Terms of Service
Accepting the Terms
- In order to use the Services, the User must first agree to the Terms of Service (TOS). The User may not use the Services if he/she does not accept the TOS. If the User is already using the Services, but the User has not accepted the TOS, then the User must stop using OneNative's Services immediately.
- The User can accept the Terms of Service simply by using the Services. In this case, the User understands and agrees that OneNative will treat his/her use of the Services as acceptance of the Terms of Service from that point onwards.
- Customer prior to buying traffic must deposit funds to his OneNative account. The minimum initial deposit amount is 5000 INR + fee. Top up amount above the minimum threshold are solely a decision of the Customer. Deposited funds are ring fenced within OneNative accounts and within the accounting ledger. To facilitate the depositing of funds, the Customer is provided with payment options like Payu, Paypal Account. All costs related to transfer of payments are born by the Customer. Company may elect to make payments under this agreement in the following currencies: INR. Deposited funds can be used only for purchase of traffic via different types of campaigns available in OneNative. Deposited funds do not expire and can be used to purchase traffic at any time. Customer may request to obtain a credit limit and can be granted with it base on individual decision of OneNative. OneNative reserves the right to cancel the credit limit in its absolute and sole discretion at any time. Fees are based on number of impressions / clicks and depend on Bidding results (RTB). Customer understands and agrees that the statistics system provided by OneNative shall serve as the official record of traffic and Impressions / Clicks delivered throughout the Customer’s Campaign. Other ways of tracking the traffic are acceptable based on individual request from Customer and after written approval from OneNative.
- Payment Disputes: Customer understands and agrees to address any questions Customer may have with any payment of commissions under these provisions to OneNative within seven (7) days of the date of such payment. Failure to notify OneNative within such period will constitute an acceptance of, and agreement with, the applicable payment. Refunds: You may ask for a refund of the remaining funds on your account by contacting email@example.com. This only includes funds that you have deposited using the payment methods described in 8.A. This does not include bonuses, or any other form of credit from OneNative. The Customer agrees that OneNative shall not reimburse funds Customer already spent on purchased traffic.
- Taxes. Customer is responsible for any applicable sales, use, gross receipts, value added or transaction-based taxes, in excess of any and all fees payable in connection with the Service. Such fees shall be paid without deduction or withholding of any present or future taxes. Company shall reimburse OneNative of any such taxes OneNative is required to collect and/or remit any such taxes in connection with the Service selected by Company. Company shall pay all applicable taxes or charges imposed by any government entity in connection with your use of the Service. All fees owed by User to any third party based on the activity covered by this Agreement are solely the responsibility of you and User, jointly and severally.
- According to the relevant payment providers’ policies some of the transactions may demand Strong Customer Authentication (SCA), which means that electronic payment is performed with multi-factor authentication to increase the security of such a payment.
- The type of used multi-factor authentication as well as demanding SCA in any case depends on the policy of the relevant payment provider that is used by the Customer to make a payment.
- OneNative is not responsible for any delays, failures, incorrect or untimely publications, or the removal or loss of any data.
- The User agrees that OneNative may make changes to the rules and restrictions of use from time to time with or without notification of the User.
- The User agrees that any Content published with the OneNative Services as open Content can be used by OneNative at its own discretion for its own purposes and the User cannot claim compensation (monetary or otherwise) from OneNative for doing so.
- The User acknowledges and agrees that all OneNative Services and software are protected by copyright, trademark, license, intellectual property laws and any applicable laws of India, laws of other countries and/or international laws.
- OneNative gives the User a personal, non-assignable and non-exclusive license to use the software provided to him/her by OneNative as part of the Services. The User may not (and may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof. The User agrees that he/she will not reproduce, duplicate, copy, sell, trade or resell the software provided to him/her as a part of the Services for any purpose and also will not modify the Services for any purpose
- Unless the User has agreed otherwise in writing with OneNative, the User may not use objects of OneNative intellectual property (such as logos, trade names, trademarks and other brand features, OneNative website content etc.).
Other General Legal Terms
- Unless the User has agreed otherwise in writing with OneNative, all complaints, claims, requests, questions and other inquiries must be addressed to firstname.lastname@example.org.
- The Terms of Service (TOS) is a binding agreement between the User and OneNative, which regulates the User's use of OneNative's Services.
- These Terms of Service, and any disputes arising from or relating to the interpretation thereof, shall be governed by and construed under the laws of the India and any actions resulting to be performed within the India, and without reference to its conflict of laws principles or the United Nations Conventions for the International Sale of Goods. All disputes arising out of or in connection with this disclaimer or use of this website shall be submitted to the exclusive jurisdiction of the courts of Mumbai.. The prevailing party in any action arising out of this ToS shall be entitled to an award of its costs and legal fee’s.
- When using OneNative Services that are free, the user agrees that consumer protection laws are not applicable to the Terms of Service.
- Nothing in the TOS can be recognized as an establishment of friendship, business partnership, employment, representative relations or any other sort of relationship between the User and OneNative, which is not directly described under the Terms.
- If any part of the TOS is proved to the satisfaction of a jury as being invalid or as having a non-binding nature, the rest of the Terms of Service will still remain binding
- If the User (or any other users) breaks the Terms of Service and OneNative does not act to protect its interests, this does not mean that OneNative cannot decide to prosecute any offender in the future.
User Registration Obligations
- In consideration of your use of the OneNative Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the OneNative Services under the laws of Mumbai or other applicable jurisdiction.
- As a condition to using Services, you are required to register with OneNative and select a password and screen name (OneNative User ID). You shall provide OneNative with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your OneNative account. You may not:
- Select or use as an OneNative User ID a name of another person with the intent to impersonate that person;
- Use as an OneNative User ID a name subject to any rights of a person other than you without appropriate authorization; or
- Use as an OneNative User ID a name that is otherwise offensive, vulgar or obscene. OneNative reserves the right to refuse registration of, or cancel an OneNative User ID in its discretion. You shall be responsible for maintaining the confidentiality of your OneNative password.
- Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
- Parties agree not to disclose other Party Confidential Information without prior written consent of the other Party. Confidential Information includes without limitation:
- all OneNative software, technology, programming, specifications, materials, guidelines, and documentation;
- click-through rates or other statistics relating to a party under Agreement; and
- any other information designated in writing by OneNative as "Confidential" or an equivalent designation.
- OneNative Confidential Information does not include information that has become publicly known through no breach by You or OneNative, or information that has been:
- independently developed without access to OneNative Confidential Information, as evidenced in writing;
- rightfully received by a Party from a third party; or
- required to be disclosed by law or by a governmental authority.
Respect of other Internet Users
The Users and OneNative agree to respect the rights of other Internet users (whether they use the OneNative Services or not), be polite to each other, follow the code of ethics and the traditions of Internet use, and agree not to use OneNative Services with the aim to abuse morals and/or ethics in any way.
Content license from the User
Unless agreed otherwise, the User retains the copyright and any other rights he/she already holds in the Content, which he/she submits, posts or displays on or through the Services. The User is solely responsible (as established by the current law of Mumbai) for the use of Content which does not belong to him/her and for the breach of any third party copyright. If the User is found to have published Content which does not belong to him/her, it may be removed at the request of the owner of the content (or the person(s)/entity effected). OneNative always retains the right to any and all content created by OneNative or its agents unless OneNative expressly gives license or consent for the User to use any of its intellectual property.
Violation of the Terms
- The User may report any violation of the Terms to email@example.com. The report should include as many details as possible. Hyperlinks to specific statements/comments would be the most significant and would hasten the processing of the report.
- Compliance with these provisions is essential for the operation of OneNative network and receipt of qualified services to User. In the event of a material breach of these Terms and Conditions, OneNative reserves the right to take any and all available legal remedies in addition to termination of the User’s agreement.. User will indemnify on the first demand, and hold the OneNative and its directors, officers, employees, agents harmless from and against any and all loss, cost, liability or expense (including, without limitation, direct consequential and liquidated damages plus reasonable attorneys' fees) which the OneNative may suffer, incur or sustain resulting from or arising out of any and all claims, suit or proceeding brought by a third party to the extent such claims arise out of claims or alleged claims of any third party resulting from or in connection with an infringement by User of this agreement;
Service Interruption and Force Majeure
- OneNative may temporarily suspend the availability of the Services to carry out scheduled hardware and software tests and/or updates (or any other necessary technical tasks). The User will be sent a notification about the start of such tasks one hour in advance along with information about when the task(s) will be finished.
- In case of a force majeure, OneNative software/hardware failures or breakdowns, failures or breakdowns of the hardware/software of OneNative's partners (including failures and breakdowns which occur due to the actions of a third party) the provision of the Services may be interrupted without notification of the User.
Disclaimer Of Warranty
- Either Party may terminate this agreement at any time by providing notice to the other Party. Regardless of the circumstances, such termination shall not give rise to liability.
- In the event of any termination Customer will be entitled to refunds of the balance remaining on his account in OneNative after full reconciliation of the books. Any outstanding balance for OneNative use rendered through the date of termination, and other unpaid payment obligations during the remainder of the billing period will be immediately due and payable in full. All data, files or other information stored in Customer’s account will be no longer available to Customer.
- The termination of this agreement shall automatically, and without further action by OneNative, terminate and extinguish Customer’s right to use OneNative.
- OneNative may suspend or terminate Customer’s access to OneNative at any time, without advance notice, for any reason that OneNative finds valid in its sole discretion until cured, including but not limited to where OneNative believes that: (A) Customer is in any way in breach of the Terms and Conditions; (B) Customer, at any time, is conducting activities that do not fully comply with all applicable local, state, federal and foreign laws, rules and regulations, (C) Customer is late with any payment for the usage of OneNative for the period 15 (fifteen) days from date of payment.
OneNative reserves the right to suspend, disable or terminate any accounts that are inactive for a period of 6 (six) months. “Inactive” shall be defined as an account that has not been accessed via log-in for a period of 6 (six) months. In case of suspending of Customer’s account Customer should contact firstname.lastname@example.org in order to ask for suspending