Please read these Terms and Conditions carefully as they govern your use of Wi-Fi services provided by ONEOTT INTERTAINMENT LIMITED (CIN – U74110MH2000PLC129434), (hereinafter referred to as "OIL").
By accessing or using OIL's Wi-Fi service (hereinafter "Service"), you expressly acknowledge that you have read, understood and agree to be bound by these Wi-Fi Terms and Conditions, which may be subject to any change at the sole and absolute discretion of OIL and as may be updated from time to time on OIL's website(s). You do not have the authority to vary, alter or amend any of these Terms & Conditions. You also acknowledge that you shall be solely responsible for all charges incurred by you, if any, while using this Service. You have represented that you have availed the mobile number in your name by submitting valid documents to your telecom service provider.
By accessing this Service, you warrant and represent to OIL that your use of the Service is legal. By providing your personal details to OIL you are consenting to its use in accordance with OIL's extant policy(ies). OIL reserves the right to verify the information, provided by you, to use the same at its discretion and shall have the right to grant or refuse the Service to the Subscriber.
These Wi-Fi Terms & Conditions are to be read with the terms of any Wi-Fi pack/plan and any other terms and conditions you agreed to in connection with your OIL account. In the event of a direct inconsistency, except as otherwise expressly stated, these Wi-Fi Terms & Conditions will prevail.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures.
For the purposes of these Terms & Conditions: -
"OIL"/ "We"/ "Us"/ "Our" shall mean the Company registered under the Companies Act,1956 having its administrative office at In Centre, 49/50 MIDC,12th Road, Andheri (East), Mumbai – 400 093, which is engaged in the provision of internet, broadband, bandwidth and other related services. This expression shall include OIL's successor and permitted assignees.
"Bandwidth" means the amount of information that can be carried in a given period.
"Equipment" / "Infrastructure" / "Resources" means such hardware/software components and assemblies that are required to enable the Service to the Subscriber including but not limited to servers, cable, modems, Ethernet cards, splitters, coaxial/other cables, software stacks, distribution routers etc.
"Internet" means the global data network comprising interconnected networks using TCP/IP ("Transmission Control Protocol/Internet Protocol").
"Information" means the visual, textual or other information published or otherwise made available to the Subscribers (directly or indirectly) on the Internet using the services provided by OIL.
"Service" / "Wi-Fi Service" means the wireless local area network broadband and related services provided by OIL, whereby the Subscriber can access the Internet from designated public Wi-Fi access points / hotspots and receive data through compatible Wi-Fi enabled devices.
"Subscriber" / "User" / "You/Your" means any person as defined under General Clauses Act 1899 who is accessing or availing OIL's Service and includes any person acting for and on behalf of the Subscriber.
"Third Party Content" means any and all information, software and other content provided by any independent third party that can be accessed through the Service.
About OIL's Wi-Fi Service
OIL's Wi-Fi Service allows the Subscriber to access the internet and receive data through a compatible wi-fi enabled device subject to Wi-Fi network availability. The Service is available in selected locations and OIL may add or remove locations from time to time.
The Service being offered under these Terms and Conditions are being provided as per OIL's License Agreement with the Department of Telecommunications, Ministry of Communication. The Subscriber acknowledges and understands that OIL for the operation of it Service is subject to the terms and conditions of the License Agreement with the Department of Telecommunications, Ministry of Communication and extant laws and regulations, as may be intimated by the DOT to OIL from time to time. The Subscriber clearly understand that the Services may be terminated and/or suspended under directions from the Government of India and the competent authority under no liability of any nature whatsoever against OIL.
The Subscriber further understands that once he/she has exhausted the Wi-Fi pack/plan data allowance and/or validity period, the Service will no longer be available to such Subscriber. The responsibility to monitor usage and pay additional charges, if any, is of the Subscriber. OIL also reserves the right to restrict or prohibit usage above the pack/plan allowance.
The subscriber is required to ensure that objectionable or obscene message or communications, which are inconsistent with the established laws of India, are not generated/sent by the Subscriber. Subscriber understands and agrees that the internet contains material, some of which sexually explicit or pornographic that may be offensive to some people and access to such material will be at Subscriber's own risk. The Subscriber shall be solely and completely responsible for any such act which may be in violation of the Information Technology Act, the Copyright Act or any other applicable Law/s, Act/s extant laws. The Subscriber shall perpetually indemnity OIL in this regard.
The Subscriber undertakes and guarantees to not use the Service or allow the Service to be used in any manner or for any purpose which is illegal and/or unacceptable. Representative examples of illegal and/or unacceptable uses are detailed below. This list is not comprehensive or exhaustive.
Examples of Illegal Uses
Using the Service in violation of applicable law and regulation, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services.
Spamming and invasion of privacy - Sending of unsolicited bulk and/or commercial messages over the Internet using the Service or using the Service for activities that invade another's privacy.
Intellectual property right violations - Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.
Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate/circumvent security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.
The transfer of technology, software, or other materials in violation of applicable export control laws and regulations.
Sending any threatening, malicious, obscene, derogatory, defamatory or untoward messages, remarks, comments or communication whatsoever.
Transmitting / distributing any pornographic material or material that could give rise to civil or criminal proceedings or a link to such material.
Using the Service in any other manner not permissible under law.
Examples of Unacceptable Uses
Using the Service to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another
High bandwidth operations, such as large file transfers and media sharing with peer-to-peer programs (i.e. torrents)
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Facilitating a violation of these Wi-Fi Terms and Conditions
Distribution of internet viruses, trojan horses, or other destructive activities or distributing information regarding the creation of and sending internet viruses, worms, trojan horses, pinging, flooding, mail-bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the node or any connected network, system, service, or equipment.
Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate these Wi-Fi Terms and Conditions, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software.
The sale, transfer, or rental of the Service to customers, clients or other third parties, either directly or as part of a service or product created for resale.
Seeking information on passwords or data belonging to another user. Making unauthorized copies of proprietary software, or offering unauthorized copies of proprietary software to others.
Making unauthorized copies of proprietary software or offering unauthorized copies of proprietary software to others.
OIL does not regularly monitor the use of the Service by a Subscriber like postings etc. to a website but reserves the right to monitor, intercept and/or disclose any transmissions etc. while using the Service and to remove any material submitted or posted by the Subscriber in public, without notice, if it becomes aware and determines, in its sole and absolute discretion that such material is illegal or unacceptable. OIL further reserves the right to terminate access to the Service at any time and without notice, particularly if the Subscriber breaches any of these Terms and Conditions.
The Subscriber acknowledges that OIL shall have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, OIL will co-operate with law enforcement agencies in any investigation of alleged illegal activity on the internet through the use of the Service.
Charges for use of Service
Wi-Fi plan/pack offered will be monthly, quarterly, half yearly and annual with prepaid or postpaid billing option. For plan change during the life cycle of prepaid subscribers, amount for remaining period of service will not be adjusted against the new plan subscribed.
Subscriber agrees to pay OIL the activation, subscription and other charges for OIL's Service in terms of the Wi-Fi pack/plan opted by the Subscriber along with the statutory taxes and levies for the time being in force at the time of such payments.
OIL will provide a bill/invoice for the Service at the contracted rate or such rates as are notified at periodic intervals to the Subscriber by electronic means on the subscribers registered email id. OIL will not be responsible for any delay or loss of such bill/invoice in transit. The Subscriber, who has availed post paid Service, in the event of receipt of such bill/invoice, shall appropriately enquire with OIL and pay the due amount on or before the due date. Payment against the aforementioned bill/invoice must be made in full by the due date mentioned in the invoice/bill. Any delay payment by the due date will attract interest @ 2% per month.
OIL reserves the right to withdraw/suspend/terminate the Service partially and/or fully with or without notifying Subscriber in a case of non-payment of invoice/bill by the due date or in case Subscriber's payment instrument is unpaid to OIL for whatever reason by Subscriber's bankers. In case of discontinuation/disconnection of the Service, the charges/fees paid by the Subscriber earlier shall not be refunded under any circumstances. Any unutilized data will not be carried forward or refunded on renewal. It is clarified that there shall be no refund (pro-rata / post – activation or otherwise) made by OIL to the Subscriber for any reason whatsoever.
Reinstatement of the Service will require full payment of the outstanding balance and other charges. It shall be OIL's sole discretion to allow such reinstatement of the Service.
OIL reserves the right, at its sole and absolute discretion and without prejudice to OIL rights, to modify, discontinue or terminate the Wi-Fi Service or to modify these terms, at any time and without prior notice. The Subscriber acknowledges and affirms that by using the Service from time to time, the Subscriber shall be bound by the current version of the relevant terms and conditions as available on OIL's website(s). The Subscriber shall be responsible at all times for reviewing the then current version of the terms and conditions. OIL shall not be liable to the Subscriber or to any third party for any such change or modification.
Accordingly, the Subscriber agrees that OIL shall not be liable in any way for any interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the use of OIL's Service.
The Subscriber must not send or disclose his/her pin and/or password to any other person or store it in a manner that would reasonably allow another person or entity to obtain access to it. OIL shall not be responsible if your password is copied and used for accessing OIL's Service. No amount shall be refunded by OIL due to loss of card or password. The Subscriber must immediately notify OIL if he/she becomes aware that his/her user account details and password are known by a third party or of any unauthorized use of the password. In such event, OIL will take reasonable measures to change the password for you.
For security reasons, the Subscriber may have to re-authenticate himself/herself in certain situations, for instance after a period of inactivity on the connection or when using different hotspots provided by OIL or exhaustion of purchased data limits or any other reason whatsoever. In such a situation, OIL shall not be liable for any loss of information.
The Subscriber acknowledges that OIL will maintain commercially reasonable security measures to secure its Service and the systems in its control that are used to access the Service. However, given the functioning of the internet, OIL does not guarantee the absolute security of its Service and the system used to access and provide the same. OIL will not be liable to either the Subscriber or any other party for any lack of security or any loss, damage and injury that may result from the Subscriber's or any other party's use of the Service.
Disclaimer of Warranties
The Service is provided on an "AS IS and AVAILABLE" basis for decent and lawful purposes without any warranties of any kind. OIL does not guarantee error-free Service or that any information, software or any material accessible through the Service is free of viruses, worms, Trojans, horses or other harmful components. The bandwidth provisioned by OIL is a non-dedicated and shared bandwidth and may vary depending on the upstream feed from the gateway provider, local loop provider and user load on the network/server/systems in accordance with applicable guidelines.
Consequently, the Subscriber shall not hold OIL responsible nor liable in any nature whatsoever for any loss of business or any other expense/s incurred due to occurrence of any such event.
Third Party Content
OIL shall not be responsible for any Third Party Content or representation that is contained or may be available through the Service. External links accessed by the Subscriber through the use of OIL's Services are beyond the control of OIL. OIL has not reviewed all of the sites linked to the internet and does not control, nor is it responsible or liable for, data, content, services, or products (including software) that you access, download, receive or buy via the Service or your acts of commission and omission while using the Service or the use and/or misuse of the Service.
OIL does not check or warrant the accuracy or completeness of the information or the suitability or quality of the products, services etc. of third parties. The Subscriber must make his/her own enquiries with the relevant third party before relying on the third party information or entering into a transaction in relation to the third party products and services etc. supplied through the Service. If the Subscriber chooses to download or use any software, the Subscriber shall be solely responsible for, and shall be deemed to have reviewed the terms and any disclosures, notices or options otherwise made available to the Subscriber for viewing as part of the log-in process for the Service. OIL will not, in any way, be responsible for any transaction that may occur between you and such third parties providing their respective services.
Reproduction or distribution, publication, copying, downloading or exploitation of any Third Party Content by the Subscriber will hold the Subscriber solely and completely liable for infringement of Copyright and /or any other applicable law. This shall survive termination/expiry of this Agreement between OIL and the Subscriber.
Limitation of Liability
OIL shall not be held liable or responsible to the Subscriber in any manner whatsoever, for any delay or failure in providing the Services, in whole or part, if the same is related or connected, directly or indirectly, to any reason that is beyond the control of OIL. For this purpose, a matter beyond the control of OIL shall include, but shall not be limited, to the following:
Delay or disruption in the Service attributable directly to the lines of the gateway services provider.
Delay or disruption in the Service attributable directly or indirectly to the directions of any Statutory and/or Regulatory Authorities;
Delay or disruption in the Service attributable directly or indirectly to a change in law.
War, hostility, fire, civil commotion, public enemy, sabotage, flood, earthquake, riots, bombs-blasts, explosion, strikes, quarantine, restriction, lock out, any other acts of God etc.
Further, under no circumstances will OIL, its suppliers or licensors or officers or directors or employees or agents or affiliates be liable to the Subscriber or to any third party for any consequential, indirect, special, punitive or incidental damages, whether foreseeable or unforeseeable, including, but not limited to, unauthorized access, damage, or theft of your system or data, claims for loss of goodwill, claims for loss of data, use of or reliance on the service, stoppage of other work or impairment of other assets, or damage caused to equipment or programs from any virus or other harmful application, arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise or on account of the Subscriber's use or misuse of or reliance on the Service
This limitation of liability clause shall apply to the fullest extent permitted by law in the applicable jurisdiction and, regardless of the form of action, will at all times be limited to the amount paid, if any, by the Subscriber for use of the Service.
The Parties may terminate this Contract at any time without cause. There shall be no refunds of any nature whatsoever, including for unused data/time etc., by OIL if the termination is due to reasons attributable to the Subscriber. In other instances, OIL may offer a partial refund.
If the Subscriber commits a breach of any of these terms and conditions or of OIL's allied terms/policies or in situations where the Subscriber's Equipment or software is interfering with OIL other services, OIL may at its sole discretion, without prior notice and without prejudice to any other remedy available under any law, either suspend or terminate the Service. Despite such termination, the Subscriber shall be held liable for payment of any due amounts or other obligations incurred before or upon termination.
The Subscriber shall in perpetuity fully indemnify and hold harmless OIL and its suppliers, licensors, officers, directors, employees, agents, affiliates and subsidiary/group companies from any claim, liability, loss, damage, cost, suits, proceedings, actions or expenses (including without limitation reasonable attorney's fees) arising out of or related to the Subscriber's use of the Service, any materials downloaded or uploaded through the Service, any actions taken by the Subscriber in connection with his/her use of the Service, any misrepresentation and/or fraud committed by the Subscriber in connection with his/her use of the Service, any violation of any third party's rights or an violation of law or regulation, or any breach of these Terms and Conditions.
In the event of any dispute or difference arising out of or relating to between the Parties hereto or as to the performance rights and obligations under this Contract or as to any claim, monetary or otherwise of one Party against the other or as to the interpretation and effect of any of these Terms and Conditions, such dispute or difference shall be referred to a sole Arbitrator to be appointed by OIL and the decision of the Arbitrator shall be final and binding on both Parties. The Arbitration proceedings shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 (as amended from time to time). The venue of arbitration shall be Mumbai. Except for service-related disputes, which may be referred to TDSAT in New Delhi, the Courts in Mumbai shall have sole and exclusive jurisdiction in all other matters.
Intellectual Property Rights
The Subscriber acknowledges and agrees that all intellectual property rights (including, but not limited to, copyrights, trademarks, database rights, patents and inventions) in and relating to the Service are owned by OIL and its licensors or contractors. Nothing herein operates to transfer any such intellectual property rights to the Subscriber.
These Terms and Conditions constitute a record of the Contract between the Subscriber and OIL in relation to the Subscriber's use of the Service. Unless otherwise specifically stated these Terms and Conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between the Subscriber and OIL in respect of the Subscriber's use of the Service.
OIL reserves the right to replace, amend or withdraw the Wi-Fi pack/plans at any time on reasonable notice in line with TRAI regulations.
The Subscriber agrees to notify OIL of any changes to the information provided by the Subscriber while registering for the Service.
The Subscriber is not allowed to share/resell/distribute/transfer the Service provided by OIL in any manner.
The Subscriber shall comply with all extant laws, regulations, guidelines, as amended from time to time in connection with the use of this Service.
Wi-Fi actual data speeds may vary depending on the Subscriber's device, the number of other users on a Wi-Fi hotspot etc. OIL makes all reasonable efforts to provide all Subscribers with the highest possible data rates and quality. However, OIL shall not be responsible or liable for any downtime in the Service. OIL may suspend the Service during technical failure, modification or repair or testing of the service network and shall not be liable to refund any amount to the Subscriber when the services are interrupted/suspended owing to causes and reasons beyond its control.
Public Wi-Fi access does not include services other than access to internet and those specified.
If any term or conditions of this Contract becomes or is declared illegal, invalid or unenforceable for any reason, such term or condition shall be divisible from this Contract and deemed to be deleted from this Contract. The other provisions of this Contract shall remain in full force and effect.
The provisions of all obligations on the Subscriber shall survive the termination/expiry of the Contract.
No failure or delay on part of OIL to exercise any right or remedy under this Contract shall be construed or operate as a waiver thereof nor shall any single or partial exercise of any right or remedy preclude the further exercise of any other right or remedy as the case may be.
Any notice and/or any communication to be given by OIL under this Contract shall be in writing and shall be served by either e-mail, fax, courier or post at the Subscriber's address as specified in this Contract.
Any correspondence by the Subscriber shall be sent by registered AD to:
ONEOTT INTERTAINMENT LIMITED,
In centre, 49/50 MIDC, 12th Road,
Andheri (East), Mumbai - 400 093.