The Terms and Conditions (T&C) contained herein along with the Privacy Policy and Terms of Use, form an Agreement regulating our relationship with regard to the use of Fibra Netway Pvt. Ltd. (hereinafter Fibra Netway) Products and Services by you.
Visitors to this website are bound by the following terms and conditions (“terms”), so please read the following terms carefully before continuing to use this site.
You are advised to regularly check for any amendments or updates to the terms and conditions from time to time. Fibra Netway may add to or change or update these Terms of Use, from time to time entirely at its own discretion. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. Your use of the Site after any amendment to the Terms of Use shall constitute your acceptance of these terms, and you also agree to be bound by any such changes/revisions.
**Definitions**
**“Agreement”** means the Terms and Conditions (T&C) contained herein along with the Privacy Policy and Terms of Use, including other T&C at other portals of Fibra Netway. It will also include references to this Agreement as and when amended, notated, supplemented, varied, or replaced.
**Portal/Site** means the Fibra Netway platform owned and operated by Fibra Netway.
**User** means and includes any Customer/Users/visitor of the website (the person or any legal entity) who uses the services offered by Fibra Netway through its Portal.
**The Agreement Between You and Fibra Netway Is Subject To The Following Terms And Conditions**
1. **Registration:** Registration of the User on the Website is mandatory. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user ID and shall be fully responsible for all activities that occur by use of such password or user ID. Further, the User agrees not to use any other party’s ID and password for any purpose whatsoever regardless of any authorization from such party.
2. **Lawful Use:** The User agrees to use the services provided by Fibra Netway, its affiliates, consultants, and contracted companies, for lawful purposes only.
3. **Authentic Information:** The User agrees to provide authentic and true information. Fibra Netway reserves the right to confirm and validate the information and other details provided by the User at any point in time. If upon confirmation such User details are found not to be true (wholly or partly), Fibra Netway has the right in its sole discretion to reject the registration and debar the User from using its services without prior intimation whatsoever.
4. **Accurate Data:** The User agrees to: (a) provide true, accurate, and complete information about themselves and their beneficiaries as prompted by the registration form on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
**Terms Of Use**
1. **General**
a. This document is an electronic record in terms of the Information Technology Act, 2000, and the rules thereunder, as amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
b. For the purpose of these terms of use, whenever the context so requires:
i. **“Affiliate(s)”** shall, with respect to the Company, include any person directly or indirectly controlling, controlled by, or under the direct or indirect common control with the Company including its subsidiaries and associate companies.
ii. **“Company”**, **“We”**, **“Us”**, or **“Our”** shall mean Fibra Netway Pvt. Ltd. (Fibra Netway) having its registered office at 29-g, 2st Floor, Commercial Street, Bangalore Road Krishnagiri-635 001, and its successors and assigns.
iii. **“Customer Application Form (CAF)”** shall mean the form filled by the customer of Telecom/Internet Services as required under applicable law.
iv. **“MSISDN”** means the Mobile Subscriber Integrated Services Digital Network Number.
v. **“Product(s)”** includes Site, Fibra Netway’s applications, and services.
vi. **“Service(s)”** shall mean all Services that Fibra Netway provides to its subscribers through the website, including but not limited to Broadband Services, Digital Television Services, Over the Top Boxes, Stream TV 4K boxes, Content Streaming, entertainment and gaming services, and value-added services, and all other Services that may be launched and provided through the Site.
vii. **“Site”** shall mean www.fibranetway.com.
viii. **“You”** or **“Your”** shall mean any person accessing this website www.fibranetway.com, its contents or using the services offered through the Site and shall include a subscriber of Services or purchaser of Product of the Company through the Site.
c. This Document contains the rules and regulations, terms of your access, and use of the Site.
d. By accessing, browsing, and/or using the Site, you confirm that you have read, understood, and agreed to conform to and be bound by the terms and conditions contained herein.
e. The Company may amend or update the terms contained herein by publishing such updated/amended terms on this Site from time to time. By continuing to access and use the Site, you shall be deemed to accept and conform to the updated and amended terms.
f. You further agree that the terms and conditions contained in this Document shall apply in conjunction with the Privacy Policy at https://www.fibranetway.com/privacy-policy, Customer Application Form (CAF) for Fibra Netway’s Services, End User Agreement of Fibra Netway’s stream TV Box, or any other terms agreed, document executed/signed by you, as may apply.
g. If you do not agree to any of the terms, please do not access the Site or avail of any Product through the Site.
2. **Registration**
a. In order to avail any Product or Services through the Site, registration of the user on the website is mandatory. The registration process may involve without limitation, setting up of a profile, username and password, your name, and other information. You may, however, browse/access certain information and post complaints, feedback, or suggestions on the Site without having to register.
b. The password is an authentication tool and we recommend that each User periodically changes the password. We strongly recommend that the password be retained confidential. You shall remain solely responsible for maintaining the confidentiality of your username, password, or account details which you have created for availing services through the Site. You agree to immediately notify the Company of any unauthorized use of your password or account or any other security breach.
c. The Company may rely on the authority of any person accessing your account using your password. The Company has no responsibility and liability with regard to the privacy, safety, and security of any information (including Personal Information) that you may share voluntarily with third parties for availing their products or services, through the Site, or any compromise of the confidentiality of your account/password or any unauthorized access to your account/password.
d. You also warrant the accuracy, truthfulness, and currency of all information that you submit while accessing or using the Site. If you provide any information which is or which the Company has reasonable grounds to suspect is untrue or incorrect, the Company reserves the right to suspend or terminate your access to the Site.
e. In a few areas of the Site (including but not limited to the registration page), we may ask you to provide Personal Information. For this purpose, you hereby grant consent to the Company, its affiliates, or permitted third parties to contact you, if necessary, on the MSISDN provided by you. This allows us to provide and inform you of the latest services and features that most likely meet your needs and to customize our Site to make your experience safer and easier. It will enable us to use the information you provide us with to keep you informed of our latest Products and Services after your visit to the Site. Your personal information will be used in accordance with the Privacy Policy available at www.fibranetway.com.
f. The Company may allow you to post your experience or feedback in respect of Products and Services or the browsing of the Site (“Your Content”). You undertake that your content shall be true and correct and shall not belong to a third party or fictitious names. By submitting/posting Your Content via the Site, via email, or otherwise, you grant us a perpetual, royalty-free, and irrevocable license to copy, modify, distribute or create a derivative work from that material in any form or communicate to the public the same for the purposes of the Company’s business and the right to sub-license those rights to others or our affiliates. You warrant that your content is fit for publication, you own all rights with respect to the same and you agree to indemnify us if any third party takes action against us in relation to the material that you submit. The Company does not routinely monitor your postings to the Site but reserves the right to do so. In our efforts to promote good citizenship within the Internet community, if we become aware of inappropriate use of the Site or any of its services, the Company will respond in any way that, in its sole discretion, it deems appropriate. The Company shall have the right but not the obligation to monitor the posting/material to determine compliance with these terms and conditions and applicable laws. The Company reserves the right to edit the material or remove the material at its discretion without any notice.
3. **Prohibited Activities:**
a. You must use the Site strictly in compliance with all applicable laws, including but not limited to the Information Technology Act, 2000, and the Rules made thereunder. You must not host, display, upload, modify, publish, transmit, update, or share any information via the Site that:
i.belongs to another person and to which the user does not have any right to;
ii.is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
iii.harm minors in any way;
iv.infringes any patent, trademark, copyright or other proprietary rights;
v.violates any law for the time being in force;
vi.deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii.impersonate another person;
viii.contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix.threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
b.The Company upon obtaining knowledge of posting etc., of any non-compliant information reserves full right in its sole discretion to disable such information.
c.You agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance, or inconvenience, whether to the Company or any of its customers or users of the Site by any means.
d.You will not use the Site such that you would cause the whole or part of the Site to be interrupted, damaged, or rendered less efficient or impaired in any way.
e.You are prohibited from probing / testing / violating the security of the Site or attempting to including, without limitation (i) accessing data not intended for you or logging into a service or account which you are not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers, (iii) attempting to interfere with service to any user, host or network including, without limitation, via means of submitting a virus or “trojan horse”, overloading, “flooding”, “mail bombing” or “crashing” or (iv) sending unsolicited electronic mail including, promotions and / or advertising of other products or services.
f.You may not mirror any material contained on the Site on any other server without the prior written consent of the Company. Any unauthorized use of the contents of the Site may be in breach of copyright laws or trademark laws.
g.You agree to use the services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only.
4. Technical Requirement:
a.If your computer does not support relevant technology including but not limited to encryption you may not be able to use certain services or access certain information on the Site. You are therefore advised to obtain, install and maintain suitable equipment and software to access the Site. You agree that you are solely responsible for the security of your computer or password or your data. Company is not responsible for the back up or restoration of your data/material.
5. Permissible use of contents:
a.The content (information, communications, images, logos, trade names / trademarks, videos and sounds contained on or available through Site) is provided by the Company, its affiliates, independent content providers and third parties. The contents available on the Site are properties of the Company, its affiliates, independent content providers or third parties. The contents of the Site cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of the Company.
6. No Warranty:
a.The Company stands committed to make reasonable efforts to update or correct any information that appears on the Site. However, the Company does not make any representation or warranty (expressed or implied) in relation to or in any way guarantee that any information available on the Site at any given time is accurate, complete, current or error free or make any representation or warranty with regards to merchantability, title, fitness for a purpose or non-infringement. The Company expressly disclaims all responsibilities for any misinformation, inconvenience, loss or financial or other damage caused to you due to the use of the Site. Information is supplied on “as is basis” and upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to its use or in connection with the making of any decision using such information. The technical specifications and settings of your computer and its display may affect the accuracy of display of colours.
7. Links to other Sites:
a.This Site may be linked to other websites, applications, services on the World Wide Web that are not under the control of or maintained by the Company. These links are provided for your convenience only. Such links do not indicate any responsibility or endorsement on our part for the concerned external website, its contents or the links displayed on it. The Company makes no representations or warranties, express or implied, concerning any products, services, content or information found on any linked websites.
b.The Company shall not assume or accept any responsibility or liability for the contents which are made available by independent content providers or third parties on the Site or any other website linked with the Site. You agree to access and / or avail such contents in accordance with policies of such independent content providers or third parties at your own risk, responsibility and liability.
8. Intellectual Property Rights:
a.All Intellectual Property rights in the Site, design, text, graphics, applications, software, underlying source code and all other aspects belong to the Company and / or its affiliates. Your access to the Site or use thereof shall not grant in your favor, by implication, estoppel or otherwise, any license, right, title or interest to use any marks appearing on the Site without the prior written consent of the Company or the third-party owner thereof.
9. Copyright:
a.All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company, its affiliates or its content suppliers and is protected by the appropriate Intellectual Property Laws.
10. Trademarks:
a.The trademark ‘Fibra Netway, its logo, and other Services Marks and logos are owned by and / or licensed to the Company and / or its affiliates.
b.There will be certain trademarks of third parties whose products are made available on the Site, these marks are used for representation purposes only and the Company does not claim any rights over these trademarks.
11. Intellectual Property Claims:
a.The Company, its affiliates or its content suppliers respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us with your concerns and we will try and answer your concerns.
b.By accessing or using the Site, you confirm to acknowledge and abide by all intellectual and industrial property rights, including copyrights or trademarks belonging to the Company or to any third-party content licensor to the Company that is made available through the Site.
12. Disclaimers:
a.You agree that the Site is a platform provided purely on a “best endeavour” basis and subject to acceptance of these Terms. The Company shall not be responsible or liable for any loss, injury or any other liability (financial or otherwise) to any user arising due to access or use of the Site.
b.The service is accessed via the World Wide Web which is independent of the Site and the Company. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. The Company has no responsibility for any information or service obtained by you on the World Wide Web.
c.The Site is a secure website, and the Company will take all reasonable steps to maintain the Site as a secure website. However even secure websites are susceptible to infiltration and/or corruption. There are a number of transactional facilities on the Site, wherein you can pay your bills, or get certain services activated by paying the requisite amount online. Except for the payment facilities available through the Site, the provision of services is governed by the relevant service contract or CAF. The Company shall not in any way be responsible for any damage or loss caused to you as a result of financial transaction on the Site. The Company would also not be responsible or liable in any manner if your credit card / net banking is misused / used fraudulently while being used on the Site. The Company would not be responsible or liable in any manner for any error or defects that may exist or for any costs, loss of profits or consequential losses that may arise from your use of or inability to use, or access or a failure, suspension or withdrawal of all or part of the facilities available through the Site at any time. The Company accepts no liability or responsibility for loss of data or breach of confidentiality or other consequences howsoever occurring. In case there has to be a reversal of money paid online, it would be entirely dependent on the payment gateway’s terms and conditions and the Company would not be responsible or liable in any manner for quick reversal or for expediting the process.
13. Limitation of Liability:
a.In no event the Company including its affiliates, directors, officers, agents, employees shall be liable for any loss or damage whatsoever including not limited to direct, indirect, punitive, incidental and consequential damages, loss of profit, loss of data, loss of goodwill resulting from the use or inability to use the Site whether based on warranty, contract, tort or in any other means or action.
b.The Company, to the fullest extent permitted by law, disclaims all warranties and liability related to your access or use of the Site. Recognizing the special circumstances relating to the Site you agree to waive as against the Company, its affiliates, officers and employees, to the fullest extent permissible by law, any claims including for loss of business howsoever arising from or relating to the use of the Site. Without prejudice to the above the Company’s maximum liability, if any, is restricted to the transaction fees paid to the Company by you in respect of the relevant service.
14. Indemnity:
a.You shall indemnify and keep indemnified the Company and its officers, directors, employees, customers, affiliates, agents and licensors harmless from and against any and all claims (including third party claim), losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which the Company may incur, pay or become responsible for as a result of breach or alleged breach of your representations or obligations under the Terms and Conditions, any failure by you to comply with applicable law, breach of privacy, defamation, infringement of intellectual property rights of the Company and any third party and any third party claim in respect of misuse of any information of a third party. The Company shall have the right to defend itself, pursuant to this Clause, subject to your indemnification. These indemnity obligations will survive termination of your relationship with Company or you ceasing to use the Site.
15. Suspension or Modifications of Terms and Conditions:
a.You accept and agree that the Company may suspend or vary the whole or any part of the Site for any reason, at any time at its sole discretion without prior notice. The Company hereby reserves the right to make subsequent changes to, the Site or its content and services may be modified, varied, supplemented or withdrawn, if so, required in view of business exigencies and/or applicable laws. Such variations etc. will be deemed effective and in force immediately upon posting of the varied terms on the Site. You are therefore advised to check this Site regularly for any update(s) or amendment(s) made to these Terms and Conditions and in the event the modified or amended terms and conditions are not acceptable to You, you should discontinue accessing the Site. Your continued usage of the Site in any manner will constitute your acceptance of the latest revised terms and conditions. These terms and conditions along with separate written or electronic contract if any between you and Company constitute the complete agreement between you and Company. The failure to exercise or enforce any provision shall not be deemed as waiver of that provision. If any provisions of these terms and conditions is held to be void or unlawful, it shall not affect the validity of the balance provisions. Company may assign its rights and obligations herein any time without notice to you. Your rights and obligations are not assignable without our consent.
16. Termination:
a.In case of non-compliance of the terms contained herein, Privacy Policy or any other governing agreement(s) for access or usage of the Products or services, the Company reserves right to immediately terminate your access or usage to the Products and / or remove any non-compliant information posted by you.
17. No waiver for breaches:
a.If we do not act in relation to a breach of the Terms contained herein by you, that should not be construed as a waiver of any of our rights to act in relation to that breach or any later breach by you.
18. Redressal of grievance:
a.If you have any complaints or concerns with regard to content or to report any abuse of applicable laws, breach of Terms herein, or any content of the Site is in violation of your rights or the service through the Site is in violation of Rule-3 of the Information Technology (Intermediary Guidelines) Rules, 2011, then you may immediately contact the Grievance Officer in the following manner:
i.Sending a request in writing or through e-mail signed with electronic signature identifying the content alleged to be in infringement of your rights as the rightful owner or affecting you prejudicially.
ii.Providing your contact information including e-mail, address, and telephone number where you can be contacted if required;
iii.Giving a declaration-cum-undertaking along with necessary documents establishing you (i) as the rightful owner of the content to be disabled / affecting you prejudicially, (ii) as an affected person, stating that the information submitted is true, complete and accurate and no material fact has been hidden, and also stating that the Company, its affiliates, Directors, employees, including Grievance Officer shall not be liable for any loss or damage or claim for relaying on such requests;
iv.You may forward your request / complaints to Grievance Officer
Name: Malathi
Contact: E-mail: info@fibranetway.com
19. Governing Law and Jurisdiction:
a.These terms and conditions are governed in accordance with the laws of India. Any dispute shall be subject to the exclusive jurisdiction of courts in Tamil Nadu.