These Terms and Conditions ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “User”), and Multicloud4u Private Limited, a company incorporated under the laws of India, having its registered office at Floor 9 Tower A Spaze iTech Park Sohna Gurgaon Rd Sec 49 Gurugram Haryana 122018, Gurugram, Haryana, India (hereinafter referred to as the "Company," "we," "us," or "our"), concerning your access to and use of our website located at 5thir.com , our mobile applications, and any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”).
By accessing the Platform, creating an account, making a purchase, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference.
1. DEFINITIONS
In these Terms, the following capitalised terms shall have the meanings ascribed to them below:
- 1.1 Account: The registered user profile created by a User to access specific features of the Platform.
- 1.2 Blog: Any written content, article, or publication made available on the Platform, which may be Company owned or Creator owned.
- 1.3 Community: An online group, forum, or space on the Platform, managed by a Creator, for interaction, collaboration, and discussion among its Members.
- 1.4 Company Content: All content, software, technology, and intellectual property owned or licensed by the Company and made available on the Platform, excluding Creator Content and User Generated Content.
- 1.5 Course: Digital educational content, including but not limited to pre-recorded videos, live sessions, textual materials, assignments, and tutorials, offered on the Platform by Creators.
- 1.6 Creator: An independent third-party individual or entity who uses the Platform to create, publish, manage, and offer Courses, Communities, Events, or Blogs to other Users. Creators are not employees, agents, or partners of the Company.
- 1.7 Creator Content: All content, including Courses, Community materials, Event information, and Blogs, that is created, uploaded, posted, or otherwise made available on the Platform by a Creator.
- 1.8 Event: An online or offline conference, webinar, workshop, seminar, or other gathering organised and offered by a Creator or the Company through the Platform.
- 1.9 Member: A User who has enrolled in, subscribed to, or joined a Community.
- 1.10 NFC: Near Field Communication technology used to enable the sharing of digital business card information and related profile details, by tapping or bringing a compatible device into proximity.
- 1.11 Subscription: A payment plan for accessing specific Courses, Communities, or other services on the Platform for a defined period, subject to applicable fees and terms.
- 1.12 User-Generated Content (UGC): Any content, including comments, posts, reviews, messages, images, or other materials, that a User (who is not acting as a Creator) submits, posts, or displays on the Platform.
2. USER ELIGIBILITY AND ACCOUNT RESPONSIBILITIES
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2.1 Eligibility:
The Platform is intended for users who are at least 18 years of age or the age of legal majority in their jurisdiction. By using the Platform, you represent and warrant that you have the legal right, authority, and capacity to enter into these Terms and to comply with all applicable conditions.
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2.2 Account Registration:
To access most features of the Platform, you must register for an Account. You agree to provide accurate, current, and complete information during the registration process and to keep such information updated.
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2.3 Account Security:
You are responsible for safeguarding your password and any other credentials used to access your Account. You agree not to share your password with any third party and are solely responsible for all activities that occur under your Account. You must notify us immediately of any unauthorised use.
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2.4 Account Misuse:
You may not create multiple Accounts for disruptive or abusive purposes, or sell, trade, or transfer your Account. The Company reserves the right to suspend or terminate Accounts containing inaccurate, outdated, or incomplete information.
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3.1 Intermediary Status:
You expressly acknowledge and agree that the Company operates as a technology platform and an intermediary as defined under the Information Technology Act, 2000 and the rules framed thereunder. The Platform acts as a neutral venue providing tools and technology to connect Creators with other Users.
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3.2 No Endorsement or Guarantee:
The Company does not create, endorse, control, or assume responsibility for any Creator Content or User-Generated Content. The presence of a Creator on the Platform does not imply endorsement or recommendation. We make no representations or warranties regarding the quality, accuracy, reliability, safety, legality, or outcomes of any Course, Community, Event, or other offering. The Platform provides AI-enabled assessment and recruitment support tools as a technology service; any fees charged, where applicable, are solely for access to assessment or platform features and do not constitute a job placement service or guarantee of employment.
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3.3 Safe Harbour:
In accordance with Section 79 of the Information Technology Act, 2000 and other applicable laws, our liability for third-party information, data, or communication links hosted or made available on the Platform is limited. We do not initiate transmissions, select recipients, or modify the content of Creator Content or User-Generated Content.
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3.4 No Agency:
Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchisee relationship. Creators act as independent contractors and are solely responsible for their business operations, content, representations, and legal compliance.
4. COURSES
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4.1 Access and License:
Upon payment of applicable fees for a Course, you are granted a limited, non-exclusive, non-transferable, and revocable license to access and view the Course content solely for your personal, non-commercial, and educational use. The specific license terms, including access duration or subscription details, will be communicated at the time of purchase.
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4.2 Restrictions:
You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any Course content without prior written permission from the Company.
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4.3 Disclaimer of Outcomes:
The Company and its Creators do not guarantee any professional accreditation, employment, certification, or specific learning outcomes resulting from your participation in or completion of a Course.
5. COMMUNITIES AND THREE-PARTY AGREEMENT STRUCTURE
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5.1 Creator-Led Spaces:
Communities are managed and operated solely by Creators. Each Creator is responsible for establishing rules, moderating content, and fulfilling any promises, commitments, or representations made to Members of their Community.
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5.2 Three-Party Relationship:
You acknowledge that by joining a Community, you enter into a direct relationship with the Creator of that Community. The Company only provides the underlying technology and is not a party to any agreement or relationship between a Creator and a Member.
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5.3 Disputes:
Any dispute, claim, or controversy arising between a Member and a Creator in connection with a Community must be resolved directly between those parties. The Company has no obligation to mediate or resolve such disputes, but may, at its sole discretion, provide assistance.
6. CREATOR OBLIGATIONS, REPRESENTATIONS, AND WARRANTIES
This Section applies to you if you are a Creator.
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6.1 Platform Relationship:
Your use of the Platform as a Creator does not create any employment, agency, partnership, or joint venture relationship between you and the Company. Creators act solely as Users of the Platform and operate independently when offering Creator Content to other Users.
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6.2 Representations and Warranties:
You represent and warrant that, to the best of your knowledge:
- (a) You own or have all necessary rights, licences, and permissions to submit the Creator Content and to grant the rights set out in these Terms.
- (b) The Creator Content does not infringe or misappropriate any third-party intellectual property, proprietary, or privacy rights.
- (c) The Creator Content does not intentionally include unlawful, misleading, or defamatory material.
- (d) You will accurately describe your offerings and make reasonable efforts to honour all commitments and representations made to Users.
- (e) You will comply with all applicable laws and regulations relevant to your activities on the Platform, including data protection, consumer protection, and advertising laws.
7. EVENTS, CONFERENCES, AND TICKETING
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7.1 Ticketing:
The Platform may be used to facilitate the sale of tickets for online and offline Events. All ticket purchases are subject to the terms and conditions specified by the relevant event organiser, whether a Creator or the Company.
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7.2 Cancellations and Changes:
Event details, including dates, times, speakers, and content, may be changed at the discretion of the event organiser. The organiser is responsible for communicating any changes. Refunds and cancellations for Events are governed by our separate Refund Policy.
8. BLOGS AND WRITTEN CONTENT
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8.1 Ownership:
Blogs and other written content available on the Platform may be owned by the Company or by individual Creators, as applicable.
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8.2 Permitted Use:
You may access and read Blogs solely for your personal, non-commercial use. You may not reproduce, distribute, modify, or otherwise use such content without the express prior written permission of the respective content owner.
9. SUBSCRIPTIONS, PAYMENTS, AND TAXES
The Platform operates as a Software-as-a-Service (SaaS) model providing digital identity, profile management, subscription-based access, and related digital services. Any NFC-enabled card offered by the Company functions solely as an access-enablement device to the SaaS platform and does not constitute a standalone retail product.
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9.1 Payments:
We use third-party payment gateways to process payments. By making a purchase, you agree to comply with the terms and conditions of the applicable payment gateway. The Company is not responsible for any errors, delays, or issues caused by the payment gateway.
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9.2 Payment Security:
The Company does not collect, store, or retain sensitive payment information, including card details, CVV, or banking credentials. All payment processing, encryption, and PCI-DSS compliance are handled solely by the payment gateway. The Company shall not be liable for any data breach or security failure attributable to the payment gateway.
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9.3 User Representation:
By initiating a transaction, you represent that you are legally authorised to use the selected payment method and that all payment information provided is accurate and complete. Users are encouraged to contact us at
[email protected]
before initiating any chargeback or payment dispute. Nothing in these Terms restricts statutory rights available to Users.
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9.4 Taxes and Invoicing:
All prices displayed on the Platform are exclusive of applicable Goods and Services Tax (GST) unless expressly stated otherwise. Applicable GST shall be charged at checkout in accordance with Indian law. GST invoices may be requested by emailing
[email protected]
along with the required details, including GSTIN, where applicable.
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9.5 Transaction Confirmation:
A transaction shall be considered complete only upon successful receipt of funds by the Company. Automated acknowledgements or notifications do not constitute payment confirmation. Fulfilment of Services shall begin only after confirmation of payment.
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9.6 Failed Transactions:
The Company shall not be liable for failed, declined, or incomplete transactions. Resolution of such issues shall be governed by the policies of the payment gateway or the User’s financial institution. Users may contact
[email protected]
with relevant transaction details for assistance.
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9.7. Refunds and Cancellations:
All requests for refunds are governed by our Refund Policy, which is available at Refund and cancellation and is incorporated into these Terms by reference.
Users may cancel active subscriptions by submitting a request via their account dashboard (if enabled) or by contacting [email protected]. Cancellation shall take effect at the end of the current billing cycle unless otherwise specified.
No partial or prorated refunds shall be provided for unused portions of a subscription once digital access has been granted, unless required under applicable law.
If a refund request is approved, the refunded amount shall be credited back to the User’s original payment method or bank account within 7–10 business days from the date of approval. The actual credit timeline may vary depending on the User’s bank or payment service provider.
Refunds shall not apply to digital services already accessed, profiles created, customized digital cards generated, or SaaS features activated, except where required under applicable law.
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9.8. Chargebacks and Payment Disputes:
If a User raises a chargeback or payment dispute with their bank or card issuer, the dispute will be processed in accordance with applicable banking and card network rules. The Company may be required to share relevant transaction details, access logs, usage records, and policy documents with its payment gateway and banking partners for the purpose of responding to such disputes.
The Company reserves the right to suspend or permanently terminate access to the SaaS services in cases of fraudulent, abusive, or bad-faith chargebacks. The Company may contest such disputes by submitting transaction records, access logs, and service usage data to the payment gateway or issuing bank.
Users are encouraged to contact the Company at [email protected] to seek resolution of any payment-related issue prior to initiating a chargeback. Nothing in these Terms limits a User’s statutory rights to raise a dispute with their bank or card issuer.
The Company reserves the right to contest chargebacks that are fraudulent, abusive, or inconsistent with the applicable Refund Policy. Repeated or abusive chargebacks may result in review, suspension, or restriction of the User’s Account, subject to applicable law
- 9.9 Accepted Payment Modes:
We accept payments through authorised third-party payment gateways, including but not limited to UPI, credit cards, debit cards, net banking, wallets, and other digital payment methods made available at the time of checkout.
- 9.10 Currency: All prices displayed on the Platform are in Indian Rupees (INR).
- 9.11 Price Modification: The Company reserves the right to modify pricing for any Course, Subscription, Event, or service at its sole discretion. Any such modification shall not affect transactions that have already been successfully completed.
- 9.12 Refund Eligibility: Refund eligibility shall be subject to the specific terms applicable to the Course, Subscription, Event, or service purchased. Certain digital products, subscriptions, or services may be non-refundable once access has been granted or the service has commenced, unless otherwise required under applicable law.
- 9.13 Refund Timeline and Credit of Funds :
In the event that a refund request is approved, the refunded amount shall be credited back to the User’s original payment method or bank account within 7–10 business days from the date of approval.
The Company shall initiate the refund within the stated period. The actual credit timeline may vary depending on the User’s bank, card issuer, or payment service provider.
- 9.14 Fraud Prevention and Suspension Rights:
The Company reserves the right to suspend, restrict, or terminate User Accounts in cases of suspected fraudulent activity, misuse of payment systems, abusive chargebacks, or violation of these Terms, subject to applicable law.
Users are encouraged to contact the Company at [email protected] prior to initiating any chargeback or payment dispute to enable amicable resolution.
We may take proportionate action, including content removal or suspension or termination of Accounts, where reasonably necessary to enforce these Terms or comply with legal requirements.
10. USER-GENERATED CONTENT AND CONTENT MODERATION
10.1. Responsibility for UGC: You are solely responsible for your UGC and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary rights to your UGC and that it does not violate these Terms.
10.2. Content Moderation: We may, in accordance with applicable law and our content policies, review, restrict, remove, or disable access to any Creator Content or User-Generated Content where such content is reported, identified, or otherwise comes to our notice as violating these Terms or applicable law. Users are responsible for content they post. Company may remove unlawful content.
11. INTELLECTUAL PROPERTY RIGHTS
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11.1 Company IP:
The Platform, including its look and feel, source code, software, logos, trademarks, and all Company Content, is the exclusive property of the Company and its licensors and is protected under applicable copyright, trademark, and other intellectual property laws of India and foreign jurisdictions.
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11.2 Creator IP:
Creators retain all intellectual property rights in their Creator Content. By uploading or making Creator Content available on the Platform, Creators grant the Company a limited, non-exclusive license to host, store, display, distribute, and make such content available through the Platform for the purposes of operating and promoting the Services.
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11.3 No Unauthorised Use:
You agree not to copy, reproduce, modify, create derivative works of, publicly display, publicly perform, distribute, or republish any Company Content or Creator Content without prior written consent from the respective rights holder.
12. PROHIBITED CONDUCT
You agree not to use the Platform to:
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(a)
Violate any applicable local, state, national, or international law, rule, or regulation.
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(b)
Post, upload, transmit, or distribute any content that is unlawful, defamatory, libellous, inaccurate, misleading, fraudulent, harassing, obscene, pornographic, profane, threatening, abusive, hateful, or otherwise objectionable.
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(c)
Infringe, violate, or misappropriate the intellectual property rights or other proprietary rights of any third party.
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(d)
Transmit or introduce any viruses, worms, malware, defects, Trojan horses, or other items of a destructive or harmful nature.
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(e)
Engage in spamming, phishing, scraping, or the sending of unsolicited or unauthorised communications.
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(f)
Interfere with, disrupt, or attempt to interfere with the integrity, security, or performance of the Platform or the data contained therein.
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(g)
Attempt to gain unauthorised access to the Platform, other user accounts, or any computer systems or networks connected to the Platform.
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(h)
Use the Platform for unauthorised, deceptive, or unlawful commercial activities, including misleading promotions, spam-based marketing, or activities that violate applicable laws or these Terms.
13. SUSPENSION AND TERMINATION
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13.1 Termination by You:
You may terminate your Account at any time by following the account closure or deactivation instructions available on the Platform.
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13.2 Termination by Us:
We may, in our sole and absolute discretion, suspend, restrict, disable, or terminate your Account and/or access to the Platform, in whole or in part, with or without cause, and with or without prior notice, where permitted by applicable law. Grounds for such action include, but are not limited to:
- A breach of these Terms
- A request by law enforcement or other government agencies
- Prolonged periods of inactivity
- Unexpected technical or security issues
- 13.3 Effect of Termination: Upon termination, all licenses and rights granted to you in these Terms will immediately cease. We will not be liable to you or any third party for any termination of your access to the Platform..
14. DISCLAIMER OF WARRANTIES
THE PLATFORM AND ALL CONTENT AND SERVICES PROVIDED THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
15. LIMITATION OF LIABILITY
15.1 Exclusion of Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY (INCLUDING CREATORS) ON THE PLATFORM; (III) ANY CONTENT OBTAINED FROM THE PLATFORM; AND (IV) UNAUTHORISED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
15.2 Liability Cap: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE PLATFORM SHALL IN NO EVENT EXCEED THE GREATER OF THE TOTAL AMOUNT OF FEES PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
16. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your User-Generated Content, your Creator Content (if applicable), any use of the Platform's content, services, and products other than as expressly authorised in these Terms, or your violation of any law or the rights of a third party.
17. DATA PROTECTION AND PRIVACY
Your privacy is important to us. Our Privacy Policy, available at Privacy Policy, explains how we collect, use, and share your personal information. By using the Platform, you agree to the collection and use of information in accordance with our Privacy Policy.
Users may request deletion of their Account and associated personal data by contacting the Company at [email protected] . Such requests shall be processed within 15 business days, subject to applicable legal retention requirements.
17.1 Cookies and Tracking Technologies
The Platform may use cookies, web beacons, pixels, local storage objects, device identifiers, analytics tools, and similar tracking technologies (collectively, “Tracking Technologies”) to collect and store certain information automatically when Users access or interact with the Platform.
These Tracking Technologies may be used for purposes including, but not limited to:
- Ensuring proper functioning and security of the Platform
- Maintaining session integrity and user authentication
- Analysing usage trends, traffic patterns, and performance metrics
- Personalising user experience and remembering preferences
- Preventing fraud, abuse, and unauthorised access
- Supporting payment processing and transaction verification
- Improving services, features, and overall Platform performance
Some Tracking Technologies may be placed by third-party service providers, including analytics providers, payment gateways, cloud hosting providers, and security service providers. Such third parties may collect information in accordance with their respective privacy policies.
Users may manage, block, or delete cookies through their browser settings or device controls. However, disabling certain Tracking Technologies may limit functionality, affect user experience, or prevent access to specific features of the Platform.
By continuing to use the Platform, Users consent to the use of cookies and Tracking Technologies as described herein and in our Privacy Policy.
For detailed information regarding the categories of data collected, retention periods, and user rights relating to Tracking Technologies, please refer to our Privacy Policy.
18. THIRD-PARTY SERVICES AND INTEGRATIONS
The Platform may contain links to third-party websites or services and may integrate with third-party applications and services that are not owned or controlled by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
19. ELECTRONIC COMMUNICATIONS AND NOTICES
By using the Platform, you consent to receiving electronic communications from us. These communications may include notices about your Account and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
20. FORCE MAJEURE
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, or pandemics.
21. ASSIGNMENT AND CORPORATE RESTRUCTURING
You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent.We may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of our assets, provided that such assignment does not materially reduce your rights under these Terms.
22. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Gurugram , Haryana, India to resolve any legal matter arising from these Terms.
23. GRIEVANCE REDRESSAL
You may submit your grievances or complaints by contacting our Grievance Officer, who is responsible for receiving, reviewing, and resolving complaints in a fair, transparent, and timely manner.
Grievance Officer Name: Ganesh Sharma
Phone Number: +91 8448341325
Email:
[email protected]
We acknowledge complaints within 24–48 hours. Resolution timelines may vary depending on the complexity of the issue and applicable legal requirements.
24. MISCELLANEOUS
24.1 Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
24.2 Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
24.3 Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices published by us on the Platform, shall constitute the entire agreement between you and us concerning the Platform.
24.4 Amendments: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms.
Email:
[email protected]
Phone:-
+91 89202 22218
This Terms of Service constitutes a legally binding agreement between the User and Multicloud4u Private Limited.