TERMS AND CONDITIONS
WEBSITE ADDRESS AND ITS OBJECTIVES:
Objective of this website is to introduce about our services and to share our contact details to our customers and visitors.
SITE OWNER:
This website would be operated by Mr. Ravindra, Bengaluru, Karnataka, India who is the sole proprietor of 'CLICK MY CODE' professional VBA excel coding services.
When this policy mentions, "CLICKMYCODE", "CMC", "WE", "US", "OUR", "OURS", "OWNER", It refers to click my code or sole proprietor who is the owner or data controller of this site.
USERS:
Users refers to who purchases, intend to purchase, or inquire about any product(s) or service(s) made available by CMC through any of CMC's customer interface channels including its website, mobile site, mobile app & offline channels (collectively referred herein as "Sales channels").
For the purpose of this Privacy Policy, wherever the context so requires "customer(s)", "client(s)", "you" or "your" shall mean Users.
ACCEPTANCE OF TERMS:
By accessing the content of the Website or by availing our services or products, you agree to be bound by the terms and conditions set out herein and you accept our Terms and Conditions. If you object to any of the terms and conditions set out in this agreement you should not use our Website/sales channels/products or services and leave immediately. You agree that you shall not use the Website or Services for illegal purposes and that you shall respect all applicable laws and regulations with respect to the usage of Website or Services. You agree not to use the Website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the website or attempt to gain access to secured areas or sensitive information. You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this agreement.
MODIFICATIONS OF TERMS:
We reserve the right to update or modify these T&C at any time without prior notice. Your access of the Website and use of the Services following any such change constitutes your agreement to follow and be bound by these T&C, as updated, or modified. For this reason, we encourage you to review these T&C each time you access and use the Services. We reserve the right to update the Website and/ or the Services, in order to, increase efficiency, optimize user interface, and add new facilities from time to time. Please note your continued use or access of the Website shall at all times be deemed to be your consent to be bound by the existing T&C as modified from time to time.
USER ELIGIBILITY:
This Site and the Services are available only to those users, who can form legally binding contracts under applicable law.
By using this Site or the Services, you represent and warrant that you:
(i) are at least eighteen (18) years old;
(ii) have the legal capacity to enter into an agreement with us;
(iii) are not a person barred from purchasing or receiving the Services under the laws applicable to these Terms of Service or other applicable jurisdiction; and
(iv) meet the conditions for purchase and (or) use of the Services, if any, as specified in the Agreement.
If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access the Services and avail of the features and facilities on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity and further, if you have fulfilled such additional eligibility requirements as CMC may require in connection therewith.
LIMITATION OF LIABILITY:
We do not claim that the Services on the Website, are appropriate, accurate, reliable, or updated, suitable, or complete or may be downloaded in a particular jurisdiction and your use of the Platform shall be at all times be solely at your discretion and risk and the Owner shall at all times remain indemnified.
We will under no circumstance be liable for indirect, special, direct, incidental or consequential damages including without limitation any loss of business, revenue, profits, or data in relation to or arising out of or in any way connected with the access, use or performance of the services, functions and features or for interruptions, delay, etc., even if we were advised of the possibility of damages resulting from the cost of getting substitute facilities on the services, any services, data, information or services purchased or obtained or messages received or transactions entered into through or from the services, unauthorized access to or alteration of your transmissions or data statements or conduct of anyone on the services, or inability to use the services, the provision of or failure to provide the functions and features, whether based on contract, tort, negligence, strict liability or otherwise. This clause shall survive in perpetuity.
INTELLECTUAL PROPERTY RIGHTS:
All of the content of our websites/products or Services, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, interface, reports generated, trademarks (whether or not registered), trade names, trade secrets (“Service Content”), constitute Clickmycode’s intellectual property. Further, the Owner may also from time to time at its own discretion display the copyright works or intellectual property of their various contributors such intellectual property shall at all times belong solely to the respective such contributors, CMC at no time claims to own any copyright or intellectual property of their contributors, further Copyright laws in all applicable jurisdictions protect the Services and the Services Content; You agree not to duplicate, distribute, create derivative works of, display, or commercially exploit the Service Content, features or facilities, directly or indirectly, except as expressly authorized herein.
The Owner is the sole owner of the underlying software and source code associated with Website and all the trademarks (whether or not registered), copyright and any other intellectual property rights of any nature on the Website/products or services.
All intellectual property such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the website remain the property of ours. By using our Website, products or services you agree to respect the intellectual property rights of CMC and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purposes any material contained within the website, products or services other than expressly permitted therein.
In the event of breach of the aforestated provisions the Owner reserves the right to initiate legal action against any exploitation of the Service Content whether or not utilized for commercial gain, the same shall amount to unauthorized usage of Service Content.
THIRD PARTIES:
The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.
All the websites linked to the Website are not verified by us and inclusion of any link does not imply endorsement by CMC and usage/ access of/ to any such linked website is at the user's own risk. The Website may from time to time run promotions and advertisements of third parties, products and/or services. Your relationships and business dealings with any such third parties shall be solely matters between you and such third parties.
You acknowledge and agree that we are not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings with such third parties.
AVAILABILITY OF SITE:
You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, maintenance, repairs or upgrades, or factors beyond our reasonable control (including, but not limited to, equipment failure, network issues, other failures or unforeseeable disruptions). You acknowledge and agree that we assume no liability to you or any other party with regard thereto.
TERMS OF WEBSITE USE:
The following guidelines are to be adhered while making use of the Website:
Users shall not insult, abuse, harass, stalk, threaten or otherwise infringe the rights of others;
User shall not publish, post, distribute or disseminate any defamatory, infringing, indecent, offensive or unlawful material or information;
User shall not upload, install, transfer files that are protected by intellectual property laws or software which affect other computers.
User are strictly prohibited from edit HTML source code, reverse engineer, or attempt to hack the Website.
User shall not run spam services/scripts or anything which could affect infrastructure, and in turn, users.
User shall not communicate spam, advertise or sell services such as digital downloads, e-books or phishing links.
User may not copy, distribute and indulge in plagiarism with website content or contributor content.
TERMS TO AVAIL OUR SERVICES:
The User represents and warrants that they possess valid and legally acquired licenses for all necessary operating systems, Microsoft products, including Microsoft Excel and the underlying Microsoft 365 or Office suite, as required for the proper and lawful operation and use of the services provided ('Our Services'). The User acknowledges that Our Services are designed to function within the parameters of legitimately licensed software and are not intended to circumvent or bypass any technological protection measures or license restrictions of Microsoft Corporation or any other third-party software provider. The User agrees to comply fully with the Microsoft Software License Terms and any related agreements. We shall have no liability or responsibility for the User's failure to obtain or maintain appropriate software licenses, nor for any damages or legal consequences arising from the User's non-compliance with applicable licensing laws and terms.
The User acknowledges and understands that the use of VBA (Visual Basic for Applications) macros inherently involves certain security considerations and potential vulnerabilities. The User is aware that, by default, Microsoft Office applications often disable macros to protect users from malicious code (malware), and enabling macros can pose a security risk if files from untrusted sources are used.
The User is solely responsible for configuring and managing their own macro security settings within Microsoft Excel and their operating system in accordance with their own security policies and risk tolerance.
The User hereby assumes all risks associated with enabling and using VBA macros to access Our Services, including but not limited to, the risk of data loss, security breaches, or system damage. We disclaim any and all liability for any harm or damages resulting from the User's security settings, or any malicious code that may be transmitted via the User's environment.
We will under no circumstance be liable for indirect, special, direct, incidental or consequential damages including without limitation any loss of business, revenue, profits, or data in relation to or arising out of or in any way connected with the access, use or performance of the services, functions and features or for interruptions, delay, etc.
We shall develop custom VBA code as per the specifications or descriptions provided by clients through mails, electronic files, screen recordings or meeting recordings. The Code's functionality will be tested by the Client to confirm adherence to requirements. The underlying VBA code will be password-protected and inaccessible to the Client.
A temporary, time-limited version of the Code will be provided to the Client for testing purposes. This temporary version will cease to function after a specified period (3 to 5 working days) from the date of delivery. Client acceptance of the Code's functionality, based on testing of the temporary version, is required before the final version is released.
The final, fully functional version of the Code will be delivered to the Client only upon receipt of full payment as per the agreed-upon quotation.
Upon receipt of the final Code, the Client assumes full responsibility for saving, backing up, and maintaining the Code for long-term use. We shall not be liable for the loss or inability to retrieve the Code in the future, nor for providing replacement copies after the final delivery.
All intellectual property rights in the Code, including but not limited to the underlying VBA code, remain with the us. The Client is granted a non-exclusive, non-transferable license to use the Code solely for its internal business operations.
Our liability for any defects or errors in the Code shall be limited to the amount paid by the Client for the development of the Code. We shall not be liable for any indirect, incidental, special, or consequential damages arising from the use or inability to use the Code.
SEVERANCE:
If any provision of these T&C is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the T&C will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
WAIVER:
Any failure on the part of CMC to require performance of any provision of these T&C shall not affect its right to the full performance thereof at any time thereafter, and any waiver by the CMC of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.
VALIDITY:
These T&C shall apply throughout your usage and access of our Websites and products or services and shall remain valid and binding at all times during your usage of the Websites and products or services.
GOVERNING LAW AND JURISDICTION:
These T&C (and by extension, the Privacy Policy) are governed and construed in accordance with the laws of India. By using our websites/products/services, you hereby irrevocably consent to the exclusive jurisdiction of the competent Courts at Bengaluru, India, in the event of any disputes arising out of or in relation to your access to and use of the our websites/products/Services.
NO REFUND AND NO CANCELLATION POLICY:
By accepting our quotation and providing your confirmation to proceed with the services or job, you enter into a binding agreement. You agree that this constitutes your formal acceptance and confirmation for us to commence work.
Once work has commenced following your acceptance of our quotation, you shall have no right to cancel the order for services or products.
Customers are typically requested to make payments only after services have been tested and confirmed. Once payment is made, the amount is non-refundable under any circumstances.
All payments are final. We do not offer refunds or exchanges on services or products after payment has been processed.
By accepting our quotation, you acknowledge that you have read, understood, and agree to be bound by these terms, including the 'No Cancellation' and 'No Refund' policies.
PAYMENT TERMS:
We accept payments exclusively through electronic funds transfer (EFT) modes, specifically National Electronic Funds Transfer (NEFT), Immediate Payment Service (IMPS), or Unified Payments Interface (UPI). Cash payments are not accepted under any circumstances. We reserve the right to modify the list of accepted payment methods at our sole discretion.
Upon the client's testing and confirmation of services rendered, an official invoice will be issued. The client is obligated to remit full payment immediately upon receipt of the invoice ("Payment Due on Receipt" or "Payable Upon Receipt"). Invoices will be transmitted via our preferred electronic methods, including but not limited to email or instant messaging platforms (e.g., WhatsApp).
We are not responsible for payments made against invoices or payment requests not officially submitted through its designated electronic communication channels.
The client bears sole responsibility for verifying the recipient bank account details or UPI ID before initiating any payment. CMC shall not be liable for losses or damages resulting from payments made to an incorrect or unintended recipient.
To ensure accurate and timely reconciliation of payments, the client is required to reference the unique invoice number in the payment remarks or transaction description field. Failure to include the correct invoice number may result in processing delays.
ACCESSABILITIES:
For the sake of accessibility, 'Terms and conditions' is being made available on website footer.
You are encouraged to read this terms and conditions from time to time to keep yourself updated with the changes & updates that are made to this Policy.
CONTACT:
If you have any questions or concerns regarding these Terms, please contact us at customercare@clickmycode.com