NDOT Technologies Private Limited (hereinafter referred to as "Company", "We", "Us", or "Our") owns and maintains the website, www.clouddish.com, (“Website”). The Company provides Ecommerce Software & Auction Software through the Website wherein the Company provides a secure platform offering database storage, compute power, content delivery and other functionality to various Subscribers (as defined below) ("Products").
1) Registration and Account Information
1.2. You will receive a password for Your Account upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and Account, and are fully responsible for all activities that occur under Your password or Account. You agree to (a) immediately notify the Website of any unauthorized use of Your password or Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. The Website shall not be liable for any loss or damage of information arising from Your failure to comply with the maintenance of Your Account or password. You may be held liable for losses incurred by the Company due to authorized or unauthorized use of Your Account Information or password as a result of Your failure in keeping Your Account Information secure and confidential.
1.3. You expressly agree that Your Account Information will be complete, accurate and up-to-date.
1.4. The Company may at any given point of time require that You change Your Account Information or certain parts of Your Account Information at any time without assigning any reasons.
1.5. In consideration of Your use of the Products, You represent that You are eligible in accordance with the applicable laws to enter into a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about Yourself as prompted by the Website's registration form. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your account and refuse any and all current or future use of the Website or the Products (or any portion thereof).
1.6. Upon completion of the registration process and obtaining an Account with the Website, You agree that the understanding provided herein between You and the Company constitutes a binding agreement between the parties.
1.7. On completion of the registration, the Company shall customize the dashboard provided to You to reflect Your branding as provided by You to the Company. Accordingly, You hereby provide a limited, royalty-free license to the Company to use your trademark, logo and design to customize Your Account.
If You wish to use the Products, You will be required to subscribe to the same upon payment of such Subscription Fee (“Subscription”). Based on the term during which the Products are required by You, you will be required to pay a fee notified to you during the time of Your registration (“Subscription Fee”).
Based on the category of Subscription and the term of the proposed subscription, You will be required to make online payments through Your credit card or debit card or net banking account or cash card or via any other mode made available for making payments through mediums as authorized in Your territory and as provided by the Company for availing the Products. The facility for online payments through credit cards or debit cards or net banking account or cash card or any other mode is available for selected credit cards, debit cards, net banking accounts and cash cards only. If You wish to avail the Products after the expiry of the initial term of Subscription, You shall, prior to expiry of such term, recharge of Your account with the then prevailing subscription fees.
You must use the credit card and/or debit card and/or net banking account and/or cash card that You are authorized to use (“PaymentCard”). You confirm and acknowledge that You are aware of the fact that when making any online payment through Your Payment Card, You may be directed to the payment gateway page. The payment gateway may redirect You to other website(s) maintained or controlled by third parties, and the Company does not control such third party website(s) and hence is not responsible for any transactions on such website(s). The Company will not be liable for any fraud on or in relation to Your Payment Card, and the Company will not entertain or address any such grievances or issues. You are requested to communicate all grievances related to such issues to Your bank who has issued such Payment Card. The Company shall not be responsible for any dispute or difference relating to online payment made by You through your Payment Card or any other mode available. Further, the Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of Your Payment Card or associated details. Payments once made by Payment Card or via any other mode available shall not be refunded in any circumstances. You are hereby advised to keep details of Your Payment Card details confidential and do not share any such details with any other third party.
You are responsible to ensure that the Payment Card associated with Your Subscription is up to date, that the information posted in connection with it is accurate. If the Company cannot charge Your Payment Card, we may cancel Your Subscription and You may lose access to the Productand any data associated with Your Subscription.
Prior to subscription to the Product, You hereby represent that You have availed the Product for a trial period and You are aware of the functionalities of the Product. Subsequent to subscription, the Company shall not be liable for any claims with respect to Product not being in compliance with the specific requirement of the User.
3) Prohibited Use
The Products may be used only for lawful purposes. You are prohibited from using any robot, spider or any other data mining technology or automatic or manual process to monitor, cache, extract data from, copy or distribute the intellectual property, proprietary material or other user content on the cloud infrastructure of the Company.
4) Personal Information
5) Intellectual Property Rights
You acknowledge that the Company owns all right, title and interest in and to the Products, including without limitation all intellectual property rights including, with respect to the applications associated with the Products (“CompanyProprietaryRights”).. Further, it is hereby clarified that You shall not be provided any access to the source code of the Product and accordingly, You will not be permitted to copy, reproduce, alter, modify, or create derivative works of the Product. You also agree that You will not use any robot, spider, other automated device to monitor or copy any content from the Product.
The Company is the sole owner of the Company marks, service marks, trade name and any other marks used by the Company (except the trademarks and logos owned by the Subscriber) (collectively “Trademarks”). You agree not to interfere with Our rights in the Trademarks, including challenging Our use, registration or application to register the Trademarks, anywhere in the world, and that You will not harm, misuse, or bring into disrepute any of the Trademarks. The goodwill derived from using the Trademarks or any part thereof, shall inure exclusively to the benefit of the Company.
All Trademarks, domain name, trade dress including the look, feel and design of the Product, interfaces, etc., and the selection and arrangements thereof, is the property of the Company, unless otherwise indicated. All this is protected under copyright, trademark and other applicable intellectual property laws and may not be used by You, except as permitted by the Company.
The Product is operated by and is the sole property of the Company. The Product is protected by copyrights, trademarks, and other intellectual property rights that is owned by the Company or by other parties that have licensed such material to the Company. Modification of the Product and other materials or use of the Product or other materials for any purpose other than for the purpose as agreed to between the parties is a violation of the said patents, copyrights, trademarks and other intellectual proprietary rights, and is expressly prohibited.
6) Warranties And Limitations
You understand and acknowledge that the Product is provided to You by the Company on an “as is” and “as available basis”. Your use of the Product shall be at Your own risk. The Company provides no express warranties, guarantees, or conditions related to the Product. To the extent permitted by law, the Company disclaims any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement. Without limiting the generality of the foregoing, the Company does not warrant that the Product will be accurate, error-free, virus-free, timely, secure or uninterrupted or that it will meet any specific requirements of a Subscriber.
While the Company will take commercially reasonable endeavours to make the service through the Product is available 24 (twenty four) hours per day and 5 (five) days per week excluding weekends (except for planned maintenance), the Company disclaims all responsibility and liability for the availability, security or reliability of the Product.
You agree to defend, indemnify and hold harmless the Company, Our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(i) Your unauthorized use of and access to the Product;
(iii) Your violation of any third party right, including without limitation any intellectual property right or privacy right;
(iv) or as a result of any threatening, libelous, obscene, harassing or offensive material uploaded / transmitted by You on the cloud infrastructure of the Company.
8) Limitation Of Liability
To the fullest extent permitted by applicable law, the Company shall not be liable for any direct, indirect, incidental, special, punitive or consequential damages, or lost profits resulting from Your access to or use of the Product, whether based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory. This includes Your inability to access or use (including due to modification, suspension, blocking, discontinuance, cancellation, or termination of the Product or any part thereof) the Product. These limitations apply to any matter related to the Product, third party internet sites, programs or conduct, viruses or other disabling features, incompatibility between the Product and other services, software, or hardware, and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the Productin an accurate or timely manner. These limitations also apply even if this remedy does not fully compensate You for any losses, or fails its essential purpose; or even if the Company knew or should have known about the possibility of the damages.
Without limiting the foregoing, under no circumstances shall the Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
(ii)The Company is required to do so by law (for example, where the provision of the Products to You is, or becomes, unlawful);
(v)Your payment is overdue by more than fifteen (15) days.
9.3.You agree that the Company shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Products.
10) Choice Of Law And Jurisdiction
12) No Waiver