Terms & Conditions
shall govern the relationship between Cloudifyapps (OPC) Private Limited, a company
incorporated in India under the Companies Act, 2013, having its registered office at
Flat M-88/605, Sixth Floor, Sparsh Block SP-Shukhobrishti, Action Area-III, Newtown Kolkata
Parganas North WB 700135 IN (hereinafter referred to the “Company” or “Cloudifyapps” or “Us”
or “Our” or “We”) and you (hereinafter referred to “Client” or “You”, “Your”, “User” or
and shall also govern your use of www.cloudifyapps.com (hereinafter referred to as the
Please read these Terms carefully, as they form the entire agreement between You and Cloudifyapps.
By accessing or using our Website in any way or clicking
on a button or taking similar action to signify your affirmative acceptance of these Terms,
you hereby represent that:
(i) You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the Website.
(ii) You are of sound mind and legal age in the jurisdiction in which you reside, in order to form a binding contract with us.
2. How to avail service
a. Contact Us Form - If you wish to avail any of
services, you can do so by filling a simple ‘Contact Us’ form available on our Website.
After you fill up the “Contact Us” form by entering your personal details and project
requirements, our team will contact you to understand your requirements and will then quote
you a price for the services.
b. Payment - All charges for your project must be paid in advance according to the price quoted to you. You can make the payment using any of our external payment gateway services.
c. Refund - Due to nature of our business we don't offer any refund or money back for any our services, be it for website development, mobile application development or designing and related items. Once you place an order and make the payment, you cannot cancel it afterwards. In case you do cancel, we shall not be liable to refund you any amount.
3. Use of the site
i. Allowed Uses:
a) Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the Services.
b) Material: For the purposes of these Terms, “material” shall mean any text, video, graphics and sound material, published on Website, whether a copyright of Cloudifyapps or any third party. You must not reproduce any part of Cloudifyapps Website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.
ii. Restricted Uses:
You must not:
● republish material from this website (including republication on another website);
● show any material from the Website in public without our consent;
● edit or otherwise modify any material on the Website;
● infringe or violate our Intellectual Property Rights;
● We reserve the right to restrict access to any areas of our Website, or indeed our whole Website, at our discretion.
iii. You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
iv. You must not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
v. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website, without our express written consent.
4. Account registration
You can register with us by entering your personal details, or you can use third party social media accounts (such as Gmail, Facebook or LinkedIn). As part of the registration process, you are entirely responsible for maintaining the security and confidentiality of your account information, including your username and password. Furthermore, You are entirely responsible for any and all activities and conduct, whether by You or anyone else, that are conducted through your account. We may hold You liable for any losses incurred by Us or any other party due to someone else’s use of your account or password. You agree to notify Us immediately upon your becoming aware of any unauthorized use of your account or any other breach of security involving your account. We will not be liable for any loss that you or any other party may incur as a result of someone else’s use of your password or account, either with or without your knowledge.
5. Ownership of content
a) Unless otherwise stated, copyright and all intellectual property rights in all material
presented on the Site (including but not limited to text, audio, video or graphical images),
Cloudifyapps trademarks and logos appearing on this site are Our property and are protected
under applicable laws. Any infringement in this regard shall be pursued in such form and
manner as deemed fit by Cloudifyapps.
b) Cloudifyapps grants you permission to only access and make personal use of the Site and You agree not to download or modify/alter/change/amend/vary/transform/revise Our Site, or any portion of it, except with Our express written consent.
8. Limitation of liability
liability for fraud or for any other liability which cannot be excluded or limited under
Subject to this, Our liability to You in relation to the use of Our Website or under or in
connection with these Terms, whether in contract, tort (including negligence) or otherwise,
will be limited as follows:
a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
b) we will not be liable for any consequential, indirect or special loss or damage;
c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
e) our maximum liability in relation to any event or series of related events will be limited to the amount paid by You to Us.
f) You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the Website or these Terms. This will not, of course, limit or exclude the liability of the Company itself for the acts and omissions of Our officers and employees.
You acknowledge to defend, indemnify and hold Company, its affiliates, subsidiaries,
directors, officers, employees, agents, partners, and any other licensors (hereinafter
referred to as “Indemnified Party”) harmless from and against any claim, disputes, or
demand, including reasonable attorneys’ fees, made by a third party, relating to, or arising
a) Your violation of any third-party right, including without limitation to any right to privacy, publicity rights, or intellectual property rights, including content the user distributes through the services;
b) Your wrongful or improper use of the Website.
c) Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our Website;
d) The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of the Services.
10. Governing law and dispute resolution
i. Governing Law:The Terms and any dispute arising from the same will be governed by
applicable data protection laws in India and/or other laws of India as applicable to these
Dispute Resolution: a) If in case, any controversy, conflict or dispute of any nature arises between the User or third party and the Company in connection with the provisions of these Terms, or out of or relating to or in connection with the services offered by Cloudifyapps or its Website, the parties shall spend at least 15 days to try and use all means to amicably resolve that dispute or conflict or controversy.
b) If however, the attempt to settle such a dispute amicably fail, then such controversy, conflict or dispute between the User or third party and the Company, shall be subject to the exclusive jurisdiction of the courts situated in Kolkata, India.
We may give notice by means of a general notice via electronic mail to your email address as available with Us. If You want to give a notice to Us, You can do so by dropping an electronic mail to [email protected]
i. Severability: If any provision of these Terms is held to be unenforceable or
provision will be changed and interpreted to accomplish the objectives of such provision to
the greatest extent possible under applicable law and the remaining provisions of these
Terms will continue in full force and effect.
iii. Entire Agreement: The Terms, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between Company and You, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Website.
iv. Updates to These Terms: Cloudifyapps may add to or change or update these Terms at any time, from time to time, entirely at its own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.
13. Grievance Officer
14. Feedback and Information
We welcome your questions or comments regarding the Terms. You can write to us via email: [email protected]