onQloud Terms Of Use

This document is an electronic record in terms of Information Technology , 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the Website.

These Terms of Use along with the Vendor End-User License Agreement, Privacy Policy, Cookies Policy and Disclaimer (“Terms”) provided on the (as defined below) govern your use of the Website, links, content, software including but not limited to the Services, any and all services offered on the Website titled ‘OnQloud Technologies LLC’.

These Terms govern your use of this ; by using this Website, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use this Website.

The ‘onQloud Technologies LLC’ or “the Company” ‘us’ or ‘we’ refers to the owner of the Website whose registered office is 2315, Churchill Towers, Business Bay, Dubai, United Arab Emirates.  

The Company’s services include third-party enabled services such as software as a service and/or platform as a service thereby providing data security, data storage, data management, data availability/access, cloud storage and other proprietary services that belong to third parties or licensors and further subject to an End-User License Agreement respectively. Additionally, the Company may suggest data to be stored with a third-party service provider and location of such data storage. (Collectively referred to hereinafter as “Services”)

The term ‘you’ refers to the user, viewer and customer/subscriber of this Website. The use of this Website is subject to the following terms of use:

Please review these Terms carefully before using the Services because they affect your rights.  By using any of the Services, you accept these Terms and agree to be legally bound by them.

1. ALTERATIONS TO THE TERMS OF USE:

We may change these Terms at any time without notice. You can review the most current version of these terms by clicking on the “Terms of Use” hypertext link located at the bottom of our web page on the Website. You are responsible for checking these Terms for changes periodically. If you continue to use the Website after we post changes to these Terms, you are signifying your acceptance of the updated Terms.

2. RIGHT TO CHANGE:

We reserve the right to discontinue or change any service or feature on the Website at any time and without notice.

3. YOUR RESPONSIBILITIES/LIABILITIES:

You may use the Website for lawful purposes only. You may not submit or transmit through the Website any material, or otherwise engage in any conduct that:

1. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. impersonates any person, business or entity, including the Company and its employees and agents;
5. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
6. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
7. Violates these Terms of Use, guidelines or any policy posted on Website, or interferes with the use of the Website by others.
8. You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and engagement of Website.
9. You may not attempt to gain unauthorized access to the Services, any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce the Terms.

4. SPAM:
   You may not use the Website or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including but not limited to e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Website to violate the terms of this section. We may terminate your access or use of the Website immediately and take any other legal action if you, or anyone using your access to the Website violates these provisions and/or the Terms. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.

5. PROPRIETARY RIGHTS
   1. We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video, etc. (“Content”) on the Website own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our colour combinations, button shapes, and other graphical elements on the Website are our trademarks.

1. This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics and its reproduction is prohibited.

6. LICENSE TO USE

a. Unless otherwise stated, the ‘onQloud Technologies LLC’ own the intellectual property rights in the Website and material on the Website save and except any third-party enable software as a service and/or platform. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.

b. Access to, and use of your user account is strictly limited to you as the registered and authorized user. Accordingly, you should not share your username and password with anyone. Prior to making a purchase, you must check a box certifying that you (1) are the registered and authorized user of your user account, (2) are at least 18 years old, and (3) are completing a purchase from any location.. Failure to comply with any of these requirements will result in forfeiture of all winnings.

c. You must not:

1. republish material from this Website (including republication on another website);
2. sell, rent or sub-license material from the Website;
3. show any material from the Website in public or any other public medium;
4. reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose; re-distribute material from this Website except for content specifically and expressly made available for redistribution;
5. Where content is specifically made available for redistribution, it may only be redistributed within your organization; and/or
6. Any such use of the Website and/or its material, otherwise which shall be opposed by us.

d. On request of registration information from you to set up a user account on your management console/dashboard, you must provide us with accurate and complete information and must update the information when it changes.

e. You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone. You accept responsibility for all activities, charges, and damages that occur under your account, including unauthorized use of your account.  If you have reason to believe that someone is using your account without your permission, you should contact us immediately.  We are not responsible for any loss or damage resulting from unauthorized use.

f. The user or viewer shall be responsible and accountable for maintaining the complete set-up of back-end IT infrastructure, support systems, internet connectivity, bandwidth accelerator and monitoring and/or any components or services related to the IT infrastructure as per the pre-requisites of the Company for access to the Services.

g. The user or viewer shall bear all data charges for the use or view of the Website as charged by their respective network carrier/s.

h. We store and process your information including any sensitive personal, health and financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available www.onqloud.com/privacy-policy. If you object to your information being transferred or used in this way please do not use the Website.

i. In event of any query raised to the Company regarding the use of the Website, the Company shall make best efforts to respond within 4-6 business hours of receipt of such query. However, such query shall be resolved subject to the terms of the third-party service provider/vendor as applicable.

j. You acknowledge that we:

1. 1. are not the owner of the Services being offered;
   2. will only get involved with any dispute between _third-party vendor_ and _customer_ to the extent specified; and
   3.  are not responsible in any way if any offers displayed and subsequently sold via this Website prove unsatisfactory.

7. SUBSCRIPTION

a. The Company shall charge fees for subscribing to complete access to the Services made available by the Company. This shall be valid for a period as per the subscription plan chosen through the Website by the subscriber. The subscriber may choose to cancel the subscription at any time subject to the cancellation and refund policy below.

b. A subscription can only be deemed to have completed once the following condition has been met – The Company has been paid in full for their services and can confirm this by providing evidence of cleared funds from the concerned subscriber in the Company bank account.

c. If the subscriber believes that the Company has billed the subscriber incorrectly, subscriber shall contact the Company within (three) 3 working days from the issue of such bill, in order to receive an adjustment or credit, if found valid. Refunds are on a case-by-case basis and at the Company‘s sole discretion.

d. If the subscriber does not renew timely, third-party vendor termination policy will be automatically applicable on customer’s data management, availability, and security policies respectively. It is advised that the customer must renew 30 (thirty) days before the expiry of the subscription term to avoid any loss of data and/or as per terms of such third-party storage provider, if applicable.

e. Any termination request of the subscription before expiry of the subscription period is subject to respective third-party vendor policy. Expiry, renewal, termination, suspension or resumption of the subscription term shall be additionally subject to third-party service provider/vendor terms and conditions.  Upon expiry, data handling and transfer shall be as per applicable third-party service provider/vendor terms.

8. SECURITY RULES:

a. Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.

b. This Website is designed for parties who can legally make binding contracts under applicable law. Therefore, minors using, accessing, or registering as a user on this Website shall be deemed to be using this Website with the valid consent of an adult guardian and such guardian shall be considered a party to the Website.

c. You are also expected to follow all laws and regulations that may be associated with any of the activities involved with the use of the Website. You are also expected to pay for any statutory fees or applicable taxes that may be associated with the activities from this Website.

9. UPGRADES/DOWNGRADES/CREDITS/REFUNDS:

a. If the customer upgrades to a higher value plan, the customer is charged the new plan rate on a pro-rata basis to be included their next scheduled billing cycle. All annual accounts are pre-paid in full at time of purchase or upgrade.

b. No credit i given if customer downgrades to a lesser value plan within scheduled subscription period.. The value of the plan may be downgraded in the next billing cycle based upon customer request and order plan selected.

c. All new charges are applied to next billing cycle.

d. Upgrades occur immediately at time of upgrade order request. Customer agrees and acknowledges there is no downgrading of an account in the same billing cycle as an upgrade.

e. If the customer chooses to cancel their account they must cancel before next billing cycle to avoid scheduled charges. No refunds shall be granted for any reason whatsoever unless third-party service providers agree otherwise. The Company shall be accountable only for raising a request for such refund with the concerned third-party service provider.

f. Additionally, any maintenance of the Services are subject to the terms of third-party service providers/vendors and as per the terms applicable respectively.

10. MONITOR:
    You agree that we are not liable for the Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.

11. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please contact us to report the possible copyright infringement.

12. HYPERLINKS
    Website may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on Website are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser. You may not create a link to this Website from another Website or document without the Company’s prior written consent.

13. DISCLAIMER OF WARRANTIES:

a. We provide the Website “as is” and “as available.” We make no express warranties or guarantees about the Website. To the extent permitted by law, we and our suppliers and affiliates disclaim implied warranties that the Website and all software, Content, Services, any services and products distributed through the Website are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing.

b. Without prejudice to the generality of the foregoing paragraph, we donot warrant that:

c. this Website will be constantly available, or available at all; or

d. the information on this Website is complete, true, accurate or non-misleading

e. Nothing on this Website constitutes, or is meant to constitute, advice of any kind.

14. LIMITATION OF LIABILITY:

Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Website. Our liability, or the liability of our affiliates and our suppliers for any and all claims relating to the use of the Website is limited to 2% of the subscription fee paid We, our affiliates, and our suppliers shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Website, Services, services provided through the payment gateway on the Website or any other services of the Website arising from your use of, inability to use, or reliance upon Website. The Company, its associates, affiliates, service providers and technology partners make no representation or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided or on through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. The company provides no guarantee to its users in respect of the products sold on the Website. We assume no liability whatsoever for any monetary or other damage suffered by you due to delay, failure, interruption, security breach  or corruption of any data or other information transmitted whether via network or otherwise in connection with the use of the Website. The Company shall  not be held liable for any third-party enabled services including without limitation data sovereignty, cloud storage services which may lead to data damage and/or sabotage and/or business losses.

15. INDEMNIFICATION:
    Upon a request by us, you agree to defend, indemnify, and hold harmless us and our affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, demands and expenses, including attorney’s fees, and penalties imposed, if any, that arise from your use or misuse of the Website, breach of the Terms including rules and policies incorporated herein under any applicable law.

16. INTERNATIONAL :

We make no representation that the Content on the Website is appropriate or available for use in locations outside India, and accessing it from territories where the Content is illegal and/or prohibited. If you choose to access the Website from a location outside India, you do so, on your own initiative and you are responsible for compliance with local laws.

17. BREACHES OF THESE TERMS OF USE:

a. Without prejudice to the Company’s other rights under the Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your Internet Protocol address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

b. Further, it is clarified that unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offense.

18. SEVERABILITY:
    This contract and any supplemental terms, policies, rules and guidelines posted on Website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

19. TERMINATION:
    Your right to use the Website automatically terminates if you violate these Terms or any rules or guidelines posted in connection with the Website. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Website, for any reason, with or without notice.

20. GOVERNING LAW AND JURISDICTION:

a. These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of India and in Mumbai shall have the exclusive jurisdiction.

b. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.

21. MISCELLANEOUS:

a. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

b. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Website, such as a particular “Legal Notice,” or software license or material on particular web pages, these Terms constitute the entire agreement between you and us with respect to the use of the Website.

c. No changes to these Terms shall be made except by a revised posting on this page.

If you do not agree to these Terms, you should immediately cease using the Website.  If you want to delete your account on the Website, please use contact instructions posted on the Website at which you obtained the account.