CloudEye Technologies India Pvt. Ltd. (OPC) Terms and Conditions of Use
CloudEye Technologies India Private Limited (OPC) hereby called as “CloudEye Technologies” or ’Company’ is the author and publisher of the application ‘SkillJo’, hereby called as (‘Application’ or ‘SkillJo’ or ‘App’ or ‘Build’)
The Content of the Application is the property of ‘CloudEye Technologies’ having its registered office at ‘C-6, 2nd Floor, 1st Lane Dwarakanagar, Visakhapatnam-530016, Andhra Pradesh, India
Welcome to our SkillJo!
SkillJo and its associates provide their services to you subject to the following conditions.
Please carefully go through these terms and conditions (“Terms”) before to avail the services made available on the ‘SkillJo’ Application by CloudEye Technologies. These Terms constitute a legal agreement (“Agreement”) between you and CloudEye Technologies in connection to your use of the Services (as defined below).
By downloading or registering in the Application to avail ‘SkillJo’ Services, you irrevocably accept all the obligations stipulated in these Terms of Use and agree to abide by them.
Accessing the application through any medium, including but not limited to accessing the application through mobile phones, smart phones and tablets, are also subjected to these Terms of Use. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you. By using this Application, you signify your agreement to these Terms of Use
We reserve the right to modify or terminate any portion of the Application or the Services(as defined below) offered by the CloudEye Technologies for any reason, without notice and without liability to you or any third party. To make sure you are aware of any changes, please review these Terms of Use periodically. Your use of the Application following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this application or to particular Service are also considered as part of the Agreement.
This Agreement defines the terms and conditions under which you are allowed to use the ‘SkillJo’ Mobile application and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@cloudeyetech.com.
The Agreement applies to whomsoever i.e., hereby called as ‘User’ or ‘You’ or ‘End-User’.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by CloudEye Technologies. If you do not agree with any part of the Agreement, please do not use the ‘SkillJo’ Mobile application or avail any Services.
Your access to use of the ‘SkillJo’ mobile application and the Services will be solely at the discretion of CloudEye Technologies.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
i.the Indian Contract Act, 1872,
ii.the (Indian) Information Technology Act, 2000, and
iii.the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
1. Termination
The Company reserves the right, in the event of breach of these Terms of Use stipulated herein, to suspend and / or terminate your access to the Application with or without notice to you. Any suspected illegal, fraudulent or abusive activity may form grounds for terminating your access to the Application. Upon suspension or termination, your right to procure the Services on the Application shall immediately cease and the Company reserves the right to remove or delete your information that is available with the Company, including but not limited to login and account information.
Company believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Company or are contrary to the interests of the Application.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Application under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Application by such User. The User shall ensure that he/she/it has continuous backup of any services the User has rendered in order to comply with the User’s record keeping process and practices.
2. Conditions of Use
You must be 18 years of age or older to register in order to use the ‘SkillJo Application Services in any manner. By downloading or registering, and using the mobile application or accepting this Agreement, you represent and warrant to ‘CloudEye Technologies’ that you are 18 years of age or older and agree to and abide by this Agreement.
3. Registration and Updating of Profile
(1) Registration :
To Avail or use the ‘SkillJo’ services, you have to register or sign-up in the application to become a ‘Registered App User’. To register onto the Application, a User(you) will have to provide information such as his/her name, email address and phone number and create a user name and password.
Registration is only a one time process and if the Registered App User has been previously registered, s/he shall login / sign into his / her account using the same credentials as provided during the registration process. We request you to please safeguard your password to your account on the Application and make sure that others do not have access to it. It is your responsibility to keep your account information current.
The Registered App User is responsible for maintaining the confidentiality of the Registered App User’s account access information and password, if the Registered App User is registered on the Mobile application. The Registered App User shall be responsible for all usage of the Registered App User’s account and password, whether or not authorized by the Registered App User. The Registered App User shall immediately notify CloudEye Technologies of any actual or suspected unauthorized use of the Registered App User’s account or password. Although CloudEye Technologies will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of CloudEye Technologies or others due to such unauthorized use.
If a Registered App User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or CloudEye Technologies has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CloudEye Technologies has the right to discontinue the Services to the Registered App User at its sole discretion.
It is your responsibility to keep your correct mobile number, location and email ID updated/edited in the Registered Account. The records will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), CloudEye Technologies is not responsible for any loss or inconvenience caused due to your non-updation of your contact details for the Registered Account.
CloudEye Technologies uses industry–level security and encryption to your Registered Account. However, CloudEye Technologies cannot guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to support@cloudeyetech.com
(2) Updating of Profile and Ownership
CloudEye Technologies reserves the right of ownership of all the Registered App User’s profile and photographs and to moderate the changes or updates requested by Registered App User. However, CloudEye Technologies takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Application services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, CloudEye Technologies may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4. Content Listing And Disseminating Information
4.1 The Services provided by CloudEye Technologies or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). CloudEye Technologies does not provide or make any representation, warranty or guarantee, express or implied about the ‘SkillJo’ application or the Services. CloudEye Technologies does not guarantee the accuracy or completeness of any content or information provided by Users on the ‘SkillJo’ application. To the fullest extent permitted by law, CloudEye Technologies disclaims all liability arising out of the User’s use or reliance upon the application, the Services, representations and warranties made by other Users, the content or information provided by the Users on the ‘SkillJo’ application, or any opinion or suggestion given or expressed by CloudEye Technologies or any User in relation to any User or services provided by such User.
4.2 The ‘SkillJo’ application may be linked to the website/services of third parties, affiliates and business partners. CloudEye Technologies has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites/services or made available by/through our Application. Inclusion of any link on the Application does not imply that CloudEye Technologies endorses the linked site. User may use the links and these services at User’s own risk.
4.3 CloudEye Technologies assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or Mobile application or the downloading of any material, data, text, images, video content, or audio content from the ‘SkillJo’ application. If a User is dissatisfied with the ‘SkillJo Mobile Application, User’s sole remedy is to discontinue using the application.
4.4 If CloudEye Technologies determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, CloudEye Technologies reserves the right to immediately suspend your access to the Application or any of your accounts with ‘SkillJo’ and makes such declaration on the website alongside your full name as determined by CloudEye Technologies for the protection of its business and in the interests of Users. You shall be liable to indemnify CloudEye Technologies for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected CloudEye Technologies or its Users.
5. ELECTRONIC COMMUNICATIONS
When you visit SkillJo or send e-mails to us, 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 site. 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.
6. REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors/users may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. CLOUDEYE TECHNOLOGIES reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant CLOUDEYE TECHNOLOGIES and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant CLOUDEYE TECHNOLOGIES and its associates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this terms/privacy policy and will not cause injury/hurt to any person or entity: and that you will indemnify CLOUDEYE TECHNOLOGIES or its associates for all claims resulting from content you supply. CLOUDEYE TECHNOLOGIES has the right but not the obligation to monitor and edit or remove any activity or content. CLOUDEYE TECHNOLOGIES takes no responsibility and assumes no liability for any content posted by you or any third party.
7. LICENSE AND SITE ACCESS
CLOUDEYE TECHNOLOGIES grants you a limited license to access and make personal use of this ‘SkillJo’ application like (‘Add Post, clicking Likes, comment on the Post) and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of CLOUDEYE TECHNOLOGIES. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CLOUDEYE TECHNOLOGIES. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CLOUDEYE TECHNOLOGIES or ‘SkillJo’ application and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing CLOUDEYE TECHNOLOGIES name or trademarks without the express written consent of CLOUDEYE TECHNOLOGIES. Any unauthorized use terminates the permission or license granted by CLOUDEYE TECHNOLOGIES. You are granted a limited, revocable, and nonexclusive right to create a hyperlink/post/feed/comment in ‘SkillJo’, so long as the link/post/feed/comment does not portray CLOUDEYE TECHNOLOGIES, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CLOUDEYE TECHNOLOGIES or ‘ SkillJo’ application logo or other proprietary graphic or trademark as part of the link without express written permission.
8. Limitation of Liability
(1) You expressly understand that under no circumstances, including, but not limited to, negligence, shall the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, remote or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to:
(i) The use or the inability to use the Application and / or Services; or
(ii) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Application and / or Services; or
(iii) unauthorized access to or alteration of your transmissions or data; or
(iv) any other matter relating to the Application and / or services.
(2) To the fullest extent permitted by law, in no event will the Company or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, whether or not the Company has been warned of the possibility of such damages. Notwithstanding anything to the contrary in these Terms of Use.
9. Upgrade/Update/Version
CloudEye Technologies will upgrade the Application in version i.e., new version as and when the requirement for good of the Application to give new features, that will be benefit to the Users and it is sole responsibility on part of the Registered Users to update their Application from the Android Play Store. CloudEye Technologies have the right to make the user(s) to update the Application forcibly in order to impact the new features in the updated version to the user(s).
Further, CloudEye Technologies shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at CloudEye Technologies sole discretion and may be modified or withdrawn at its sole discretion. CloudEye Technologies may moderate such feedback at any time. CloudEye Technologies shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular user from the ‘SkillJo’ Application.
vi. ‘SkillJo application is intended for general purposes only and is not meant to be used in emergencies.
10 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
10.1 The contents listed on the Application are (i) User generated content, or (ii) content belonging to CloudEye Technologies. The information that is collected by CloudEye Technologies directly or indirectly from the user/End-Users shall belong to CloudEye Technologies. Copying of the copyrighted content published by CloudEye Technologies on the Application for any commercial purpose or for the purpose of earning profit will be a violation of copyright and CloudEye Technologies reserves its rights under applicable law accordingly.
10.2 CloudEye Technologies authorizes the User to view and access the content available on or from the Application solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Application, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Application (collectively, " CloudEye Technologies Content"), are the property of CloudEye Technologies and are protected under copyright, trademark and other laws. User shall not modify the CloudEye Technologies Content or reproduce, display, publicly perform, distribute, or otherwise use the CloudEye Technologies Content in any way for any public or commercial purpose or for personal gain.
11. By using this Application, you agree that any information shared by you with CloudEye Technologies or with any User will be subject to our Privacy Policy.
You are solely responsible for the content that you choose to submit for publication on the application, including any feedback or reviews relating to other User(s). The role of CloudEye Technologies in publishing any review/feeds/Posts is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. CloudEye Technologies disclaims all responsibility with respect to the review content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. CloudEye Technologies shall not be liable to pay any consideration to any User for re-publishing any content.
Your publication of reviews,Posts,Feeds and feedback on the application is governed by Paragraph 3 of these Terms. Without prejudice to the detailed terms stated in Paragraph 3, you hereby agree not to post or publish any content on the application that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. CloudEye Technologies, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Paragraph 3 of these Terms. You agree that CloudEye Technologies may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
i.Obtaining feedback in relation to ‘SkillJo’ application or its‘s services; and/or
ii.Obtaining feedback in relation to any Users listed on the application; and/or
iii.Resolving any complaints, information, or queries by Users regarding your Reviews/Posts/Feeds;
and you agree to provide your fullest co-operation further to such communication by CloudEye Technologies.
12. Indemnify
You hereby indemnify, defend, and hold the Company, the Company's distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Application/Website.
Rights And Obligations Relating To Content
13.1 As mandated by Regulation 3(2) of the IG Rules, CloudEye Technologies hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person and to which the User does not have any right to;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii. harm minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. impersonate another person;
viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix. 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 any other nation.
13.2 Users are also prohibited from:
i. violating or attempting to violate the integrity or security of the Application or any CloudEye Technologies Content;
ii. transmitting any information (including job posts, messages and hyperlinks) on or through the Application that is disruptive or competitive to the provision of Services by CloudEye Technologies;
iii. intentionally submitting on the Application any incomplete, false or inaccurate information;
iv. making any unsolicited communications to other Users;
v. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application;
vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the Application;
vii. copying or duplicating in any manner any of the CloudEye Technologies Content or other information available from the Application;
viii. framing or hot linking or deep linking any CloudEye Technologies Content.
13.3 CloudEye Technologies, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users, or on being notified by the appropriate Government or its agency that the Application is being used by the User to commit any unlawful act, shall be entitled to remove or disable access to the material. CloudEye Technologies is entitled to act, as required by the IG Rules, within thirty six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. CloudEye Technologies shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
13.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement by a User, CloudEye Technologies has the right to immediately terminate the access or usage rights of the User to the Application and Services and to remove non-compliant information from the Application.
13.5 CloudEye Technologies may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. CloudEye Technologies will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.
14. Waiver
No term of these Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach
15. Applicable Law
The interpretation of this Agreement and the resolution of any disputes arising under these Terms of Use shall be governed by the laws of India. If any action or other proceeding is brought on or in connection with this Agreement, the venue of such action shall be exclusively at Visakhapatnam, Andhra Pradesh, India.
16. Arbitration
(i) Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, or to your use of the Application or the Services or information to which it gives access, shall be determined by arbitration in India, before a single arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be Visakhapatnam, Andhra Pradesh, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
(ii)The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with Clause 11(a).
17.Notices
All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally/nationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to CloudEye Technologies India Private Limited (OPC),
C-6, 2nd Floor, 1st Lane Dwarakanagar,
Visakhapatnam-530016,
Andhra Pradesh, India
If to you:
at the email address provided by you to us when you registered as a ‘Registered App User’.
18. Complete Understanding
These Terms of Use contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of these Terms of Use other than those contained or referenced in these Terms of Use.
19.Advice of Counsel
Each Party acknowledges: (a) having fully read these Terms of Use in its entirety; (b) having had full opportunity to study and review these Terms of Use; (c) having been advised that counsel for us has acted solely on our behalf in connection with the negotiation, preparation, and execution of these Terms of Use; (d) having been advised that all parties have the right to consult and should consult independent counsel respecting their rights and duties under these Terms of Use; and (e) having had access to all such information as has been requested.
You have read these Terms of Use and agree to all of the provisions contained above.
