Terms of Use
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
Welcome to Siliconcloud.in (“Platform”), owned by SILICON BUSINESS SOLUTIONS PRIVATE LIMITED, a company incorporated under the Companies Act, 2013, and having its registered office address at Silicon Business Solutions Pvt Ltd, Plot 22, BhavyaSree Building, Jayabheri Pine Valley, Gachibowli, Hyderabad – 500032 (“Company” or “We” or “Us” (and derivates)). The Company is inter alia, engaged in the business of providing software solutions, including but not limited through enterprise solutions, smart network, cybersecurity services to end users (“Users”) via. the Platform (“Business”).
- 1. AVAILABILITY AND ELIGIBILITY
- 2. ACCEPTANCE OF TERMS
- 2.1. In order to access and/or use the Platform, the User must first agree to these Terms. The User can accept these Terms by:
- (a) Visiting the Platform. In this case, you understand and agree that We will treat your access to the Platform as acceptance of these Terms from that point onwards; or
- (b) By clicking to accept these Terms, if and when prompted on the Platform.
- 2.2. While using the Platform, the User shall not:
- 2.2.1. use the Platform for anyone other than the User, unless such person's prior permission has been obtained; or
- 2.2.2. use the Platform in the name of another person with the intent to impersonate that person.
- 3. GENERAL OBLIGATIONS AND CONDITIONS
- 3.1. The Company cannot and will not be liable for any loss or damage arising from the User’s failure to comply with these Terms.
- 3.2. The Company reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Platform.
- 3.3. The User is solely responsible for all activities that the User undertakes on the Platform and hereby undertakes that no such activity shall be unlawful or in violation of any applicable laws, rules, and regulations.
- 3.4. In no event and under no circumstances shall the Company be held liable for any liabilities or damages resulting from or arising out of the User’s use of the Platform.
- 4. ACCOUNT CREATION AND REGISTRATION
- 4.1. To access certain features or services available through the Platform, the User may be required to create an account ("Account"). The User agrees to provide complete, accurate and up-to-date information during the registration process and to promptly update such information to ensure that it remains accurate and current.
- 4.2. By creating an Account, the User represents and warrants that:
- 4.2.1. The User is at least 18 (Eighteen) years of age or otherwise has the legal capacity to enter into a binding contract under applicable law;
- 4.2.2. if the User is creating an Account on behalf of a company, organisation or other legal entity, the User has the authority to bind such entity to these Terms; and
- 4.2.3. all information provided by the User is true, accurate and complete.
- 4.3. User is responsible for maintaining the confidentiality and security of the login credentials, including your username and password, and for all activities carried out through the Account. User shall not share the login credentials with any other person or permit any unauthorised person to access or use the Account.
- 4.4. User shall notify the Company immediately upon becoming aware of any unauthorised access to or use of the Account or any other actual or suspected security breach. The Company shall not be liable for any loss or damage arising from your failure to maintain the confidentiality or security of the Account credentials
- 4.5. The Company reserves the right to refuse registration, suspend, restrict or terminate any Account, or require additional information to verify your identity or authority, if it reasonably believes that:
- 4.5.1. the information provided is inaccurate, false, misleading or incomplete;
- 4.5.2. the Account is being used in violation of these Terms or applicable law; or
- 4.5.3. such action is necessary to protect the security, integrity or operation of the Platform or the rights of the Company or any third party.
- 4.6. User may not create an Account by impersonating another person or entity, using false or misleading information, or otherwise creating an Account in a fraudulent or unauthorised manner.
- 4.7. Unless expressly permitted by the Company, each user may maintain only one Account. Accounts are personal to the registered User and may not be assigned, transferred, sold or otherwise made available to any third party.
- 5. ACCESS TO THE PLATFORM
- 5.1. The Company’s services shall be availed in accordance with the terms of the agreement that the Company shall execute with the User.
- 5.2. The User’s access to the Platform may be interrupted, for reasons including but not limited to maintenance, repairs, upgrades, or network or equipment failures. The Company strives to keep the Platform up and running; however, all online services suffer occasional disruptions and outages, and the Company isn’t liable for any disruption or loss the User may suffer as a result.
- 5.3. The Company may discontinue some or all the services provided on the Platform and/or content displayed on the Platform, as it may deem fit, at any time.
- 5.4. The Platform may make available curated learning paths comprising courses, modules, lessons, assessments, quizzes, videos, documents and other educational content ("Learning Paths"). Learning Paths are provided solely for educational and informational purposes and are subject to these Terms. The User’s access to any Learning Path is limited, non-exclusive, non-transferable and revocable, and is solely for the User’s personal or internal business use (as applicable). Except as expressly permitted by the Company, the User shall not copy, reproduce, distribute, modify, publish, create derivative works from, sell, sublicense, share, or otherwise exploit any Learning Path or any part thereof. The Company may, at its sole discretion, add, modify, update, suspend, discontinue or remove any Learning Path, or any part thereof, at any time without prior notice. Completion of a Learning Path does not guarantee the award of any certificate, credential, accreditation or professional qualification unless expressly stated by the Company. The Company reserves the right to establish prerequisites, eligibility criteria, completion requirements and assessment standards for any Learning Path and may revoke or suspend access where it reasonably believes that these Terms have been violated or where fraudulent or improper use is detected.
- 6. PAYMENT
Use of any services displayed on the Platform shall be charged as per the prices indicated in the agreement executed between the Company and the User separately.
- 7. USE OF THE PLATFORM
- 7.1. The User agrees, undertakes, and covenants that, during the use of the Platform, the User shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
- 7.1.1. belongs to another person or entity and to which the User does not have any right;
- 7.1.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person's privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence, or otherwise inconsistent or contrary to the applicable laws in force in any manner whatsoever;
- 7.1.3. is harmful to minors;
- 7.1.4. is misleading in any way;
- 7.1.5. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- 7.1.6. infringes upon or violates any third party's rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number);
- 7.1.7. provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses.
- 7.1.8. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Platform.
- 7.1.9. engages in commercial activities without the Company’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.;
- 7.1.10. interferes with another user’s use of the Platform.
- 7.1.11. refers to any Platform or URL that, in the Company’s sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms;
- 7.1.12. deceives or misleads the addressee/users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact;
- 7.1.13. contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 7.1.14. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
- 7.1.15. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
- 7.1.16. contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data, or personal information.
- 7.1.17. is in the nature of an online game that is not verified as a permissible online game;
- 7.1.18. is in the nature of advertisement or surrogate advertisement or promotion of an online; and/or
- 7.1.19. violates any law for the time being in force.
- 7.2. The User agrees and acknowledges that the User (a) shall not use the Platform for any illegal or unauthorized purpose; and (b) use of any information or materials on the Platform is entirely at the User’s own risk, for which the Company shall not be liable.
- 7.3. The User agrees to comply with all laws, rules, and regulations applicable to the use of the Platform. The User further agrees and acknowledges that the User shall use the Platform for the User’s personal or business use only and not for any commercial exploitation.
- 7.4. The Company shall have the right, but not the obligation, to monitor access to or use of the Platform to ensure the User’s compliance with these Terms, or applicable laws or other legal requirements, at its sole discretion.
- 8. CONTACT FORMS AND INQUIRIES
- i. you consent to the Company using your information to respond to your inquiry and to contact you for related business purposes;
- ii. you represent that the information you provide is accurate and does not infringe the rights of any third party; and
- iii. you acknowledge that submission of an inquiry does not create any contractual relationship or obligation on the Company to provide Services.
- 9. LINKS TO THIRD PARTY WEBSITES
The Platform may contain links and interactive functionality interacting with the websites of third parties. The Company is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, the Company strongly recommends that the User reviews and understands the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.
- 10. LIMITATION OF LIABILITY
- 10.1. The User hereby acknowledges that the Company shall not be held liable to the User for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues.
- 10.2. The Company shall also not be liable under any circumstance for damages arising out or related in any way to (a) any errors, mistakes, or inaccuracies of content; (b) any unauthorized access to or use of the secure servers and/or any and all personal and/or other user information stored therein; (c) any interruption or cessation of transmission to or from the Services on the Platform or the failure of the Services to remain operational for any period of time; (d) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party; (e) any loss of the User’s data arising from any use of or inability to use any parts of the Platform; (f) 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, transmitted, or otherwise made available via. the Platform; (g) use of the Platform in a smartphone device/operating system that does not support normal functioning of the Platform;
- 10.3. The Company shall not be liable under any circumstances for damages arising out of or in any way related; services offered or provided by third-parties, through the Platform.
- 11. DISCLAIMER OF WARRANTIES
THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE USER THROUGH THE PLATFORM (COLLECTIVELY, “CONTENTS“) ARE PROVIDED BY THE COMPANY ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
- 12. INDEMNIFICATION
The User shall indemnify and hold harmless the Company, affiliates, subsidiaries (as applicable) and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of the User’s breach of these Terms, Privacy Policy and other policies, or the User’s violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.
- 13. CONTENT AND INTELLECTUAL PROPERTY RIGHTS
- 13.1. Other than (a) information provided by the User, and (b) the trademarks, logos, service marks and content displayed on the Platform that are the property of third parties, the Company solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Services provided on the Platform and the Contents (“Platform Content”) and is protected under Indian law.
- 13.2. Through the User’s use of the Platform, by no means are any rights impliedly or expressly granted to the User in respect of such Platform Content. The Company reserves the right to change or modify the Services and/or the Platform Content (as the case may be) from time to time at its sole discretion.
- 13.3. The User hereby acknowledges that the Platform Content and the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by the Company and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of the Company and such others. The User thereby agrees to protect the proprietary rights of the Company and such others during and after the term of these Terms.
- 13.4. The User shall use the Platform strictly in accordance with these Terms, and shall not, directly or indirectly, (a) decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Platform; (b) make any modification, adaptation or improvement, enhancement, translation or derivative work from the Platform; (c) violate any applicable laws, rules or regulations in connection with his/her access or use of the Platform, including his/her use of any Platform Content; (d) remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Platform; (e) use the Platform for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended; (f) distribute or transmit the Platform or other services; (g) use the Platform for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with these Terms; (h) use the Platform for creating a service or software that is directly or indirectly, competitive with the Platform or any Services; or (i) derive any confidential information, processes, data or algorithms from the Platform.
- 13.5. Any infringement shall lead to appropriate legal proceedings against the User at appropriate forum for seeking all available remedies under applicable laws of the country.
- 14. PRIVACY POLICY
The personal information/data provided by the User to the Company during the course of usage of the Platform will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If the User objects to his/her information being transferred or used, the User is advised not to use the Platform.
- 15. SEVERABILITY AND WAIVER
These Terms, the Privacy Policy and other referenced material on the Platform, are the entire agreement between the User and the Company with respect to the Services offered on the Platform and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between the User and the Company with respect thereto and govern the future relationship between the Company and the User. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- 16. ASSIGNMENT
It is expressly agreed by the parties that the Company may assign all or part of its rights or duties under these Terms without such assignment being considered a change to these Terms and without notice to the User, except to the extent provided by law.
- 17. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts of Hyderabad shall have exclusive jurisdiction. In the event of any dispute arising out of these Terms, the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties, and governed by the Arbitration and Conciliation Act, 1996, as amended from time to time. The venue and seat of arbitration shall be Hyderabad.
- 18. FORCE MAJEURE
The Company shall not be liable for any failure or delay in performance arising out of causes beyond its reasonable control, including acts of God, natural disasters, war, civil unrest, government action, cyberattacks, epidemic or pandemic, power outages, or failure of internet or telecommunications infrastructure.
- 19. GRIEVANCE REDRESSAL MECHANISM
For registering your concerns, complaint or grievances, please write to the below mentioned designated officer of the Company at the below-mentioned email address in relation to any violation of these Terms or the applicable laws. The designated officer shall redress the concerns, complaint or grievances in accordance with the applicable laws.
- Name: Anish Kholay
-
Address: Silicon Business Solutions Pvt Ltd
Plot 22, BhavyaSree Building, Jayabheri Pine Valley
Gachibowli, Hyderabad – 500032 - Phone Number: 0406 520 0000
- E-mail: anish.kholay@silicon.in
- 20. HOW TO CONTACT US
If the User has questions or concerns about these Terms, the User may contact the Company at info@silicon.in.