Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS VERY CAREFULLY. BY ACCESSING OR OTHERWISE AVAILING THE SERVICES OR BY USING THE PLATFORM, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. THESE TERMS CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY.

WHILE USING THE SERVICES, YOU MAY BE SUBJECT TO ANY POSTED GUIDELINES OR RULES APPLICABLE FOR THE USE OF THE PLATFORM. ALL SUCH GUIDELINES OR RULES ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS.

BY USING THE PLATFORM, OUR SERVICES OR WEBSITE, YOU DE-FACTO AGREE TO THE FOLLOWING TERMS.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE PLATFORM, OUR SERVICES OR WEBSITE.

YOU ALSO REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THE PROVISIONS OF THESE TERMS.

Company” or “we” or “our” shall mean WhiteHedge Technologies Pvt. Ltd.

Services” shall mean Platform as a service offered by the Company that enables the Users to automate  and manage their hosted application, set up the infrastructure, install software and deploy the same with use of the Platform. The details of the Services are more specifically set out in clause 4 titled ‘Services Description’ of these Terms of Service. The Users (defined below) can subscribe and avail the Services, provided by the Company, by accessing and registering on the Website.

User Account(s)” shall mean the User’s registered account maintained on the Website.

User/Users” shall mean the registered individuals/Companies/Entities who avail the Services, use of the Platform through Website.

Website” shall mean website (http://cloudhedge.io) developed and owned by the Company, to enable the Users to avail use of the Platform and the Services offered by the Company through Website.

“You” or “Your” or “Yourself” shall mean the Users as per the context.

Terms of Service

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS VERY CAREFULLY. BY ACCESSING OR OTHERWISE AVAILING THE SERVICES OR BY USING THE PLATFORM, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. THESE TERMS CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY.

WHILE USING THE SERVICES, YOU MAY BE SUBJECT TO ANY POSTED GUIDELINES OR RULES APPLICABLE FOR THE USE OF THE PLATFORM. ALL SUCH GUIDELINES OR RULES ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS.

BY USING THE PLATFORM, OUR SERVICES OR WEBSITE, YOU DE-FACTO AGREE TO THE FOLLOWING TERMS.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE PLATFORM, OUR SERVICES OR WEBSITE.

YOU ALSO REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THE PROVISIONS OF THESE TERMS.

 

Company” or “we” or “our” shall mean WhiteHedge Technologies Pvt. Ltd.

Services” shall mean Platform as a service offered by the Company that enables the Users to automate  and manage their hosted application, set up the infrastructure, install software and deploy the same with use of the Platform. The details of the Services are more specifically set out in clause 4 titled ‘Services Description’ of these Terms of Service. The Users (defined below) can subscribe and avail the Services, provided by the Company, by accessing and registering on the Website.

User Account(s)” shall mean the User’s registered account maintained on the Website.

User/Users” shall mean the registered individuals/Companies/Entities who avail the Services, use of the Platform through Website.

Website” shall mean website (http://cloudhedge.io) developed and owned by the Company, to enable the Users to avail use of the Platform and the Services offered by the Company through Website.

“You” or “Your” or “Yourself” shall mean the Users as per the context.

Introduction

Welcome to our Website. If You continue to browse and use the Website, You are agreeing to comply with and be bound by these terms and conditions (“Terms of Service”), which together with our Privacy Policy (“Privacy Policy”) govern the Company’s relationship with You. If You disagree with any part of these Terms of Service or Privacy Policy, You may not use the Website in entirety. The Services are subject to the limitation to these Terms of Service and the Privacy Policy. Company may discontinue or revise any or all aspects of the Services at any time, at its sole discretion.

You shall abide by these Terms of Service. These Terms of Service is an electronic record which is generated by a computer system and does not require any physical or digital signatures.

Eligibility

By availing the Services, You represent and warrant that:

  • You are fully able, competent and authorized to accept the terms, conditions, obligations, representations and warranties set forth in these Terms of Service;
  • If You are an individual then You are of legal age to form a binding contract and are not a person barred from receiving the Services under the applicable laws.
  • Your use of Website does not violate any applicable laws or regulations.
  • You confirm that the company, entity or the organization, You are representing is duly registered under the applicable laws of the respective country, where such company, entity or organization is conducting its business.

In the event, the Company discovers that You are a competitor of the Company or the Website, the Company reserves it’s right to restrict or remove Your access to the Services, without any notice to You.

Registration

In order to subscribe for the Services, You will be required to register and create an account with the User ID and the password (collectively “User Account”). The Company would complete the verification of Your User Account by sending a One-Time Password on Your registered e-mail address or your registered cell number as the case may be, and Your registration with the Company shall be complete only after such verification. For providing the Services, You authorize the Company to import Your details and personal information.

You agree that the information You provide to the Company is true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times.

You shall be responsible for maintaining the confidentiality of Your User Accounts and passwords and You agree to accept responsibility for all activities that occur under Your User Account or password and of the Services in Your name. We reserve the right to refuse registration of, or cancel User Accounts which we deem inappropriate.

Services Description

The Website specialises in ease of automated infrastructure set up and software installation and application deployment, while the User avails the Services as provided through the Website.

For the Users, the Website is provided on a subscription basis, wherein the respective business entities or individuals may purchase the subscription plan based on their requirements to manages their applications/activities. The Subscription plan shall mean and include the various subscriptions plans as made available on the Website. The Users agrees and understand that, initially the Services are made available on a trial basis for an initial period as may be determined by the Company at its sole discretion, thereafter the Users may choose to continue to avail the Services, by opting for a paid subscription plan after the expiry of the trial period amongst the various packages of the subscription plans available on the Website.  The User can choose the packages as per their requirement.

The Company endeavours to take reasonable efforts to make the Services available to You at all the times through the Website. However, as the Services are provided over the Internet, data and cellular networks, the quality and availability of the same may be affected by factors outside the Company’s reasonable control. Therefore, we shall not be liable for non-availability of the Services at any time. We shall take reasonable efforts to restore access to the Website and the Services. You waive all Your rights in this regard and confirm that the Company shall not be held liable for any non-performance or availability of the Services, arising due to these limitations or restrictions.

CONSIDERATION:

The Services are provided to You in form of the subscription plans made available and displayed on the Website. The Services are available on paid a subscription basis. The Company shall raise the invoices based upon the subscription plan opted by the User and You shall agree to make the payments in accordance with the payment instructions as set out in the respective invoice.

The User understands and acknowledges that in the event the User ceases to avail the Services or use the Platform for any reasons including for its convenience or due to malfunction or errors before the expiry of the actual term of their subscription period applicable under the respective subscription plan opted by such User, they shall not be entitled to get a refund of the for the remainder of the subscription period.

Content

CONTENT AVAILABLE

You acknowledge that Company does not make any representations or provide any warranties about the material, data and information such as data files, text, facts and figures, computer software, code, audio files, or other images that is shared by other Users or by the Company (collectively, the “Content”) which You may have access to as part of the Services, or through Your use of the Platform. Company may provide the Content in form of blogs published by the Company or content linked to third party open source software websites. Under no circumstances, the Company is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Website. Company recommends You to use Your own judgement before relying on or sharing the same with any third party. The User shall not disclose the Company Content to any third party without obtaining prior written consent of the Company.

CONTENT SHARED BY YOU:

You represent, warrant, and agree that no content/details shared by You with Website (“Your Content”), violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.

Your Content should be free from virus, Trojan or malicious code etc.  We shall not take any liability with respect to Your Content. The Company shall not authenticate, verify Your Content or data. You shall be solely responsible for the same.

PROHIBITED CONDUCT:

You agree not to engage in any of the following activities:

Violating laws and rights:

You shall not (a) use the Services 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, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

If any Services are used by the You for any unlawful activity, then Company shall have all the rights related to such data and shall have right to co-operate with legal authorities regarding the same.

Solicitation:

You shall not use the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.

Disruption:

You shall not use the Services in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Website, or violating any regulation, policy, or procedure of any network, equipment, or server.

Impersonation or unauthorized access:

You shall not impersonate another person or entity, or misrepresent Your affiliation with a person or entity when using the Services.

Restriction on Services

You understand and acknowledge the following:

  • You will not use the Services for any purpose that is illegal, unlawful or prohibited by these Terms of Service;
  • You will not use Services in any manner that threatens or is likely to threaten the integrity, performance or availability of the Services and the Website;
  • You will not reverse engineer, decompile or otherwise extract the source code(s) related to the Platform or any part thereof;
  • Impersonate another person or access another User’s Account;
  • You will not collect information about other Users in any illegal or unlawful manner for any illegal or unlawful purpose;
  • You will not use Services in any manner that can damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Services or the Platform, or interfere with any other third party’s access to and enjoyment of Services or the Platform.

Change in Terms

Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, the Platform or the Website (or any part thereof) with or without notice. Further, the Company reserves the right to change these Terms of Service at any time and to notify You by posting an updated version of the Terms of Service on this Website. You are responsible for regularly reviewing these Terms of Service. Continued use of the Services after any such change shall constitute Your consent to be bound by the updated Terms of Service. Your only right with respect to any dissatisfaction with these Terms of Service; any policy or practice of ours in operating the Website or providing the Services, is to stop availing the Services.

Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM, WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICES THEREIN ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE SERVICES AND YOUR USE THEREOF. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR THE CONTENT OR THE DETAILS AND CONTENT SHARED BY THE USERS OR THE CONTENT OF ANY THIRD PARTY WESBITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR WEBSITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL, TECHNICAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY. COMPANY SHALL NOT BE RESPONSIBLE FOR SERVICE DISRUPTION CAUSED DUE TO LOSS OF INTERNET CONNECTION BETWEEN USER AND WEBSITE AND THE IMPACT ON THE USAGE OF USER.

THE COMPANY SHALL IN NO EVENT BE HELD RESPONSIBLE OR LIABLE FOR ANY DEFECTS OR ERRORS ARISING OUT OF ANY SOFTWARE MALFUNCTION RESULTING INTO BILLING ERRORS. ANY LOSS OR DAMAGE INCURRED DUE TO ANY SOFTWARE MALFUNCTION SHALL NOT BE THE RESPONSIBILITY OF THE COMPANY. IN NO EVENT CAN THE USERS CLAIM ANY COMPENSATION OR REFUND DUE TO ANY MALFUNCTIONING OR ERRORS IN THE PLATFORM OR THE SERVICES. YOU ALSO AGREE NOT TO INTERFERE WITH OR ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO ANY PARTS OF PLATFORM, WEBSITE OR ANY ACCOUNTS, COMPUTER SYSTEMS OR NETWORKS, ETC.

YOU UNDERSTAND AND ACKNOWLEDGE THAT THE WEBSITE IS PRONE TO UNINTENTIONAL INACCURACIES IN CONTENT. E.G. TYPOGRAPHICAL ERRORS, IMPROPER LINKAGES ETC.

Limitation of Liability

IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM, THE SERVICE, OR THE WEBSITE INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR USER DETAILS AND CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR BUSINESS OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN.

Indemnification

You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to:

  1. details and Content that You submit or transmit for the Services,
  2. Your violation of any rights of any other person in connection with the Services,
  3. infringement of any third party intellectual property rights,
  4. any breach of the terms and conditions of these Terms of Service,
  5. any breach or violation of laws and regulations
  6. any breach of representation and warranties made in relation to the Services or
  7. transactions (present and subsequent) between You and other Users, as the case may.

Anti-spam Policy

You certify that You shall avail the Services in accordance with these Terms of Service. You are forbidden to transmit unsolicited commercial email (spam) by using the Services. Additionally, You are required to reconfirm (permission pass) or stop mailing an existing list when it is determined to be in violation of our anti-spam policy. Repeated violations or failures to comply with this anti-spam policy shall result in termination of Your access to the Services. You agree and acknowledge that, we shall not be held liable for any claim that may arise due to Your violation of this anti-spam policy.

Privacy Policy

The Company is committed to responsibly handle the personal information we collect through the Website and while providing the Services in compliance with our Privacy Policy located on the Website.Privacy

Ownership Of Intellectual Property

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 the Company and its affiliates, subsidiaries, licensors as the case may be. The Company respects copyright, and we prohibit You from submitting, uploading, posting, or otherwise transmitting any Content or details on the Website that violates another person’s proprietary rights.

If You believe that the Website contains elements that infringe any intellectual property rights, please notify Us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, we may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion.

All materials on this Website, including but not limited to audio, images, photographs, software, text, icons etc. (the “Website Content”), are protected by copyright under the copyright laws. You cannot use the Website Content, except as specified herein.

CloudHedge’ is a registered trademark, wholly owned by WhiteHedge Technologies Pvt. Ltd. There may be proprietary logos, service marks and trademarks found on the Website whether owned/used by us or otherwise. By displaying them on the Website, we are not granting You any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Website Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

Termination

If You wish to terminate these Terms of Service, You may immediately stop accessing or using or subscribing to the Services or the Website. Your right to avail the Services terminates automatically upon Your material breach of any of the terms of these Terms of Service. Upon termination, Your right to use the Services shall immediately cease. Thereafter, You shall have no right, and the Company shall have no obligation, to provide any Services or any refund for any unused Services. The Company reserves the right to terminate these Terms of Service, without any prior notice to You and in such an eventuality, the Company shall refund you for any fees paid for an unutilised part of the Services.

Survival

Provisions such as, disclaimer of warranties, limitation of liability, indemnity, ownership of intellectual property, confidentiality, miscellaneous terms, prohibited conduct shall survive any termination.

Miscellaneous Terms

Choice of Law and Jurisdiction: These Terms of Service are governed by and construed according to the laws of India and the courts in Pune, Maharashtra shall have an exclusive jurisdiction over such disputes.

Force Majeure: Without limiting the foregoing, under no circumstances shall the Company is held liable for any damage or loss due to deficiency in performance of Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, change in law, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, floods, storms, electrical failure, civil disturbances, riots and any other reason beyond reasonable control of the Company.

No waiver:  The Company’s failure to insist on or enforce strict performance of any of the terms of these Terms of Service shall not be construed as a waiver of any provision or right.

Severability: If any part of these Terms of Service 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 shall not affect the validity and enforceability of the remaining provisions.

No agency relationship: You agree that no joint venture, employment, or agency relationship exists between You and the Company as a result of these Terms of Service or from Your use of the Services. You shall not make any statement or enter into any commitment, agreements or arrangement on behalf of the Company, unless You are authorized to do so.

Entire Agreement: These Terms of Service, Privacy Policy constitutes the entire agreement between You and the Company relating to this subject matter and supersede any and all prior communications and/or agreements between You and the Company relating to this subject matter.