Website Terms of use

Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").

By using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services.

In these Terms, references to "you", "User" shall mean the end user accessing the website, its contents and using the services offered through the website. "We", "us" and "our" shall mean VueNow Marketing Services Private Limited (VMSPL) (hereinafter referred as ‘VMSPL’), and its authorized affiliates.

1. Introduction

1. 1. www.mycloudparticles.com website ("Website") is an Internet based content and e-commerce portal owned and operated by VMSPL, registered as a Ltd company incorporated under Companies Act 2013 of India.
   2. Use of Website is offered to you on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. VMSPL at its sole discretion reserves the right not to accept a user from registering on the website without assigning any reason thereof.

2. User Account, Password and Security

Upon completing the registration process the user will receive a password and account designation. The user is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under the user’s password or account. The user agrees to

1. 1. Immediately notify at care@vuenow.in of any unauthorized use of your password or account or any other breach of security, and
   2. Ensure that the user exits from the logged in account at the end of each session. VMSPL/ mycloudparticles cannot and will not be liable for any loss or damage arising from the user’s failure to comply with this section.

3. Services

mycloudparticles.com provides a number of internet based services through the website (all services collectively understood as "Service") Cloud Storage & Allied Services. 

4. Privacy Policy

The User hereby consents, expresses and agrees that he/she has read and fully understands the Privacy Policy of mycloudparticles.com in respect of the website and its contents. The user further consents that the terms and contents of such Privacy Policy are acceptable to him/her.

5. Limited User

The eligibility of use of service of mycloudparticles.com website and its contents is limited to a registered user only. The User agrees and undertakes not to alter, modify, copy, reproduce, distribute, transfer, transmit, display, publish, license, create derivative works, or sell any information or software obtained from the website.

6. Categories of Users or Accounts

The company may at its sole discretion create differentiated categories of accounts in addition to the standard account with or without varying or increased benefits. Such accounts with enhanced benefits may be called Premium accounts, and the company may limit transfer or inheritance of such extra benefits. As on date, all transfers or sale of existing Premium Accounts will result in the Premium Account being converted to a Normal Account or Standard Account.

7. User Conduct and Rules

The user agrees and undertakes to use the website and other social media platforms of mycloudparticles.com only to post and upload messages and material that are only relevant to the service and business undertaken and promoted by VMSPL.

By way of example, and not as a limitation, the user agrees that when using a service, the user shall not

1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of other users or any individual
2. Publish, post, upload, distribute or distribute any inappropriate, profane, derogatory, obscene, indecent or unlawful topic, name, material or information, political, religious or hate speech
3. Upload files that contain display, information, software or other material protected by intellectual property laws
4. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that can cause damage to any sort of operation
5. Conduct surveys, contests, pyramid schemes or chain letters
6. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
7. Violate any code of conduct or other guidelines, which may be applicable for or to any particular service
8. Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.

8. User Guarantee

The user guarantees and certifies that the user himself/herself is the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. The user further warrants that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used in connection with the Services rendered by VMSPL/ mycloudparticles.

9. Exactitude of Products

At My Cloud Particles, it's our passion to ensure our highest quality of our products and ensure your satisfaction. However, at times even the best of our efforts doesn’t meet your desired expectations. In such instances, replacement of products or refund of amount paid will be as per our product return policy.

10. Intellectual Property Rights

1. VMSPL/ mycloudparticles.com owns all Intellectual Property Rights to and into the website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. The user hereby acknowledges and agrees that the user shall not use, reproduce or distribute any content from the Website belonging to mycloudparticles.com.
2. It is clarified that the user will retain ownership and shall solely be responsible for any content that the user provides or uploads when using any service, including any text, data, information, images, photographs, music, sound, video or any other material which the user may upload, transmit or store when using our services.

11. Links to Third Party Sites

Mycloudparticles.com website may contain links to other websites ("Links"). The Links are not under the control of VMSPL/ mycloudparticles.com or the Website and VMSPL/ mycloudparticles.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. VMSPL/ mycloudparticles.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. VMSPL/ mycloudparticles.com is providing these links to you as a convenience only, and the inclusion of any link does not imply endorsement by VMSPL/ mycloudparticles.com. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

12. Disclaimer and Limitation of Liability

VMSPL/ mycloudparticles.com has endeavoured to ensure that all the information on the Website is correct, but VMSPL/ mycloudparticles.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. In no event shall VMSPL/ mycloudparticles.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

1. The use or the inability to use the Services;
2. Unauthorized access to or alteration of the user's transmissions or data;
3. Any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website or service.

VMSPL/ mycloudparticles.com shall not be held responsible for non-availability of the website during planned and pre-informed periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond VMSPL/ mycloudparticles control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and user will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

VMSPL is not responsible for payments of monthly rentals to the Asset Owner under the AMPA. Such payments are made by the concerned Lessee directly. In case the Lessee fails to make monthly rental payments for three consecutive months, VMSPL shall be responsible to arrange for another Lessee entity who will take the Data Centre Assets on rent from the Asset Owners. VMSPL will also, as a matter of courtesy and good will, pay an amount equal to the missed rental payment to the Asset Owner. Such payments are not to be treated as rental payment by VMSPL to the Asset Owner.

Effective from 01 November 2021, all transfers or sale of existing Premium Accounts will result in the Premium Account being converted to a Normal Account.

13. If you are an already existing channel partner or asset owner, you may purchase the ownership of another account provided your PAN card limit does not exceed 360 TB. Please note that you will be able to enjoy only the rental benefits, but no other benefits or channel partner rights.

14. It is the responsibility of the Asset Partner / Channel Partner to keep all information fields updated, including the details of the nominee(s). In case there is any untoward eventuality with the Asset Partner / Channel Partner, and they have not updated the nominee details, their account will be transferred immediately to Sukhi Desh Foundation until such a time as the issue of succession is not resolved by courts with appropriate jurisdiction.

15. In case of any untoward eventuality including but not limited to death, permanent post coma unresponsiveness, multi limb paralysis, or any other condition leading to severe disability to perform daily tasks, SukhiDesh Foundation may provide the family of the concerned Asset Partner / Channel Partner benefits equivalent to maximum 40 particles. Such provisioning of benefits, their frequency and duration, will be solely at the discretion of SukhiDesh Foundation.

16. If Asset Partner transfers their assets to anyone else, all the benefits including but not limited to monthly rentals, will become payable to the new Asset Owner. The Asset Partner who sells their assets shall no longer have any claim over any benefits that the current Asset Partner may enjoy, or over any additions or new benefits that may be applicable from time to time.

17. If any Channel Partner is terminated for any reason whatsoever, they shall immediately loose all the benefits including but not limited to any payments or over any additions or new benefits that may be applicable from time to time.

18. The company understands an Active Channel Partner to be one who has regular and substantial sales from their team as well as their own efforts, attends and is available for seminars and Leadership Development Programmes organised by the company or its representatives, leads, manages and resolves queries of their team members to their satisfaction, understands the importance of official communication and abides by all communication rules and regulations that the company may issue from time to time.

19. Indemnification

The user agrees to indemnify, defend and hold harmless VMSPL/ mycloudparticles.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by VMSPL/ mycloudparticles.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the user pursuant to these Terms.

20. Pricing

Prices for products are described on our website, product catalogue or other mediums and are incorporated into these Terms by reference. All prices are in Indian rupees. VMSPL/ mycloudparticles resrves the right to change Prices, products and Services at its sole discretion from time to time.

21. Termination

1. VMSPL/ mycloudparticles.com may suspend or terminate the user’s use of the website or any Service if it believes, in its sole and absolute discretion that the user has breached one or more terms of Terms mentioned here and otherwise.
2. These Terms will survive indefinitely unless and until VMSPL/ mycloudparticles.com chooses to terminate them at any time.
3. If a user or VMSPL/ mycloudparticles.com terminate use of the website or any Service, VMSPL/ mycloudparticles.com may delete any content or other materials relating to the user’s use of the Service and VMSPL/ mycloudparticles.com will have no liability to the user or any third party for doing so.
4. User shall be liable to pay for any service or product that user has already ordered till the time of Termination by either party whatsoever. Further, user shall be entitled to royalty payments as per the User License Agreement that has or is legally deemed accrued to the user.

22. Governing Law

All terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Chandigarh or Delhi.

23. Headings

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the website contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

24. Severability

If any provision of all the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

25. Report Abuse

As per these Terms, users are solely responsible for every material or content uploaded on to the Website or related social media platforms. VMSPL/ mycloudparticles.com does not review the contents in any way before they appear on the website. VMSPL/ mycloudparticles.com does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include defamatory comments or material protected by copyright, trademark, etc.

If you come across any abuse or violation of these Terms, please report to care@vuenow.in