Terms & Conditions
In this document, terms that commence with a capital letter are defined in this Section or in the preamble.
“Kloud Advanced Solutions Pvt. Ltd.”. and its affiliates and subsidiaries.
“Content” means the documents, text, information, data, articles, images, graphics, photographs, software, applications, recordings, audio recordings, video, sounds, designs, features packages and other materials that are available on the Site.
“Content” also includes Marks, logo and Products, packages, and Services.
“Mark and Logo” means trade name, trademark, trade dress, service mark, custom graphics or icon and logo
“Products and Services” means the software and website design including the multimedia designing and e-commerce and other items available through the Site.
“Client” means an individual who has registered and or availing the services and accessing the website through Site. Clients can choose a client ID and a password.
“Client ID” means the email id used by client and password means the pass code provided by the Kloud Advanced Solutions Pvt. Ltd.to login to our Site.
Provider means Kloud Advanced Solutions Pvt. licensors, suppliers, information providers, and other agencies associated with Kloud Advanced Solutions Pvt. Ltd.
Site means the www.erpabsolute.com website and its respective subsites, together with the respective Content, Marks, Products and Services available from these sites and sub sites.
The terms and conditions are governing use to clients for all Content, Products or Services available on the Site. You consent and agree to be bound by these terms and conditions, and to use the contents of Site with the applicable laws and regulations with strict compliance and in a manner that does not reflect negatively on the reputation or goodwill of www.kloudinc.in/and its Providers.
When you Purchase Products or Services then Additional Terms may apply, or when you participate in special promotions or offers. These additional terms are available on the offer when getting the special offers or when you will register for a special promotion.
To avail the services or products you must be more than 18 years and Minors (as defined under the laws of their jurisdiction or residence) are not eligible to register for, use or Purchase the Products or Services available on the Site
The client is responsible for maintaining the secrecy of your Username and Password. This is essential to protect the confidentiality of any information that may be stored in My Account folder. In addition, you will be financially accountable for all use of our Site by yourself and anyone using your password and login information.
Use of the Site
Kloud Advanced Solutions Pvt. Ltd. grants you a limited, personal, non-transferable, non-sub-licensable, revocable license to access and use the Site only as explicitly permitted in these Terms. Except for this limited license, we do not grant you any other right or license with respect to this Site; any rights or license not explicitly granted herein are reserved.
No Copy, Distribution, or Sale
You may download, display, or print one (1) copy of any portion of the Content. If you do so, you shall not modify the Content in any way. Except as provided above, you shall not
Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content in any form whatsoever.
Modify, translate into any language or computer language, or create derivative works from any Content or any part of this Site.
Use a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site.
Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties.
Reverse engineers any part of this Site.
Unless otherwise provided within these Terms, or unless specific applicable law requires Kloud Advanced Solutions Pvt. Ltd. to allow you to do so, you may not do any of the following without the prior written consent of Kloud Advanced Solutions Pvt. Ltd.
Use the Site other than to make availing of the services or products.
Use any robot, spider, other automatic device, or manual process to monitor Content.
Use the Site to make any false, fraudulent, or speculative statement.
Place false or misleading information on the Site.
Imply in any fashion that Kloud Advanced Solutions Pvt. Ltd. is endorsing your Products or Services.
Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, rebelling, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct considered as a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms.
Use or access the Site in any way which, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by Kloud Advanced Solutions Pvt. Ltd. Other Site users or members.
Use any device, software, or routine that interferes or attempts to interfere with the normal operation of our site or take any action that imposes an unreasonable load on our equipment. or
Disguise the origin of the information transmitted through the Site.
Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs or other computer programming routines which may damage, interfere, or attempt to interfere with, intercept, the normal operation of our Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment or that infringes upon the rights of a third party.
User ID and Password
Access to certain areas of the Site is available only to registered Members. To become a registered Member, you are required to answer a limited number of mandatory questions. Answers to additional questions are optional. You represent and warrant that all information which you supply to us about yourself and others, is true and accurate.
Kloud Advanced Solutions Pvt. Ltd. in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension or discontinuation shall constitute an act of trespassing. Kloud Advanced Solutions Pvt. Ltd. shall not be accountable to you to such suspension or termination.
Any aspect of the Site may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time and without prior notice to you. However, we make no commitment to update the information contained on this Site. You agree that Kloud Advanced Solutions Pvt. Ltd. shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance. We may also at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services. We may also modify these Terms, as provided in Modifications.
Privacy and Security
Services and Content
The Content is intended for information purposes only. Although we exercise reasonable efforts to ensure their quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your particular situation. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Site or obtained from a linked site.
You should not take any action based on information on this Site until you have received a confirmation of your transaction. We send confirmations within 24 hours of your Purchase. If you have not received a confirmation of your purchase via email, first look into your “spam” or “junk” folder to verify that it has not been misdirected, and if still not found, please contact our customer service department. The Contact Information is provided on our “Contact Us” page.
We will use our reasonable commercial efforts to keep our Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.
We make reasonable attempts to clear the Site of viruses & worms but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We accept no responsibility for any damages to computer equipment or other property which may result from use of the Site or downloading anything from the Site.
This Site is the sole and exclusive property of Kloud Advanced Solutions Pvt. Ltd. Ltd. or its licensors. Kloud Advanced Solutions Pvt. Ltd. and its licensors retain all right, title, and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property – rights) in the Site. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws.
Kloud Advanced Solutions Pvt. Ltd. and all other Marks that appear, are displayed, or used on the Site are registered or common law trademarks or service marks of Kloud Advanced Solutions Pvt. Ltd. and its Providers. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Kloud Advanced Solutions Pvt. Ltd. or the relevant Provider, except as an integral party of any authorized copy of the Content.
Kloud Advanced Solutions Pvt. Ltd. may charge a price based on the mutually agreed with the client as per the requirement for the customized services and products. The packages are also available for tailor made services and products as available on the website under the different plans. Any such service fee is non-refundable. In addition, you will be responsible for all charges, fees, duties, taxes, and arising out of your use of the Products and Services available from the Site.
Disclaimer of Warranty
Kloud Advanced Solutions Pvt. Ltd. and its Providers make no warranty of any kind regarding the Site, Content, Products or Services, all of which are provided on an ‘as is’ basis. Kloud Advanced Solutions Pvt. Ltd. And its Providers expressly disclaim any representation or warranty that the Site will be free from errors, viruses, or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Services and other capabilities offered from the Site will be uninterrupted, or that its Content will be accurate, complete or timely. The fact that Kloud Advanced Solutions Pvt. Ltd.is including or offering any Product or Service on the Site is not an endorsement or a recommendation of the Product or Service.
Other than those warranties which, under the laws applicable to these terms, are implied by laws, and are incapable of exclusion, restriction or modification, Kloud Advanced Solutions Pvt. Ltd. and its providers expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade
Limitation of Liability
Subject to applicable law, use of this Site and its Content is at your sole risk. Services and Products made available on this Site are subject to conditions imposed by the Providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Providers who furnish products or services through this Site are independent contractors, and not agents or employees of Kloud Advanced Solutions Pvt. Ltd. In no event will Kloud Advanced Solutions Pvt. Ltd. or its providers be liable to any party for any direct, indirect, special or other consequential damages for any use of this site, any hyperlinked web site, the acts or omissions of providers who furnish products or services through this site, or the products or services offered by providers through this site, including, without limitation, whether based in contract, tort, negligence, strict liability or otherwise, that arises out of or is in any way connected with
(i) any use of, browsing or downloading of any part of our site or content,
(ii) (ii) any failure or delay, or
(iii) (iii) the performance or nonperformance by us or any provider, or
(iv) (iv) any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, even if Kloud Advanced Solutions Pvt. Ltd. and the provider(s) have been advised of the possibility of damages to such parties or any other party
If, despite the limitation above, Kloud Advanced Solutions Pvt. Ltd. or a Provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then Kloud Advanced Solutions Pvt. Ltd. and the Providers’ liability will in no event exceed, in total, the sum of USD 5,00.
You agree to defend and indemnify Kloud Advanced Solutions Pvt. Ltd .and any Provider, and each of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against Kloud Advanced Solutions Pvt. Ltd.as a result of (1) Your breach of these Terms or the Documents made part of these Terms by reference, (2) Your violation of any law or the rights of a third party or (3) Your use of our Site.
Payment Terms & Conditions
We ensure that every transaction you conduct online is in a safe and secure environment. We do not take or store any credit card details or other card details on our servers. The user will be directed to the Payment Gateway website to enter his/her card details. This site is Master/Visa Secure & VBV compliant.
Payment will be credited in the name of “Kloud Advanced Solutions Pvt. Ltd.”
We reserve the right to refuse or cancel any order placed for a product that is listed at an incorrect price. This shall be regardless of whether the order has been confirmed and/or payment has been levied via credit card. In the event the payment has been processed, the same shall be credited to your account and duly notified to you by email.
We shall not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user.
If you have any additional queries or concerns, please email us at firstname.lastname@example.org or contact us on the details provided in ‘Contact Us’ page of the website.
If any dispute arises between you and Kloud Advanced Solutions Pvt. Ltd. during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and Conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Kloud Advanced Solutions Pvt. The place of arbitration shall be Ludhiana Punjab, India. The arbitration proceedings shall be in the English language. The Terms and Conditions shall be governed and construed in accordance with the Indian laws.
Your acceptance of these Terms, and your use of the Site do not create a joint venture, a partnership, an employment, or an agency relationship with us. You may not assign, delegate, or transfer your rights or obligations under these Terms. If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our site