Terms of Use

We welcome you to the easycloudbooks website (as further defined below, the "Service" and "Site") developed, designed & offered by EasyCloud Consultants Private Limited (as further defined below, the EasyCloud Consultants) to help professionals like Chartered Accountants, Company Secretaries, Cost Accountants and other professionals to make their office paperless.

You agree that this agreement complies with the terms of any applicable electronic documents legislation, including the requirement that this agreement is in writing, and is capable of being retrieved, reviewed, printed and stored for further use. These terms of use are intended to explain our obligations as a service provider and your obligations as a user and customer. IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY.

Definitions

Various terms are used throughout the Terms of Use and following meaning is assigned to these terms.

  • The term "agreement" refers to these Terms of Use.
  • The term "applicable law" refers to the laws currently in force in state of Gujarat, India which shall govern this agreement.
  • The term "site" shall mean this website, all related web pages, and all related websites operated by affiliates or divisions of the EasyCloud Consultants, but does not include any third party websites which are linked to or may link from this website whether or not such third party websites are used in connection with the Services.
  • The terms "Service" and "Services" refer to the project management, communication management, documents management and other services offered and maintained on the Site from time to time.
  • The term "subscriber" refers to any person who maintains an account with us and utilizes our Services.
  • The term "system shall refer to the online platform provided by the EasyCloud Consultants and shall include the software running such platform as well as content.
  • The terms "Easycloudbooks", "we", "us" shall refer to the EasyCloud Consultant and all its affiliates.
  • The term "you" and "user" shall refer to any person who visits this Site for a legitimate purpose and includes a subscriber and its employees/authorized users.

General

EasyCloud Consultants grants the subscriber a non-transferable limited license to the user of the Easycloudbooks Site and related resources in accordance with these Terms of Use. Subscribers to our Easycloudbooks site may provide password access to authorized users. An authorized user is a user designated by you. Such authorized users may have access to the information and perform various tasks as instructed by the subscriber which include but not limited to communication creation and retrieval, uploading and sharing files, documents management and other lawful tasks that the subscriber may prescribe.

EasyCloud Consultants may, without notice or liability, add, discontinue or revise any aspect, mode or design of the Services which include but not limited to the scope of service, time of service, or to the software/hardware required for access to the Services.

Without prejudice to the foregoing, should there be a failure of or error, omission, defect, deficiency, delay causing downtime, or inability of a subscriber to access the Service for any length of time, including as a result of the permanent termination of service, the subscriber acknowledges and agrees that, except as otherwise set out herein, its only remedy for any error, omission, defect, deficiency, delay or other failure of the Service whatsoever is to discontinue using the Service.

The subscribers and the users shall be responsible for maintaining the confidentiality of their usernames and password, and the subscriber will be responsible for all activities performed under their passwords, as well as unauthorized use.

The subscriber assumes sole responsibility for and shall ensure that any information, data, documents or material used, disclosed, entered into or created on the Service shall be accurate, reliable and complete. The subscriber represents and warrants that it has obtained all required consents and complies with all applicable privacy legislation in connection with any use and disclosure of information relating to the use of the Services. EasyCloud Consultants accepts no responsibility for the accuracy of any information, data, documents or materials entered into or created using the Services except as otherwise set out herein. The input, posting or uploading of any information and the storage of any information, data, documents or materials on the Service by us does not constitute our endorsement nor warranty as to the compliance of such information or materials with applicable privacy legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such information or materials.

Conditions of Usage

During the subsistence of the agreement to use or access our Services, the user and the subscriber agree to use our Services for the purposes that they were intended. The user shall use the Service and the Site only in accordance with the terms of this agreement.

If you register an account, you agree to provide us with true, current, complete and accurate information requested in the registration form. Your registration constitutes consent to use any personal information which you provide us in such registration. You also will select a user name and password. You are responsible for keeping your user name, password and account details confidential and up to date. Furthermore, you are entirely responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. You agree to hold us harmless and release us from any loss or liability whatsoever that you may incur as a result of someone other than you using your password or account, either with or without your knowledge. You agree to indemnify EasyCloud Consultants for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible.

Software Notice

In the event that a user is required to download or use software in connection with the Services, he or she shall be unable to download and access such software unless he or she first agrees to the License Agreement relating to such software. Use of any such software is governed by these Terms of Use and any such License Agreement.

Copyrights, Trade-Marks and Intellectual Property

EasyCloud Consultants owns both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, webpage designs, webpage layouts, images, text, tools, utilities and software that make up the Services. The technical procedures, processes, concepts and methods of operation that are inherent within the Site constitute trade secrets. The usage by subscribers and users of our Services does not constitute sale or transfer of any such rights to such subscribers or users.

Materials on and relating to this Site, including the content of this Site and any software downloaded from this Site, are protected by copyright, trade-mark and other intellectual property laws. EasyCloud Consultants reserves all rights in and to such materials. The subscriber will not make, store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer or copy the Services or any of the materials or software or any of the Site or any content there from without EasyCloud Consultants’ express written consent. You will also take all reasonable steps to forestall any unauthorized use, copying or transfer of materials on or relating to the Site.

All the trade-marks which EasyCloud Consultants has and it uses in connection with the operation of this Site are sole property of EasyCloud Consultants. EasyCloud Consultants does not grant the users any right or license to use its trade-marks or any logo, trade-name or other intellectual property other than as expressly set out herein and in other licenses between you and us.

Prohibited Use

The users agree not to publish, post, upload, distribute, provide or enter any material or information that is illegal, unlawful or can be regarded as fraudulent, libelous, malicious, threatening, offensive, profane, obscene, fanning ethnic or racial tensions, immoral or any such information which any reasonable person would consider objectionable on grounds of good conscience.

Updates

EasyCloud Consultants will endeavor to continuously improve its software for better usage by the subscribers. As such we may remotely update any version of our software with or without a prior notice to the subscribers or users. The updates may occur automatically or may be caused to occur through operation of prompts that appear on the subscribers interface. The updated version will be subject to the current Terms of Use and any other additional terms that may also be included in the current terms with or without notice. EasyCloud Consultants may sent emails to subscribers explaining the new features of the updated version of the software or may simply post such updates on the most appropriate portion of its website.

Limitation of Liability

The subscribers and the users hereby agree to release, remise and forever discharge EasyCloud Consultants and its affiliates, partners, service providers, vendors, and contractors and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, losses, costs, claims, complaints, demands, debts, damages, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, nor for any special, indirect or consequential, incidental or exemplary damages (collectively, a "Claim") whether known or unknown, which now or hereafter arise from, relate to, or are connected with

  • this agreement;
  • the use of the Site and its Services and any related applications including third party services;
  • the use of any software related to the Site;
  • loss of use, loss of data, inaccuracy of data, payment failure, payment defect, inaccurate calculations, downtime, identify theft, fraud or unauthorized access;
  • OR
  • any information, document, materials, tools, utilities, product or data that relating to the use of the Services;
    whether such Claim is based in contract or tort or otherwise, even if the user has been advised of the possibility of such Claim, or such Claim was reasonably foreseeable and notwithstanding the sufficiency or insufficiency of any remedy provided for therein or in any license.
    Nothing in this agreement operates to relieve EasyCloud Consultants of any liability from wanton or willful and reckless acts that may give rise to liability in tort or contract. In the event that EasyCloud Consultants becomes liable for any damages whatsoever, the users agree that such damages shall be limited in the aggregate to the amount of fees which the subscriber or user has paid to EasyCloud Consultants in the previous 12 months period.
    Except in the manner provided for in these Terms of Use, EasyCloud Consultants, its licensees, affiliates, and third party service providers, disclaim, and expressly do not provide any direct or indirect, express or implied representation or warranty as to title, non-infringement of intellectual property, or merchantability; or that the Site, the Services, and third party services and online services, and any content, materials, tools, utilities, software and functionality will;
  • be fit or suitable for any specific purpose or intended use;
  • meet the users’ requirements and expectations;
  • be uninterrupted, flawless, timely, accurate, reliable, secure or error free, or;
  • be free of viruses or other harmful elements. You expressly acknowledge and agree that the Software and the Services are provided on an "as is" basis and you agree to use the Site, the Services, any third party services and online services, and any content, materials, tools, utilities, software and functionality related to the Site at your own risk. You agree to determine the suitability of the Site and Services for your intended use and agree to verify all results obtained using the Site and the Services.

Termination of Service

EasyCloud Consultants may terminate this agreement and your use of the Site at any time without notice if you breach any of these terms. Subscribers may use Easycloudbooks on an at-will basis until the agreement has been terminated by either party pursuant to the terms of this agreement or any related license agreement. The following are the ways in which the agreement between a subscriber and EasyCloud Consultants may be terminated.

  • You follow the Unsubscribe instructions found on your Account page.
  • We issue notice to any party to the effect that the party has in our reasonable judgment breached this agreement or any other agreement as between the parties and upon expiration of 7 days to remedy the breach and such party failing to do so.
  • In case of a company, upon an order or a resolution being passed for the purposes of winding up the business activities other than for the purposes of amalgamation, merger or reconstruction or upon a composition agreement being made with the creditors.

Privacy of Information

Our "privacy policy" explains how we treat your personal data and all information and protect your privacy when you use our Site or Services. By using our Service, you agree that Easycloudbooks can use such data in accordance with our privacy policies.

Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following:

  • For the purposes of fraud prevention and law enforcement;
  • To comply with any legal, governmental or regulatory requirement;
  • To our lawyers in connection with any legal proceedings; and
  • To comply with a court order.

If we are required to disclose your data or information, we will use our best efforts to provide you with reasonable notice in the circumstances and if appropriate the right to challenge any such request.

Third Party Links and Content

This Site and the Services contain links to other websites provided by third parties who offer products and services. Such sites are completely independent of this Site and as we have no control over them and we accept no liability in respect of your use or inability to use them or any of the content of such sites. We likewise accept no liability in respect to any of the products, information, materials or services offered or provided by other organizations listed or linked to this Site, nor do we endorse any of these sites or their products and services. Should the subscriber or user elect or enter into a binding contract with any such Site, you agree to hold us harmless and hereby release us from any liability whatsoever whether arising out of contract, tort or otherwise for any liability, claim, injury, loss or damage suffered as a result of the you or any user offering to accept any products or service that are available from those sites.

Force Majeure

Neither party should be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its reasonable control, including but not limited to, act of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions. The party so affected by the unforeseen event shall be so excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.

Severance

All provisions of these Terms of Use are, notwithstanding the manner in which they have been grouped together or linked grammatically, are severable from each other. If any of these Terms of Use should be determined to be unenforceable the remaining Terms of Use shall survive and remain in full force and effect and continue to be binding and enforceable.

Governing Law

This Agreement shall in all respect be governed by and interpreted, construed and enforced in accordance with the laws of the State of Gujarat India applicable therein an applied to agreements entered into and to be performed entirely within State of Gujarat, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. This agreement and any actions whatsoever taken by you in connection herewith and with any Services, software, tool, application or functionality, will be deemed to have been performed in State of Gujarat, India. The parties hereto irrevocably submit to the exclusive jurisdiction and venue of the courts of the State of Gujarat, India.

Legal Status of EasyCloud Consultants Private Limited

The website, www.easycloudbooks.com and the name Easycloudbooks are property of EasyCloud Consultants Private Limited, a company incorporated under Companies Act India.

Privacy Policy

Easycloudbooks Privacy Policy is hereby incorporated into this Agreement and applies to the collection, use, disclosure, retention, protection and accuracy of your personal information collected for the purpose of the services offered through our website. The Easycloudbooks Privacy Policy is based on applicable legislation and may be updated from time to time.

Payments and Refund

  • Payments are accepted in various formats like Cheque, Online Payment via Credit Card or Net Banking. Your Credit/Debit Card information is safe with Third Party Payment Gateway Provider. We do NOT store your credit or debit card information.
  • We do not collect any personally identifiable information from you other that your email ID and the information that we collect as part of the payment process that we receive from Payment Provider. Further we do not sell or share our customer information other than as part of providing you our services.
  • Your account and subscription in non-transferable, non-shareable and non-saleable. It is provided for your exclusive use ONLY. We grant the use of it to you for your exclusive use only. Please honor it.
  • If customer is unsatisfied within 15 days of subscription of services, customer can apply for refund by writing to helpdesk with reason for cancellation. Helpdesk will analyze the case and process the refund applicable to designated account. Post 15 days there will be no refund made.
  • In case of double payment, extra payment can be adjusted in future subscriptions or refunded.