This document is published in accordance with the provisions of Rule 3 of the Information Technology
(Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy
Please read these conditions carefully before using the Mycloudbazaar.com website. By using the
Mycloudbazaar.com website, you agree to be bound by these conditions.
When you use any of the services provided by Mycloudbazaar through the Website, You will be subject to
the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be
reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of
periodically for updates/changes. Your continued use of the Website post updating of changes will mean
that you accept and agree to the revisions. This electronic record is generated by a computer system and
does not require any physical or digital signatures.
- "Mycloudbazaar" means Mycloudbazaar Marketplace Private Limited also referred to as "we" or
"us" in these terms and conditions.
- "User/ Users" includes anyone who Uses/Registers to use the website or uses the
services provided and those who register to avail the above-mentioned services. For the
any natural or legal person who has agreed to become a user of the Mycloudbazaar Website by
providing data while registering on the Website as Registered User. A user may be a business
partner or an end customer.
- "business Partner" includes any person or legal entity who registers their product on our
website for sale to end users.
- Your use of this site, which is provided by Mycloudbazaar, by using this site you agree to
be bound by these terms and conditions.
- If you do not agree with any part of the following terms and conditions, you must not use
this site. Some areas of the site require registration.
- You agree, understand and acknowledge that the website is an online platform that enables
you to purchase products listed on the website at the price indicated therein at any time
from any location within the jurisdiction as set forth therein.
- By completing the initial registration form and by entering your email address and password,
you will be deemed to have accepted these terms and conditions. Also, by subscribing to any
of our email services, you are deemed to have accepted these terms and conditions. If you
- The right to use this website does not include any resale or commercial use of this
website or its contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this website or its contents; any downloading or copying of
account information for the benefit of another seller; or any use of data mining, robots, or
similar data gathering and extraction tools.
- You must not use any Mycloudbazaar services:
- In any way that causes, or is likely to cause, Mycloudbazaar, or any
access to it to be interrupted, damaged or impaired in any way, or
- For fraudulent purposes, or in connection with a criminal offence or
other unlawful activity, or
- 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 cognizable offence or prevents investigation of any offence or is
insulting any other nation.
- Mycloudbazaar reserves the right to refuse service, terminate accounts
or remove or edit content if you are in breach of applicable laws, these Conditions of Use
or any other applicable terms and conditions, guidelines or policies.
updates or changes. If you do not accept such amendments, you must cease using this site.
3. Trademarks and Copyright
- Trade names and marks (other than Mycloudbazaar's) are not always indications of the actual
owner/OEM of a particular product and may rather be indicative of general use systems and
machines associated with such products.
- You must not reproduce any part of this website or the material or transmit it to or store
it in any other website or disseminate any part of the material in any other form unless we
have indicated in writing that you may do so. The design, arrangement and look and feel of
this website are also the copyright of Mycloudbazaar and/or its licensors and may not be
copied or otherwise reproduced.
- The "Mycloudbazaar" is a registered trademark under the Indian Trade Marks Act, 1999, and
any use of the same without the consent shall be liable to be punished under the act.
- Mycloudbazaar respects the intellectual property of others. If you believe that your
intellectual property rights have been used in a way that gives rise to concerns of
infringement, please inform about the same through the following email address [email protected]
Access to the registration area on this site is permitted on the basis that:
- Your Email Id and password are personal to you and may not be used by anyone else to access
- You will not do anything which would assist anyone who is not a registered user to gain
access to any registration area of this site;
- You do not create additional registration accounts to abuse the functionality of the site,
or other users; nor do you seek to pass yourself off as another user.
- It is your responsibility to maintain the confidentiality of your password and you are
responsible for all activity that occurs under your username and password. We will not be
liable if your password is used by someone else.
- We reserve the right to cancel your account(s) and to ban you from registering a new account
if you are found using duplicate accounts or the security of your account is compromised in
any way and for any reason.
- Any questions about these terms and conditions or reports of anyone abusing the website or
otherwise not complying with these terms and conditions should be addressed to [email protected]
5. Interest-based Ads
- Interest-based ads are sometimes referred to as personalised or targeted ads. We show
interest-based ads to display features, products, and services that might be of interest to
- To serve you interest-based ads, we use information such as your interactions with
Mycloudbazaar sites, content, or services. In serving you interest-based ads we only keep
information collected for as long as required to provide our advertising services, in
- We work with third parties, such as advertisers, publishers, social media networks, search
engines, ad serving companies, and advertising companies working on their behalf, to improve
the relevance of ads we serve.
- Third-party advertisers or advertising companies working on their behalf sometimes use
cookies in the process of delivering content, including ads, directly to your browser or
device, and they may automatically receive an IP address when this happens. They may also
content, and perform services on behalf of Mycloudbazaar. For information on how to control
and delete cookies please visit our cookies policy
- Mycloudbazaar offers you choices about receiving interest-based ads from us. You can choose
not to receive interest-based ads from Mycloudbazaar. You may still see ads, but they may
not be based on your interests. For opting out of interest-based ads please see our cookies
6. Links to other websites
- This site may contain links to third-party websites ("other sites") that are not under
- Mycloudbazaar makes no claim or responsibility regarding the quality, nature and reliability
of the other sites that are accessible by hyperlinks from the sites or link to the sites.
- Mycloudbazaar provides these links to you as a convenience and inclusion of any link does
not imply endorsement by Mycloudbazaar as of other sites or any association with operators
of such other site.
posted at any third-party sites.
7. Viruses, Malware, and Security
- Mycloudbazaar uses technical and organisational security measures to protect the personal
information supplied by you against loss, destruction, and any unauthorised access by third
- We work to protect the security of your information during transmission by using Secure
Sockets Layer (SSL) software, which encrypts information you input.
- We follow the Payment Card Industry Data Security Standard (PCI DSS) when handling Debit and
Credit card data. And only compliant payment gateways, wallets, etc are integrated into the
Mycloudbazaar website for processing payments.
8. Errors and emissions
- We do our best to ensure that information on our website is complete, accurate and
- Despite our efforts, the information on our website may be occasionally inaccurate or out of
date. All specifications, products, description and prices of products on the site are
subject to change.
- The inclusion of any products or services on our website at a time does not imply or warrant
that these products or services will always be available. We reserve the right to
discontinue any product or service at any time.
- All contracts of sale made by Mycloudbazaar shall be deemed to incorporate these terms and
conditions, which shall prevail over any other terms from the party ("the Customer") with
whom Mycloudbazaar is dealing.
- The prices, price offers and descriptions of Goods or other services listed and mentioned in
the Seller's online store front do not constitute an offer.
- All orders are subject to acceptance and to availability of the products ordered.
Mycloudbazaar is entitled to refuse any order placed by you.
- Mycloudbazaar reserves the right to refuse service to anyone for any reason at any time.
10. You undertake that:
- All details you provide to us to purchase products or services offered on our web site are
correct and the user accepts that full liability for orders placed using a valid user-id and
password lies with you and not Mycloudbazaar.
- The credit or debit card you use to purchase from us is your own card or your company's
card, that you are authorised to use, and that there are sufficient funds or credit
facilities to cover the cost of any products or services you order from us. We reserve the
right to obtain validation of your credit or debit card details before providing you with
any products or services.
- You may need your Mycloudbazaar account to use certain Mycloudbazaar Services, and you may
be required to be logged into the account and have a valid payment method associated with
- Please note, Mycloudbazaar may record and/or monitor inbound and outbound calls and
electronic traffic for training purposes.
found here: https://www.Mycloudbazaar.com/privacy-policy
- All software is sold subject to the software publisher's end user licence agreement (EULA),
the terms of which the Customer agrees to adhere to.
- Goods and services are invoiced at the price prevailing at the time of acceptance of the
- The prices displayed are exclusive of any applicable taxes and delivery charges in the case
of hardware products.
- Mycloudbazaar reserves the right to modify the prices from time to time.
- Despite our best efforts, some of the items in our catalogue may be mispriced. We will
verify pricing when processing your order and before we take payment. If we have made a
mistake and a product's correct price is higher than the price on the website, we may either
contact you before dispatch to request whether you want to buy the product at the correct
price or cancel your order. If a product's correct price is lower than our stated price, we
will charge the lower amount and send you the product.
12. Delivery, Title and Risk
- Mycloudbazaar shall use reasonable endeavours to despatch goods by the date agreed with the
customer, but does not accept liability for failure to deliver within the stated time where
this is caused by circumstances beyond our reasonable control, such as delays caused by
delivery companies or OEM lead times. If a delay is likely, Mycloudbazaar shall contact the
customer and advise of the delay. A customer who is a Consumer shall be entitled to cancel
an order when advised of a delay if the revised delivery date is not acceptable.
- In the case of a Business Customer, if Mycloudbazaar is unable to deliver the goods within
the agreed delivery date, the Business Customer can, at its sole remedy, be entitled to
cancel the order and require any monies paid to Mycloudbazaar in respect of that order to be
refunded. In order to cancel, the Business Customer must send written notice of cancellation
to Mycloudbazaar after the above date but before delivery of the goods or notification from
Mycloudbazaar that the goods are ready for delivery.
- In the case of Business Customers, Mycloudbazaar does not accept liability for shortages or
damage to deliveries unless the Business Customer notifies Mycloudbazaar of the shortage or
damage in writing within 48 hours of receipt of the delivery. Consumers should notify
shortages or damage within a reasonable period of becoming aware.
- Business Customers are required to be able to accept the goods when they are ready for
delivery within Normal Working Hours.
- Delivery is deemed to take place when the goods are delivered to the Customer's nominated
address, whereupon the risks of loss, breakage and all damage and all other risks shall pass
to the Customer.
13. Title in the goods shall pass to the Customer on delivery
- If the Customer cannot accept delivery, Mycloudbazaar may at its option: (a) store and
insure the goods at the Customer's expense and risk or (b) sell the goods at the best price
reasonably obtainable and (after deducting reasonable storage insurance and selling costs)
pay to the Customer any excess over the sale price or charge the Customer for any shortfall
or (c) re-arrange delivery provided that Mycloudbazaar may charge the Customer for the
additional delivery costs incurred.
- Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to
acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number
of packages delivered corresponds with the number stated on the delivery note. Where a
discrepancy occurs or where there is evident damage to the packaging, this should be noted
on the Proof of Delivery. Mycloudbazaar shall not be liable for discrepancies or damage
evident on delivery where the Customer accepts delivery and signs the Proof of Delivery
- Payment is due on presentation of invoice unless credit terms have been agreed in writing
with Mycloudbazaar. Mycloudbazaar shall invoice Customer: on acceptance of the Customer's
order in respect of software; on the shipment in respect of hardware; on completion of
professional services or monthly in arrears in respect of recurring services unless
otherwise agreed in writing and in advance in respect of maintenance and support services.
- If payment is not made on the due date, Mycloudbazaar will be entitled to charge the
interest calculated daily and any additional damages due to late payment by the consumer at
- While availing any of the payment method/s available on the Platform, we will not be
responsible or assume any liability, whatsoever in respect of any loss or damage arising
directly or indirectly to you due to:
- Lack of authorization for any transaction/s, or
- Exceeding the limit mutually agreed by You and between "Bank/s", or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s.
- Before shipping / delivering your order to you, Seller may request you to provide supporting
documents (including but not limited to Govt. issued ID and address proof) to establish the
ownership of the payment instrument used by you for your purchase. This is done in the
interest of providing a safe online shopping environment to Our Users.
- You have specifically authorized Mycloudbazaar or its service providers to collect, process,
facilitate and remit payments and/or the Transaction Price electronically or through Cash on
Delivery to and from other Users in respect of transactions through Payment Facility.
- You understand, accept and agree that the payment facility provided by Mycloudbazaar is
neither a banking nor financial service but is merely a facilitator providing an electronic,
automated online payment, collection and remittance facility for the Transactions on the
Mycloudbazaar Platform using the existing authorized banking infrastructure and Credit Card
payment gateway networks. Further, by providing Payment Facility, Mycloudbazaar is neither
acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the
- Mycloudbazaar reserves the right to refuse to process Transactions by Buyers with a prior
history of questionable charges including without limitation breach of any agreements by
Buyer with Mycloudbazaar or breach/violation of any law or any charges imposed by Issuing
Bank or breach of any policy.
- As required by applicable law, if the Customer makes a purchase of an amount equal to or
above INR 50,000.00, the Customer will be required to update the PAN number.
- All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a
Credit Card payment gateway or appropriate payment system infrastructure and the same will
also be governed by the terms and conditions agreed to between the Buyer and the respective
Issuing Bank and payment instrument issuing company.
- All online bank transfers from valid bank accounts are processed using the gateway provided
by the respective issuing bank which supports payment facility to provide these services to
the users. All such online bank transfers on payment facility are also governed by the terms
and conditions agreed to between buyer and the respective issuing bank.
15. Product Specifications
- Mycloudbazaar makes every effort to supply the goods as advertised but reserves the right to
supply the goods subject to minor variations in actual specifications where these are
changed by the manufacturer.
- Unless expressly indicated otherwise, Mycloudbazaar is not the manufacturer of the products
and services sold on this website. While we work to ensure that product information on our
website is correct, actual product packaging and materials may contain more and different
information to that displayed on our website. All information about the products on our
website is provided for information purposes only. We recommend that you do not rely solely
on the information presented on our website. Please always read labels, warnings and
directions provided with the product before use.
16. Listing Order of Software on The Website
- Mycloudbazaar lists the Software applications / products of its partners in the order in
which it deems appropriate.
- Mycloudbazaar recommends that YOU determine the appropriate Software according to your best
judgment and YOU shall not hold Mycloudbazaar or its affiliates liable for your decision
based on the order of the Software listed.
- Mycloudbazaar may mark certain products as "Featured" based on popularity, ratings and
reviews in general. However, Mycloudbazaar recommends You determine the appropriateness of
the software for your application
- On seeking recommendations on software for certain applications, domain experts at
Mycloudbazaar will assist end users to make the right choice, however disclaim any liability
for decisions made by You.
17. Reviews and Comments
- Visitors may post reviews, comments and other content; and submit suggestions, ideas,
comments, questions or other information, as long as the content is not illegal, obscene,
abusive, 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 the content.
- If you post customer reviews, comments, customer questions or answers, or other content
generated by you for display on the website (including any images, video or audio, all
together "content", you grant Mycloudbazaar; (a) a non-exclusive, royalty-free licence to
use, reproduce, publish, make available, translate and modify such content throughout the
world (including the right to sublicense these rights to third parties) and (b) the right to
use the name that you submit in connection with such content. No moral rights are
transferred by this provision.
- If you believe that any content on or advertised for sale on any Mycloudbazaar contains a
defamatory statement, or that your intellectual property rights are being infringed by an
item or information on any Mycloudbazaar, please notify us by using the following email ID -
18. Mycloudbazaar's liability
- We will do our utmost to ensure that availability of the Mycloudbazaar Services will be
uninterrupted and that transmissions will be error-free. However, due to the nature of the
internet, this cannot be guaranteed. Also, your access to Mycloudbazaar Services may be
occasionally suspended or restricted to allow for repairs, maintenance, or the introduction
of new facilities or services.
- In its dealings with Business Customers, Mycloudbazaar shall under no circumstances be
liable for any consequential or indirect damage or loss, however, caused, including (but not
restricted to) loss of business or profits, loss of goodwill, damage to trading
relationships loss of data and other financial loss. ("Financial loss" in this sense does
not refer to the price you have paid for the goods, which we may be liable to refund to you,
in whole or in part, if the goods are faulty or do not comply with their description).
Mycloudbazaar's liability in respect of all other losses shall be limited to the invoiced
amount of the relevant order.
- Nothing in these conditions limits or excludes our responsibility for fraudulent
representations made by us or for death or personal injury caused by our negligence or
19. Force Majeure
- Where, in spite of its reasonable efforts, Mycloudbazaar is unable to perform an obligation
due to circumstances beyond its reasonable control, it shall not be deemed to be in breach
of its contract with the Customer.
20. Compliance With Relevant Requirements
- User shall comply with all the applicable laws (including without limitation Foreign
Exchange Management Act, 1999 and the Rules made and notifications issued thereunder and the
Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs
Act, Information and Technology Act, 2000 as amended by the Information Technology
(Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made
thereunder, Foreign Contribution Regulation Act, 1976 and the Rules made thereunder, Income
Tax Act, 1961 and the Rules made thereunder, Export-Import Policy of government of India)
applicable to them respectively for using Payment Facility and Mycloudbazaar Platform.
21. Export restrictions
- User acknowledges that some goods are controlled for resale or export by the DGFT rules,
U.S. Department of Commerce, the EU or EU/EFTA member state bodies and/or other applicable
restrictions and that such goods may require authorization prior to resale or export. User
agrees that it will not export, re-export, or otherwise distribute goods, or any direct
products thereof, in violation of any dual-use restrictions and export control laws or
regulations of the U.S., the EU or any EU/EFTA member state or other applicable
- Unless authorized by the Mycloudbazaar in writing, the customer or any other person shall
not resell the products or services outside the agreed territorial limit.
- User shall indemnify Mycloudbazaar for any claims, losses, costs, liability and charges,
including reasonable legal fees incurred by Mycloudbazaar as a result of Customer's breach
of any export controls or regulations.
- It shall be the User's responsibility to comply with all export and other resale
restrictions. Upon request, the User agrees to reaffirm in writing its compliance and its
intentions to comply with applicable export and restricted user and uses regulations.
22. Confidential information and data protection
- Each party shall preserve the confidentiality of all confidential information of the other
which it receives, keep such information secure and protected against theft, damage, loss or
unauthorized access, and not use such information for any purpose except as contemplated by
- Each party shall ensure that such obligations are observed by its employees, officers,
agents and contractors.
- Each Party shall process personal data in accordance with the Data Protection Legislation
(which includes applicable data protection legislation including the I T Act, 2000(21 of
2000), General Data Protection Regulation ((EU) 2016/679) (GDPR), and any national or state
laws, regulations and secondary legislation) as amended from time to time.
- Personal data processing will be accomplished through electronic and non-electronic means,
for the purpose of these terms and conditions. Users shall be responsible for obtaining the
consent of all Customer related data subjects whose personal data is provided to or
otherwise made available to Mycloudbazaar according to these terms and conditions or any
- Customer authorizes Mycloudbazaar to engage sub-processors to the extent required for the
performance of these terms and conditions and/or any order.
- Mycloudbazaar shall in respect of any personal data of the Customer processed under these
terms and conditions to maintain such personal data under appropriate, commercially
reasonable and sufficient technical and organisational security measures to protect such
personal data or information and both Parties warrant to have taken all appropriate
registrations under relevant laws.
- Notwithstanding any other provision of these terms and conditions, Customer agrees that
Mycloudbazaar shall not be considered a data processor or data controller or in any other
way have any responsibilities or liability (and the Customer holds Mycloudbazaar harmless)
in respect of the processing of personal data pursuant to a Product or Service (including
cloud service) provided by a third party supplier of product or services transacted by
Mycloudbazaar and where Mycloudbazaar is not processing such data. Such processing of
personal data shall be subject to the arrangements and contract terms entered in to directly
between Customer and the third-party provider.
- Mycloudbazaar makes no representation that materials in the Platform are appropriate or
available for use in other locations/Countries other than India. Those who choose to access
this site from other locations/Countries other than India do so on their own initiative.
- Nothing in these terms and conditions affects your statutory rights as a Consumer.
- If any provision in this Agreement is held to be invalid or unenforceable, it shall be
deemed severed from the Agreement and this shall not affect the validity or enforceability
of the remaining provisions.
24. Any waiver of a breach of this Agreement must be in writing.
- Any variation of this Agreement must be in writing and signed by a duly authorized
- Any notices given under this Agreement shall be in writing and sent to the authorized mail
id provided on the website.
- These terms and conditions shall be governed by and construed in accordance with the laws of
India and the parties submit to the non-exclusive jurisdiction of the Delhi Courts.
25. Dispute Settlement
- In the event of any dispute arising out of or relating to these terms, the affected party
shall notify the other party, and the parties shall attempt in good faith to resolve the
matter agreed between both the parties. Any disputes not resolved by good faith discussions
shall be referred to senior executives of each party, who shall meet at a mutually
acceptable time and location within thirty (30) days after the Notice Date and attempt to
negotiate a settlement.
- If the dispute has not resolved through negotiation, it shall be referred to mediation at
the office of Mycloudbazaar, Faridabad, Haryana and in accordance with its then-current
Mediation Rules and as per the Arbitration & Conciliation Act, 1996.
- If the mediation is abandoned by the mediator or is otherwise concluded without the dispute
or difference being resolved, then such dispute difference or controversy shall be referred
to and determined by arbitration by a sole arbitrator as per the Arbitration &
Conciliation Act, 1996. Any award so passed by the Arbitrator shall be binding on both the
parties. The Venue of Arbitration shall be at Delhi and the proceeding shall be in the
- This Agreement shall be governed by and construed in accordance with the laws of India and
shall be subject to the exclusive jurisdiction of courts at Delhi.
- The information contained in this website is for general information purposes only. The
information is provided by Mycloudbazaar and uploaded by the respective OEMs. While we
endeavour to keep the information up to date and correct, we make no representations or
warranties of any kind, express or implied, about the completeness, accuracy, reliability,
suitability or availability with respect to the website or the information, products,
services, or related graphics contained on the website for any purpose. Any reliance you
place on such information is therefore strictly at your own risk.
- In no event will we be liable for any loss or damage including without limitation, indirect
or consequential loss or damage, or any loss or damage whatsoever arising from loss of data
or profits arising out of, or in connection with, the use of this website.
- All the Products sold on Platform are governed by different state laws and if Seller is
unable to deliver such Products due to implications of different state laws, Seller will
return or will give credit for the amount (if any) received in advance by Seller from the
sale of such Product that could not be delivered to you.
- Through this website, you are able to link to other websites which are not under the control
of Mycloudbazaar. We have no control over the nature, content and availability of those
sites. The inclusion of any links does not necessarily imply a recommendation or endorse the
views expressed within them.
- Responsibility for the content of external links (to web pages of third parties) lies solely
with the operators of the linked pages. No violations were evident to us at the time of
linking. Should any legal infringement become known to us, we will remove the respective
- Every effort is made to keep the website up and running smoothly. However, Mycloudbazaar
takes no responsibility for, and will not be liable for, the website being temporarily
unavailable due to technical issues beyond our control.
- We reserve the right, at our sole discretion, to change, modify, add or remove portions of
use of the Platform following the posting of changes will mean that you accept and agree to
non-exclusive, non-transferable, limited privilege to enter and use the Platform.
- Our website and its contents are subject to Indian copyright law. Unless expressly permitted
by the law or prior consent of the respective owner of the rights, utilizing, reproducing or
processing is illegal and will be punished.
User may contact Mycloudbazaar in case of any queries/claims relating to the Website or sale and
purchase of services provided by mycloudbazaar at: [email protected]