This policy is effective as of 29 December 2021
These terms covers all software, mobile applications, website services, internet services, server services, payment services, subscribing services, etc. that are licensed, produced, sold, rented or distributed by Webmilez Infotech Private Limited (also referred to as “Ciferon” or “Service Provider”) alongwith third party integration software, hardware products and services. If you use any of these products, you agree to the Ciferon Terms of Use and Privacy Policy. If you disagree with these terms of use or any part of these terms of use, you must not use our website and related applications.
You must be at least 18 years of age to use our website. By using our website and by agreeing to these terms of use, you warrant and represent that you are at least 18 years of age.
Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy.
Introduction
Ciferon offers a cloud based point of sales software (POS Software) for restaurants together with integrated services such as mobile / card payments (Online Payments), deals and discounts, ordering and delivery apps, table booking app, supplier’s market place, analytics app, etc. (“Paid Services”) using a Programmable API Architecture. Currently, through its POS it provides end to end integration of various services for restaurants.
The Subscriber (Restaurant) engaged in the business of running a restaurant and/or food and beverages services at its premises for a variety of customers may avail the Ciferon Services as specifically selected by them amongst the various services offered by Ciferon and Services will be provided to the Restaurant on the terms and conditions more specifically provided in these Terms of Use and the Service Agreement.
The terms, conditions, notices and disclaimers set forth herein (the “Terms of Use”) govern your use of the Ciferon Software as well the website and are legally binding on you. Your use of the software and the website shall be deemed to be your agreement to abide by each of the terms set forth below, including any subsequent modifications.
Services: Refers to the software and other system provided by Webmilez Infotech Private Limited.
User: Any individual or entity using the Application or website.
Subject to the terms of these Terms of Use, Ciferon hereby grants You a limited, revocable, non-exclusive, non-assignable and non-transferrable (unless otherwise expressly specified herein) right and license to install and use the Webiste/ Software/Service.
You agree to use Webiste/ Software/Service only for the purpose that are permitted under (a) this Terms of Use and Service Agreement; and (b) any applicable laws, regulations or generally accepted practices or guidelines in the relevant jurisdiction. The Application and Service may only be used on a compatible and appropriate device. You are responsible to check and ensure that You have downloaded the Application and Service on the compatible and appropriate device. Ciferon is not responsible if You do not have a compatible and appropriate device.
Except to the extent expressly permitted in these Terms of Use or Service Agreement or required by law on a non-excludable basis, the license granted by the Service Provider to the Restaurant is subject to the following prohibitions:
Ciferon shall have the right at any time to change or modify the terms and conditions applicable to your use of the Website and its Content, or any part thereof, make changes in the features of the Software. We may modify these Terms at any time without prior notice to you. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Website, or by electronic or conventional mail, or by any other means by which you will obtain notice thereof. Any use of Website by you after such notice shall be deemed to constitute your acceptance of such changes, modifications or additions. The revised terms will be posted herein. Some specific areas of the Site may have different ‘terms of use’ applicable, which would be posted separately. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.
Ciferon owns all right, title and interest in and to the Licensed Software. Ciferon expressly reserves all rights not granted to you herein, notwithstanding the right to discontinue or not to release any Licensed Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or characteristics of the Licensed Software. The Licensed Software is only licensed and not sold to you by Ciferon.
Ciferon has the right to audit your Use of the Licensed Software by providing at least three (3) days prior written notice of its intention to conduct such an audit at your facilities during normal business hours.
The Restaurant/Subscriber acknowledges that by purchasing and/or subscribing to the Service, You agree to the relevant rates, fees and billing cycles as (i) listed in the Application and/or Website at the time of purchase and/or subscription of the Service, and (ii) amended from time to time pursuant to this Terms of Use.
You may cancel your subscription at any time by following the cancellation procedure specified by Ciferon. This procedure may include providing notice through the account management dashboard, contacting customer support, or submitting a cancellation request via email. You can upgrade or downgrade level of your subscription at any time of your usage, however Ciferon does not refund any fees in that case. If you stop using our services in between the term, we will not refund you the fees paid by you for the remaining term. Ciferon Subscription purchases are non-refundable. The services purchased are yours for the length of the subscription.
Ciferon provides support that includes response to tickets raised in Ciferon app, requests from live chat from Licensed Software and from the app, email support for problem reporting, remote support for problem resolution, product updates, and online access to product documentation, self-help videos & tutorials. The support team shall extend telephonic support during office working hours as well.
The use and/or access of the Software/Website/Service will also be subject to any provision as set out in the privacy policy of Ciferon posted on the Application and/or Website (“Privacy Policy”). By agreeing to this Terms of Use, we assume that You have read and agreed to the content of the Privacy Policy. The Privacy Policy and this Terms of Use are integral documents that need to be approved by the Customer before they can register and use the Service.
The Website provides links to Web Websites and access to Content, products and services of third parties, including partners and affiliates of the Website. Ciferon is not responsible for third party Content provided on or through the Website or for any changes or updates to such third party Websites, and you bear all risks associated with the access to, and use of, such Web Websites and third party Content, products and services.
The Service Provider shall not be responsible for the advertisements contained within the Website or App. In the event if the Restaurant or its customer opts for purchase of goods and/or services from any third party who advertises in the App/website, you do so at your own risk. Only the advertiser shall be liable and responsible for such goods and/or services. In case of any queries or complaints in relation to them, the restaurant or customer shall have to take action against the advertiser only.
These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.
In no event shall Ciferon be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you whether in an action in contract or tort, arising from your access to, or use of, the site, whether or not Ciferon has been advised of the possibility. In no event shall the Service Provider’s liability to the Restaurant exceed 10% of the amount of subscription Fee for the services subscribed by the Subscriber Restaurant.
Except where expressly provided otherwise, the site and all content, materials, information, software, products and services provided on the site, are provided on an “as is” and “as available” basis. Use of the Site/ Software and its contents are at your sole risk. The website and its contents are provided without any representations, endorsements, or warranties of any kind whatsoever, either expressed or implied, including, but not limited to, any warranties of title or accuracy and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, with the sole exception of warranties (if any) which cannot be expressly excluded under applicable law. The Service Provider does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items that are a part of the Software or the Services. In no event does the Service Provider warrant that the Software or the Services are error free or that the Restaurant will be able to operate using the Software or the Services without problems or interruptions
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying or returning to Ciferon all copies of the Licensed Software in your possession. Either party may terminate this Agreement upon breach by the other party of the terms of this Agreement, and the failure by the other party to cure such breach within 30 (thirty) days’ written notice. Upon termination, you shall destroy or return to Ciferon all copies of the Licensed Software and certify in writing that all the copies have been destroyed. All provisions relating to confidentiality, proprietary rights, non-disclosure, and limitation of liability shall survive the termination of this Agreement.
After termination, you may no longer have access to your account and any data stored within. Ciferon will retain data for a specific duration as specified in our data retention policy. Upon termination, any outstanding fees or charges will become immediately due and payable. Failure to pay these fees may result in further actions, including collections and legal proceedings.
These terms of use are governed and construed in accordance with the laws of India and the courts of Nagpur, Maharashtra shall have exclusive jurisdiction to try the disputes arising out of or in connection to these terms of use.
These Terms & Conditions for using the software / website / services of Ciferon are in addition to the Service Agreement and privacy policy. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Webmilez Infotech Private Limited.
If you have any questions or suggestions about this Terms of Service, do not hesitate to contact us at hello@ciferon.com
