Terms and Conditions

Terms and Conditions

This page states the Terms and Conditions under which you (Visitor) may visit this Website http: www.CYRUS.in (hereinafter referred to as 'Website'). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit the Website. CYRUS RECHARGE SOLUTIONS under the brand name “CYRUS” reserves their respective rights to revise these Terms and Conditions at any time by updating this post. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all Visitors of this Website. The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. In using this Website or the Services by CYRUS, you are deemed to have read and agreed to the following Terms and Conditions.

The following definitions apply to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:

"Client", "API Partner","You" and "Your" refers to you, the person accessing this website i.e. the Visitor.

DEFINITIONS: CYRUS brand belongs to 'CYRUS RECHARGE SOLUTIONS’, a company incorporated under the provisions of Companies Act, 1956 having its registered office at CYRUS RECHARGE SOLUTIONS, 84/248, Madhyam Marg Mansarovar, Jaipur, Raj 302020 and includes its successors and assigns. CYRUS owns and manages the Website https://cyrusrecharge.com and https://cyrusrecharge.in 'Service' refers to the API Service and other services that may be offered by CYRUS under the brand name CYRUS on this Website under this TERMS OF USE.

Merchant/Partners refers to the person or entity with whom CYRUS has valid agreement for participation in the Service offered on this Website by CYRUS.

Customer refers to the person or entity who has made payment to the Merchant/Partners using CYRUS API Services.

Payment Account refers to any valid account of the Customer, including the bank accounts maintained with any bank or financial institution, from which the Customer has made payment to the Merchant/Partners, in consideration of goods and services purchased by the Customer.

Payment Instruction refers to instruction given by the Customer using the CYRUS Service for effecting payments to Merchant/Partners.

Business Day means Monday through Friday, excluding Banking holidays. Due Date refers to the date by which the Merchant/Partners should receive the payment of the bill. Payment Date refers to the date the Merchant/Partners actually receive the payment of the bill after due processing of the Payment Instruction set up by a Customer. Pay On Date or Scheduled Date refers to the date for which the Customer has scheduled the Payment Instruction(s).

COMMUNICATIONS:

You accept that CYRUS shall be corresponding with you in an electronic mode and for which you have already consented by accessing this Website. Communication from CYRUS shall be by means of an e-mail or by posting any notices on this Website. You agree and accept that all agreements, disclosures and any other communications that we shall provide you, satisfy all the legal requirements under the relevant statutes in India. ELIGIBLE CUSTOMERS/PARTNERS In order to access and use the Service you must be an individual of at least 18 years of age who can enter into legally binding contracts under applicable law or a corporation, trust, association of persons or firm which can enter into legally binding contracts under applicable law. In case of a corporation, trust, association of persons or a firm, you must be authorised to agree to the TERMS OF USE and to access, use and avail of the Service. If you do not qualify, you shall not access or use the Service. If you are not a Resident Indian, you may access, use and avail of the Service only to the extent that the laws of India and those of your country permit you to do so. Further, your use of the Service is based on the understanding and agreement that by accessing and using the Service, you may be violating the local laws in India and/or your country. You agree that you will be solely and absolutely liable for any liability incurred by you in this regard and you will indemnify CYRUS against any liability incurred by CYRUS in this regard. Merchant/Partners REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself ("Registration Data"), your Payment accounts and Payment Instruction(s) ("Payment Data"), Merchant/Partners & payee details ("Authentication Data") and (b) maintain and promptly update the Registration Data, Payment Data and Authentication Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CYRUS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CYRUS has the right to suspend or terminate your account and refuse any and all current or future use of the Service provided on this website (or any portion thereof).

If you do not provide CYRUS with accurate, complete and updated registration information, you are not authorized to use the service and your account may be terminated immediately. You further agree that, in providing such registration information, you will not knowingly or otherwise omit or misrepresent any material facts or information and that you will promptly enter correct and/or updated Registration Data via the Service, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize CYRUS to verify your Registration Data as may be required for your use of and access to the Service offered on this Website, as applicable. Merchant/Partners ACCOUNT, PASSWORD, AND SECURITY To open an account, you must complete the registration process by providing us with your Registration Data You are responsible for maintaining the confidentiality of the Registration Data, Payment Data and Authentication Data, and are fully responsible and liable for all activities that occur under your password or account or Secret Key. You agree to: (a) immediately notify CYRUS of any unauthorized use of your password or account or Secret Key or any other breach of security, and (b) ensure that you exit / log-out from your account after every time you use the Website. Any transaction or activity pursuant to use of your account or password shall be deemed to be your transaction or activity and CYRUS shall have no obligation to verify the authenticity of any such transaction or activity. CYRUS does not assume any responsibility and cannot and will not be liable for any loss or damage arising from your negligence or failure to exit or log-out your account.

If you forget your password, you can request for a new password. On CYRUS being satisfied with your identity (which satisfaction shall be entirely at the discretion of CYRUS), CYRUS shall communicate a new password to you at the e-mail address registered by you with CYRUS. You shall be responsible for continuing to maintain this email address. CYRUS shall not be liable if it declines to furnish the password by reason of it not being satisfied as to your identity.

For your security reasons you have to change this new password as soon as it is received by you, and until then this password shall be deemed to be your password and you will be responsible and liable for all transactions or activities pursuant thereto. Upon generation of the new password, CYRUS shall discontinue the use of the old password. However, you shall be responsible and liable for all transactions that are carried out by the use of the old password, till the time of discontinuation of the old password. Notwithstanding anything stated elsewhere in the TERMS OF USE, and despite correct use of your Merchant/Partners account and password, CYRUS shall be entitled in its sole discretion (but shall not be bound) to seek offline and/or additional written or other confirmation from you of any instruction, transaction or activity as CYRUS may deem fit. USE You are not allowed to modify, copy, distribute, transmit, display, reproduce, publish, license, sell or transfer any information contained in this site. Use does not mean usage of your username and password by person other than you whether knowingly or negligently. In case of use of your username and password by a person other than you and which comes to the knowledge of CYRUS, CYRUS expressly reserves the right to terminate your use without assigning any reason and which shall be binding upon you. You may not access this Website and operate on any false e-mail id for the purpose of gaining access into this Website for your personal use.

API Panel Terms and conditions:

• All API Services are offered by “Cyrus Recharge Solutions” a Venture of (C4 Group of Companies) • All API (Application Programming Interface) are 3rd party Operators / Banking Fintech Services and work according Policy and norms from providers. • Cyrus has provided an Advance Panel to manage all API Services, Settings, Transactions, Developer Tools, Call Back Setup Etc. Etc. • All APIs services works on live mode only, Except Few as Staging mode available in some APIs and details are there in API Document • Free Technical Support – CYRUS will provide free Integration support for any Issue in integration for one year time from the date of API Activation and API Partner need to get support one by one Against the APIs and will keep the single point of communication for better support. • API Partner will use the APIs for legal purpose as per the Govt. Rules and Regulations, under Guidelines of Service provider / Banks / RBI / NPCI / BBPS / PSUs/ Regulatory Authorities and Telecom, Travel Service Operators etc.. • All disputes arising in regard to any term of this agreement should be settled amicably by parties. Otherwise parties can take option of approaching Court for settlement of dispute. This agreement is subject to the jurisdiction JAIPUR (Rajasthan) only. • The Products and/or Services offered on CYRUS website consist of Recharge Solution From API, but not limited to, mobile, dth, data card recharge services. The Products and/or Services consist of an internet browser interface data encryption, data transmission, data access, data storage and, if applicable, synchronization software and/or application programming interface access. The Users shall be held responsible for obtaining and maintaining all computer hardware, software and communications equipment that are needed to access the Products and/or Services, and for paying all the chargeable access charges (e.g., ISP, telecommunications) that are incurred while using the Products and/or Services. • CYRUS reserves the rights to modify/change any Package Cost/Margin/Surcharges anytime with prior notification to their customers on API Dashboard News Section. • CYRUS also reserves the rights to terminate/suspend any of their customer account on violation of terms, Policies or misconduct, misbehaviour or if found suspect of any fraud or cheating, Inactive Since 6 month. No wallet reversals and adjustment will be provided in all cases. • As per the standard practice we provide Last 60 Days report access and client can export their data backup time to time as we do not take any such responsibility in case of any issue from data centre. so we advise to take regular report backups if required, or can make us to get such reports and we provide based on availability. • In Case if there is any issue with any Services then users can write us mail on support@Cyrustechnoedge.com. Cyrus provide GST Invoices every month for Billing Model P2P and Debit note for P2A Services after 12th of every month and will be available for download any time on panels. • In case if account closure request received then Cyrus can settle the accounts after cleance of any dues or as per the NPCI TAT against the services like UPI/Payout etc.

Payout Service:

• Payout offers payment services in form of IMPS / RTGS / NEFT / UPI / Paytm / AmazonPay wallet Etc for the Settlements to Agents / Vendors / Employees. • API PARTNER can use this API against the AePS/M-ATM/UPI Collect Settlements for Merchant (B2B), disbursal of Salaries, Vendor / • Partners/Service Provider Payments, Refund to merchant/partners, Loan Disbursal (Only if Valid NBFC Licence Holder), Cashback/commissions Credit to merchant/partners. • Payout Services can not be used for any Money Rotations, Gaming, Currency Exchanges, Coins and Crypto, MLM (Without Direct selling Licences), Money Transfer (DMT) for customers, Any Kind of illegal Loan Distributions without NBFC.Payout Services can be used by Fintech/Credit Society / Nidhi / NBFC / MLM companies for their Settlements with proper business licences and upon Valid KYC measures. • API Partner need to Validate the merchant with proper KYC and Validate its primary bank account for settlement (Follow one Primary Account for one merchant policy). • Such APIs can not be used for reselling Purpose.

UPI/Virtual A/c eCollection Services:

• It can be used to collect Funds from the Agents (B2B Model) Against the purchase or funds in their virtual wallet. • API Partner need to Register and get One Master UPI ID and QR code to collect funds for himself only not for your service users in Ewallet given by Cyrus, and API Partner can use maximum 2 of his own UPI ids to collect funds by using that QR with the limits given by Bank or NPCI. • API Partner need to Register their Agents (B2B Model) with valid eKYC and get the Sub UPI ID and QR code so their Merchants can Collect funds for himself in wallet given by API Partner against the legal goods/service purchases. • API Partner's every Agent need to whitelist maximum 2 of their UPI IDs to collect funds. • eCollection Gateways are not for collecting the funds from anyone's Customer (B2C model) or not for mass public domain. • eCollection Gateways can not be used for any illegal purpose like money Launderings, Games, Coin & Crypto, lottery and many more. In case if any such thing comes under audit of accounts or any suspicious activity found then the API account can be suspended or terminated immediately with or without information. • In case if Funds added with non whitelisted UPI IDs / Pending Compliances / KYC / Agreements / unauthorised use of APIs, there will be a penalty of Min Rs. 100 Against any such trnx if received. • Such APIs can not be used for reselling Purpose • Cyrus can ask for any Merchant's Consent letter (Agent Collection Trnx) any time in case if any complaint received or any suspicious activity found and API Partner solely responsible to avail the same within the given TAT to avoid hold/LIEN/Adjustment of funds.

Chargeback/Fraud Terms:

• Chargeback is a dispute against a particular transaction raised by the consumers/End user. • A chargeback is a provision by banks and card networks such as Visa & MasterCard to protect buyers from unauthorised or fraudulent payments. • API Partner's or their Merchants must need to maintain the proper Register with all client details, KYC details of the customers to avoid such situations. • As per NPCI Guidelines a consumers having 260 days to file a dispute, and the issuer must respond within given timeline after receiving it. • CYRUS with mark the transaction Amount + Expected Penalty amount as Lien and in case of Fraud the wallet account can be marked as freeze till the dispute clearance. • API Partner's must need to investigate and resolve the chargeback / Fraud dispute and need to submit the required documents along with Merchant & Customer's Consent letter self-attested within the given TAT to avoid as deemed accepted, Pre Arbitation and Arbitration as in such cases NPCI penalty will be chargeable along with the transaction amount. CYRUS can adjust the amount with penalty once the chargeback got accepted. • In case if user is not having pre-balance in wallets and chargeback/Fraud complaint comes in then we reserve all rights to take legal action against the API Partner for recovery of transaction Amount, Penalty & all Legal Expenses.

Lien/Hold/Freeze:

• In case if any chargeback complaint then the wallet can be marked as LIEN • In case if any Terms violation / not adhere with the terms of agreement / pending Compliance after TAT the wallet can be marked as HOLD • In case if any Fraud Complaints or wrong use case of services or any suspicious activity then the wallet can be marked as freeze or services can be suspended also.

Other Terms and conditions:

• Recharge Operator Services are running on Lapu/Mix mode for maximum margin & maximum uptime. • Bill Payments Services are running on BBPS (Bharat Bill Payment System) System and Non BBPS Mechanism for few offline Services. • In case if any downtime in primary API , we have provided a facility to switch to secondary mode, so client can check the margins on that Secondary API and choose to switch for betterment. • Secondary mode given to achieve highest success ratio and services works in direct mode to achieve highest success ratio Note:- This is Additional service provide by Cyrus to API user free of cost and this is not mandatory to use, this is optional services use according to your convenience. • Recharge Status will be as follows: SUCCESS / FAILED / PENDING / QUEUE • In case if any Trnx status as "Pending" From operator then such trnx gets auto clear and we provide hit on call back URL to client on our API Panel. in case if any trnx is pending for more then 12 hrs and not cleared then write mail to us on support@Cyrustechnoedge.com. • For any technical issue / Transaction Related concerns then you can write Email us at: support@Cyrustechnoedge.com with CyTranxID / Related Trnx id for that service. • In case if any dispute related to any transaction then Cyrus team will check and provide valid solution, so client always need to co-operate as these are 3rd party services and need time check @ operators end. • AEPS/mATM/UPI eColl = All Success Transactions amount will be credited in AEPS Wallet as Separate wallet given for the same. • AEPS/mATM/UPI eColl = Client can use Settlement options for the aWallet to eWallet without any Charges (24*7) or Bank withdrawal (24*7) and Transaction Charges applicable. • In case if any mistake in balance credit / Debit or mistakenly refunded any success trnx and company reserve all rights to reconcile any trnx and reverse later.

eWallet Balance Request Process:

• You can Take Fund via UPI QR Scan which is given on Home page, click here and scan that QR from any of your APPs like (Paytm /PhonePe / Gpay Etc.) • You can make the payment to our Bank Account given on Dashboard via NEFT/ IMPS/RTGS/, No Cash Transactions are allowed. • After making the fund add a fund Request and this will be auto approved max in 5 to 15 mins time. • Call and Mail support also available in case if delay in fund approval process.

Raise Dispute Process:

• API Dashboard > Raise dispute option is given for (Recharge, BBPS Services) • API Dashboard > Raise dispute other option is given for all other services Put CyTrnxId for Raise Dispute and put the issue and click on submit button, make sure the Transaction status must be "Success" Recharge (Prepaid, DTH) Transaction must not be later then 4 days from current date, for for other services it can be later then 30 Days Or can mail us support@cyrustechnoedge.com. • Dispute Clearance is an automated process from operator end and may take Min 2 mins time to Max T+5 working days From the date of Raise Dispute, Depending upon the response from operators.

Agreement/KYC process:

• API Dashboard > My Profile section API Partner needed to complete their KYC for his Company/Firm. • API Partner need to put the correct PAN no (FIRM / Individual) for KYC as later this PAN no will not be possible to change in case if any single trnx made. • GST is not mandate for KYC, if having then need to provide and update to get GST inputs. • Agreement on Rs. 500 Stamp Paper, Security Cheque (Rs. 50000 without Date), Video KYC and Consent letter is mandate to use Services like (UPI/Virtual a/c eCollections, AEPS, mATM, Payout, DMT Specially)

Order Terms and process:

• Any order once placed, Client can ask for valid Order forms, Order Details, Delivery schedule, Payment terms via any mode and keep as an evidence agains the deal. • In case if any dispute arises an violation of any terms of agreement / order with is discussed earlier or client ask for additional work in scope without cost, misbehaviour, Abusing, Threatening, non completion of Compliance or KYC related requirement or any other things then there will be no Refund, Adjusted, transfer of funds or project will be allowed. • In case if Cyrus comes under violation of order, Agreement terms by their own then both party and mutually discuss for the cancelation and remedies visa-versa. • Jurisdiction for such cases will be JAIPUR (Rajasthan)

Security Rules:

You are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such visitor or logging into a server or account which the visitor is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (3) attempting to interfere with service to any visitor, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Web site, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. CYRUS and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting visitors who are involved in such violations. General Rules You shall not use this Website in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libelous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful. Links to/from other Web Sites This Website contains links to other third party websites. These links are provided solely as a convenience to you. Wherever such links may lead to sites which do not belong to CYRUS, CYRUS is not responsible for the content of linked sites and does not make any representations regarding the correctness or accuracy of the content on such third party websites. If you decide to access such linked third party websites, you do so at your own risk. Similarly, this Website can be made accessible through a link created by other third party websites. Access to this Website through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other third party websites or their aim or purpose in establishing such link/s to this Website are necessarily the same or similar to the idea, concept, aim or purpose of this Website or that such links have been authorised by CYRUS. We are not responsible for any representation/s of such other third party websites while affording such link and no liability can arise upon CYRUS consequent to such representation, its correctness or accuracy. In the event that any link/s afforded by any third party website/s derogatory in nature to the objectives, aims, purposes, ideas and concepts of this website is utilised to visit this Website and such event is brought to the notice or is within the knowledge of CYRUS, civil or criminal remedies as may be appropriate shall be invoked. You shall not create a link to any page of this Website without our prior written consent. If you do create a link to a page of this Website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Website by linking to it. CONFIGURATIONS AND MINIMUM ESSENTIALS: CYRUS does not expressly recommend any particular software, operating system, application to use and access this Website. If for any particular reason, the Website does not open or is unable to be displayed in full in the Visitor's computer, then CYRUS shall not be held liable for any act, omission or commission that may occur because of the same. It shall be your responsibility and liability to keep your computer in consonance with the latest standards so as to access this site; though latest standards cannot be defined or categorized.

INTELLECTUAL PROPERTY RIGHTS:

All the Content displayed on this Website is the sole propriety and is in the exclusive right, title and ownership of CYRUS. The copyright existing in the content on the Website as well as the Website itself is and shall always remain in the sole custody, possession, control and ownership of CYRUS. Copyright for this purpose includes registered as well as non-registered copyright. Trade mark and domain name with of this Website also vests with CYRUS. All the marks, logos, designs used in this Website are and shall always remain with CYRUS. Trade marks that have been put for registration and non registered trade marks shall also be the sole propriety of CYRUS. Any intellectual property rights arising as a result of makeover of any content provided by any Visitor, then intellectual property arising because of such makeover shall also vest with CYRUS. The Visitor to this Website grants a royalty free, exclusive and transferable right to CYRUS with respect to the content posted by him/her.

CONTESTS AND REWARDS:

CYRUS may organise various contests / promotions for the Visitors of this Website. The Visitor participating in the contest / promotion offers might stand change to win the contest or avail the offer. As per the terms of respective contest or promotion, CYRUS may give Prizes to the Winners of contest or promotion. CYRUS reserves the right in its own discretion to select the winner or Visitor eligible to be awarded and which decision shall be full, final and binding on the participants. The award or offer given away by CYRUS is not transferable and neither can be converted in cash. The Visitor will be notified by CYRUS and only the participating visitor (himself / herself) shall be eligible to claim the same from CYRUS. The award or offer will be non-transferable, non-negotiable, subject to availability and there will be no cash alternative. CYRUS reserves the right to substitute awards or offers of equal or greater value, at any time. Income tax, gift tax or any other statutory taxes, duties or levies as may be applicable from time to time, arising out of the Prizes, shall be solely borne by the Winner for the respective Prize won.

VISITOR'S PRIVACY:

It is CYRUS policy to respect the privacy of visitors of this Website. CYRUS may edit, or disclose any personal information about you or your use of the Service, including its contents, without your prior permission when CYRUS has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of CYRUS; (3) enforce the TERMS OF USE; or (4) act to protect the interests of its visitors or others. CYRUS does provide certain visitor's information in aggregate form to third parties, including its advertisers, for demographics. In addition, your Internet Protocol address is transmitted with each message sent from your account. You agree that CYRUS may access your account information, including its contents, as stated above or to respond to service or technical issues.

CUSTOMER'S PAYMENT INSTRUCTIONS

Customer's Payment Instruction(s) will be effected only after proper authentication in accordance with the prescribed procedure of Service. The Payment Instruction(s) shall be processed in the manner as may be selected by the customer while making the payment using CYRUS payment services. CYRUS assumes no responsibility and shall incur no liability if it is unable to effect any Payment Instruction(s) on the Payment owing to any one or more of the following circumstances: If the Payment Details provided by you is/are incomplete, inaccurate, invalid or delayed. If the Customer's Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s) If the funds available in the customer's Account are under any encumbrance or charge by the bank or financial institution. If your Bank or financial institution refuses or delays honoring the Payment Instruction(s). Circumstances beyond the control of CYRUS (including, but not limited to, fire, flood, earthquakes, natural disasters, bank strikes, power failures, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force). In case the payment is affected or successful, CUSTOMER will be intimated about the successful payment by sms sent to the mobile number specified by the customer in that regard. CYRUS assumes no responsibility beyond that of sending the intimation to you in this regard.

CHARGES/FEES:

In order to use the Service, you may need to use third party services, either directly or indirectly. You will be liable to pay any service fees associated with such access. In addition, you must have all equipment necessary to make such a connection to CYRUS, including an android phone and biometric fingerprint scanner. In respect of the Services rendered to you, CYRUS reserves the right to charge and recover from you certain charges/fees by debiting the Payment Account or by sending a bill to you for the amount of charges /fees. The charges / fees will vary based on the Payment Instructions or Payment Account and various charges required by the Law of the Land. You will be liable to pay these charges/fees by the date specified in that regard. Failure to pay such charges/fees on or before the specified date will render you liable for payment of interest at such rate as may be stipulated by CYRUS and/or withdrawal of the Service without any liability to CYRUS.

DISCLAIMER:

AS PROVIDED ABOVE, ALL INFORMATION, TECHNOLOGY AND SERVICE PROVIDED SHALL, AT ALL TIMES, BE ON A "AS IS'' AND "AS AVAILABLE" BASIS AND CYRUS RECHARGE SOLUTIONS HEREBY STATES THAT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE WEBSITE OR ITS OPERATION IS NOT UNDERTAKEN BY CYRUS RECHARGE SOLUTIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYRUS RECHARGE SOLUTIONS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF Merchant/Partners ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. CYRUS RECHARGE SOLUTIONS MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE SHALL BE UNINTERRUPTED, TIMELY, SECURE, freedom from computer virus OR ERROR FREE. CYRUS RECHARGE SOLUTIONS DOES NOT WARRANT OR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SERVICE IN TERMS OF ITS COMPATIBILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS AND USE OF THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ALTHOUGH CYRUS RECHARGE SOLUTIONS ADOPTS SECURITY MEASURES IT CONSIDERS APPROPRIATE FOR THE OFFER OF THIS SERVICE, IT DOES NOT ASSURE OR GUARANTEE THAT NO PERSON WILL OVERCOME OR SUBVERT THE SECURITY MEASURES AND GAIN UNAUTHORISED ACCESS TO THE SERVICE OR ANY CUSTOMER'S ACCOUNTS. CYRUS RECHARGE SOLUTIONS SHALL NOT BE RESPONSIBLE OR LIABLE IF ANY UNAUTHORISED PERSON HACKS INTO OR GAINS ACCESS TO THE SERVICE OR TO YOUR ACCOUNTS; AND YOU SHALL BE LIABLE AND RESPONSIBLE FOR THE SAME. THIS DISCLAIMER OF LIABILITY APPLIES ALSO TO ANY INJURY OR DAMAGE CAUSED BY ANY FAILURE OF PERFORMANCE, DELAY IN PROCESSING OR TRANSMISSION, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CYRUS RECHARGE SOLUTIONS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED, OR NOT SENT OR NOT RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. YOU SPECIFICALLY AGREE THAT CYRUS RECHARGE SOLUTIONS IS NOT RESPONSIBLE FOR ANY CONTENT, DATA, INFORMATION SENT USING AND/OR INCLUDED IN THE SERVICE BY ANY THIRD PART.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL CYRUS RECHARGE SOLUTIONS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS SUBSCRIPTION AGREEMENT OR (i) THE USE OF OR INABILITY TO USE ANY SERVICE,; (II) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE; WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CYRUS RECHARGE SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT POSSIBLE, THE DISCLAIMERS, LIMITATIONS ON LIABILITY AND INDEMNITIES AVAILABLE TO CYRUS RECHARGE SOLUTIONS UNDER THE TERMS OF USE SHALL EXTEND, MUTATIS MUTANDIS, TO THE AFFILIATES AND PARTNERS OF CYRUS RECHARGE SOLUTIONS AND THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, INVOLVED IN PROVIDING, DELIVERING OR MANAGING THE SERVICE (OR ANY PART THEREOF). IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.

INDEMNIFICATION:

You hereby agree to indemnify and hold CYRUS RECHARGE SOLUTIONS , its agents, contractors, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, Partners and employees, harmless from any loss suffered by CYRUS RECHARGE SOLUTIONS as a result of a breach of the terms and conditions of this agreement by you and from any claim brought by third parties alleging that use of the Service by you or under your account has infringed any intellectual property or other right of any kind, or any applicable laws or regulation. You shall pay all costs, damages, awards, fees (including legal fees) and judgments awarded against CYRUS RECHARGE SOLUTIONS arising from such claims, and shall provide CYRUS RECHARGE SOLUTIONS with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.

WAIVER :

No failure or delay by CYRUS RECHARGE SOLUTIONS in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.

NON-TRANSFERABILITY:

You agree that the Service provided to you is not transferable under any circumstance and shall be used only by you. You further acknowledge, agree and confirm that CYRUS RECHARGE SOLUTIONS shall have the right to transfer, assign or sell all its rights under this TERMS OF USE, and that the Mandate given by you in favour of CYRUS RECHARGE SOLUTIONS shall continue to be in force and ensure for the benefit of the successors and assigns of CYRUS RECHARGE SOLUTIONS

SEVERABILITY:

If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. NOTICES, TRANSACTION RECORDS AND ELECTRONIC DISCLOSURES Notices to you may be made via either email or by delivery by hand /regular mail to the address provided by you. CYRUS RECHARGE SOLUTIONS may be required to provide to you certain disclosures and notices, which are mandated by various laws and rules and transaction related notifications such as receipt of bill details, payment advices, payment return advices etc. You acknowledge and agree to receive all such disclosures and notifications electronically, which, in most cases, will be done through the Internet. If, for any reason, you do not wish to receive the disclosures electronically, you must advise CYRUS RECHARGE SOLUTIONS immediately. In such an event, CYRUS RECHARGE SOLUTIONS reserves the right to discontinue/terminate the provision of the Service to you, in whole or in part. You acknowledge that CYRUS RECHARGE SOLUTIONS shall have no liability or obligation to keep a record of the transactions carried through the Service and/or to provide information to you or for verifying your Payment Instructions, other than records required to be kept or information required to be provided statutorily by CYRUS RECHARGE SOLUTIONS. You acknowledge that CYRUS RECHARGE SOLUTIONS does not pre-screen the data presented by Payees(s), but that CYRUS RECHARGE SOLUTIONS shall have the right (but not the obligation) in its sole discretion to refuse or curtail any content/data that is available via the Service. Without limiting the foregoing, CYRUS RECHARGE SOLUTIONS shall have the right to remove any content/data that violates the TERMS OF USE or is otherwise in violation of any contract entered into by CYRUS RECHARGE SOLUTIONS. You agree that you must evaluate, and bear all risks associated with, the use of any content/data, including any reliance on the accuracy, completeness, or usefulness of such content/data.

GOVERNING LAW:

The laws of India govern these terms and conditions. In case of any dispute, the dispute shall be settled by Arbitration as per the provisions of Arbitration and Conciliation Act, 1996. Subject to Arbitration, the courts of Mumbai shall have exclusive jurisdiction. CYRUS RECHARGE SOLUTIONS accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that you are in a country other than India accesses the Service does not imply that the laws of that country govern these terms and conditions or the use of the Service.