fees by credit/debit card at the time of order.
CybroERP have a Nonrefundable policy for any termination of contract.
CybroERP have the right to terminate your services anytime. When a contract is terminated no further payments will be charged by CybroERP.
All the outstanding payments need to be cleared before terminating the contract with CybroERP.
CybroERP will not accept any instructions on your behalf to terminate the contract. You have to apply in writing to terminate the services provided.
Termination & Remedies for breach of these Terms by you
CybroERP reserves the right to cancel your contract or restrict your access to the website without any prior notice in any unlikely event of a breach of this contract.
In case of any legal dispute CybroERP shall be entitled to share your user details Or identity if requested by the court or any other law enforcement authorities or agencies.
your data will be retained on our database for period of 90 days from the expiry date of your subscription. After this time all your data will be purged from our database.
your data will be retained on our database for period of 60 days from the expiry date of your trial period. After this time period all your data will be purged from our database
Prepaid subscriptions: CybroERP will not provide any refund for any remaining prepaid period if you choose to discontinue your subscription
General
Should any provision of these Terms be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision’s intent, to the extent permitted by applicable law.
CybroERP may assign its rights and obligations under these Terms and upon such assignment CybroERP shall be relieved of any further obligation under these Terms.
Unless the relevant party has the prior written consent of the other or unless required to do so by law each party will preserve the confidentiality of all confidential information of the other obtained in connection with these Terms. Neither party will, without prior consent of the other, disclose or make any confidential information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
These Terms and the Privacy Policy supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and CybroERP.
your personal information will not be shared with any third party unless instructed by you or required by law.
Any disputes arising out of your use of the website is subject to the Indian law.
Neither party is liable for delay in meeting its obligations due to any cause outside its reasonable control including acts of god, riot, war, malicious acts of damage, fires, electricity supply failure, Government authority.
Waiver
Any failure or delay by CybroERP to enforce any of the Terms or to exercise any right under the Terms will not be considered as a waiver to any extent of our rights.
If either party waives any breach of these Terms in entire agreement, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Data Ownership
Ownership of the underlying data and right to access belongs to the account payer where the account payer is an owner or shareholder of the organization. If the account payer is not an owner or shareholder of the organization, for example a Partner, then the data ultimately belongs to the owner or shareholder of the organization.
Limitation of Liability
you must maintain a copy of all data inputted into the website. CybroERP takes backup of all data, however, does not guarantee that there will be no loss of data. We strongly recommend you take regular backup of your data. CybroERP excludes liability for any loss of data no matter how it was caused.
To the maximum extent permitted by law, CybroERP excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
If you suffer loss or damage as a result of CybroERP’ negligence or failure to comply with these Terms, any claim by you against CybroERP arising from CybroERP’ negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by you in the previous 12 months.
If you are not satisfied with the Service, your sole and exclusive remedy is to terminate these Terms.
Support
CybroERP aims to (i) respond to emailed software support queries within 24 hours of them being raised, and to (ii) resolve premium telephone software support queries (other than technical queries) within 1 hour of them being raised, and to (iii) to resolve technical queries within 5 days of them being raised but does not warrant that this will be the case.
Support is not intended to deal with any questions relating to accountancy, taxation or company law. Our support agents will only help you learn how to use our Services.
The support service is intended to provide timely, informal help and as such any reliance placed upon it is at your risk. Any opinions or statements made by a support agent should be checked with a relevant professional. To the fullest extent permissible by law CybroERP does not accept any responsibility for the opinions or statements expressed by its support agents. Without this limitation of liability, we would not be able to provide this service.
CybroERP reserves the right to withdraw support from you if you send malicious, offensive, or illegal support