TERMS AND CONDITIONS
CYNAPCE (BY NVM HEALTHCARE PRIVATE LIMITED)
PLEASE CAREFULLY READ THESE TERMS OF USE. BY USING THIS PLATFORM, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THE PLATFORM.
ACCEPTANCE
CYNAPCE is a mobile platform operated by NVM Healthcare, a Private limited company, that is registered in Delhi, India, Cynapce and its affiliates and / or branches (hereinafter together " CYNAPCE ") provide a collection of online resources which include classified advertisements and Medical forum and updates including Medical cases and discussions (collectively, the "Service") on the mobile application of the platform (collectively, the "Platform").
The Platform and the Service are provided to you subject to these CYNAPCE Terms of Use (these "Terms"). For the purpose of the Terms and wherever the context so requires, the terms "you" and "“your" shall mean any person who uses or accesses, whether through manual or automated means, the Platform or the Service in any manner whatsoever including persons browsing the Platform and its content, posting comments or any content or responding to any advertisements or content on the Platform.
By using the Service, you agree to comply with these Terms. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at CYNAPCE’s sole Discretion
DESCRIPTION OF SERVICE AND CONTENT POLICY
We are a Healthcare platform which aims to provide multiple services through the platform by bringing multiple healthcare stakeholders together. The services can be -
 
(i). Transactional Services
(ii). Career services
(iii). Academic Services
(iv). Case Publication Assistance
I) TRANSACTIONAL SERVICES
The Platform will allow users, subject to agreeing to these terms, to offer to buy, sell products and services dealing with Healthcare. CYNAPCE will be an intermediary only here and as such is not responsible for transactions that occur as a result of such an exercise. As such, CYNAPCE is not a party in these transactions although we might charge a fee for our services. The Authenticity, valuations and such other considerations are to be decided by the parties undertaking these transactions.
II) CAREER SERVICES
These Services will be charged when you apply for a position or shortlist candidates if you are a recruiter. However, initially or under certain promotions they may be given at a reduced or no cost.
Simply creating a job alert or posting a vacancy will not be charged. The idea is to charge for value created and not otherwise. For recruiters’ certain categories of jobs may be charged under the commission model.
III) ACADEMIC SERVICES
CYNAPCE provides a unique case-based learning opportunity for doctors across the world. CYNAPCE also provides a platform for doctors to share their clinical experiences so that the whole of the medical community is benefitted. CYNAPCE also brings in latest updates in the field of medicine.
We are solely an educational platform for doctors and we do not intend to provide any diagnostic/investigational/treatment advice or consultation. The information provided inside the application is solely for educational purpose only. Any other use is not permitted under the terms.
The ever-changing evidence in the field of medicine is always a challenge to learn. The information provided by us will try to cover such advances. In case of healthcare delivery, the information provided by us is not liable as we provide only educational services. Our services will never replace any doctor’s intellectual ability and decision making in any instance and we are not liable for any such acts.
IV) MEDICAL WRITING ASSISTANCE SERVICES
CYNAPCE is a service provider for the medical writing services and in no way guarantee the publications of proposed research articles/abstracts. The publication will be dependent on the publication policy of target scientific/medical Journal as well as scientific relevance and novelty of the publication.
CYNAPCE is not liable for the accuracy and authenticity of the raw data. The Author/organization undertaking the medical writing services of CYNAPCE shall own the complete responsibility towards the accuracy and authenticity of the raw data.
The Author/organization undertaking the medical writing services of CYNAPCE will solely be responsible for the plagiarism claim, if any towards the raw data/publication material. However, CYNAPCE will ensure that the manuscripts/publications developed by it do not fall under the plagiarism criteria.
For all Publications, Author/organization undertaking the medical writing services of CYNAPCE shall comply with recognized ethical standards concerning publications and authorship, including the Uniform Requirements for Manuscripts Submitted to Biomedical Journals, established by the International Committee of Medical Journal Editors. The ICMJE recommends that authorship be based on the following 4 criteria :-
 
i). Substantial contributions to the conception or design of the work; or the acquisition, analysis, or interpretation of data for the work; AND
ii). Drafting the work or revising it critically for important intellectual content; AND
iii). Final approval of the version to be published; AND
iv). Agreement to be accountable for all aspects of the work in ensuring that questions related to the accuracy or integrity of any part of the work are appropriately investigated and resolved.
 
All those designated as authors should meet all four criteria for authorship, and all who meet the four criteria should be identified as authors. Those who do not meet all four criteria should be acknowledged.
CYNAPCE does not make any representation as regards to affiliation with any Scientific/Medical Journal.
The initiation of the medical writing work is subject to the realization of professional fee. Further, the fee paid is non-refundable, non-transferable under any circumstances whatsoever.
CYNAPCE is not responsible for postal delays or loss of raw data/publication material during transit.
CYNAPCE reserves the right to change the terms and conditions from time to time in its sole and absolute discretion. If any such change is made, the latest amended terms and conditions would be applicable.
CONDUCT
You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content :
i. that violates any law or regulation
ii. that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant CYNAPCE all the license rights granted herein;
iii. that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
iv. that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
v. that harasses, degrades, intimidates or is hateful towards any individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability
vi. that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, colour, religion, sex, national origin, age, or disability of the applicant.
vii. that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation
viii. that includes personal or identifying information about another person without that person's explicit consent
ix. that impersonates any person or entity, including, but not limited to, an CYNAPCE employee, or falsely states or otherwise misrepresents an affiliation with a person or entity
x. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature
xi. that is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch" offer
xii. that constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature
xiii. that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Platform which are not designated for such purposes; or (2) e-mailed to CYNAPCE users who have requested not to be contacted about other services, products or commercial interests
xiv. that includes links to commercial services or Third-Party Websites, except as specifically allowed by CYNAPCE
xv. that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law
xvi. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource
xvii. that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service or
xviii. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to :
a) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third-party website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;
b) make any libellous or defamatory comments or postings to or against anyone;
c) collect personal data about other users or entities for commercial or unlawful purposes;
d) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
e) post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
f) post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
g) attempt to gain unauthorized access to computer systems owned or controlled by CYNAPCE or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Platform.
h) use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of CYNAPCE 's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.
i) use any automated device or software that enables the submission of automatic postings on CYNAPCE without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or
j) Any Content uploaded by you shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant Content uploaded by you.
PAID SERVICES
Most category of posts or individual posts will be charged. Certain deals also can be brokered and involve charges for deal execution.
The user shall agree with us to be charged for Brokerage for certain transactional services and further agree to sign a Brokerage Agreement.
The user shall agree that the CYNAPCE admin is authorised to make the changes in the post over the platform for e.g. the admin panel will be enabled to edit the fields of the post such as Name, address contact details or description part or category individually and tab wise at own discretion.
The user shall be allowed to sell or buy Medical Books without any intervention of the Platform -Admin. There would be no charges over posting any ads regarding the buying and selling of books.
The user shall agree that CYNAPCE admin will not be endorsing any conference or event and any changes with regards to the same.
Any such fees paid hereunder are non-refundable in the event any Content is removed from the Service for violating these Terms and Each party posting Content to the Service is responsible for said Content and compliance with the Terms
POSTING AGENTS
As used herein, the term "Posting Agent" refers to a third-party agent, service or intermediary that offers to post Content to the Service on behalf of others. CYNAPCE prohibits the use of Posting Agents, directly or indirectly, without the express written permission of CYNAPCE. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service to post Content on behalf of others, except with express written permission or license from CYNAPCE.
ACCESS TO THE SERVICE
If you have questions about this Privacy Policy, please contact CYNAPCE via the Contact Support form
GRIEVANCE OFFICER
CYNAPCE grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following:
(a) access to or use of the Service by Posting Agents; or
(b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by CYNAPCE or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in
(c). For purposes of this exception, a "general purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). If the total number of such postings displayed on or linked to your website exceeds limits set by CYNAPCE, your use will be in violation of these Terms, unless CYNAPCE expressly grants you permission otherwise.
d) You are also permitted to create a hyperlink to the home page of the Platform so long as the link does not portray CYNAPCE, its employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from CYNAPCE.
NOTIFICATION OF CLAIMS OF INFRINGEMENTS
CYNAPCE is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties.
If you are an owner of intellectual property rights or an agent who is fully authorised to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorised to act, you may submit a notification to CYNAPCE together with a request to CYNAPCE to delete the relevant Content in good faith.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the materials on the Platform, other than the user Content that you licensed including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to CYNAPCE, and are subject to copyright and other intellectual property rights under Indian IPR laws, foreign laws and international treaties and/or conventions. In connection with the Services, the Platform may display certain trademarks belonging to third parties. Use of these trademarks may be subject to license granted by third parties to CYNAPCE. You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the Platform are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted,broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. CYNAPCE reserves all rights not expressly granted herein to the Platform and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Platform for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Platform or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Platform, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Platform, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. CYNAPCE is a service mark registered with the Patent and Trademark Office in INDIA.
USER SUBMISSIONS
You understand that when using the Platform, you will be exposed to Content from a variety of sources, and that CYNAPCES is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libellous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CYNAPCES with respect thereto.
INDEMNITY
You agree to defend, indemnify and hold harmless CYNAPCES, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from:
(i) your use of and access to the Platform and/or the Service;
(ii) your violation of any term of these Terms;
(iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
(iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Platform.
NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to CYNAPCES email addresses or through CYNAPCES computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time CYNAPCES may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the CYNAPCES e mail system.
Any communication between yourself and any other user utilizing the communication features available on the Service and the Platform may be used only in accordance with the Terms. Any unauthorized use of CYNAPCES computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
You acknowledge and agree that CYNAPCE shall not be liable for your interactions with any organizations and/or individuals on the Platform or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that CYNAPCE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Platform, or between users and any third party, you understand and agree that CYNAPCE is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release CYNAPCE, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
LIMITATION AND TERMINATION OF SERVICE
You acknowledge and agree that CYNAPCE may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency and the manner in which you may access the Service or the Platform. You acknowledge that your account is identified and linked through your mobile number, Facebook account or email address through which you have registered. In the event you have more than one account linked through your mobile number, Facebook account or email address, CYNAPCE reserves the right to remove or restrict the usage of such duplicate accounts. You acknowledge and agree that CYNAPCE has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Platform or the Service. You acknowledge and agree that CYNAPCE reserves the right at any time to modify, limit or discontinue the Service (or any part thereof) with or without notice, and that CYNAPCE shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that CYNAPCE, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if CYNAPCE believes that you have violated these Terms. Further, you agree that CYNAPCE shall not be liable to you or any third-party for any termination of your access to the Platform or the Service. Further, you agree not to attempt to use the Service after any such termination..
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW “CYNAPCE”, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. “CYNAPCE” MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM'S CONTENT OR THE CONTENT OF ANY THIRD-PARTY WEBSITES LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE.
“CYNAPCE” DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND “CYNAPCE” WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE."
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, APP AND COLLECTIVE CONTENT REMAINS WITH YOU. IN NO EVENT SHALL CYNAPCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGESRESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE.
ASSIGNMENT
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CYNAPCES without restriction. Any assignment or transfer by you shall be null and void.
ABILITY TO ACCEPT TERMS OF SERVICE
This Platform is intended only for adults and that you are eligible to contract as per applicable laws. If you are using/accessing this Platform as a representative of any person/entity, you acknowledge that you are legally authorised to represent that person/entity. Minors, i.e. users of under 18 years of age, are only allowed to access the Platform and use the Service, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is usual and acceptable standard in civil life and practice. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Platform is not intended for children under 13.
GENERAL INFORMATION
These Terms and the other policies posted on the Platform constitute the complete and exclusive understanding and agreement between you and CYNAPCES and govern your use of the Service and the Platform superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and CYNAPCES shall be governed by Indian Laws. Any claim you may have against CYNAPCES must be submitted to the exclusive jurisdiction the courts of New Delhi, India. However, in the event that you are a consumer it may be that consumer law requires that another law is applicable and that a claim may be submitted to another jurisdiction. The failure of CYNAPCES to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE PLATFORM MUST COMMENCE WITHIN A REASONABLE TIME AND IN ANY EVENT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT CYNAPCES MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITH THE APPLICABLE STATUTE OF LIMITATIONS UNDER INDIAN LAW. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms shall inure to the benefit of and be binding upon each party's successors and assigns.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms that you become aware of by contacting us using the link at the bottom of the CYNAPCES Application at ……………
Any failure to act by CYNAPCES with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others. You understand and agree that, because damages are often difficult or impossible to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay CYNAPCES the following as liquidated damages (and not a penalty):
a. If CYNAPCES establishes any limits on the frequency with which you may access the Service or terminates your access to or use of the Service, you agree to pay CYNAPCES ……………….
b. If you are a Posting Agent that uses the Service in violation of these Terms, in addition to any liquidated damages under Section xx(e) below you agree to pay CYNAPCES …………………….item you post in violation of these Terms. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service, and such party (by engaging the Posting Agent in violation of these Terms) agrees to pay CYNAPCES an additional (……………………..) for each item posted by the Posting Agent on behalf of such party in violation of these Terms.
c. If you use CYNAPCES e-mail addresses or computer systems to send unsolicited e-mail advertisements to CYNAPCES e-mail addresses or any other party, you agree to pay CYNAPCES ………………. for each such e-mail.
d. If you post messages in violation of these Terms, other than as described above, you agree to pay CYNAPCES …………….. for each such message. Notwithstanding the foregoing, CYNAPCES may, in its sole and absolute discretion, issue a warning before assessing damages.
e. If you aggregate, copy, display, mirror, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without CYNAPCES’s express written permission, you agree to pay CYNAPCE…………………. for each day on which you engage in such conduct.
If none of the foregoing clauses (a) – (f) are applicable, you agree to pay CYNAPCE’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, CYNAPCE retains the right to seek equitable remedies, including without limitation, specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach or threatened breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof, without the necessity of posting a bond.