Welcome to Cliques (an NxtGen Service). Please read these terms and conditions of service (these "Terms") carefully. Once accepted they form a contract ("Contract") between you and NxtGen Datacenter & Cloud Technologies Private Limited (CIN : U72200KA2012PTC063135) a company incorporated under Companies Act, 1956 and having its registered office in Plot no. 72 & 73, EPIP Area, Hoodi Village, K.R.Puram, Hobli, Whitefield, Bangalore-560066, Karnataka, INDIA, ("NxtGen", "we", "us", or "our") that governs your access and use of the Cliques services, which shall comprise (together the " Services"):
1. the hosted storage solution provided by NxtGen for online content storage, sharing and processing of files, materials, data, text, audio, video, images or other content (collectively, "Content");
2. the websites owned or operated by NxtGen, including those located at www.cliques.in ("Site") or applications; and
3. any written or electronic use or features guides or other documentation provided or made available by NxtGen (the "User Guides").
You should also read our Privacy Policy for information about our approach to privacy and your information.
BY CLICKING THE "CONTINUE" BUTTON, REGISTERING FOR AN ACCOUNT OR USING ANY OF THE SERVICES YOU ARE INDICATING YOUR ACCEPTANCE TO THESE TERMS AND ARE AGREEING TO BE BOUND BY AND A PARTY TO THIS BINDING CONTRACT.
IF YOU DO NOT AGREE WITH THESE TERMS, OR DO NOT HAVE THE AUTHORITY TO AGREE TO THEM YOU MUST NOT REGISTER FOR AN ACCOUNT WITH US AND MUST NOT USE THE SERVICES.
Should you have any questions concerning these Terms, please contact compliance@nxtgen.com.
We may change these Terms from time to time due to changes in our Services and the laws that apply to us and you. We will date and post the most current version of these Terms on the Site. If we make any changes, we will notify you by revising the "Last Updated" date at the top of these Terms and in some cases, where appropriate, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). Any changes will be effective upon posting the revised version of these Terms on the Service (or such later effective date as may be indicated at the top of the revised Terms).
If in our sole discretion we deem a revision to these Terms to be material, we will notify you via by email to the email address associated with your account. Notice of other changes may be provided at the Site. We therefore encourage you to check the date of these Terms whenever you visit the Site to see if these Terms have been updated.
If we do update these Terms and you do not agree to the updated Terms, you shall be free to decide whether to accept the terms or stop using the Services.
Your continued access or use of any portion of the Service constitutes your acceptance of such changes. If you don't agree to any of the changes, we're not obligated to keep providing the Service, and you must cancel and stop using the Service.
a. Our Services let you share Your Data with others, so please think carefully about what you share.
b. You're responsible for your conduct, your data and you must comply with our NxtGen Acceptable Use Policy.
c. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.
d. We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren't responsible for the content people post and share via the Services.
e. Please safeguard your password to the Services, make sure that others don't have access to it, and keep your account information current.
f. Customer will ensure that He or she is of 18 years or older to use the service.
g. Customer will not (i) sell, resell, or lease the Services; (ii) use the Services for activities where use or failure of the Services could lead to physical damage, death, or personal injury; or (iii) reverse engineer the Services, nor attempt nor assist anyone else to do so, unless this restriction is prohibited by law.
h. Notwithstanding anything in this Agreement, if there is a Security Emergency then NxtGen may automatically suspend use of the Services.
Except for material that we license to you, we don't claim ownership of any Content that is transmitted, stored, or processed in your account(s) and such Content is your sole responsibility as the person who created the Content or introduced it into the Services. We also don't control, verify, or endorse the Content that you and others make available on the Service.
We provide functions that allow you to control who may access your Content. If you enable the features that allow you to share the Content with others, anyone you've shared content with (including the general public, in certain circumstances) may have access to your Content.
You hereby grant NxtGen and its contractors the right, to transmit, use and disclose Content posted on the Services solely to the extent necessary to provide the Services or as otherwise permitted by these Terms, or to comply with any request of a governmental or regulatory body, as otherwise required by law, or to respond to an emergency which NxtGen believes in good faith requires NxtGen to disclose information to assist in preventing the death or serious bodily injury of any person.
You represent and warrant that: (a) you have all the rights in the Content necessary for you to use the Services and to grant the rights in this Section; and, (b) the storage, use or transmission of the Content doesn't breach any law or these Terms.
You will: (a) be solely responsible for the nature, quality and accuracy of the Content; (b) ensure that the Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations; (c) promptly handle and resolve any notices and claims relating to the Content, including any notices sent to you by any person claiming that any Content violates any person's rights, such as take-down notices pursuant to the Indian Copyright Act (or any similar legislation around the world) and any other notices; and (d) maintain appropriate security, protection and backup copies of the Content, which may include, your use of additional encryption technology to protect the Content from unauthorised access.
NxtGen shall use reasonable skill and due care in providing the Services, but NxtGen does not guarantee or promise that any Content you may store or access through the Services will not be subject to inadvertent damage, temporary unavailability, corruption or loss. To the maximum extent permitted by law and except as set out in these Terms, NxtGen will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store, access or encrypt any Content.
You must immediately notify NxtGen in writing of any unauthorised use of: (a) any Content; (b) any account; or (c) the Services that comes to your attention. In the event of any such unauthorised use by any third party that obtained unauthorised access through you, you will take all steps necessary to terminate such unauthorised use. You will provide NxtGen with such cooperation and assistance related to any such unauthorised use as NxtGen may reasonably request.
You agree not to misuse the Cliques services ("Services"). For example, you must not, and must not attempt to do the following:
· probe, scan, or test the vulnerability of any system or network;
· breach or otherwise circumvent any security or authentication measures;
· access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to;
· interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
· access or search the Services by any means other than our publicly supported interfaces (for example, "scraping");
· send unsolicited communications, promotions or advertisements, or spam;
· send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
· promote or advertise products or services other than your own without appropriate authorization;
· abuse NxtGen’s referrals or promotions to get more storage space than deserved;
· abuse the Services in a manner that circumvents their storage space limits;
· sell the Services or Services accounts via unauthorized channels;
· use automated or other means to create accounts in bulk or to access the Services other than by using our official interface and/or APIs;
· publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
· violate the law in any way including storing, publishing or sharing material that's fraudulent, defamatory, misleading, or that violates the privacy or infringes the rights of others.
Some of our Services allow you to download client software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. You agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
The Services are protected by copyright, trademark, and other Indian and foreign laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, NxtGen, Cliques trademarks, logos and other brand features.
We respond to notices of alleged copyright infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:
Compliance Department
NxtGen Datacenter & Cloud Technologies Private Limited
Plot No. 72 & 73 EPIP Area, Hoodi Village,, K.R Puram Hobli, Whitefield,
Bangalore - 560066,
Karnataka, INDIA
a. Amount: The fees applicable for the Services ("Fees") are available on the Site and/or in NxtGen's then-current and applicable published price list.
b. Fees. Customer will pay, and authorizes NxtGen to charge using Customer's selected payment method, for all applicable fees. Fees are non-refundable. Customer is responsible for providing complete and accurate billing and contact information to NxtGen. Except as specifically set forth in this section, all Services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed.
c. Taxes. Customer is responsible for all taxes. NxtGen will charge tax when required to do so.
d. NxtGen may suspend or terminate the Services if fees are past due.
e. Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account. If you don't agree to these changes, you must cancel and stop using the Service. If you fail to cancel in accordance with these Terms, we will automatically renew the Service at the then-current price and for the same subscription period and will charge your credit card on file with us commencing on the first day of the renewal of the subscription period.
f. Payment Details : All Fees will be billed to the credit card/Debit Card/Net Banking you designate during the registration process. If NxtGen is unable to successfully charge your credit card for fees due, NxtGen reserves the right to revoke or restrict access to your stored Content and the Services, delete your stored Content, or terminate your account. You must be authorised to use the credit card that you enter when you create a billing account. You authorise us to charge you for the Services using your credit card and for any paid feature of the Services that you choose to sign up for or use while these Terms are in force. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you've approved, and we'll notify you in advance of the difference for recurring subscription Services. We may bill you simultaneously for more than one of your prior billing periods. You must keep all information in your billing account current. If you want to designate a different credit card or payment account or if there is a change in your credit card or payment account status, you can access and modify your billing account information on the Site. You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for the paid Service, we may cancel the Services.
g. Late Payment : If payment is not received by NxtGen on the due date, you will only be able to view your information but not add and or modify it, we will provide our service in this mode for a period of 3 months after which we will delete the account and all files will no longer be retrievable. However if you want to reactivate your account within this 3 month period, you will be required to make all payments due from the lapse to the service reactivation. We will provide you with a notice 5 days prior via the email address associated with your account before we do so.
h. Refunds: Except as specifically set forth in this section, all Services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed.
NxtGen prohibits the use of Cliques for business users.
You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services. We will provide you with notice via the email address associated with your account before we do so.
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, NXTGEN AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NXTGEN, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT NXTGEN HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF INR 99 OR THE AMOUNTS PAID BY YOU TO NXTGEN FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION.
We want to address your concerns without needing a formal legal case. Before filing a claim against NxtGen, you agree to try to resolve the dispute informally by contacting [email protected]. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or NxtGen may bring a formal proceeding.
You and NxtGen agree to resolve any claims relating to these Terms or the Services through a final and binding arbitration. The Dispute shall be finally settled through arbitration under the (Indian) Arbitration & Conciliation Act, 1996 by a sole arbitrator appointed by the Company. The place of arbitration shall be Bengaluru and all arbitration proceeding shall be conducted in English Language. The decision by the arbitrator shall be binding on both parties.
Customer may only resolve disputes with NxtGen on an individual basis and will not bring a claim in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
NxtGen does not collect and use your information for commercial purposes. However we collect and use the following information to provide, improve and protect our Services:
a. Account. We collect, and associate with your account, information like your name, email address, phone number, payment info, and physical address.
b. Law & Order. We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of NxtGen or our users; or (d) protect NxtGen's property rights.
c. Retention. We'll retain information you store on our Services for as long as we need it to provide you the Services. If you delete your account, we'll also delete this information. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.
d. Changes. If we are involved in a reorganization, merger, acquisition or sale of our assets, your information may be transferred as part of that deal. We may revise this Privacy Policy from time to time, and will post the most current version on our website.
NxtGen reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Services at any time.
We may add or remove functionalities or features, and we may suspend or stop a Services altogether.
NxtGen may post on the Site and/or will send an email to the primary address associated with your account to provide notice of any material changes to the Services. It is your responsibility to check your email address and/or primary email address registered with NxtGen for any such notices. You agree that NxtGen shall not be liable to you or any third party for any modification, cessation or discontinuation of the Services.
Except as expressly set forth herein, this Agreement does not grant (i) NxtGen any Intellectual Property Rights in Customer Data or (ii) Customer any Intellectual Property Rights in the Services or NxtGen trademarks and brand features. "Intellectual Property Rights" means current and future worldwide rights under patent, copyright, trade secret, trademark, moral rights, and other similar rights.
Customer grants NxtGen only the limited rights that are reasonably necessary for NxtGen to offer the Services (e.g., hosting Stored Data). This permission also extends to trusted third parties NxtGen works with to offer the Services (e.g., payment provider used to process payment of fees).
NxtGen and the Cliques logo are including without limitation, either trademarks, service marks or registered trademarks of NxtGen Technology Pte Ltd, Singapore, and may not be copied, imitated, or used, in whole or in part, without NxtGen's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
NxtGen may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter that is part of the Services. Unless we have granted you licenses to our intellectual property in these Terms, our providing you with the Services does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
a. Term. This Agreement will remain in effect until Customer's subscription to the Services expires or terminates, or until the Agreement is terminated.
b. Termination for Breach. Either NxtGen or Customer may terminate this Agreement if: (i) the other party is in material breach of the Agreement and fails to cure that breach within 30 days after receipt of written notice or (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days.
c. Effects of Termination. If this Agreement terminates: (i) the rights granted by NxtGen to Customer will cease immediately; (ii) NxtGen may provide Customer access to its account at then-current fees so that Customer may export its Stored Data; and (iii) after a commercially reasonable period of time, NxtGen may delete any Stored Data relating to Customer's account. The following sections will survive expiration or termination of this Agreement: (Third Party Requests), (Intellectual Property Rights), (Fees & Payment), (Effects of Termination), (Indemnification), (Disclaimers), (Limitation of Liability), (Disputes), and (Modification).
To the extent permitted by law, you agree, at your expense, to indemnify, defend and hold NxtGen its affiliates, officers and employees harmless against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content provided by you, or your use of the Services (including all actions taken under your account), in breach of these Terms: (a) infringes a third party's intellectual property right, including but without limitation a registered patent, registered trademark, or copyright of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of NxtGen's actions); or, (b) violates applicable law or these Terms. NxtGen will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.
Unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and the remaining provisions of the Agreement will remain in full effect.
Notices must be sent via first class, airmail, or overnight courier and are deemed given when received. Notices to Customer may also be sent to the applicable account email address and are deemed given when sent. Notices to NxtGen must be sent to NxtGen Datacenter & Cloud Technologies Private Limited, Plot No. 72 & 73 EPIP Area, Hoodi Village,, K.R Puram Hobli, Whitefield, Bangalore - 560066, Karnataka, INDIA
a. No Agency. NxtGen and Customer are not legal partners or agents, but are independent contractors.
b. Force Majeure. Except for payment obligations, neither NxtGen nor Customer will be liable for inadequate performance to the extent caused by a condition that was beyond the party's reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance).
c. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
These Terms will be governed by laws of India.
NxtGen's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. NxtGen may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
These Terms constitute the entire agreement between you and NxtGen with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Have questions or concerns about NxtGen and, our Services Cliques and privacy? Contact us at [email protected].