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Terms of use

Usage Terms & Policies

1. Introduction

https://cacloud.ca.in/ provides content, products, and tools (the "Services") to you on this Site which is offered by The Institute of Chartered Accountants of India https://cacloud.ca.in/") subject to the following terms and conditions (the "Terms of Use"). All information available on the Site is for informational purposes only, and should not be construed as investment, tax, legal, accounting or other advice nor is it to be relied upon in making an investment or financial decision. The website/Software attempts to provide assistance to Practicing Members. By using the Site, you agree to be legally bound and abide by the terms and conditions set forth below and elsewhere on this Site.

2. TERMS OF USE

Please read these Terms of Use carefully as well as the Privacy Policy. If you do not agree to the Terms of Use or Privacy Policy, you must immediately terminate the use of the Site.

By accessing or using any of the https://cacloud.ca.in/ online facilities including, but not limited to, the use of https://cacloud.ca.in/, mobile applications, and any other digital services or facilities operated or used by ICAI from time to time (collectively referred to as the 'Site') you agree to comply with and be bound by these Terms of Use.

3. DISCLAIMERS: LIMITATIONS ON LIABILITY

Your use of this site and the service is at your own risk. All information, content, materials and services on the Site are provided to you on an "as is" and "as available" basis and we expressly disclaim all warranties of any kind, either expressed or implied, including, but not limited to, any warranty of non-infringement or any implied warranty of merchantability or fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the service, or to reliability or title the Site expressly disclaims any representations, warranties, and/or liability, whether explicit or implied, with respect to financial aid information provided on this site. Any transactions undertaken on or through the site shall be at the sole risk of the user. Users should check directly with the participating ICAI Branches who conduct the courses in case of any material or highly contingent information. You are solely responsible for any damage to your computer system or other equipment, or loss of data that results from such download of the https://cacloud.ca.in/ software. Neither the Site nor any third-party information providers and vendors will be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, income, goodwill, use, data, or other intangible losses, or damages caused by theft, unauthorized access, systems failure, or communications line failure, or the cost of procuring substitute goods or services, caused by the use of or inability to use the site, materials or any products or services provided herein, or any other matter relating to this site, even if https://cacloud.ca.in/ has been advised of the possibility of such damages.

4. We do not represent or warrant that:

Access to the service will be uninterrupted or secure
There will be no failures, errors or omissions or loss of transmitted information; or
No viruses will be transmitted during the provision of the service.
The Site or any contents are reliable, accurate, complete or non-infringing

We shall not be liable to you or any third parties for any direct, indirect, special consequential or punitive damages arising out of your access to or inability to access the service, including for viruses alleged to have been obtained from the site, or your use of or reliance on the site or any of the information or materials available on the service, regardless of the type of claim or the nature of the cause of action. Except as provided by law, neither the Site nor its third-party information providers and vendors has any responsibility to maintain the materials, products, or services offered on the site or to supply corrections, updates, or releases for the same. You agree to indemnify, defend, and hold harmless the Site and each of its respective officers, directors, employees, and agents, from and against all claims, demands, liabilities, damages, losses, or expenses, including attorney's fees and costs, arising out of or related to your improper access to or use of the Site, or any violation by you of these Terms of Use.

5. USE OF SITE

You may use or download material displayed on the Site for non-commercial, personal use only. If you download material, you agree to retain all copyright and other proprietary notices displayed on the materials. You may not distribute, modify, transmit, post, or otherwise use the content of the Site for public or commercial purposes without our written permission. The Site, in its sole discretion, reserves the right to refuse service, terminate accounts, and cancel orders if we believe that your conduct violates the Terms of Use. You agree not to disrupt, modify or interfere with the Service in any way, and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on, or associated with, the Service. You agree that you will not use the Site if you are under the age of 14.

We reserve the right to revise the terms of use at any time and at our sole discretion by posting revised Terms of Use. Your use of the Site construed to be your acceptance of all the terms and conditions and you shall be solely responsible for regularly reviewing the Terms of Use.

6. TRADEMARKS

The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Site are the registered and unregistered Trademarks of The Institute of Chartered Accountants of India participating or availing our services and have been provided for the purpose of display and identification. Use of the Trademarks displayed on this Site, except as provided in these Terms of Use, is strictly prohibited.

7. COPYRIGHT

Material on the Site is for your personal use only. The Site contains copyrighted and other proprietary information. You agree that you will not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained from or through the Site, except as permitted by the Copyright Act or other applicable law. All content, including, but not limited to, text, pictures, graphics, logos, button icons, data compilations, images, and the selection and arrangement of such content is the exclusive property of the Site or its licensors and is protected by Indian and international copyright laws. All rights not expressly granted hereby are reserved.

8. USER OBLIGATION

You warrant that you shall not

violate any applicable law.
provide in-complete, inaccurate, false or unauthorised information
while using the Site, impersonate yourself to any person or entity whether real or fictitious.
interfere with the operation of the Site or interfere with the use of the Site by others
use the Site in any manner which may be abusive, unlawful, harmful, tortious, threatening, coercive, harassing, defamatory, libellous, hateful, obscene, racial, vulgar, or otherwise objectionable.
upload or post or otherwise make available any material which may infringe the intellectual property rights of any third party.
If not permitted otherwise, use Site for any promotional activities or advertisement purposes or to send unsolicited communication
transmit or enable another person to transmit any virus or other information or material or otherwise use the Site in a way which:
1. tampers with, hinders the operation of or makes unauthorized modifications to the Site;
2. inhibits any other user from using the Site;
3. Defames, harasses, threatens menaces or offends any person; or contains obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.
allow any other person or entity to use your login ID and password and you are fully responsible for maintaining the confidentiality of your login ID and password and its usage once registered and for all activities that occur using it.
blame and held ICAI liable for any loss that you may incur or any criminal liability that may arise as a result of someone using your login ID and/ or password, either with or without your knowledge

9. THIRD PARTY CONTENT

Data and other materials appearing on the Site that are provided by third parties are believed by the Site to be obtained from reliable sources, but we cannot guarantee and are not responsible for their accuracy, timeliness, completeness, or suitability for use. All information regarding the courses from branches participating or availing our services falls squarely under this category of third party information. The Site is not responsible for, and does not prepare, edit, or endorse, the content, advertising, products, or other materials on or available from any website owned or operated by a third party or those that is linked to this Site via hyperlink. The fact that Site has provided a link to a third party's website does not constitute an implicit or explicit endorsement, authorization, sponsorship, or affiliation by the Site with respect to such website, its owners, providers, or services. You will use any such third-party content at your own risk.

10. INTERNET EMAIL

E-mail messages may not be secure and may be intercepted by third parties. If you send us an e-mail containing confidential information about you, you agree that you do so at your own risk and that you hold the Site harmless from any loss that either the Site or you may suffer as a result.

11. LINKING CONDITIONS

You may not link to the Site unless you comply with the linking conditions as described below ("Linking Conditions"). https://cacloud.ca.in/ grants you a limited, revocable, nonexclusive right to create a hyperlink to the Site ("Link"), provided you comply at all times with the following conditions:

The Link must resolve to https://cacloud.ca.in/ page at www.https://cacloud.ca.in/ , unaltered in any way;
The text of the Link must read "https://cacloud.ca.in/ ,""https://cacloud.ca.in/," or "www. https://cacloud.ca.in/."You may not use any https://cacloud.ca.in/ logo or graphic, or any other trademark, as part of the Link without https://cacloud.ca.in/ express written permission; and
The Link and surrounding context on the linking site must not:
- Falsely represent or misrepresent any relationship between the linking site and https://cacloud.ca.in/ ,including suggestions of affiliation, endorsement, or sponsorship;
- Portray https://cacloud.ca.in/ or its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive manner; or;
- Deliver content and materials in a framed environment or alter the layout, content, look, or feel of the Site.;

If you have created a Link that conforms to these Linking Conditions, then you also may include one or more Links to any internal or subsidiary page of this Site that is located one or several levels down from the homepages (known as "deep links"), provided, however, that all such deep links must be in close physical proximity to the Link that conforms to the Linking Conditions. You may not maintain numerous or pervasive links to the Site.

12. INDEMNITY

You agree to indemnify ICAI, its Affiliates or and other persons involved in the working of the Site for all damages, losses and costs (including legal costs) which arise out of or relate to your use of the Site or any acts committed by you in violation of applicable laws, guidelines, Policy etc. and this terms of Use. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breach of this Terms of Use.

13. TERMINATION

ICAI in its sole discretion may terminate or suspend your access to all or any part of the Site for violation or breach of any or all of the Terms of Use of the Site or for any reason whatsoever

14. GOVERNING LAW

These Terms of Use shall be governed and construed in accordance with the laws of India, without regard to conflict-of-law's provisions. ICAI makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms Use read with the relevant Guidelines/ Policy and all documents incorporated herein by reference constitute the entire agreement between ICAI and you with respect to the Site. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

15. RESOLUTION OF DISPUTE

In the event of any dispute that may arise between the parties, in the first instance, be resolved by the parties amicably, failing which the dispute shall be referred to the sole arbitrator to be appointed mutually by the parties. The Arbitration and Conciliation Act, 1996 and any statutory modification or re-enactment thereof, shall apply to these arbitration proceedings. The seat of Arbitration shall be at Delhi and the language of the arbitration proceeding and that of all documents and communications between the parties shall be in English. The decision of the arbitrator shall be final and binding upon both the parties. All arbitral awards shall be in writing and shall state the reasons therefor. The expenses of the arbitration as determined by the arbitrator shall be shared equally by the parties.

16. SEVERABILITY

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

17. WAIVER

No waiver by ICAI of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the ICAI to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

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