Last Updated on Oct 9, 2023.
PLEASE READ THE FOLLOWING TERMS OF USE (THE “TERMS”) VERY CAREFULLY, AS YOUR USE OF THE WEBSITE (AS DEFINED BELOW) IS SUBJECTED TO YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE FOLLOWING TERMS.
BY CLICKING ON THE ‘I AGREE’ (OR A SIMILAR BUTTON) OR BY DOWNLOADING OR INSTALLING, REGISTERING, CREATING AN ACCOUNT, ACCESSING OR OTHERWISE USING THE WEBSITE IN ANY MANNER, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.
THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO ALL OR ANY OF THESE TERMS, DO NOT PROCEED TO USE, ACCESS OR REGISTER ON THE WEBSITE. IF YOU CONTINUE TO USE THIS WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS, WHICH ALONG WITH THE PRIVACY POLICY (“PRIVACY POLICY”) GOVERN YOUR RELATIONSHIP WITH US.
1. Definitions
a. The term “CloudKaptan Consultancy Services Pvt. Ltd”, “CloudKaptan” “We”, “Us”, “Our” shall mean and include CloudKaptan Consultancy Services Pvt. Ltd having its registered address at Greenwood Sonata, HIG-3, 9H, New Town, Kolkata - 700157, India.
b. “User”, “You”, “Your” shall mean and include any person who visits, downloads, installs and uses the Website;
c. “Services” shall mean the service offered by Us details of which are displayed on the Website including but not limited to brochures of Our products and services, case studies and research papers that are made available to You.
d. “Website” shall mean the website available at www.cloudkaptan.com.
2. Scope of Website
a. The Website provides general information with respect to the Services (as defined above) which could be provided by Us to You. In the event you wish to avail Services from us, You agree to execute a definitive agreement with Us which will define all the particulars with respect to the Services.
b. We reserve all rights not expressly granted herein. Use of the Website for any purpose not expressly permitted by these Terms is strictly prohibited.
3. Contact
a. For communication purposes through the Website, You need to complete a contact us form.
b. For such communication, You shall be required to provide Your email address and phone number. You might receive communication in the said email address and phone number
4. User Security
a. You agree to use the Website only: (i) for purposes that are permitted by these Terms; and (ii) in accordance with any applicable law(s), regulation(s) or generally accepted practices or guidelines. You agree not to engage in any activity that may adversely affect the Website or the use of the Website by any other User.
b. You agree not to access (or attempt to access) the Website by any means other than through the interface that is provided by Us.
5. Access to this Website
a. By accessing or using the Website, You represent and warrant that You are of the age of majority in the jurisdiction in which You reside. In the event, a minor access or uses the Website at any time, it is assumed that such a minor has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents.
b. You must not access the Website on behalf of another individual or entity unless You are authorized to do so.
6. Hyperlinks
The Website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and We take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on the Website to another website does not imply Our endorsement, support, or sponsorship of the operator of that website and/or of the information or services which it provides. We are not a party to any transaction between You and such website.
7. Content Available
We shall not be held liable under any circumstances including, but not limiting to any infringement, errors, damages, fraud, misrepresentations, direct or indirect losses, future business loss, Services liability, claims or omission of information or details posted, or any link accessible or made available through this Website. You understand that by using this Website, You may also be exposed to content that may be incomplete, old, offensive and/or objectionable due to any reason whatsoever. You agree that You are solely responsible for Your use of the Services made available through the Website, and We shall not be responsible and/or liable for any consequences arising from such use.
8. Confidentiality
a. Confidential information, for the purpose of these Terms, shall mean the information including but not limited to the Services, functionalities, processes, data and information regarding the Website, or other information of a confidential nature disclosed by one party to the other party under these Terms, in any form (“Confidential Information”).
b. Confidential Information shall, however, exclude any information which (i) is/was publicly known or comes into public domain; (ii) is received by the receiving party from a third party, without breach of these Terms; (iii) was already in the possession of receiving party, without confidentiality restrictions, at the time of disclosure by the disclosing party; (iv) is permitted for disclosure by the disclosing party in writing; (v) independently developed by the receiving party without the use of Confidential Information; or (vi) is required to be disclosed by the receiving party pursuant to any order or requirement from a court, administrative or governmental agency.
c. The receiving party agrees not to use any Confidential Information for any purpose except as stated in these Terms.
d. We may, at Our discretion, keep any personal information shared by You, confidential and only use it as per the terms of Our Privacy Policy available on our website
9. Ownership of Intellectual Property Rights
a. The Website and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Website are owned by CloudKaptan and its affiliates, subsidiaries, licensors, etc. as the case may be. Nothing contained in this section shall be deemed to grant You any right to any intellectual property contained in or available on the Website.
b. All material on this Website, including but not limited to audio, video, images, photographs, software, text, blogs, icons and such like (the “Content”), are protected by copyright under the copyright laws or any other relevant intellectual property laws. You cannot use the Content, except as specified herein.
c. There may be proprietary logos, service marks and trademarks found on the Website whether owned/used by Us or licensed otherwise. By displaying them on the Website, We are not granting You any license to utilize those proprietary logos, service marks, or trademarks.
d. You may choose to, or We may invite You or any third party to submit or You may submit or take part in chats, testimonials, blogs, photographs, content, whitepapers, comments, newsletters, reviews, ratings about the Services, including without limitation about how to improve the Services of the Website (“Feedback”) on the contact form available on the Website. By submitting such Feedback, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place Us under any fiduciary or other obligation to maintain the secrecy of such Feedback, and that We are free to use the Feedback, without any additional compensation to You, and/or to disclose the same on a non-confidential basis or otherwise to anyone.
e. In case You wish to submit any other Feedback, please write to us on info@cloudkaptan.com
10. Prohibited Conduct
You agree not to engage in any of the following activities:
a. Violating laws and rights: You may not (a) use the Website for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights, (c) rebroadcast or transmit the Content, (d) modify the Website in any manner, including but not limited to, by removing identification, copyright or other proprietary notices from the Website Content, or by framing, mirroring, or utilizing similar techniques.
b. Solicitation: You may not use the Website, or any information provided through the Website for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
c. Disruption: You may not use the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other User’s use and enjoyment of the Website; including but not limited by:
i. uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or
ii. interfering with or disrupting any network, equipment, or server connected to or used to provide the Website, or violating any regulation, policy, or procedure of any network, equipment, or server, or
iii. modifying, merging, revising, or enhancing the Website in any way, or
iv. decompiling, disassembling, reverse engineering the Website in any manner whatsoever.
d. Developing competing offerings:
i. You will not use the Website to develop any competing websites, or services which are similar or substantially similar to the Website. ii. You understand and acknowledge that
if You indulge in any of the prohibited conduct stated above, and it is brought to Our notice, We may terminate Your right to use the Website and the Services and take any other corrective action as it deems fit.
11. Terms and Termination
We reserve the right to terminate Your right and access to use the Website with or without any reason whatsoever. Additionally, Your right to access and use the Website terminates automatically upon Your material breach of these Terms.
Survival: The Disclaimer of Warranties, the Limitation of Liability, Indemnity and the Jurisdiction and Applicable Laws provisions will survive any termination of these Terms.
12. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICES PROVIDED THROUGH IT IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE INFORMATION THEREIN ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE SERVICES AND YOUR USE THEREOF.
13. Indemnification
You agree to indemnify, defend Us and hold Us harmless, Our subsidiaries and affiliates from any claim, cost, expense, judgment, damages or other loss arising out of or in relation to Your use of this Website in any manner.
14. Limitation of Liability
IN NO EVENT SHALL CLOUDKAPTAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, SERVICES OR THE INFORMATION PROVIDED THROUGH IT, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICES PROVIDED THROUGH IT.
15. Applicable Law and Jurisdiction
These Terms shall be governed for all purposes by the laws of India. The acceptance of the Terms shall be deemed to have been given at Kolkata, India and the courts at Kolkata, India shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms or any rights, duties, obligations or liabilities of the parties arising under these Terms, to the exclusion of all other courts in Kolkata, India.
16. General
a. No assignment: These Terms may not be assigned by either party, in whole or in part, without prior written consent of the other party. Any attempted transfer or assignment by You in violation hereof shall be null and void.
b. No agency relationship: You agree that no joint venture, employment, or agency relationship exists between You and Us as a result of these Terms or due to Your use of the Website.
c. Severability: If any part of these Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.
17. Grievance Redressal
If You have any questions or concerns or grievances regarding these Terms, You can email us at Our grievance email-address security@cloudkaptan.com.
18. Privacy Policy
We are committed to responsibly handling the information and data We may collect through the Website in compliance with Our Privacy Policy. Please review the Privacy Policy so that You are aware of how We collect and use Your personal information. Our Privacy Policy can be read at on our website
19. Electronic Record
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed there under as applicable, 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.
20. Change in Terms
We may update these Terms without notice to You. You are encouraged to check these Terms on a regular basis to be aware of any changes made. Your continued use of the Website after such change shall be deemed to be Your acceptance of the revised Terms.
The Terms were last modified on the date mentioned at the top of these Terms.
