This ‘Terms of Use’ is formulated and published pursuant to the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that requires the publication of Terms of Use and Privacy Policy for access or usage of a website. This Terms of Use Agreement (the “Agreement“) governs your use of this website https://cpigs.com/, the corresponding CPIGS mobile application etc. and SDKs used by customers of the Company (collectively, the “ Platform“). The Platform is owned and operated by CPIGS Technologies Private Limited, a private limited company registered under the provisions of the [Indian] Companies Act 2013 having its registered office at Noida, Uttar Pradesh, India (the “Company”). The Company reserves the right to modify the terms contained in this Agreement at any time by posting such modifications on the Platform.
The modified Agreement would be effective from the date of modification that is posted by the Company on the Platform. If you do not agree to any term that is contained in this Agreement, please immediately cease your use of the Platform.
I. TERMS
Terms of Offer. The Platform operates a digital platform for users (the “Users”) to authenticate or verify product originality or authenticity or validity of coupon codes (the “Services”). The Company is not and cannot be a party to or control in any manner any transaction between you and the third-party sellers. The terms of offer on the Platform also include loyalty and rewards for Users and warranty management. The Platform also undertakes scraping of social media platforms for new products and may associate with third party service providers to provide this service.
Proprietary Rights. The Company has proprietary rights in the Platform, and you may not copy or reproduce the Platform or any of its components in any manner. The Company also has rights to all trademarks and trade dress and specific layouts of every page of the Platform, including calls to action, text placement, images, and other information.
The Company grants you a limited sub-license to access and make personal use of the Platform, but not to download (other than page caching or mobile app but from Apple Store and Play Store only) or modify it, or any portion of it, except with express written consent of the Company. Such limited sub-license does not include/permit any resale or commercial use of the Platform or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Platform or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Application or any portion of the Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Application or of the Company and/or its affiliates without the express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the prior express written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, ‘password mining’ or any other illegitimate means.
Taxes. You shall be responsible for the payment of any tax that accrues to you under applicable law as a result of your use of the Platform.
II. THE SERVICES
This Agreement and the Services provided by the Platform are available to any person over the age of eighteen (18) years who registers on the Platform in the manner provided herein. Persons below the age of eighteen (18) shall not be entitled to use the Platform or the Services unless such use is through the User account of a parent or legal guardian.
All Users have to register and login for using the Platform. You must keep your account and registration details current and correct for communications related to you using the Platform. By agreeing to the Terms of Use, the User agrees to receive promotional communication and newsletters from the Company and its partners. The User can opt-out from such communication and/or newsletters either by unsubscribing on the Platform itself or by writing to info@cpigs.com.
Pricing
The price of products offered by the Platform will be as per the policy of the respective third-party seller from which the User is making the purchase.
Return & Refunds
Since payments for purchases made does not happen on the Platform, the return policy applicable would be that of the respective customer, and such return will not be processed directly on the Platform.
III. REPRESENTATIONS, WARRANTIES, AND UNDERTAKINGS OF THE USERS
Each User registering on the Platform represents, warrants, and undertakes to the Company as follows:
• That all information that has been uploaded by the User on the Platform is true, complete, and accurate; and
• Each User agrees and acknowledges that the Company is only a platform that facilitates the authentication of products by its Users, and that the Company does not in any manner guarantee the quality or authenticity of any products purchased by the Users from third-party sellers.
IV. PERSONAL DATA AND OTHER INFORMATION MADE AVAILABLE ON THE PLATFORM
The User shall read and understand the Privacy Policy available at https://cpigs.com/privacy-policy/, so as to ensure that he or she has the knowledge of, (i) certain information that may be collected by the Platform; (ii) the purpose of collection and the use that such information is put to; and (iii) the entity that collects and retains the information, etc.
• The Company is not responsible for the authenticity of the personal information or personal data that is supplied by a User on the Platform. The User shall be responsible for maintaining the confidentiality of his/her account access information and password, and the User shall be held solely liable for all usage of his/her user account and password, whether or not authorized by him/her. The User shall be obligated to intimate the Company regarding any misuse or suspected misuse of his/her user account information.
• Where a User provides information that is not authentic or is incomplete, the Company may at its sole discretion discontinue providing the Services to that User by disabling his/her User Account.
Each User represents and warrants to the Company that the content uploaded by them on the Platform shall not infringe the intellectual property rights of any person.
V. THE PLATFORM AND THE SERVICES
Content; Intellectual Property; Third-Party Links. In addition to providing the Services as stated above, the Platform may also offer other information related to the Services either directly or through indirectly through links to third-party websites. The Company may not be the sole owner of all the information that is made available on the Platform. The proprietary rights to all information that is created by the Company and made available on the Platform shall belong to the Company alone. Unauthorized use of any content or material that is available on the Platform may violate intellectual property rights of other parties. You shall use the content on this Platform only for personal, non-commercial use. Any links to third-party websites that are provided on the Platform are for convenience and does not amount to the Company being responsible, in any manner, for such third-party websites and their content. You may use such third-party content at your own risk.
The Platform shall not be used by you for any illegal or unlawful purpose. Your use of the Platform shall be in compliance with all applicable laws and regulations. You shall not interfere or hinder the use of the Platform by other Users or Users, and you shall not engage in transmission of “spam,” chain letters, junk mail, or any other type of unsolicited communication.
By using this Platform, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Platform in a lawful manner. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Company or the applicable third party (if content belonging to such third party is being used).
Please note that the Company is only an “intermediary” as defined in Section 2(w) of the Information Technology Act, 2000 and can only control the information and content posted by itself on the Platform. The Company does not have the ability to control User/User-generated content on the Platform. You are solely responsible for your interactions with other Users/Users and any content you post. The Company may monitor interactions between Users and remove any content from the Platform that it considers objectionable or inappropriate.
VI. RESTRICTIONS ON USE
You do not host, display, upload, modify, publish, transmit, update, or share any information that:
• belongs to another person and to which you do not have any proprietary right.
• is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
• harm minors in any way.
• infringes any patent, trademark, copyright, or other proprietary rights.
• violates any law for the time being in force.
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
• impersonates another person.
• contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or
• 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 cognizable offense or prevents investigation of any offense or is insulting any other nation.
The Company retains the right to remove from the Platform any content that contravenes any of the above conditions.
VII. DISCLAIMER OF WARRANTIES
You are accessing the Services available on the Platform and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through the Platform. Before verifying the product, please review the product carefully and in sufficient detail. By verifying the product on our Platform, you agree to be bound by the conditions of the Platform without exception.
The Company is not liable for the actual genuineness of the product or any loss, damage caused by the purchase of the product post verification on our site whether genuine or not, our Service will only help determine the genuineness of an existing product. Even though the Company codes are sufficiently counterfeit resistant there may be cases where a counterfeiter is able to misuse the Company codes. The Company will not carry the responsibility of products and its genuineness in such cases.
The warranty, quality, and genuineness of products is the responsibility of the seller selling the product, and verification of the same is your responsibility. The Company will not be responsible for any product sold with the Company Codes. The results/findings of our Services shall be used by a User at its own risk and the Company is not responsible for any loss to life or property as a result of the same.
Disclaimers Regarding Products
The Company does not make any representation or warranties in respect of the products displayed, verified through the Platform nor does the Company implicitly or explicitly support or endorse the sale or purchase of any products displayed or verified through the Platform. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties. You acknowledge and agree that the Company shall act as your agent for retrieval of product information and that the Company has no relationship with you other than to provide such retrieval of product information. At no time shall the Company have any right, title, or interest to any product(s). The Company does not have any control over the quality, failure to provide, or any other aspect whatsoever of the product(s). Where the Platform displays prices of customer products, the Company is not liable for the accuracy of the same.
Please note that your use of the Platform and the services shall be at your sole risk. The Company disclaims all warranties of any kind, whether express or implied, including, but not limited to non-infringement of third-party rights with respect to the contents of the Platform, or any reliance upon or use of the Platform contents or the Services.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO A USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR OF ANY OTHER PLATFORMS REFERENCED OR LINKED TO FROM THE PLATFORM. THE COMPANY SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND/OR SERVICES OFFERED THROUGH THE PLATFORM OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS OR PAYMENT OF ANY CONSIDERATION. IN NO EVENT SHALL THE COMPANY BE HELD RESPONSIBLE FOR THE FINANCIAL PLANNING OR FINANCIAL SAVINGS MANAGEMENT OF THE USERS.
Further, the Company makes no warranty:
• That the content made available on the Platform is complete, updated, or accurate; or
• That the third-party information made available on the Platform, or the third-party links made available on the Platform is accurate, reliable, or complete.
VIII. REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered on the Platform or otherwise disclosed, submitted, or offered in connection with use of the Platform (collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission, or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles, and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.
The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display, and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way.
The Company is and shall be under no obligation to: (i) maintain any Comments in confidence; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on the Platform will not violate the Terms of Use or any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on the Platform will be or contain libellous or otherwise unlawful, threatening, abusive, or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails, or any form of ‘spam.’ The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Platform. You hereby grant the Company the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make, and you agree to indemnify the Company and its affiliates against all claims, loss, and liabilities resulting from any Comments you submit.
Further, any reliance placed on Comments available on the Platform from a third party shall be at your sole risk and expense.
IX. LIMITATION OF LIABILITY
The aggregate liability of the Company to a User with respect to the Platform content and for the services and/or for any breach of this Agreement is limited to a value of Rupees Five Thousand Only (INR 5,000/-). The Company shall not be liable for any direct, indirect, incidental, special or consequential damages in connection with this Agreement.
X. INDEMNIFICATION
You shall indemnify, defend and hold harmless the Company as well as each of its representatives, employees, contractors, agents, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses in relation to all claims arising out of (a) a breach of the obligations undertaken by you under the terms of this Agreement; (b) use or misuse by you of the Platform content; (c) breach of any intellectual property or other proprietary rights of any person or entity; or (d) the inaccuracy or incompleteness of any information or data you supplied on the Platform.
If and when so required, the Company may seek written assurances from you regarding your undertaking to indemnify the Company, and your failure to provide such assurances would amount to a material breach of this Agreement. The Company may participate in any legal proceedings where you are defending a third-party claim related to your use of any of the Platform. You shall notify the Company of any third-party legal proceeding that is initiated in relation to the Platform or the Services, to which legal proceeding you are a party.
XI. PRIVACY
Please refer to the Platform Privacy Policy at https://cpigs.com/privacy-policy/ incorporated by reference herein, for information on the policy of the Company with respect to personal and sensitive information that is provided by the Users to the Platform.
XII. REDRESSAL OF GRIEVANCES
If you have any questions or grievances regarding the Platform, or the contents thereof, you may reach out to Rakesh Verma of the Company’s customer support at info@cpigs.com (the “Grievance Officer”). The Grievance Officer shall address any complaint or grievance that is raised by a User within a period of one (1) month from when it is raised.
XIII. USE OUTSIDE INDIA
Although the Platform may be accessible worldwide, the Company makes no representation that materials on the Platform are appropriate or available for use in locations outside India or that the Platform complies with the laws that are applicable in any jurisdiction that is outside India. Accessing the Platform from territories where the content of the Platform and/or the provision of the Services is deemed illegal is prohibited. Users accessing the Platform from locations outside India do so at their own risk and are responsible for compliance with local laws that are applicable to them. Any offer for any Service, and/or information made in connection with the Platform is void where prohibited.
XIV. MISCELLANEOUS PROVISIONS
Force Majeure. The Company shall not be responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, pandemic, labour strike, lockout, or boycott. The Company may at any time, in its sole discretion and without advance notice to you, cease operation of the Platform.
Entire Agreement. This Agreement along with the Privacy Policy comprises the entire agreement between you and the Company with respect to the use of the Platform.
No Waiver. A delay or failure by the Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
Notices: All notices given to you by the Company or by you to the Company shall be in writing and in the English language. Such notice shall be sent by e-mail or mailed by a prepaid internationally recognized courier service to the intended recipient at the address set out below, or any changed address that is notified by either Party:
Notice to the Company: CPIGS Technologies Private Limited, A-220, Sector-122 Noida, UP-201301.
Notice to User: At the email address provided by you at the time of registration on the Platform.
Governing Law; Jurisdiction. This Agreement is governed by the provisions of Indian law, including but not limited to the following:
• the Indian Contract Act, 1872.
• the (Indian) Information Technology Act, 2000.
• the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011; and
• the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.
This Platform originates from the State of Uttar Pradesh in India. This Agreement will be governed by the laws that are applicable in the State of Uttar Pradesh. By using this Platform, you consent to the jurisdiction and venue of the courts located in Uttar Pradesh, India in connection with any action, suit, proceeding, or claim arising under or by reason of this Agreement.
Termination. The Company may terminate your access to the Platform without any notice to you if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement.