This agreement is written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.
ARBITRATION NOTICE: BY ACCESSING OR USING THE SERVICES YOU AGREE THAT DISPUTES BETWEEN YOU AND OneAD WILL BE RESOLVED BY BINDING, SOLE ARBITRATION TO THE TERMS AS SPECIFIED IN RESPECTIVE CLAUSE IN THIS INSTANT AGREEMENT AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, INITIATION OF ANY CIVIL AND/OR CRIMINAL PROCEEDINGS AGAINST OneAD AND/OR ITS DIRECTORS/ EMPLOYEES/ ASSOCIATES AND ANY SUCH ACTION IF INITIATED BY THE YOU I.E. THE USER WOULD BE VOID-AB-INITIO.
OneAD is a self-help tool in the form of mobile application.
Whereas it is clarified that the term
DISCLAMER- That OneAD do not charge even a single rupee from any of its user of OneAD application as such do not have any commercial contractual understanding with any of its user and the use of OneAD application by the user is the exclusive choice of the uses considering his own interest and benefit, it is therefore, during the validity of use of OneAD application and any time thereafter, OneAD shall not be under legal mandate to pay any money to any of the user of OneAD and the user of OneAD application, at all times, shall be free to opt out/uninstall the OneAD application.
TERMS OF AGREEMENT/USE-
OneAD is offering its users this application for their own personal use only, but users should be aware that they are not allowed to copy, or modify the application or any part thereof, or our trademarks in any way. Users are not allowed to attempt to extract the source code of the application, and the user should not try to translate the application into other languages or make derivative versions. The application itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, exclusively belong to us.
Notwithstanding anything stated in this agreement or any other document, FAQ and/or content of the website of OneAD, OneAD shall be having sole and absolute discretion to permit the registration/re-registration of any user and the membership with OneAD application can never be claimed as a matter of right irrespective of the meeting of pre-requisites by any one.
You agree that you attained the majority under Indian Contract Act and accordingly capable of entering into this agreement and to use the Service. You agree that the services associated to OneAD mobile application are available only to and can only be used by, an individual who can form legally binding contracts under the applicable laws of India. The term individual shall not include individuals such as Company, partnership, trusts, Business entities, clubs, associations, NGO, organizations, governing bodies or other all fictitious legal creations. You agree that at any time if you disqualify as to the use of service under this agreement, you will immediately stop using OneAD application and other services associated with the same.
You agree that you have read the terms of this agreement in full and have carefully evaluated the terms as specified in this agreement and understood the expose/rights/benefits and you are capable to enter into this agreement including the fact that the OneAD mobile application shall be reviewing all your information and shall be occupying substantial space in your mobile device and are not being prevented by any of the stipulation/arrangement prohibiting your entering into this instant agreement.
That you shall not post/chat (including data/voice call) violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized by OneAD to create accounts on your behalf, OneAD prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to OneAD upon registration and at all other times including the information that has been tracked with the help of software, associated with the use of your mobile device by you only, will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. You agree that If you provide any information that is untrue, inaccurate, not current or incomplete, or OneAD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OneAD has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You agree that you will not solicit, collect or use the login credentials of other OneAD users. You further agree that you, at all times during the installation/use of OneAD application shall keep the necessary space in your mobile available.
You are responsible for keeping your password secret and you are not induced by any of the associate of OneAD to purchase the mobile phone and you shall also not do the same accordingly with any of the third party.
You shall not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and the employees/directors/
You shall not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content, including but not limited to, copyright laws.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service, upon the said option being given
You shall not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or OneAD.
You agree that OneAD as an organisation through the services provided by OneAD including its mobile application, is not any speculative and/or any money making schemes and does in no way provide any assurance of attaining any short/quick money/gain. It is worth to mention that OneAD does not incentivise the users for clicking and viewing the ads displayed on the mobile device. It is clarified and accordingly agreed by you that the cashback through the OneAD account is not based upon the clicks on the advertisement and accordingly the user of OneAD account is not required to click on all or any of the advertisement and the user is free to opt to choose/see the advertisement based upon his/her needs and preferences.
You shall not unauthorizedly access OneAD's private software/servers/host computers and other computer, computer system, computer network and shall in no way adversely affect the functioning of the OneAD application and other services. You shall not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You shall not inject content or code or otherwise alter or interfere with the way any OneAD page is rendered or displayed in a user"s mobile application or device.
You shall not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any OneAD users.
You shall not use domain names or web URLs of OneAD, in your username without prior written consent from OneAD and also shall not use/apply the name OneAD as your domain and/or URL.
You shall not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. Notwithstanding anything stated in this agreement, it is clarified that the application OneAD is being developed and made available, only for genuine users, who wish to be benefited. Accordingly one person/user shall not be permitted to get himself registered with more than one registration. That in case any person was found getting himself registered with OneAD under various names/identities or was found obtaining several registrations, whether or not under different names but was found managing all the said accounts, OneAD shall be having sole and exclusive right to terminate all such accounts and the network created through the said account. Further in case of the instance as specified in this para, without prejudice to the other rights of OneAD, it shall be having all other rights to initiate legal action against such person for prosecution and to recovery of the money paid and also to forfeit the entire OneAD balance available in all such accounts.
That it is felt in the interest of the account holder/user of OneAD account that he should have the required information about the participants at one level below to him and one level up to him in the entire network of people developed by the people for their interest, it is therefore, you by accepting to become the holder of OneAD account apart from accepting the terms of this agreement also do hereby give your unconditional and unequivocal acceptance of sharing your details with the persons one level up to you and one level below to you and you know and agree that you may be contacted by all those persons and also contact them only for the purposes of your gain via OneAD and for no other purpose.
You/user agree and aware that there are certain things that OneAD will not take responsibility for, for the application not working at full functionality if users do not have access to Wi-Fi or mobile data, and users do not have any active internet connection and no mobile data left and the benefits to use the services are limited till the activation of your OneAD account and the termination of OneAD account for any reason, whatsoever, will disentitle you for any benefit associated with the use of OneAD account.
Users may be charged by their mobile service provider, for the cost of data for the duration of the connection, while accessing the application, or other third party charges. While using the application, users accept responsibility and liability for any such charges, including roaming data charges if users use the application outside of their home territory (i.e. region or country) without turning off data roaming. If users are using a prepaid mobile connection for the device on which they are using the application, they accept liability for data spends while accessing the application. It is unconditionally and unequivocally agreed by the user that the user has been using the services of OneAD application for its benefit and after careful consideration of the benefits and exposure attached to the same and it is therefore for the use of mobile data and for the payment by user to his/her service provider, OneAD shall in no way be responsible and no claim citing the expenses towards mobile data, shall ever be raised by the user against OneAD and/or any of its directors/employees. The user further agree and undertake that it shall, during the terms of its association with OneAD mobile application, periodically review the use of mobile data and/or payment for the said use and the continuance with OneAD application by the user shall be termed/presumed the consent by the user for the incurring of such expenses, without any assurance of any return by OneAD in money terms.
OneAD application is currently available on Android Play Store and may be available on other mobile platforms in future. OneAD may update the application at any point of time, and as a result thereof, the requirements for systems (and for any additional systems OneAD may decide to extend the availability of the application to) may change, and users shall need to download the updates, if you/user want to keep using the application. OneAD does not promise that it will always update the application so that it works with the Android version that users have installed on their device. However, you/users during the term of your use of the OneAD service including mobile application, shall always accept updates to the application as and when available to download and agree and understand that if the you/user do not download the updates, you may not be able to access the application or receive the offers and services provided by OneAD.
OneAD shall under its sole discretion and under no legal mandate whatsoever, shall be free to stop providing its offers/services through the application and may terminate use of it at any point of time without giving prior notice of termination. Unless OneAD tells you otherwise, upon the termination of your account because of any reason whatsoever (you agree that the reason for termination of OneAD account shall not be open to challenge, as this being gracious service and no money is being charged from you the user) (a) the rights and benefits granted to you in these terms shall automatically end; (b) you must stop using the application, and (if needed and/or directed by OneAD accordingly) delete it from your device. It is further agreed by you that in case of breach on your part in adherence of the instructions from the side of OneAD, OneAD shall be free to take any action be that it be legal or otherwise including the blocking of your mobile device and/or escalation of the same to any authority.
OneAD may contain links to other mobile applications or websites operated by third parties, and OneAD may monetize some of these links. Notwithstanding such advertisement programs, OneAD does not have any influence or control over any such Third Party mobile applications or websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents displayed thereon. You understand that, as OneAD is acting merely a facilitator, bridging the gap between the seller and the buyer, at no consideration from the buyer, by using and accessing this application, you may encounter content that may be deemed offensive, indecent, or objectionable and you agree to use the Services at your sole risk and that OneAD shall not have any liability to you for such content that may be found to be offensive, indecent, or objectionable.
You unconditionally and unequivocally agree that if you/user uninstalls the OneAD application and it remains uninstalled for 15 calendar days OR in case of 15 days of inactivity, in other words, if you/user do not use or access mobile phone for at least once in 15 days then the you/user will be considered inactive and all cashback amount accumulated under OneAD Balance shall automatically expire. You further agree and understand that this instant clause is substantial to the operation and functioning of this OneAD application as such, in case of failure/gap on your part in remaining deactivate for a term equal to and/or more than 15 days, you shall be having no right to claim the said status thereafter and all such claims from your side shall be void ab-initio, being contrary to basic understanding.
You hereby agree that OneAD shall place advertising and promotions at your mobile device, to assist you in your shopping activities and preferences, which may or may not be based upon your data/personal information/ habits and other online preferences. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
The Service contains content owned or licensed by OneAD ("OneAD Content"). OneAD Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and OneAD, OneAD owns and retains all rights in the OneAD Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the OneAD Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the OneAD Content.
The OneAD name and logo are trademarks of OneAD, and may not be copied, imitated or used, in whole or in part, without the prior written permission of OneAD. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of OneAD, and may not be copied, imitated or used, in whole or in part, without prior written permission from OneAD.
Although it is OneAD intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, OneAD reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by OneAD, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. OneAD will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
The plans for using OneAD application shall be based/changed solely decided by the OneAD management. Further all benefits, if released by OneAD to the users of the OneAD mobile application, shall be subject to Income Tax Laws of India and appropriate tax shall be deducted.
That OneAD shall at all times be well within its right to amend the reward plans and the user shall not be having any right to dispute the same and/or claim on the basis of any prior plan.
That you vide agreeing to the terms of this agreement agree that you will not risk your income/resources/assets in furtherance of use of the OneAD mobile application and/or any other services provided by OneAD.
OneAD assumes no responsibility and shall incur no liability if it is unable to affect any Payment Instruction(s) on the Payment Date owing to any one or more of the following circumstances: (a) If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, invalid and delayed.(b) If the Payment Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s). (c) If the funds available in the Payment Account are under any encumbrance or charge. (d) If your Bank or the NCC refuses or delays honouring the Payment Instruction(s). (e) Circumstances beyond the control of OneAD (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force). (f)In case the payment is not effected for any reason, you will be intimated about the failed payment.Your reports or previous day may be incomplete before 23:59 hrs GMT of next days which may depend on network connectivity of mobile to server. The transactions will be finalized after they are verified, at the end of every month. Your transaction history will be reflected under My Balance section. Please note that in some cases, estimated transactions will be updated after 72 hours of the ad being served.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY of OneAD TO YOU/USER FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU to OneAD, IF ANY, FOR USING THE PORTION OF THE SERVICES OR THE SITE GIVING RISE TO THE CAUSE OF ACTION OR ONE THOUSAND RUPEES (RS.1000), WHICHEVER IS LESSER.
OneAD does not warrant that the Application will be compatible or interoperable with the user mobile device or any other piece of hardware, software, equipment or device installed on or used in connection with your mobile device. Furthermore, you/user acknowledge that compatibility and interoperability problems can cause the performance of your mobile device to diminish or fail completely, and may result in permanent the damage to your mobile device, loss of the data located or stored on your mobile device, and corruption of the software and files located on your mobile device.
You acknowledge and agree that OneAD and its Directors, affiliates, partners, and employees shall have no liability to you for any losses suffered resulting from or arising out in connection with compatibility or interoperability problems related to accessing the application.
You hereby release OneAD its officers, directors, agents, and employees of all and any kind of claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising out of installation and/or use of this application or accessing any third party link of mobile application or websites provided by OneAD. YOU TAKE AND ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE APPLICATION. THE APPLICATION IS AVAILABLE "AS IS," AND "AS AVAILABLE". YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO OneAD APPLICATION, LINK OF THIRD PARTY MOBILE APPLICATION AND WEBSITES PROVIDED THROUGH THE APPLICATION, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. OneAD DOES NOT WARRANT USE OF OneAD APPLICATION, LINK OF THIRD PARTY MOBILE APPLICATION AND WEBSITES PROVIDED THROUGH THIS APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. OneAD DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE APPLICATION OR LINK OF THIRD PARTY MOBILE APPLICATION AND WEBSITES. OneAD ASSUME NO DUTY TO UPDATE OR MODIFY THE APPLICATION AND OneAD IS NOT LIABLE FOR ANY FAILURE, OF ANY NATURE WHATSOEVER, TO DO SO AND/OR DURING THE FUNCTIONING/OPERATION OF OneAD APPLICATION. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE LAW (WHETHER TORT, CONTRACT OR OTHERWISE), OneAD OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, SHALL BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE APPLICATION THE USE OF THE APPLICATION OR THIS AGREEMENT WITH YOU CONCERNING THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION OF DEVICE, EVEN IF OneAD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF OneAD, ITS DIRECTORS/EMPLOYEES/ASSOCIATES ARE HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT OneAD WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF INR ONE THOUSAND ONLY (INR 1,000/-). HOWEVER, YOU SHALL BE LIABLE TO THE FULLEST EXTENT AVAILABLE IN LAW FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE ILLEGAL AND UNAUTHORISED USE OF THE APPLICATION AND, WE SHALL REMAIN ENTITLED TO THE MAKE MAXIMUM CLAIM AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.
Without prejudice to the rights under these Terms and Conditions, if you/user breach these terms and conditions in any manner, OneAD may take such action as deems appropriate to deal with such breach, by suspending your access to the application, prohibiting you from accessing our website, blocking your device using your device ID, IP address from accessing the application or website, contacting your service provider to request that they block your access to the application or website and/or take any legal action against you.
You/User agree and acknowledge that while using or accessing OneAD application, and thereafter, you/user shall maintain confidentiality, and shall not disclose to any third party, the following: Any information concerning OneADs present or former customers, including their names and identities, locations and addresses, their employees and representatives, business practices, as well as the information sought to be gathered, and actually gathered, in connection with the services provided by OneAD to its customers; Any and all information concerning OneADs employees and representatives, as well as any information designated orally or in writing as confidential by OneAD regarding OneAD's sales methods, plans, and records, OneAD's collections on behalf of its customers, all written communications, training and marketing materials, and all other like documents not disseminated to the general public, including computer programs and printouts, as well as any other confidential information regarded by OneAD as a trade secret or otherwise protected from disclosure under applicable law and disclosure of any such confidential information by the User without consent of OneAD shall be treated as a breach of the terms of the agreement. The user may, in accordance with the foregoing, use such information solely as necessary in user"s work for OneAD.
You/user understand and agree that any breach or threatened breach by User of the non-competition and non-disclosure provisions contained in this Agreement will cause OneAD substantial, irreparable harm which is difficult to measure and that OneAD, therefore, may obtain an injunction against such conduct and User consents thereto. This right is in addition to any other rights OneAD may have against User for breach of this Agreement. Therefore, whenever OneAD may apply for the restraining order or injunction against User for breaching or threatening to breach this Agreement as described above, User waives any notice to which User may be entitled and consents to such restraining order or injunction. In the event of any breach of this Agreement by User, User agrees to pay OneAD all losses and damages sustained as a result thereof, as well as court costs, attorney fees, and related expenses.
You agree and understand that either party to this agreement may, at any time, terminate this Agreement for any reason or for no reason at all. However, each party shall continue to comply with any and all obligations of this Agreement that are intended to survive its termination or expiration. User understands that in the event of termination or expiration, User will not receive the OneAD account balance as shown in his/her account. OneAD and User shall deal with each other fairly and in good faith relative to this Agreement. OneAD may terminate User accounts without prior notice if any suspicious activity is found which come is the way of natural or intended functioning of OneAD. OneAD shall choose to terminate account(s) of any user(s) if found to be involved in promoting referral links on any public property along with communication that is spam or misleading in any manner. Termination of user accounts will be at sole discretion of OneAD.
NOTWITHSTANDING anything stated in this agreement, you agree that OneAD shall be free and well within its rights to terminate/close the operation of OneAD mobile application and/or all the applications/services provided by OneAD.
NOTWITHSTANDING anything stated in this agreement that you agree and confirm that you shall never be indulging, whether directly or otherwise, in any anti-OneAD activity which includes, promotion of your own goods at the OneAD platform, defaming OneAD and its activities. You agree and confirm that in case you initiate and/or participate and/or continue with any anti-company/OneAD activity (for adjudication of the same the company/OneAD shall be final and binding authority), OneAD shall be having all rights against you including right to suspend your OneAD account and/or terminate the OneAD account and/or this instant agreement and shall be forfeiting all money as due in the OneAD account of the delinquent user.
It is agreed by the user that If OneAD fail, at any time, to insist upon strict performance of any of user obligations under any of these terms and conditions, or if OneAD fail to exercise any of the rights or remedies to which OneAD is entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you/user from compliance with such obligations. A waiver by OneAD of any default shall not constitute a waiver of any subsequent default. No waiver on the part of OneAD of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you/user in writing in accordance with these terms and conditions.
If any provision of the Terms and Conditions of this agreement is determined by any court or other competent authority in India or otherwise to be unlawful and/or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be deemed not to form part of this agreement, but the legality and enforceability of the remainder of this agreement shall not be affected.
In the event of any dispute arises out of or in connection with the installation/use of mobile application, validity, interpretation or implementation of this agreement, the Parties shall attempt in the first instance to resolve such dispute through online escalation matrix/ exchange of emails. If the dispute is not resolved in this manner then within 30 days from the date of failure of such discussion one party shall inform other party through a notice for referring the dispute to arbitration in accordance with The Arbitration and Conciliation Act, 1996 (as amended from time to time). The venue for the arbitration proceedings shall be at New Delhi, India or any other mutually agreeable place. The arbitration panel shall consist of sole arbitrator as appointed by OneAD. The cost of arbitration shall be shared equally by both the Parties. The award shall be enforceable in any court having jurisdiction, subject to the applicable Laws.
These terms and conditions shall be governed by and construed in accordance with the rules, regulation, and laws of India and any disputes relating thereto shall be subject to the only and exclusive jurisdiction of the courts of New Delhi.
ENTIRE AGREEMENT- These Terms and Conditions as set out herein, constitute the entire user agreement between OneAD and a user, in relation to use of the application, and supersede all previous agreements in respect of use thereof.
FORCE MAJEURE - If any of the OneAD's performance or any of its obligations hereunder is prevented, restricted or interfered with by reason of fire or other casualty of accident, strike or labour disputes, war or other violence, any law or regulation of any Government, act of god or other occurrences beyond the control of OneAD affected and could not reasonably have avoided or overcome it or its consequences, (each such occurrence being hereinafter referred to as Force Majeure) then OneAD shall be excused from such performance.
That OneAD acknowledge that, in entering into this instant agreement (and the documents referred to in it), neither of the parties relied on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions. Further each of the party agrees that the only rights and remedies available to the parties to this agreement arising out of or in connection with any Representation and Warrantee shall be for breach of agreement as provided in these terms and conditions.
That in view of the terms of this agreement, you have out of your own free will, unconditionally agreed to share your sensitive personal data/information including confidential information and accordingly permitted OneAD to take your sensitive personal data/information including confidential information. You further agree and confirm that sharing the sensitive personal data/information including confidential information with OneAD is an option of which you have wilfully availed and you are aware that you shall be having the right to withdraw your consent vide opting the termination of OneAD account. You further agree and confirm that your consenting to the terms of this agreement shall be termed as your consent to share your sensitive personal data/information including confidential information in terms of rule 5 of Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011 as amended upto date and you shall waive all your right to dispute the said consent.