Terms of Service

Effective date: January 15, 2025

WELCOME TO ALLIANCE CLOUD PC

THIS LEGAL AGREEMENT BETWEEN YOU AND ALLIANCE BROADBAND SERVICES PRIVATE LIMITED (hereinafter referred to as "ABSPL") GOVERNS YOUR USE OF VIRTUAL CLOUD PC SERVICES INCLUDING BUT NOT LIMITED ONLY, CLOUD STORAGE SERVICES AND SOFTWARE SERVICES INCLUDING SERVICES RENDERED THROUGH WEBSITES AND MOBILE APPLICATION FOR ALLIANCE CLOUD PC (COLLECTIVELY REFERRED TO AS THE "SERVICES"). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE IMPLICATIONS OF THE FOLLOWING TERMS AND CONDITIONS. BY WAY OF CLICKING "I AGREE", YOU ARE AGREEING THAT THESE TERMS, CONDITIONS AND STIPULATIONS WILL APPLY TO YOU FOR USING ANY OR ALL THE SERVICES RENDERED BY ABSPL UNDER ALLIANCE CLOUD PC.

Terms and Conditions

ABSPL and their affiliates ("ABSPL", "we", "our", "us") are committed to protecting the privacy, confidentiality and security of your personal information by complying with applicable laws in India, and we are equally committed in ensuring that all our employees and agents uphold these obligations.

This Privacy Policy ensures your personal information is protected at all material times to the best of our ability. It also applies to any personal information we collect from the operation and use of Products and Services connected to our Alliance CLOUD PC Services.

Our Services offered may include (1) online services accessible through www.alliancebroadband.co.in and all associated sites connected with the former, excluding any third party sites; (2) software applications that can be downloaded to connected devices or computer and (3) All other services that are available and/or made available in the future for improvement and enhancement for this application.

You are required to provide us with all authentic and correct information as required and specified in the online application form available on our Website to register and avail our services.

You are advised to thoroughly read policies including the terms and conditions contained hereunder before clicking on the box and accepting for using our services.

Our Services shall be maintained by third parties and that are not under our direct control or maintained by us. This Privacy Policy does not apply to how third party may collect, use, disclose or retain information. However, in the event of any data theft or misconduct on the part of such Third Party, ABSPL shall at no material time be held responsible by any user or any other person claiming through or under such user at any point of time. The terms and policies may be modified from time to time to protect and preserve the interest of the users. All such update shall be made available on public domain for the user information at the earliest. Upon applying for services it is deemed to have been accepted by you after carefully reading the terms and policies mentioned herein and/or modified subsequently from time to time. In order to comply with the applicable laws, including local data protection law as may be amended from time to time, we may specifically seek prior express consent to the particular processing of personal information. Furthermore, we are committed to protecting the privacy, confidentiality and security of your personal information by complying with applicable laws, and we are equally committed in ensuring that all our employees and agents uphold these obligations.

Interpretation

In this context unless the context otherwise requires—

"The company" means Alliance Broadband Services Pvt Ltd. having its registered office at 53A, Dr. Lalmohan Bhattacharya Road, 2nd Floor, Kolkata- 700014 and Admin Office at P-31, C.I.T. Road. 2nd Floor, Kolkata-700014, its successors and assignees, and all other entities involved in the provision of the service.

"The Tariff" and "The Service Packages" inserts the schedule of charges for the service which the company publishes.

"Contract" means the agreement between the Company and Customer incorporating these conditions, the registration form displayed and completed and the Tariff.

"Customer" means any person or persons or any organisation as defined under the General Clause Act 1899 who has obtained connection for Broadband Internet Services from the company by a way of Memorandum of Acceptance duly signed and executed themselves and/or through their authorised representative.

"Information" means the visual, textual or other information published or in any other mode as made available (directly/indirectly) by way of public information.

"The Internet" means the global data network comprising interconnected networks using TCP/IP (Transmission Control Protocol/ Internet Protocol).

"The Service" means the service provided by the Company to its customer/user to use the service through the dedicated platform provided by the Company.

"Subscriber" means a customer who had purchased the Service from the Company and amount paid to the Company in advance for the service to be rendered by the Company.

"Third Party Content" means all information, software and other content provided by any independent third party that can be accessed through or by virtue of the Service provided by the Company.

Company's Tariff/Terms and Conditions of Quotation contain explanation notes and conditions, which form a part of this connectivity Agreement.

These conditions along with the Tariff Plan and the Customer agreement Form and also the Memorandum of Acceptance and duly filled up with mandatory Proof of Identity (KYC etc.) shall form the basis of a composite Contact between you and the Company and shall at all material time be governed by the terms and conditions written herein and also duly agreed and accepted by you.

Service Description

ABSPL, in collaboration with a third-party service provider, provides a comprehensive Alliance CLOUD PC service integrated with its Broadband Internet plans in a cloud-based mode allowing its users to access to a remote desktop environment through: (a) Android applications, (b) Web-based login (URL), (c) Compatible devices such as Android TV, Android Box, Notebook. This service empowers users to connect through internet and use the desired device as a Personal Computer and Cloud Storage strictly on subscription basis and/or 'Add on' packages as may be opted by you.

Account Registration

In order to use the Services, you are required to sign up and create an account. To sign up for an account, you represent and warrant that: (a) all required registration information you submit must be true and correct; and (b) you shall maintain the accuracy of such information at all material times. You shall be responsible for safe keeping and preserving your password and other vital account details of your profile at all material times.

Privacy and Data Security

Users' privacy is of utmost importance to us and we shall make all arrangement to protect and preserve your data through our third party service provider's at all material time for the benefit of you. It outlines the measures taken to ensure the security and confidentiality of user information, emphasizing the commitment to safeguarding user privacy.

The collection and utilization of personal information are governed by our Privacy Policy.

However, the data stored in the cloud storage of our third party vendors shall be end to end encrypted and in the event of loss of such data users cannot hold us liable. Further however, users may hold third party liable in terms of their Privacy Policy as the Third Party shall be guided by their own policy.

ABSPL and/or its third party Service Provider shall make all endeavours to protect and preserve highest level of security to safeguard users from any form of cybersecurity threats including but not limited to unauthorised access and/or any form of cyberattack.

ABSPL further ensures to protect and preserve data including search data of all authorised users. However, ABSPL and/or its third party Service Provider shall not be liable for data loss beyond their reasonable control.

ABSPL recommends all its users to regularly backup their data in any other form and/or device to prevent potential loss of such data.

Violation of Security Systems

You are prohibited from using any form of malicious software to compromise the security of the Data & Services. In the event of such activity is noticed the User's account shall be blocked permanently including the user's IP Address or Addresses available with us. We shall also be constrained to take all necessary legal action, both civil and criminal against such person or persons.

Data Ownership

Users shall at all material times have ownership over the data generated in their Cloud PC service till subsistence of such service. ABSPL and its third-party service provider are granted limited access to the data strictly for enhancement of services to be provided to the users from time to time. This clause reinforces the user's control and ownership over their data and the data shall be encrypted.

How We Use Your Information

We use your personal information to operate, provide, develop, and improve the products and services that we offer. These purposes include:

Provide, troubleshoot, and improve our Products and Services. We use your personal information to provide functionality, analyse performance, fix errors, and improve the usability and effectiveness of our Products and Services.
Comply with legal obligations. In certain cases, we collect and use your personal information to comply with the applicable laws prevailing in the Union of India.
Communicate with you. We use your personal information to communicate with you in relation to our Products and Services via different channels.
Marketing. We use your personal information to display interest-based ads for features, products, and services that might be of interest to you. We do not use information that personally identifies you to display interest-based ads.
Fraud Prevention and Credit Risks. We use personal information to prevent and detect fraud and abuse in order to protect the security of our customers, ABSPL, and others.

We will only process your personal data for the purposes of providing Products and Services in compliance with applicable laws, as may be amended from time to time.

We will not use your information for automated decision-making.

How We Share Your Information

We may share your personal information internally and externally with suppliers, advisors, or Partners for our legitimate business purposes, and only on a need-to-know basis. When sharing personal information, we implement appropriate checks and controls to confirm that the information can be shared in accordance with applicable laws.

With Our Authorized Partners: We may share your information with our authorized partners to promote safety, security, and integrity and comply with applicable laws; personalize offers, ads, and other sponsored or commercial content; develop and provide features and integrations; understand how customers use and interact with our Products and Services.
Service Providers: To assist in our business operations and provide better Products and Services (e.g., for software maintenance services, advertising serving technologies, e-mail services, delivery services, database management services, web analytics, and other services), we may share your information with such service providers.
Other Entities With Your Consent: You may choose to integrate certain third-party services with our Services. By doing so, you authorize us to transmit your personal information to third parties when you choose to integrate their services with our Services. Information collected by such third-party services is subject to their own terms and policies. ABSPL shall not be responsible with regard to use of your data by such third parties.
Marketing: We may aggregate anonymized user information and provide it to our third-party marketing service providers only for our promotional and/or marketing practices.
Change of Control: We may be required to share your information as part of a merger, acquisition, asset sale, asset purchase, financing, bankruptcy, or other change of control as the case may be without any intimation.
Responding to Legal Requests: We may share information where we have a good faith belief that such disclosure is necessary to (a) comply with an applicable law or legal process or (b) respond to actual or potential complaints or legal claims, like search warrants, court orders, production orders, or subpoenas. Or (c) where otherwise necessary to protect our rights, interests, and/or property (including, without limitation, to enforce our agreements), or the rights, interests, and/or property of our agents, independent contractors, customers, and others.

Service Availability

ABSPL shall make all effort to ensure uninterrupted access to our services. However, users are informed that continuous availability is not guaranteed. The service may be temporarily suspended for maintenance or other reasons, and users are encouraged to plan accordingly to mitigate potential disruptions.

Children's Privacy

We do not intend that any portion of our Services will be accessed or used by children under the age of 18, or equivalent minimum age in the relevant jurisdiction and such use is prohibited. Our Services are designed and intended for adult's supervision. By using our Services, you represent that you are at least 18 years old, or above the equivalent minimum age in the relevant jurisdiction in order to create an account and use our services. In the event of any user is under the age of 18 and the same is brought to our knowledge, we shall upon verification of such information shall suspend the account. If you are a parent or guardian of a child under the age of 18, or equivalent minimum age in the relevant jurisdiction and believe he or she has disclosed personal information to us, please contact us by email at abspl@alliancebroadband.co.in.

Cloud Storage

The Alliance Cloud PC may offer cloud storage for storing data of its user for a specified time as per the plan opted by the user from time to time. But, the Data shall not be stored after the expiry of the subscription and recovery may not be possible.

Subscription Plans

ABSPL may offer subscription plans for enhanced features and extended services. Users opting for subscription plans are subject to additional terms and conditions outlined in the respective subscription plans and is to be treated to be a part of this acceptance at all material times.

Subscription Payment and Automatic Renewal

If applicable under your plan, subscription payments and automatic renewal terms will be detailed in the subscription agreements. Users will be notified in advance of upcoming renewals and associated charges. Alliance Cloud PC is provided on a paid subscription basis, users may select configuration options including CPU, RAM, storage, and subscription duration. Subscription fees are payable in advance and are non-refundable, unless expressly stated otherwise. The Company reserves the right to revise pricing or plans at any time.

Beta Features

Any features or components of the Cloud PC service labelled as "beta" or in a testing phase are provided on an experimental basis. Users acknowledge the potential for errors or bugs in beta features and agree to use them at their own risk.

Your Rights

To the extent required by applicable law, you may (i) have the right to access certain personal data we maintain about you, (ii) request that we update or correct inaccuracies in that data, (iii) object or restrict to our use of your personal data, and (iv) ask us to delete your personal data from our database. To exercise these rights, please send us an email at abspl@alliancebroadband.co.in.

If allowed by applicable laws, you have the right to withdraw your consent at any time when we process your personal data based on your consent. However, withdrawal does not affect the legitimacy and effectiveness of how we process your personal data based on your consent before the withdrawal is made; nor does it affect any data processing based on another justification other than your consent.

Your Acceptance

These Terms of Use (the "Terms") are a binding contract between you and ABSPL (the "Agreement"). If you do not agree to and accept all of the Terms, you do not have the right to use the Services and should cease using them immediately. By using the Services in any way, you agree to the Terms. The terms shall remain in effect as long as you use the Services.

Permitted Use

The Service is strictly intended for normal home and light official use, including: Internet access, MS Office, mail use, official data entry work, and other works of like nature.

Prohibited Activities

Users are explicitly prohibited from engaging in any illegal or unauthorized activities while using our services. This includes, but is not limited to, software or application development work, game service or other hard wares, malwares, any form of data mining. Attempting to access restricted programs, violating privacy rights, and distributing malicious content.

Proxy & VPN Detection Disclaimer (Liability Exclusion)

The Cloud PC operates from a high-security data centre environment.

Third Party Blocking: Some external websites may automatically identify Cloud PC IP addresses as a "Proxy" or "VPN" connection and deny access.
No Provider Liability: The Service Provider is not liable if a third-party website displays messages such as "You are using a proxy" or "Access Denied".
External Policy: Such restrictions are imposed by the website owner's security settings. The Service Provider cannot guarantee that every website on the public internet will be accessible via the Cloud PC.

No Agency Relationship

Nothing in these terms creates a partnership, joint venture, employment, or agency relationship between the user and ABSPL. Users do not have the authority to bind or represent ABSPL in any way.

Modifications to Terms

Please note that these Terms may be revised and reissued, prospectively, by posting updated terms on this website www.alliancebroadband.co.in. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on this website. Your continued use of the Services will be deemed as irrevocable acceptance of any updates to these Terms.

Representations and Warranties

You represent and warrant that you are of legal age to enter into a binding contract. If not, you represent and warrant that you have acquired parental consent and that they have read and agreed to these Terms on your behalf. If you're using the Services on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on their behalf and bind them to these Terms. You may only use the Services for your personal, non-commercial use. Your use must comply with all laws that apply to you.

Legal Capacity

The Services are directed to a general audience for adults. We will assume (and by using the Services you warrant that) you have legal capacity to enter into these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

Disputes

If any dispute arises between ABSPL and the users in connection with or arising out of the services as stated herein, the dispute shall be referred to an Arbitration under the Arbitration and Conciliation Act, 1996 and as amended from time to time to be adjudicated by a Sole Arbitrator appointed by ABSPL. The place of Arbitration shall be at Kolkata and the official language of the proceeding shall be in English and the final Award passed in the said proceeding shall be binding on the parties.

The Civil Courts at Kolkata having territorial and pecuniary Jurisdiction in connection with or arising out of any claims made under the terms and conditions stated herein shall have exclusive Jurisdiction.

Intellectual Property

You acknowledge that all intellectual property rights, including without limitation patents, copyrights, trademarks, trade secrets and all other proprietary rights, in the Products, Product Software, and Services are owned by ABSPL or its affiliates, licensors, or suppliers (collectively, the "IP Rights"). Your possession, access, and use of the Products, Product Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such IP Rights. ABSPL and its affiliates and licensors and suppliers reserve all rights not granted in these Terms.

Force Majeure

Neither Party shall be responsible for failure due to an impeding 'Force Majeure Event', provided that the subjected Party: (i) has promptly notified of the circumstances which may result in failure to perform its obligations; (ii) could not have avoided the effect of the Force Majeure Event by taking precautions.

Either party shall also not be liable for, or will be considered to be in breach of or default under this agreement on account of any delay or failure to perform as may be required under this agreement as a result of any causes or conditions that are beyond such reasonable diligence in the event of any Force Majeure Event.

Investigations

ABSPL reserves the right to investigate suspected violations of these Terms, including without limitation, any violation arising from any submission, posting or emails you make or send to any Forum. ABSPL may seek to gather information from the user who is suspected of violating these Terms and from any other user. ABSPL may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. ABSPL will fully cooperate with any law enforcement authorities or court order requesting or directing ABSPL to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate these Terms.

Indemnity

You agree to indemnify and hold ABSPL, its affiliates, officers, agents, employees, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including legal fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third-party using your account), and (b) your violation of these Terms.

Termination

You are free to stop using the Services at any time. You understand and agree that we may or may not delete your User Content in the event that you stop using the Services. At any time, ABSPL may (a) suspend or terminate your rights to access or use the Services if ABSPL in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines, terms, or rules.

In the event that we elect to terminate your account, we will try to provide advance notice to you prior to termination so that you are able to retrieve any important User Content stored in your account. You understand and agree that we may provide no advanced notice for any reason, but usually because it would be impractical, illegal, not in the interest of someone's safety or security, or otherwise harmful to the rights or property of ABSPL.

Changes of Services

The Services may change over time, as we improve them. At any time, we may temporarily or permanently modify, suspend, discontinue, or restrict access to all or part of the Services and/or any related software, facilities, and services, with or without notice and/or to establish general guidelines and limitations on their use.

Updates

ABSPL may from time to time in its sole discretion develop and provide updates to its Services and/or Product Software, which may include upgrades, bug fixes, patches, other error corrections, security fixes and/or new features (collectively, including related documentation, if any, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Based on your device settings, when your device is connected to the internet either: a) the Services will automatically download and install all available Updates; or b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms.

Limitations of Services and Product Software

You acknowledge and agree that Services and Product Software are not intended to be 100% reliable or available 24 hours a day, 7 days a week. The Services/Product Software may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, updates, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. ABSPL does not offer any specific uptime guarantee for the Services/Product Software.

BY ACCEPTING THESE TERMS, YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE ABSPL GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE ABSPL GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE ABSPL GROUP OR LAW ENFORCEMENT AUTHORITIES.

Contact

For any questions regarding these Terms of Service, please contact us at abspl@alliancebroadband.co.in.

Address: 53A, Dr. Lalmohan Bhattacharya Road, 2nd Floor, Kolkata- 700014, West Bengal, India.