TERMS & CONDITIONS

Digitocloud.com Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.Digitocloud.com website.

The domain name www.Digitocloud.com (hereinafter referred to as “Website”) is owned by Digitocloud India LLP a limited liability partnership concern with its office at

Digitocloud Consulting is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Digitocloud Consulting may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 15th Dec 2014.

What we collect

We may collect the following information:

  • name and title
  • contact information including email address
  • demographic information such as postcode, preferences and interests
  • other information relevant to customer surveys and/or offers
  • Your Public profile

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

  • whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
  • if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at digitocloud@gmail.com

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to 1116,Tower-B, ITHUM BUILDING, Sector 62, Noida, Uttar Pradesh 201309.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below:

Company Name: Digitocloud , C/O Digitocloud India LLP.

Address: 1116,Tower-B, ITHUM BUILDING, Sector 62, Noida, Uttar Pradesh 201309

Telephone No.: +91-7838065707

E-Mail ID: digitocloud@gmail.com

(hereinafter referred to as “Digitocloud India”).

Your use of the Website, services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Digitocloud India and these terms and conditions including the policies constitute your binding obligations, with Digitocloud India.

Please read these Terms & Conditions carefully before using this websites. For the purpose of these Terms of Use, you the end user is referred to as “you”, “your” or “user” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Digitocloud.com allows the User to surf the Website or making purchases without registering on the Website. VitalThings or Digitocloud.com is referred to as “Digitocloud ” or “Company” “we,” “us,”, “our” or Company.

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. blogs, Digitocloud.com Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESETERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Digitocloud.com Policies ((including but not limited to Privacy Policy available on /s/privacy policy) as amended from time to time.

Definitions

“Agreement” means the terms and conditions as detailed herein including all schedules, appendices, annexures, privacy policy, and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.

“Digitocloud.com” / ”website ” means the online shopping platform and the services to buy the products listed on the site.

Modified Terms

The Company reserves the right at all times to discontinue or modify any of these Terms and Conditions and/or our Privacy Policy as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or confidentiality. We do not endorse in anyway any advertisers/ contents of advertisers on its web pages or other communication.

We will not be responsible for any damage suffered by users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries. This disclaimer of liability also applies to 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, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

User agrees and acknowledges that use shall be solely responsible for user’s conduct and that the Company reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall the Company, its affiliates, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever 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 Digitocloud.com sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.

We therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.

We shall not be liable for any delay / non-delivery of purchased goods, due to flood, fire, wars, acts of God or any cause that is beyond the control of Digitocloud.com.

Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Digitocloud.com website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Digitocloud.com reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Digitocloud.com’s notice or if it is discovered that you are under the age of 18 years.

Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Reviews and Public Communication

Digitocloud.com may, but is not required to, monitor, edit, delete or disclose the contents of a user’s email or reviews as required for normal maintenance of any of the Digitocloud.com websites or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Digitocloud.com; (2) protect and defend the rights or property of Digitocloud.com; (3) protect the personal safety of other Digitocloud.com website users or the public; or (4) to ensure compliance with our Terms and Conditions.

Contents Posted on Site

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Digitocloud.com’s express prior written consent.

You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at Privacy policy. If You object to Your Information being transferred or used in this way please do not use Website.

We and our affiliates will share / sell / transfer / license / covey some or all of your personal information with another business entity should we (or our assets)plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to your personal information. Once you provide your information to us, you provide such information to us and our affiliate and we and our affiliate may use such information to provide you various services with respect to your transaction whether such transaction are conducted on www.Digitocloud.com.com or with third party merchant’s or third party merchant’s website.

Limitation of Liability

The company, its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensers are not liable to you for any incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to Digitocloud.com websites or Digitocloud.com content or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in any Digitocloud.com websites, including without limitation as a result of breach of any term of this agreement. Applicable law many not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

In no event will company’s total liability to you for any and all damages, losses, and causes of action arising out of or related to your use of any Digitocloud.com website, regardless of the form, cause of action or the alleged basis for any claim, exceed the amount paid by you to Digitocloud.com, if any, for accessing the Digitocloud.com websites.

Indemnity

You agree that you will indemnify and hold harmless company and its directors, officers, shareholders, and agents from any and all liability arising in connection with your use of the Digitocloud.com websites, including but not limited to any information or content that you post on any of the Digitocloud.com websites.

Trademark, Copyright and Restriction

This site is controlled and operated by Digitocloud India. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Trademark complaint

Digitocloud.com respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Digitocloud.com at infringement@Digitocloud.com.

Limitation of Liability

IN NO EVENT SHALL DIGITOCLOUD.COM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Us

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website on Digitocloud@gmail.com.

Grievance officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Mr. SAHIL BAJAJ

Digitocloud India

1116, Tower B, I THE ITHUM BUILDING,

Sector 62, Noida, Uttar Pradesh 201309

Phone: +91- 7838065707

Email: digitocloud@gmail.com

Time: Mon – Fri (9:00 – 18:00)

POLICIES

Profanity Policy

Digitocloud.com prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

This policy extends to text within listings, on Digitocloud.com pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we will ‘blur’ out the bulk of the offending word with asterisks (i.e., s*** or f***).

Please report any violations of this policy to the correct area for review:

  • Report offensive Display Names
  • Report offensive language in a listing or otherwise

If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.

Disciplinary action may result in the indefinite suspension of a User’s account, temporary suspension, or a formal warning.

Digitocloud.com will consider the circumstances of an alleged policy violation and the user’s trading records before taking action.

Violations of this policy may result in a range of actions, including:

  1. Limits placed on account privileges;
  2. Loss of special status;
  3. Account suspension.

Entire Agreement

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement charges. We suggest to you, therefore, that you re-read this important notice containing our Terms and Conditions and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms and Conditions and Privacy Policy and you continue to use Digitocloud.com, you are impliedly agreeing to the Terms and Conditions and Privacy Policy expressed therein. Any such deletions or modifications shall be effective immediately upon the Company’s posting thereof. Any use of Digitocloud.com by user after such notice shall be deemed to constitute acceptance by the user of such modifications.

Electronic Communication

When you visit Digitocloud.com or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

License and Site Access

The website grants you a limited license to access and make personal use of the website and the service provided through the website. This license does not include any downloading or copying of account information for the benefit of any other third party; caching, unauthorized hypertext links to the website and the framing of any content available through the website uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in the Company’s sole discretion) an unreasonable or disproportionately large load on the website’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by the Company to prevent or restrict access to the website. Any unauthorized use by you shall terminate the permission or license granted to you by the website.

Disclaimer of warranties and limitation of liability

Digitocloud.com has made this service available to use as a matter of convenience. We expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. We also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this site, its servers, or e-mail sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

The Service(s) of the Company is provided on an “as is” basis without warranties of any kind, whether express or implied. We do not represent or warrant maintaining the confidentiality of information; although our current practice is to ensure reasonable efforts to maintain such If you believe that your work has been used or is accessible on Digitocloud.com websites in a way that constitutes copyright infringement, you may notify Digitocloud.com by providing us the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (2) a description of the copyrighted work that you claim has been infringed, including where the copyrighted work exists or a copy of the copyrighted work; (3) a description of where on the site the material that you claim is infringing is located, reasonably sufficient to permit Digitocloud.com to locate the material; (4) your address, telephone number, and email address; (5) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Company’s agent for notice of claims of copyright infringement for the Digitocloud.com websites can be reached by mail at

Warranty Disclaimers

Digitocloud.com recognizes the value of providing accurate and timely content. However Digitocloud.com websites is provided “as is” and without warranties of any kind either express, statutory or implied. Without limiting the foregoing,Digitocloud.com wants to ensure that you understand that there are no warranties:

  • That access to the Digitocloud.com websites will be error free or uninterrupted;
  • That the information on the Digitocloud.com websites will be accurate, complete or reliable
  • That the Digitocloud.com websites will be free of any virus, worm, Trojan horse or other harmful software code or
  • Of title or non-infringement.

Digitocloud.com hereby disclaims any and all implied warranties in connection with the Digitocloud.com websites, including without limitation of merchantability and fitness for a particular purpose.

Disclaimer as to Third Party Web Sites

Digitocloud.com also disclaims any responsibility for the accuracy, content, or availability of information found on websites that link to or from Digitocloud.com websites. You acknowledge that some advertisers or other companies employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive. Digitocloud.com is not liable for the accuracy, copyright compliance, legality, or decency of material or content contained in third-party sites and/or advertisements (including pop-up ads) and you hereby irrevocably waive any claim against us with respect to such sites or advertisements. Digitocloud.com does not ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Digitocloud.com websites. Digitocloud.com does not make any representations or warranties as to the security of any information, including, available on or through Digitocloud.com (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through Digitocloud.com for commercial or public purposes.

Governing Law

This site is created and controlled by Digitocloud India. The laws of India shall apply and courts in Delhi/New Delhi shall have jurisdiction in respect of all the terms, conditions and disclaimers. Digitocloud.com reserves the right to make changes to the website and the terms, conditions and disclaimers at any time and without information to the customers/users of the services/website of Digitocloud.com.

Dispute Resolution

If there is any dispute about or involving the Digitocloud.com Websites and/or the Service, by using the Digitocloud.com websites, you agree that the dispute will be governed by the laws of India. You agree to the exclusive jurisdiction to the courts of Delhi, India.

Contact Information

If you have questions or concerns regarding these Terms & Conditions, please contact our support at digitocloud@gmail.com