In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
This Website by the URL [www.sofyx.com] and all the Web – pages, hyperlinks, tools, and Services provided thereunder is owned and operated by [Sofyx Systems Private Limited] (hereafter referred to as “Sofyx”), a company incorporated under The Companies Act 2013 with its registered office at [B-153. Dlf The Summit, Dlf Phase 5, Gurgaon, Haryana].
Sofyx’s (“Our”, “Us”, “We”, “Website”, “Site”) Website and mobile application (“Application”) come as a medium for (“Services”).
Users, as may be approved by Sofyx, shall have the right to use the Service provided by Sofyx via its Website and/or Application.
Users who are competent to contract under the Indian Contract Act, 1872, are eligible to register themselves as members on the Website or Application and can avail Our Services. Persons who are competent to contract would mean and include every person who, (i) has completed 18 years of age (as per The Indian Majority Act, 1875); (ii) is of sound mind; and (iii) not disqualified from contracting by any law for the time being in force in India.
You would be required to sign up on Applications by providing certain personal details such as name, e-mail address, telephone number, basic employment details and basic information with respect to Your business. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If You provide information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that You have provided such information, then Sofyx may (in addition to any other rights or remedies available to us) refuse registration, suspend access to all current or future use of the Website or Application and the Services (or any portion thereof) permanently.
You agree to pay an amount of INR 20,000 (INR Twenty Thousand), as subscription fees to use the Services provided through Our Website and/or Application (“Fees”). The payment of the Fee shall entitle You to avail the Services for a period of 60 (Sixty) days.
By using the account access service in the Website and/or Application, You authorize Sofyx and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving the requested information.
While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.
The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify Sofyx immediately in writing of any unauthorized use of their password or account or any other breach of security. Sofyx will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else’s password at any time.
Users agree to use the Services only for purposes that are permitted by a) the User Terms and b) any applicable laws as amended from time to time for the time being in force.
By using the Website and/or Application You agree not to:
You are solely responsible for any breach of your obligations under this agreement (including financial obligations) and for the consequences (including any loss or damage which Sofyx may suffer) of any such breach.
All rights, title and interest in and to the Service (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, are owned by Sofyx. We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Application and the Service. All Content on the Website and Application is either owned or licensed to Us and is subject to copyright, trademark rights, and other intellectual property rights of the Website and Application.
Sofyx owns, has licensed, or otherwise has rights to use all of the Content that appears in the Service, Website and all the Applications. Notwithstanding any provision to the contrary herein, You agree that you have no right or title in or to any Content that appears in the Service, Website and all the Applications, including without limitation the virtual goods or currency appearing or originating in any Application game, whether earned in a game or purchased from the in-game Application.
This Site and Application may contain message/bulletin boards, chat rooms, or other message or communication facilities (collectively, “Posts or “Forums”), You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, You agree that when using a Posts or Forum, You shall not do any of the following:
All Forums are public and not private communications. Chats, postings, conferences, and other communications by other users are not endorsed by Sofyx, and such communications shall not be considered reviewed, screened, or approved by Sofyx. Sofyx reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation message board postings.
In no event shall the Site and/or Application be held responsible for any Posts nor does Sofyx, Site or Application represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information on the Posts nor shall Sofyx be liable for any loss or damages resulting from their use and/or appearance on the Site.
By providing a Post to the Site and/or Application, you undertake, represent and warrant to Sofyx that you have all necessary rights in and to that Post and all information it contains and that no such Post shall infringe any rights, of third parties, including without limitation, intellectual property rights or other rights of any third parties or be otherwise defamatory, slanderous or hurtful to any particular person or group of people.
By submitting any Post, you grant Sofyx and its associated companies, a perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, and authorise others to use the Post in whole or in part, in any and all media, now known or hereafter developed, alone, or together or as part of any other type of material of any kind or nature.
Sofyx, Site and/or Application will have the right to monitor, remove, suspend, destroy, use and change any Post and/or content that is available on or via any chat area or our Site or Application generally, in any manner that Sofyx may determine, in its sole discretion, at any time. Although Sofyx endeavors to periodically monitor the content posted on this Site and Application, the Site and/or Application will not be responsible for the views or opinions expressed by third parties on the Site.
You agree that you will not use any Post and/or any part or all of our Site and/or Application to:
You further agree that you may use the Site and Application for non-commercial purposes only. You may not submit Posts intended to promote and/or generate revenue for yourself and/or any third-party business activity.
In order to be able to view and use Content on the Service, You will need to use a personal computer, smartphone, or other device that meets the system and compatibility requirements that We establish from time to time and is otherwise capable of interacting with the Service (each such device, a “Compatible Device“). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
This Application is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. We will use reasonable efforts to make the Application available at all times. However, You acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Sofyx’s reasonable control.
Sofyx does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access Content or any other communication system failure which may result in the Application being unavailable. Sofyx will not be responsible for any support or maintenance for the Application.
In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (‘Software Requirements’). The Software Requirements are as follows: Apple iOS devices running iOS 4 or iOS 5, and Android OS devices running Android OS 2.3 onwards; Language: English. The version of the Application software may be upgraded from time to time to add support for new functions and services.
The User expressly undertakes to provide to Sofyx only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from Us.
In case Sofyx discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, Sofyx in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, We shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.
The User unequivocally indemnifies Sofyx of any such claim or liability and shall not hold Us responsible for any loss or damage arising out of measures taken by Us for safeguarding its own interest and that of its genuine customers. This would also include Us denying/cancelling any bookings on account of suspected fraud transactions.
By using the account access service in Sofyx Website and Application, the User authorizes Sofyx and its agents to access third party sites, including that of banks and other payment gateways, designated by them or on their behalf for retrieving the requested information.
While registering, the User will choose a personal identification number (“PIN”) and password and is responsible for maintaining the confidentiality of the PIN and/or password and the account.
The User is fully responsible for all activities that occur while using their PIN and/or password or account. It is the duty of the User to notify Sofyx immediately in writing of any unauthorized use of their PIN and/or password or account or any other breach of security. Sofyx will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his PIN and/or password or account, either with or without his knowledge. The User shall not use anyone else’s password at any time.
This Website and its mobile Applications are owned by [Sofyx Systems Private Limited]. All rights to, title and interest in the Content available on/ via the Website and Application, the Website’s and Application’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Website and Application, and the Website and Application URLs, are the property of [Sofyx Systems Private Limited] or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
The Website and its mobile Applications and the Content are protected by copyright laws and belong to Us or its partners, affiliates or contributors. The copyrights in the Content are owned by Us or other copyright owners who have authorized their use on the Website. You may not manipulate or alter the images or other Content on the Website in any way.
We respect the intellectual property rights of others and expect you to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Us. We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, We will also terminate a User’s account if the User is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Website is: firstname.lastname@example.org
The Services are provided on an “as is” and “with all faults” basis, and without warranty or condition of any kind, either express or implied. Without limiting the foregoing, we explicitly disclaim any warranties, either express or implied, including without limitation, warranties of merchantability, and fitness for a particular purpose, non-infringement, and quality of Service. We make no warranty that the Service will meet your expectations, be free from viruses, or that data and content obtained through the service will be accurate, reliable or current, or that the service will be available on an uninterrupted, secure, or error-free basis. You acknowledge and agree that the use of the Service is at your own discretion and sole risk and that the entire risk as to the results and performance of the Service, including, without limitation, any damages to your computer
system, tablet, mobile device or data stored on it, is solely Yours.
User may participate in a survey, questionnaire etc. (“Survey”) organized by Us. User acknowledges and agrees that the contents of Survey are the property of Sofyx and User is restricted to utilize the contents of such Survey for any other purpose outside the scope it is originally established for. User acknowledges and agrees Sofyx uses the Survey for its internal uses and improving the User’s experience of the Application and/or Website.
The promotion and/or scheme provided by Us to the User may be subject to additional terms and conditions and shall be made available to the User along with any such promotion and/or scheme of Sofyx. Any and/ or all the schemes initiated by Us cannot be combined with any other scheme. You agree that Promotional Scheme: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Us; (iii) may be disabled by Us at any time for any reason without liability to Sofyx; (iv) may be subject to addition, subject or any other modification on Our sole discretion.
Sofyx reserves the right to withdraw Loyalty program at any time and/or modify the terms and conditions for the program, without any prior intimation to You. In case Sofyx withdraws Loyalty program, the loyalty points accumulated in Your account shall lapse and You will be unable to utilize it.
We may extend program driven bonus credit (“Points”) to certain active User and/ or groups of User, basis the activity of the User on the Application and/or Website. User acknowledges and accepts that this is only a means of a credit to be made available and exercised through the Application or Website, that can be redeemed by the User towards the gifts, offerings available via Application and/ or Website, which may be subject to additional terms and conditions, as may be communicated to You. Further, User acknowledges that the Points so earned are non-transferable, has no cash value and cannot be redeemed for goods or services outside of the Sofyx Application. The User is directly responsible to pay for any amount exceeding the applicable redemption value of the Points. All unused Points will expire and be unavailable after the end of every such cycle of Points or as may be brought down by Us.
You acknowledge and agree that in no event will We (including, without limitation, our affiliates and their respective officers, directors, employees and agents) be liable for any direct, indirect, special, punitive, incidental or consequential damages or losses (including, without limitation, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of your use of or inability to use the service, or improper use of the Service, even if you have been advised of the possibility thereof and regardless of the form of action, whether in contract, tort, or otherwise. You further acknowledge and agree that we may change the Service in whole or in part in its sole discretion without notice to you and without any liability to you whatsoever in connection therewith.