Terms and Conditions
This document is an electronic record as per provisions of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and Regulations, Privacy Policy and Terms of Use for access or usage of www.onyxnet.com website.

This Website on domain name, www.onyxnet.com, (hereinafter referred to as "Website") is owned by Onyxnet Private Limited a company incorporated under the Companies Act, 1956 with its registered office at Onyxnet Private Limited, Road No. 3, Vivekananda Nagar colony, Andhra Pradesh - 500068, India, (hereinafter referred to as "Onyxnet").

Your use of the Website and services and tools available through this Website are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact with us through the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Onyxnet Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Onyxnet.

For the purpose of these Terms of Use, wherever the context so requires 'You' or "User" or "Buyer" shall mean any natural or legal person who has agreed to become an Advertiser or Publisher of the Website by providing Login and Account Information while registering on the Website as Registered User using the computer systems. Onyxnet allows such Registered User to avail services available. The term "we", "us", "our" shall mean Onyxnet Private Limited.

When You use any of the services provided by us through the Website, including but not limited to, ad packages, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCEPTANCE OF TERMS
  1. By mere accessing, browsing or otherwise using the site, You agree to all the terms and conditions under these terms of use, so please read the terms of use carefully before proceeding. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the Onyxnet Privacy Policy available at www.onyxnet.com/privacy-policy.html
  2. In the event of any ambiguity between this document and the Service Level Agreement, User Agreement for specific transactions, the terms of the Service Level Agreement shall prevail.
DESCRIPTION OF ONYXNET SERVICES
Onyxnet is a digital media advertising agency and provides a web-based platform to its users to advertise on various kinds of digital display media devices including but not limited to Kiosks, Plasma Panels, LCD/LED/CRT Televisions, Laptops, Mobile, etc. Onyxnet Website provides users with access to a rich collection of resources, including with limitation, various communications tools, personalized content and branded programming through its Server. You also understand and agree that the Onyxnet Website may include certain important communications from Onyxnet, such as service announcements, administrative messages and Newsletters, and that these important communications are considered part of Your membership with Onyxnet and You will not be able to opt out of receiving them. You understand and agree that the Onyxnet Services is provided to You "AS-IS" and that Onyxnet takes no responsibility for the timeliness, delay, deletion, nondelivery, misdelivery or failure or such other event to store any user communications or personalization settings. You are responsible for obtaining access to the Onyxnet Services and that access may involve third-party fees. You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, You must provide and are responsible for all equipment necessary to access the Onyxnet Services.
REGISTRATION AND ACCOUNT OBLIGATIONS
  1. Services available through this Website or use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents etc. are not eligible to use the Website. If You are a minor, i.e., under the age of 18 years, You shall not register as a member of the Onyxnet and shall not transact or use website. Onyxnet reserves the right to terminate Your membership and / or refuse to provide You with access to the Website if it is brought to Onyxnet’s notice or if it is discovered that You are under the age of 18 years.
  2. Advertiser / Publisher entity registration: If You are registering as an Advertiser or Publisher, You represent that You are duly authorized as an Advertiser to advertise products or as a Publisher to publish advertisement by the business entity to accept these Terms of Use and You have the authority to bind that business entity to these Terms of Use.
COMMUNICATIONS
When You use the Website or send emails or other data, information or communication to Company, You agree and understand that You are communicating with Company through electronic records and You consent to receive communications via electronic records from the Company periodically and as and when required. Company may communicate with You by email or by such other mode of communication, electronic or otherwise, and You represent and warrant that all information provided by You is true and accurate and there is no misrepresentation of facts.
ONYXNET PRIVACYPOLICY
Account Information and certain other information about You are subject to our applicable privacy policy. For more information, refer our Onyxnet Privacy Policy at http://www.onyxnet.com/privacy-policy.html You understand that through Your use of the services offered by Onyxnet, You consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information within our services and to any other location Onyxnet may see fit for storage, processing and use by Onyxnet and its affiliates.
MEMBER ACCOUNT, PASSWORD AND SECURITY
After completing the registration process by providing Login and Account Information along with other details You may be asked for, Onyxnet through its web-based platform will issue You with a password and account designation. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify Onyxnet of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Onyxnet cannot and will not be liable for any loss or damage arising from Your failure to comply as provided in this clause.
DISCLAIMER
  1. The information contained in this website is for general information purposes only. The information is provided by Onyxnet and while sincere efforts are made to keep the information updated and correct, Onyxnet makes 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.
  2. 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.
  3. Through this website You are able to link to other websites which are not under the control of Onyxnet. 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.
  4. Every effort is made to keep the website up and running smoothly. However, People Group takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
TERMS OF USE
  1. By continuing to browse, read the website contents and use this website, You are thereby agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern Onyxnet's relationship with You in relation to this website. If You disagree with any part of these terms and conditions, You must not use this website.
  2. The term ' Onyxnet' or "The Company" or 'us' or 'we' refers to the owner(s) of the website whose registered office is at Onyxnet, Road no. 3, Vivekananda Nagar colony, Andhra Pradesh 500068, India.
  3. The term 'You' refers to the user who may be an Advertiser or Publisher or viewer of our website. The use of this website is subject to the following terms of use:
    1. The content of the pages of this website is for Your general information and use only. It is subject to change without notice.
    2. Neither we nor any third parties associated or affiliated or related or nonrelated to Onyxnet provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. We acknowledge that such information and material may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
    3. Your use of any information or materials on this website is entirely at Your own risk, for which we shall not be held liable. It shall be Your own responsibility to ensure that any services or information available through this website meet Your specific requirements.
    4. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
    5. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
    6. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
    7. From time to time this website may also include links to other websites. These links are provided for Your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
    8. Your use of this website and any dispute arising out of such use of the website is subject to the laws of India.
    9. The data entered by You is open for discrete use by this website.
PAYMENT
  1. All Advertisers at the time of registration are required to provide Onxynet with financial information which includes but not limited to Credit Card, etc. Advertisers opting for payment methods other than credit card may require to pay one-hundred percent (100%) of the cost of the campaign before its activation. Onyxnet reserves the right to set and negotiate specific payment terms on a client-by-client basis. Advertisers and Publishers shall refer their Service Agreement for more information. In case of ambiguity between terms in this document and service agreement or other agreement, condition set out in Clause b) of Paragraph 1 shall apply.
  2. While making Your payment to us through any of the payment method/s available on the Website, 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:
    1. Lack of authorization for any transaction/s, or
    2. Exceeding the preset limit mutually agreed by You and between Your "Bank/s", or
    3. Any payment issues arising out of the transaction, or
    4. Decline of transaction for any other reason/s.
  3. All payments made against the purchases/services on Website by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website, unless prior written approval was obtained by You from Onyxnet.
  4. At any time for security reasons, we may require You to furnish supporting documents including but not limited to Govt. issued ID and address proof to verify the ownership of the payment instrument used by You for Your purchase. This is done in the interest of providing a safe environment to our Users, i.e., Advertisers and Publishers.
  5. 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.
  6. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support 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.
STATUTORY COMPLIANCE
Advertisers and Publishers shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under 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 there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Onyxnet Website.
VIOLATION
  1. Without limiting other remedies, we may limit Your activity, immediately remove Your information, warn other Users of Your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with access to the Website in the event, but not limited to:
    1. If You breach the Terms of Use or Privacy Policy or Agreement or other Policies, if any;
    2. If we are unable to verify or authenticate any information You provide; or
    3. If it is believed that Your actions may cause legal liability for You, other users or us.
  2. We may at any time at our sole discretion reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us. Notwithstanding the foregoing, if You breach the Terms of Use or Privacy Policy or other ruler and policies, we reserves the right to recover any amounts due and owing by You to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.
INDEMNITY
You shall indemnify and hold harmless Onyxnet, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy, Service Agreement and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
JURISDICTION
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Hyderabad, Andhra Pradesh.
SUBMISSION OF YOUR CONTENTS
Onyxnet is not able to guarantee inclusive confidentiality of any questions You might pose, suggestions You give, comments submitted, ideas given, drawings shared, plans formed, original materials offered or other data, You decide to provide via email or other submission process to Onyxnet, and that includes other possible postings to our website. Once submitted, these materials will become property of Onyxnet and You forfeit Your right to afore mentioned materials. Onyxnet can then use those materials for any purpose, without notification or payment. You shall also refrain from uploading any illegal, obscene or legally protected content to our websites and by doing so shall lead to termination of Your account without prior notice in addition to institution of legal suit under suitable provisions of Information Technology Act, 2000.
TRADEMARK AND COPYRIGHT RESTRICTION
Advertisers and Users shall refrain from uploading any contents that are trademarked or copyrighted by any third party. Onyxnet cannot verify the legality or ownership of contents You upload and You are solely responsible for the contents You upload and You shall indemnify Onyxnet from any legal implications arising directly or indirectly out of such act.
TRADEMARK AND COPYRIGHT INFRINGMENT COMPLAINT
Onyxnet respects the intellectual property of others. In case You feel that Your Trademark or Copyrights has been infringed, You can write to Onyxnet at contact@onyxnet.com along with the following:
  1. Whoever has authorization by the owner of the exclusive copyright must include their signature.
  2. Include Your trademark registration number and proof of registered trademark.
  3. Show us the exact content in question.
  4. Include the email address You wish to receive correspondence to, a phone number, and current address.
  5. Include an original statement, explaining what material, in Your opinion, has been copyrighted.
  6. State that the information submitted is accurate, not perjury, and that You have authorization to be making this complaint.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ONYXNET BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:

Onyxnet Private Limited
Road No. 3, Vivekananda Nagar colony,
Hyderabad, Andhra Pradesh - 500068

Email: contact@onyxnet.com
Time: Monday to Friday (10:00 AM to 05:30 PM)