Terms of Use
These Terms of Use (“Terms/Terms of Use”) govern your use of the websites, mobile application, content and community services offered through https://www.cybx.in, other websites, and the mobile application with the name of ‘CYBX’ available on the Android Playstore and Apple App Store (“Site”) owned by 63SATS Cybertech Limited (formerly 63SATS Global Cyber Technologies Networks Limited), its subsidiaries, affiliates or its group companies (“63SATS” or “We” or “Us” or “Our”) or any mobile or internet connected device or otherwise, including any content functionality and services offered on or through the Sites (the “Service”). By accessing the Site or Service and/or by clicking “I agree”, you agree to be bound by these Terms. The term ‘cybx.in or ‘CYBX” is used through this entire Terms of Use document to refer to the Site, 63SATS and the employees and associates of 63SATS.
These Terms constitute a legally binding agreement between you and 63SATS. You acknowledge and agree that by accessing or using the Site you have agreed to bound and abide by these Terms and our privacy policy available at cybx.in/privacy-policy (“Privacy Policy”). If you do not agree with these Terms or our Privacy Policy or any additional terms that apply to you must not use the Site or any Service forthwith in any manner whatsoever.
You hereby represent and warrant that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service or the Site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account only and by no other account. In such cases, the personal data of a child user shall only be processed upon obtaining verifiable consent of the parent or lawful guardian, in accordance with applicable laws.
We may, at our sole discretion without notice. add to, change, or update these Terms of Use from time to time at our sole discretion. You are responsible for checking these Terms of Use periodically to remain in compliance. Your continued use of the Site after any amendment shall constitute your acceptance of the revised Terms. We reserve the right to withdraw or amend the Site or any part of the Service or material provided, at our sole discretion and without notice.
We may, in compliance with applicable laws, restrict or suspend access for all users, including registered users, to all or part of the Site for statutory reasons including data protection, security, or misuse and in exercise of due diligence. We will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period.
- REGISTRATION
- By registering, you certify that all information you provide, now or in the future, is accurate.
- We reserve the right, in our sole discretion, to deny you access to the Site or any portion thereof without notice for the following reasons: (a) for any unauthorized access or use by you of the Sites; (b) if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; (c) if you violate any of the other terms and conditions of these Terms or any provisions of applicable laws for the time being in force.
- To access the Sites or any other resource provided by 63SATS, you may be asked to provide certain registration details or other information including but not limited to a valid email address. We may use your email address and other contact information for service-related communication, account verification, and notices, in accordance with our Privacy Policy and applicable laws.
- It is a condition of your use of the Sites that all the information you provide on the Site is correct, current and complete. You agree that all data shared with us is governed by our Privacy Policy, and you consent to our collection, use, and storage of such data as permitted under applicable law.
- If you choose, or are provided with, a username, password, or any piece of information as part of our registration process, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to CYBX or portions of them using your username, password or other security information. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- You agree that you are entirely responsible for the security of your password and for all aspects of keeping your account secure. Furthermore, you are entirely responsible for any and all activities that occur on your account. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. To the extent required under law, we will take reasonable security safeguards to protect your personal data and will respond promptly to any data breach incident, as and when the same comes to our knowledge. However, you can be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder.
- We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. Additionally, we reserve the right to determine if you have violated these Terms, and to take any other action we deem appropriate, including termination or suspension of your access to and use of the Site.
- Marketing or promotional communications (if any) will be sent only after obtaining your valid, specific, and unambiguous consent and will include the option to withdraw consent at any time
- By registering, you confirm that you are voluntarily sharing your personal data as data principal with us for specified purposes, and understand that it will be processed in accordance with the DPDP Act, 2023, and our Privacy Policy. We will not process your data beyond what is necessary for providing our services or for purposes permitted under law.
- ORDER AND ACCEPTANCE
- Through the entire order process, you can review your order prior to finally submitting it to us. When transacting with us through CYBX, your order is accepted and your transaction is completed only when:
a) your payment is accepted, or payment information is verified if the transaction required your payment information without immediate payment; and
b) We send you a confirmation email of your order on your registered email ID. - If the payment information you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. If we reject your order, we will refund any payments made for that order, and we may also cancel or restrict use and access to the applicable Services.
- (same thing already mentioned earlier)
Occasionally an error or inaccuracy in the price or Service description may occur. In the rare case that happens, we will contact you for instructions where you will have the option to either:
(1) cancel your order at no cost, and obtain a refund of any prior payment that you have made for the Service; or
(2) proceed with your order based on the corrected price or description of the Service. - While we maintain records of orders and retain them for a reasonable period, we also recommend that you retain a printed or electronically saved copy of the Terms of Sale with a copy of your order in your own files.
- We retain your transaction-related data only for the duration necessary for the specified purpose and in accordance with applicable laws. We may notify you before deleting your data, in accordance with applicable law for the time being in force.
- Through the entire order process, you can review your order prior to finally submitting it to us. When transacting with us through CYBX, your order is accepted and your transaction is completed only when:
- SERVICE AND SUBSCRIPTION
- Certain Services do not require payment and are provided to you free of charge. Other Services require payment or payment information without immediate payment, before you can access and use them and may be offered through subscription plans. In any case, to access and use our Services you must have internet access and a compatible device.
When subscribing to paid Services, we will ensure that your personal data used for billing and identity verification is collected lawfully, with your consent or under legitimate uses permitted by law. - Service duration. You will have access to the Service for the duration of your contract. If you have an automatically renewing subscription, your Service will renew on an annual or monthly basis, unless cancelled before the scheduled billing date.
- Subscription billing cycle. The initial subscription term is charged when your purchase is complete or otherwise when your payment is received. Unless you cancel the day before you are due to be charged, the subscription renewal is charged to your payment method as detailed in the pre-billing notification that we send to you prior each renewal.
- The length of your billing cycle (annual or monthly) depends on the type of subscription that you choose when you sign-up for the Service. You can cancel the subscription at any time by signing in to your account and visiting the “My Subscriptions tab”, or by contacting us. If you cancel, your subscription during an ongoing subscription term then you will not receive any refund from the Company. However, your Service will remain active until the end of the already paid term.
- You may request erasure of your personal data after the termination of subscription. We will ensure cessation of data processing in accordance with the applicable law prevailing for the time being in force, unless retention is required under law.
- Certain Services do not require payment and are provided to you free of charge. Other Services require payment or payment information without immediate payment, before you can access and use them and may be offered through subscription plans. In any case, to access and use our Services you must have internet access and a compatible device.
- INTELLECTUAL PROPERTY & NO RETRANSMISSION OF INFORMATION
- All rights, titles and interest in and to the Site (including but not limited to any releases, revisions, updates or enhancements, code, images, photographs, logos, animations, video, audio, music, text), along with the design and information contained on Site and any documentation that accompanies or is made available in connection with the Sites (including any subscription or purchase information) (“Documentation”) is owned by 63SATS. This includes all intellectual property rights in and to the Sites and Documentation. Nothing in these Terms will be construed as transferring or assigning any such ownership rights to you or any other person or entity.
- All information available on the Site is the proprietary, confidential property of 63SATS and it cannot be repeated for any reason outside the Site. You agree not to reproduce, disseminate or repurpose any content or data on the Site unless expressly authorised in writing by 63SATS. You shall not use the Site’s content in any manner that would infringe our intellectual property or result in unauthorized processing of personal data.
- You will not resell, redistribute, broadcast, sublicense, reverse engineer or adapt the Site or any portion thereof without prior written consent from 63SATS. You may not remove or alter any proprietary notices. You must ensure that your use of the Site does not result in unauthorized access or misuse of any computer resource, as per applicable cyberlaws and other prevailing laws.
- Technological measures may be built into the Site designed to prevent unlicensed or illegal use of the Site. You agree that 63SATS may use these measures to protect 63SATS against software piracy (e.g., the software may contain enforcement technology that limits the ability to install and uninstall the Site on a device to not more than a finite number of times or for a finite number of times linked to your account). While installing the Site onto your device, you may be required to grant certain permissions to 63SATS. Please refer to our Privacy Policy.
- UNPERMITTED USE OF THE SITE AND SERVICES
- You will not use the Site and the Services for any illegal or fraudulent purposes. You agree to use the Site and the Services in accordance with all applicable laws and regulations.
- You agree not to:
- Use the Site for commercial resale, scraping or surveillance.
- Upload or transmit malware or harmful code.
- Access data of other users without authorization.
- Infringe copyright or privacy of others through your use of the Site.
- Engage in any data processing that violates the rights of other Data Principals.
Any processing of personal data, if done by you through this Site (such as posting content), must comply with the obligations of a Data Fiduciary under the applicable law prevailing for the time being in force.
- CHARGES
- 63SATS reserves the right to charge subscription and/or membership fees from you, in respect of any product, Service or any other aspect of the Site. Additionally, 63SATS retains the right to change, modify or increase the subscription fees/ membership fees at its sole discretion. By continuing to use the Services after any change to the subscription fees/membership fees, you acknowledge and accept the updated subscription fees/ membership fees.
- We reserve the right to discontinue a discount and/or change price(s) or offers at any time. A price change will not affect an order that we have already accepted, except if you expressly agree otherwise. If the price for your subscription changes at renewal, we will send you a notification on email in advance and you can cancel your subscription if you do not accept the price change.
- Our Services and Site are delivered electronically and there are no shipping or handling costs. Any costs associated with our Sites and Services is your responsibility and is dependent on your internet service provider.
- Payment can only be made using the payment options listed on the Site. We use third party service providers to assist with the processing of your payment; These providers may receive limited personal data strictly for payment facilitation, subject to their own legal obligations, and will be bound by contract to implement data protection and security measures. We do not handle payments directly. Payment is charged when your purchase is complete, or in the case of subscription renewal, when you are due to be charged.
- If you fail to pay for a Service by the due date, we may (i) suspend your access or stop delivery of Services to you until we have successfully received a valid payment from you, and/or (ii) terminate your order or contract with or without written notice.
- We will retain billing data only for the duration necessary to fulfil the transaction and for legally permissible recordkeeping, after which it will be deleted or anonymized, unless retention is required by applicable law.
- DATA PROTECTION
- Your privacy is important to us. We process your personal data in accordance with the applicable law, prevailing for the time being in force and our Privacy Policy available at cybx.in/privacy-policy. This includes ensuring that:
- Your data is processed only for lawful purposes and limited to the purposes for which it was collected.
- We obtain your consent or rely on legitimate use cases as defined under applicable law.
- You have the right to access, correct, delete, and withdraw consent for your personal data
- We implement reasonable security safeguards to protect your data from unauthorized access, breach, or misuse.
For detailed information, including how to exercise your rights, please refer to our Privacy Policy.
Our Privacy Policy describes how we collect, use and process the personal data from you and your devices when you are using and accessing our Site and Services.
- Your privacy is important to us. We process your personal data in accordance with the applicable law, prevailing for the time being in force and our Privacy Policy available at cybx.in/privacy-policy. This includes ensuring that:
- INTERMEDIARY DECLARATIONS
- It may be submitted that 63 SATS is a company duly incorporated under the Indian Companies Act having its office at its registered office address. The company is an intermediary under Section 2(1)(w) of the Information Technology Act 2000. This is so as the company is a legal entity who on behalf of other persons, is receiving, storing or transmitting data or providing services with respect to said data. The company is a network service provider and hence an intermediary under the Information Technology Act 2000.
- The company has exercised due diligence while discharging its obligations as an intermediary, under the Information Technology Act, 2000.
- 63SATShas not just complied with the provisions of the Information Technology Act 2000, but also the Information Technology (Amendment) Act 2008 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and also the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and also the provisions of the Information Technology Directions, 2022.
- 63SATS, as an intermediary, has implemented and maintained reasonable security practices and procedures in accordance with the provisions of Rule 8 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. Further, 63SATSis a data fiduciary in as much as it is collecting, dealing or handling with third-party personal data of data principals. 63SATShas also put in place reasonable security safeguards in accordance with the provisions of the applicable law. That 63SATSand its top management has exercised all due diligence to prevent the commission of any offence or contravention.
- Hence, given the compliances done by 63SATSas an intermediary, 63SATS has the statutory exemption from legal liability under the provisions of section 79 of the Information Technology Act 2000. 63SATS will not be liable for any third party data made available by it on its platform, given the statutory provisions of Section 79 and Section 85 of the Information Technology Act, 2000.
- It may be noted that Section 81 of the Information Technology Act 2000 clearly states that this is a special legislation and the provisions of the same shall prevail over anything inconsistent therewith, contained in any other law for the time being in force.
- 63SATS has also complied with the provisions of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. In addition, 63SATS has also complied with the provisions of the Information Technology Directions 2022.
- That 63SATS is making the present service available on an as-is-where-is basis. 63SATS acknowledges the fact that there is no concept known as absolute security and that security is a relative term. By providing its various services, 63SATS seeks to strengthen and empower users by protecting them from all emerging kinds of mobile threats in their mobile application.
- 63SATS does not take guarantee that its product is going to completely block all cyber security threats, breaches or incidents that are likely to impact the communication device or mobiles of the users. However, 63SATS does give a reasonable assurance that 63SATS has taken appropriate all due diligence and steps in its power and possession to ensure that its services block a majority of the cyber security incidents, events and vulnerabilities that could be potentially targeting the communication device and mobiles of the users. The users, however, are always advised to keep a backup of their phones so that in the event their data on their mobiles and communication devices is contaminated, as a result of a computer contaminant or virus, then through the said backup, the users can be in a position to restore their mobile data.
- The users are further encouraged to adopt cyber security methodologies and reasonable security practices and procedures while they are dealing with third-party data in their capacity as users on their mobiles and communication devices.
- It is pertinent to note that 63SATS has already complied with reasonable security practices and procedures as stipulated under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 as well as Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011.
- 63SATS has put in place its user agreement, terms and conditions, rules and regulations as per the parameters stipulated by the law prevailing for the time being in force. It is pertinent to note that 63SATS has already appointed its own Grievance Officer, to adjudicate any grievances that any users may have in respect of services provided by the company. The grievance officer of 63SATS is Ms. Snehal Bamne and is available at the email address contact@63sats.com as also the phone +91 22 6686 3330. So, any user(s), who has any grievance in respect of any services offered by 63SATS can approach the grievance officer of 63SATS for the effective redressal of grievances. The grievance officer will be very well within its powers to go ahead and address the grievance in accordance with the mandatory provisions of Rule 3(2) of the IT Rules, 2021.
- The process for a person not being satisfied with the adjudication of the grievance by the grievance officer in terms of filing an appeal is also stipulated in the grievance redressal mechanism and policy of the company, the contents of which may are also read as part and parcel of the present document and are once again reaffirmed and reiterated and are not repeated here for the sake of brevity.
- 63SATS has also prominently published on its website, mobile and mobile based application, the rules and regulations, privacy policy and user agreement, for the consideration of the users. 63SATS has further informed its rules and regulations, privacy policy and user agreement to the users in the English language.
- 63SATS is making all reasonable efforts by itself and to cause the users of its computer resources to not host, display, upload, modify, publish, transmit, store, update or share any information that,— (i) belongs to another person and to which the user does not have any right; (ii) is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence; (iii) is harmful to child; (iv) infringes any patent, trademark, copyright or other proprietary rights; (v) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify; (vi) impersonates another person; (vii) 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 other nation; (viii) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; (ix) violates any law for the time being in force.
- 63SATS also informs its users that in case of non-compliance with rules and regulations, privacy policy or user agreement for access or usage of the computer resource of the company, 63SATS has the right to terminate the access or usage rights of the users to the computer resource immediately or remove non-compliant information or both, as the case may be.
- It is hereby specifically declared that 63SATS is an intermediary on whose computer resource information is stored, posted or published. Once 63SATS receives actual knowledge in the form of an order by a court of competent jurisdiction or once it is notified by an appropriate agency of the government or its agency under section 79(3)(b) of the IT Act, 63SATS shall not host, store or publish any information which is prohibited under any law for the time being in force in relation to the interest of the sovereignty and integrity of India; security of the State; friendly relations with foreign States; public order; decency or morality; in relation to contempt of court; defamation; incitement to an offence relating to the above, or any information which is prohibited under any law for the time being in force.
- Kindly note that 63SATS, in its capacity is an intermediary, upon receiving actual knowledge under Rule 3(1)(d) of the IT Rules, 2021 , on a voluntary basis on violation of Rule 3(1)(b) of the IT Rules, 2021, or on the basis of grievances received under Rule 3(2) of the IT Rules, 2021, any information has been removed or access to which has been disabled, 63SATS as an intermediary shall, without vitiating the evidence in any manner, preserve such information and associated records for one hundred and eighty days for investigation purposes, or for such longer period as may be required by the court or by Government agencies who are lawfully authorized.
- Kindly note that 63SATS as an intermediary is collecting information from its users for registration for its services on its computer resources. 63SATS shall retain the said user information for a period of one hundred and eighty days after any cancellation or withdrawal of his/her registration, as the case may be.
- 63SATS as an intermediary has taken all reasonable measures to secure its computer resources information contained therein, following the reasonable security practices and procedures prescribed in the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. 63SATS specifically states that while it is providing its services, 63SATS shall not knowingly deploy or install or modify technical configuration of computer resource or become party to any act that may change or has the potential to change the normal course of operation of the computer resource than what it is supposed to perform, thereby circumventing any law for the time being in force.
- However, kindly note that 63SATS as an intermediary may develop, produce, distribute or employ technological means for the purposes of performing the acts of securing the computer resources and information contained therein belonging to the company. 63SATS as an intermediary has taken and shall continue to keep on taking all reasonable measures to secure accessibility of its services to users along with reasonable expectation of due diligence, privacy and transparency.
- LIABILITY DISCLAIMER
- You expressly agree that use of the Site and the services is at your sole risk.
- The contents, information, software, products, features and services published on the Site may include inaccuracies or typographical errors. Changes are periodically added to the contents herein. 63SATS and/or its respective suppliers may make improvements and/or change the Site at any time. The Site, which is available on an as-is-where-is basis, may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. 63SATS (and its owners, suppliers, consultants, advertisers, affiliates, partners, employees or any other associated entities, all collectively referred to as associated entities hereafter) shall not be liable to user or member or any third party should 63SATS exercise its right to modify or discontinue any or all of the contents, information, software, products, features and services published on the site.
- 63SATS and/or its respective associated entities make no representations about the suitability of the contents, information, software, products, features and services contained on the Site for any purpose. All such contents, information, software, products, features and services are provided “as is” without warranty of any kind. To the extent permissible by applicable law, 63SATS and/or its associated entities hereby disclaim all warranties and conditions with regard to these contents, information, software, products, features and services, including all implied warranties and conditions of merchantability, satisfactory, quality, fitness for a particular purpose, title, non-infringement, and availability.
- The Site and the Services, including MTD (by Zimperium) and Voice Cloud Services (by Zego) are provided on an “as is” basis without warranty and liability upon 63SATS of any kind, either express or implied, including without limitation, any warranty for information, data, services, uninterrupted access, or products provided through or in connection with the Service. Specifically, 63SATS disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, usefulness, or content of information, products or services; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, or under any other cause of action. However, we are committed to implement reasonable security safeguards to prevent personal data breaches. In case of a breach likely to cause harm, we will notify the applicable statutory authorities as required by applicable prevailing law.
- In no event shall 63SATS (including its and their officers, directors, employees, affiliates, group companies, agents, representatives or subcontractors) and/or its associated entities be liable for any indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Site and/or the Services or any consequences arising out of information submitted by you or with the delay or inability to use this Site and/or the Services, or for any contents, information, software, products, features and services obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, strict liability or otherwise, even if 63SATS or any of its associated entities has been advised of the possibility of damages.
- In no event will our total cumulative liability to you in connection with the services and the site for all damages, losses and causes of action (whether arising under contract or otherwise) arising from or relating to your use of the services and the site or arising from these terms exceed the subscription fees paid by you to us for availing the services. In any case, limitation of liability shall not extend to subscription fees.
- EQUIPMENT AND OPERATION
- You shall provide and maintain all telephone/internet and other equipment necessary to access and use the Site, and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access the Site. You should ensure your devices are not infected with spyware, malware, virus or any computer contaminants or used for unauthorized intrusion into the Site. Use of the Site must comply with all applicable prevailing laws.
- NO UNLAWFUL OR PROHIBITED USE
- As a condition of your use of the Site and Services, you will not use the Site and the Services for any purpose that is unlawful or prohibited by these Terms, other applicable terms and conditions, and notices. You should not use the Site and the Services in any manner that could damage, disable, overburden, or impair any Site’s server, or the network(s) connected to any server, or interfere with any other party’s use and enjoyment of any Services or the Site. You must not use the Site to process or collect personal data in a manner that violates the DPDP Act. Any misuse of data through this platform may subject you to penalties under the DPDP Act and the Information Technology Act.
- LINKS TO THIRD PARTY SITES
- The Site and the Services may contain links to third party websites or platforms. These links will allow you to leave the Site. The linked sites are not under the control of 63SATS. 63SATS has not reviewed, nor approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site, or any changes or updates to a linked site. The inclusion of any linked site does not imply endorsement by 63SATS of the site. 63SATS provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators, unless otherwise specified You are responsible for reviewing and complying with the privacy policies, data practices, and terms of such third-party sites. We disclaim all liability for any collection or misuse of your personal data by such third-party entities Any dealings with third parties (including advertisers) included within the services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the third party. The Company will not be responsible or liable for any part of any such dealings or promotions.
- Through the Site (and by other means), 63SATS may, from time to time, offer services, products and/or features that are provided by third parties not affiliated with 63SATS, such as insurance products. These products and services are offered by third parties and are subject to their own terms and conditions and policies.
- You understand and agree that 63SATS is not responsible for your purchase, access to or use of such third-party products and services, including their subscription or payment requirements, their content, features, pricing, equipment requirements, terms and policies, or any other aspect of the third-party product or service, or for the use, storage or disclosure of information that you provide to such a third party. You assume all risks associated with such third-party products and services. 63SATS’provision of links or other direct access to a third-party service provider or product supplier does not imply endorsement by the Company of the third-party product, site, service or its contents, or affiliation with its operators.
- 63SATS disclaims all responsibility for your engagement with such third-party services, including pricing, data handling, or breach of obligations by such third parties. You alone are responsible for reviewing and abiding by the terms of any such third-party offering.
- You expressly acknowledge that you assume all responsibility related to the security, privacy, and confidentiality risks inherent in sending any content or information over the internet or providing personal information to a third party. If third parties share information with us regarding your usage of their services, such information will be processed by us in accordance with our Privacy Policy and applicable law.
- INDEMNIFICATION
- YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS 63SATS (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, GROUP COMPANIES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FROM ANY AND ALL CLAIMS AND LOSSES IMPOSED ON, INCURRED BY OR ASSERTED AS A RESULT OF OR RELATED TO: (a) your access and use of the Site and the Services, (b) any non-compliance by user with the terms and conditions hereof; or (c) any third party actions related to users receipt and use of the information, whether authorized or unauthorized. This includes any misuse of personal data or violations of applicable data protection or cyber laws by you.
- CONFLICTING TERMS
- If there is any conflict between these Terms and other documents, these Terms shall govern, whether such order or other documents is prior to or subsequent to these Terms, or is signed or acknowledged by any director, officer, employee, representative or agent of 63SATS.
- ATTORNEY’S FEES
- If 63SATS takes action (by itself or through its associate companies) to enforce any of the provisions of these Terms, including collection of any amounts due hereunder, 63SATS shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney’s fees and any costs of any litigation.
- MISCELLANEOUS
- Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. These Terms may only be amended in a writing signed by 63SATS.
- These Terms and the Privacy Policy constitute the entire agreement between you and 63SATS with respect to the access and use of the Site and the Services, and no other agreement, written or oral, exists between you and 63SATS. By using the Site, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and remain enforceable.
- The failure to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- The Terms are personal to you and are not assignable or transferable by you except with our prior written consent. We may assign, transfer or delegate any of its rights and obligations hereunder without your prior consent.
- No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and neither party has any authority of any kind to bind the other in any respect.
- All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
- We shall have no liability to you under these Terms if we are prevented in performing our obligations under these Terms, by acts, events, omissions or accidents beyond our reasonable control provided that You are notified of such an event and its expected duration.
- These Terms shall not prevent us from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under these Terms.
- GRIEVANCE REDRESSAL
- Any complaints or concerns with regards to content or to report any abuse of laws or breach of these terms may be taken up with the designated grievance redressal officer as mentioned below via post or by sending an email to the respective email id.
- Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated grievance officer as mentioned below via in writing or through email support@cybx.in Postal Address: [Insert office address of the Grievance Officer] The Grievance Officer will acknowledge your complaint within 24 hours and respond within 7 working days, as per applicable rules.
- TERMINATION
- These Terms and the license rights granted hereunder shall remain in full force and effect unless terminated or cancelled for any of the following reasons: (a) immediately by 63SATS for any unauthorized access or use by you (b) immediately by 63SATS if you assign or transfer (or attempt the same) any rights granted to you under these Terms; (c) immediately, if you violate any of the other terms and conditions of these Terms; and (d) upon expiry of your subscription of the Services. 63SATS may also terminate your access if required to do so under applicable laws, including in cases of breach of the provisions of applicable law prevailing for the time being in force. Termination or cancellation of this Agreement shall not effect any right or relief to which 63SATS may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will terminate and revert to 63SATS. Unless otherwise required by applicable consumer protection laws, any subscription fees paid will be non-refundable upon termination.
- GOVERNING LAW AND DISPUTE RESOLUTION
- These Terms are exclusively based on and subject to Indian law. You agree to submit to the exclusive jurisdiction of the competent courts located in Mumbai, Maharashtra, India, for any disputes arising from or relating to these Terms, use of the Site, or the Services. Use of the Site and the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
- DELAYS IN SERVICES
- 63SATS (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes.
- This includes service interruptions due to system upgrades or data breach incidents necessitating temporary suspension or restoration of services in compliance with the applicable laws.
- 63SATS shall not be liable for Site or Service inaccessibility during such periods.
- SUPPLEMENTAL TERMS FOR INSURANCE
- Please note that 63SATS is merely a facilitator and does not endorse or promote the cybersecurity insurance. 63SATS is neither an insurance broker nor a registered third party acting as an intermediary between you and the insurance company. You are required to pay all the premiums and costs in relation to your cybersecurity insurance policy to 63SATS, and will be included in your subscription fees. Upon regular and timely payment of the premium under your cybersecurity insurance policy, the insurance policy will be issued to you directly by the third party insurance company. The cybersecurity insurance policy will come into force only after full payment of the premium chargeable by the third party insurance company and successful completion of KYC by the third party insurance company.
- You are responsible for complying with the terms and conditions under your cybersecurity insurance policy including but not limited to paying the premium for your insurance policy in a timely manner. 63SATS is not responsible for any claims made by you under the cybersecurity insurance policy issued to you by the insurance company or responsible for settling, facilitating or assisting you in this regard.
- We encourage you to read the insurance policy document carefully and avail the free look facility in case the terms and conditions of the insurance policy document do not match your insurance requirements.
- You hereby represent and warrant that all personal information, statements, answers and/ or particulars given by you are true and complete in all respects;
- You understand that the information you provide will form the basis of the cybersecurity insurance policy that will be issued to you by the third-party insurance company. Therefore, it is important for you to ensure that any information you provide on the Site is accurate and true. You hereby warrant that you will notify the third party insurance service provider in writing if there is any change in the information provided by you for availing the cybersecurity insurance policy.
- The personal information regarding you collected by the third party insurance company will be governed by the terms and conditions and Privacy Policy of such third party insurance company. 63SATS is not responsible for any personal data collected by the third party insurance company from you.