In addition, when you use/ make a request / provide your details on the Website or in any other manner enabled by Cloudtail ("Cloudtail Offerings"), you will also be subject to the terms, guidelines and conditions applicable to such Cloudtail Offerings ("Terms"). If these Conditions of Use are inconsistent with such Terms, the Terms will control.
These Conditions of Use constitute an electronic record within the meaning of applicable laws. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is divided into the following three broad heads:
- Your Usage:
If you use the Website, you are responsible for maintaining confidentiality of the information you provide us, your account and password (where applicable), and for restricting access to your computer to prevent any unauthorised access. You agree to accept responsibility for all activities that occur under your account or password or where you fail to safeguard the information you provide us. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information. Cloudtail reserves the right to refuse access to the Website, terminate accounts, remove or edit content at any time without notice to you.
- E-Platform providing details of Cloudtail and Cloudtail Offerings
You agree, understand and acknowledge that the Website is an online platform that provides you with details about Cloudtail and Cloudtail Offerings, including enabling you to apply for potential job opportunities at Cloudtail, enabling you to apply to be a vendor to Cloudtail etc.
- Access to the Website:
We will do our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or introduction of new facilities or features at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
- License for Website Access:
Subject to compliance with these Conditions of Use, Cloudtail grants you a limited license to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Cloudtail. This license does not contemplate any resale or commercial use of this Website or its contents; any derivative use of this Website or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools.
This Website or any portion hereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) shall not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Cloudtail.
You shall not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of Cloudtail. You shall not use any meta tags or any other "hidden text" utilising Cloudtail’s name or trademarks without the express written consent of Cloudtail. Any unauthorised use terminates the permission or license granted by Cloudtail.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of the Website as long as the link does not portray Cloudtail and/or its associates / affiliates / parent company / directors / officers / employees / agents / successors / assigns, or Cloudtail Offerings in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Cloudtail logo or other proprietary graphic or trademark as part of the link without express written consent of Cloudtail.
- Your Conduct:
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Cloudtail, are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only. You must not use the Website for any of the following purposes:
- For fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
- To send, use or reuse any information / material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"; or
- To cause annoyance, inconvenience or needless anxiety.
- Communications and other Content shared with Cloudtail:
Users of the Website may transmit information, requests, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, Cloudtail reserves the right (but not the obligation) to remove, refuse, delete or edit any content that, in the sole judgment of Cloudtail, violates these Conditions of Use and/or terminate the user’s permission to access or use the Website.
If you do transmit content or submit material, and unless we expressly indicate otherwise, you grant:
- Cloudtail and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
- Cloudtail and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if we choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Cloudtail, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you transmit or that you otherwise provide on or through the Website; that, as at the date that the content or material is submitted to Cloudtail: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Cloudtail policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Cloudtail and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
- Claims against Objectionable Content:
If you believe that any content on the Website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses ("Objectionable Content"), please notify us immediately by following the procedure laid down in the ‘Procedure for Notifying Cloudtail of Objectionable Content’ section below. Once this procedure has been followed, Cloudtail will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
- Copyright, authors' rights and database rights:
All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Cloudtail, or its content suppliers and is protected by Indian and international intellectual property rights laws including copyright, authors' rights and database right laws. The compilation of all content on this Website is the exclusive property of Cloudtail and its affiliates and is protected by laws of India and international intellectual property rights laws including copyright and database right laws. All software used on this Website is the property of Cloudtail, its affiliates or its software suppliers and is protected by Indian and international intellectual property rights laws including copyright and author' rights laws.
You may not systematically extract/ or re-utilise parts of the contents of the Website without Cloudtail’s and/ or its affiliates (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Website, without Cloudtail’s and/or its affiliates (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial parts of this Website without Cloudtail’s and/ or its affiliates (as may be applicable) express written consent.
- Intellectual Property Claims:
Cloudtail respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow the procedure laid down in the ‘Procedure for Making Claims of Right Infringements’ section below.
Cloudtail and other marks indicated on our website are trademarks/ registered trademarks of Cloudtail and other entities which have authorized Cloudtail to use such trademarks. Cloudtail's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Cloudtail. Cloudtail's trademarks and trade dress may not be used in connection with any product or service that is not Cloudtail's, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Cloudtail. Any usage of Cloudtail's trademarks, logos, page headers, button icons, scripts and service names require prior written approval and such usage is subject to the guidelines that may be prescribed by Cloudtail. All other trademarks not owned by Cloudtail that appear on this Website are the property of their respective owners, who may or may not be associated with, connected to, or sponsored by Cloudtail.
You acknowledge and undertake that you are accessing Cloudtail Offerings at your own risk and are using your best and prudent judgment before accessing this Website. We shall neither be liable nor responsible for any actions or inactions of other third parties nor any breach of conditions, representations or warranties by any third parties (whether or not with respect to the use of the Website) and hereby expressly disclaim any and all responsibility and liability in that regard. You also acknowledge and agree that Cloudtail does not guarantee any formal engagement with you in response to the information provided / request made by you on the Website including for the purposes of making a job application, or requesting for vendor on boarding or for any other purpose.
- Indemnity and Release:
You shall indemnify and hold harmless Cloudtail, its subsidiaries, affiliates, associates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
Use of the Website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use the Website only with the involvement of a parent or guardian.
- Other Businesses:
We may provide links to the websites of other companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Cloudtail does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You should carefully review their privacy statements and other conditions of use.
When you visit the Website or provide information on the Website or send e-mails to us, you are communicating with us electronically. You may be required to provide a valid phone number while making such communications. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Website or by any other mode of communication. For contractual purposes, you consent to receive such communications from us.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss on account of your usage of the Website or for any reason arising there from or connected therewith.
- Alteration of Service or Amendments to the Conditions:
We reserve the right to make changes to our Website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the Website, unless any change to those policies or these conditions is required to be made by law or government authority (in which case such change will apply to your use of the Website). If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
- Events beyond our reasonable control:
We will not be held responsible for any delay or failure to comply with our obligations under these Conditions of Use if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
- Governing Law and Jurisdiction:
These Conditions of Use are governed by and construed in accordance with the laws of India. You agree, as we do, to submit any and all disputes, differences, disagreements, by whatever name called, arising out of or in relation hereto, to the exclusive jurisdiction of the courts at Delhi.
- Our Details:
This website is operated by Cloudtail India Private Limited or such other entity who may be authorized by Cloudtail India Private Limited.
If you believe that your rights are being violated/ infringed by the Website or any content published thereon, you may contact the Grievance Officer as per the details stated below, by a communication with the subject line "Claim of Infringement". Please provide your address, telephone number, and e-mail address when sending the notice to us. We will attempt to respond about any alleged infringement within 30 (thirty) days from the receipt of such communication from you with all the necessary details/ documents.