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Terms and Conditions of Use

 

 

 

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

 

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of https://nyxion.ai website and/ or Nyxion mobile application.

 

The domain name https://nyxion.ai (hereinafter referred to as “Website”) and the mobile application Nyxion (hereinafter referred to as “Application”) are owned by Flinket Services Private Limited a company incorporated under the Companies Act, 2013 with its registered office at 528 Deoli Village, Near Corporation Bank, Bandh Road, New Delhi 110080 (hereinafter referred to as “Nyxion”).

 

By accessing or using the Website/ Application, the Nyxion Service, or any other applications (including mobile applications) made available by Nyxion (together, the “Service”), however accessed, You agree to be bound by these Terms and Conditions of Use (“Terms of Use”). The Service is owned and controlled by Nyxion. You are suggested to go through these terms before using Nyxion. These Terms of Use affect Your legal rights and obligations. If You do not agree to be bound by all of these Terms of Use, do not access or use the Service.

 

For the purpose of these Terms of Use, wherever the context so requires “You”, “Your” or “User” and variants thereof shall mean any natural or legal person who has agreed to become a user of the Service by providing Registration Data while registering on the Service using a computer system. The term “We”, “Us”, “Our” and variants thereof shall mean Nyxion

 

ACCESSING, BROWSING OR OTHERWISE USING THE NYXION APPLICATIONS INDICATES YOUR ACCEPTANCE TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Nyxion policies (including but not limited to Privacy Policy) as amended from time to time (together referred to as “Nyxion Policies”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT ALONG WITH PRIVACY POLICY, YOU MAY NOT DOWNLOAD, INSTALL, ACCESS OR
 USE THE NYXION WEBSITE OR APPLICATIONS. 

 

We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Service following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Service.

 

BASIC TERMS

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1. You must be at least 18 years old and be legally permitted to use the App by the laws of your home country. You are strictly advised to use your real name on your profile and use the services in a professional manner.

2. You are responsible for ensuring that Your use of the Service, Your action or omission is not contrary to any law for the time being in force. You are not allowed to post violent, discriminatory, promotional, unlawful, infringing, trolling, hateful Content via the Service. For the purposes of clarity, Content refers to any data, text, information, usernames, works of authorship, links and other content or materials, including information that the User posts and/ or uploads on to the service, such as but not limited to the photographs, graphics, videos, and any other information formats that may become shareable via the Service from time to time (collectively “Content”). You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information that –

   1. belongs to another person and to which the user does not have any right to

   2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever

   3. infringes any patent, trademark, copyright or other proprietary rights. violates any law for the time being in force

   4. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature

   5. encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence

   6. contains any spyware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Bumble or otherwise

   7. impersonate another person

   8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource

   9. 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.

3. Breach of these Terms of Use on Your part would lead to a removal of any and all of Your Content and revoke Your usage rights. Repeated breach will lead to a permanent account ban, and You may not be permitted to access the Service ever again.
   You are responsible for any activity that occurs through Your account and You agree You will not sell, transfer, license or assign Your account, friends, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Nyxion 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 Nyxion upon registration (“Registration Data”) and at all other times will be true, accurate, current and complete and You agree to update Your information as necessary to maintain its truth and accuracy.​

4. When You use the Service or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.

5. You agree that You will not solicit, collect or use the login credentials of other Nyxion Users.​

6. You must take responsibility for keeping Your username and password safe and secure.

7. You must not post private or confidential information via the Service, including, without limitation, Your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses. You are requested to maintain discretion before adding users on other social networking platforms or sharing phone numbers. Nyxion shall not be responsible for any harassment the User suffers from other users on the Service, or any other platform(s). Please approach the support of those platforms and use the block feature on Nyxion to disable them from interacting with You.

8. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to Your use of the Service and Your Content, including but not limited to, copyright laws.

9. You are solely responsible for Your conduct and Content that You post on Nyxion.

10. You must 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 not modify or alter the Service or modify another website so as to falsely imply that it is associated with Nyxion.

11. You must not interfere with or disrupt the Service or servers/ networks connected to the Service, including by transmitting worms, viruses, spyware and malware or any other code that is destructive or disruptive in nature. Interfering with the display of any Nyxion’s page in a User’s browser or device is illegal.

12. You shall not create accounts on Nyxion using unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper is not allowed.

13. Nyxion reserves the right to feature Your content and success stories and posted on Nyxion through its social media handles, with due credits to the User.

14. You must not attempt to restrict another user from using or enjoying the Service and You must not encourage or facilitate violations of these Terms of Use or any other Nyxion Policies.

15. Violation of these Terms and Conditions of Use may, in Nyxion’s sole discretion, result in termination of Your Nyxion account. We are not responsible for any Content that is posted on Nyxion. If You violate the Terms of Use, or create risk/possible legal exposure for Nyxion, we can stop providing all or part of the Service to You.​

 

LIMITATIONS OF USE

 

You may not use the Software or Documentation except as permitted in this Agreement. Without limiting the foregoing, you
may not use the Software or Documentation for operating your or your employer's business, developing other applications for ongoing use, or
providing services to others. Except with Company's prior written consent, you may not: (i) alter, modify or create any derivative works of the
 Software, the underlying source code, or the Documentation in any way, including without limitation customization, translation or localization; (ii)
port, reverse compile, reverse assemble, reverse engineer, or otherwise attempt to separate any of the components of the Software or derive the
source code for the Software (except to the extent applicable laws specifically prohibit such restriction); (iii) copy, redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Software or Documentation; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or Documentation; (v) block, disable or otherwise affect any advertising,
 advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Software. You may not cause
 or permit any third party to do any of the foregoing.

 

Payments & Cancellation

 

Users have to pay for purchasing ‘Premium Membership’, which is mandatory for soliciting a connection with other users. Payments once made, are not refunded under any circumstances. In other words, you do not have the option of cancelling or getting a refund for any payment. It follows that you will not be getting a refund for any payment when your membership is terminated. Membership of users who acquire Premium Services illegally without actually purchasing them may be temporarily or permanently terminated from Nyxion. The company also reserves the rights to withdraw pending requests and/or cancel request.

 

Third Party Softwares

 

You acknowledge that the Software may contain copyrighted software of Company’s suppliers which are obtained under a license from such suppliers ("Third Party Software"). All third party Licensors and suppliers retain all right, title and interest in and to such Third Party Software and all copies
thereof, including all copyright and other intellectual property rights. Your use of any Third Party Software shall be subject to, and you shall comply with, the
terms and conditions of this Agreement, and the applicable restrictions and other terms and conditions set forth in any Third Party Software documentation or printed materials, including without limitation an end user license agreement.

 

Terms and Termination

 

This Agreement and your right to use the Software and Documentation may be terminated by you or by the Company at any time upon
written notice. This Agreement automatically terminates if you fail to comply with its terms and conditions. Immediately upon termination, you shall cease to use
and return or destroy all copies of the Software and Documentation in your possession, custody or control and if requested you shall certify to the Company in writing
that such return or destruction has occurred. The following sections of this Agreement survive any expiration or termination hereof.

 

Users outside India

 

If you are using the Software or Documentation outside the India, then the following shall apply: (a) You confirm that this Agreement and all related
 documentation is and will be in the English language; (b) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Software and Documentation or any services accessed or used in connection with the Software and Documentation, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.

 

GENERAL TERMS​

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1. Nyxion reserves the right to alter or terminate the Service or Your access to the Service for any reason, without notice, at any time, and without any liability to You. If We terminate Your access to the Service or You delete Your account. However, we may archive certain information, including Personal Information, and retain it as we may be required to do in order to fulfil out legal obligations.

2. Nyxion reserves the right, in our sole discretion, to change these Terms and Conditions of Use (“Updated Terms”) from time to time. We may notify You before the Updated Terms become effective. You should review these updated Terms of Use prior to using Nyxion. The Updated Terms will take effect from the time it is updated, or from sometime later as mentioned in the update. These Terms of Use will govern any disputes arising prior to the effective date of the Updated Terms.​

3. Nyxion reserves the right to deny access to the Service to any User for any reason at any time. We may remove, edit, and/or monitor content or accounts we believe violate these Terms of Use.

4. Nyxion reserves the right to force forfeiture of any username, profile or account for any reason at any time.

5. Nyxion is not responsible or liable for the conduct of any of its Users, be it online or offline. You will be responsible for Your interactions with other Nyxion users on or off the Service. We reserve the right but we are not obliged to monitor or get involved in disputes between You and other users. A User should use his common sense and best judgment while interacting with other Nyxion users.

6. Your business dealings with third parties found on Nyxion are solely between You and the third parties.

7. You take responsibility of any and all data charges that incur on using Nyxion.

8. We prohibit crawling, scraping, caching or otherwise accessing any Content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Nyxion’s express written consent).

9. You further undertake to submit to the jurisdiction of courts at New Delhi for any action arising from the breach of these Terms of Use, other Nyxion Policies, violation of the IT Act and/ or other laws, pursuant to Your usage or access of the Service.

 

FORCE MAJEURE

 

Neither party will be in violation of the Agreement if the failure to perform the obligation is due to an event beyond its control, such as significant failure of a part of the power grid, failure of the Internet, natural disaster or weather event, war, riot, insurrection, epidemic, strikes or labor action, terrorism, or other events beyond such party’s reasonable control.

 

MISCELLANEOUS

 

If any part of the Agreement is found unenforceable, the rest of the Agreement will continue in effect, and the unenforceable part shall be reformed to the extent possible to make it enforceable and give business efficacy to the Agreement. Each party may enforce its respective rights under the Agreement even if it has waived the right or failed to enforce the same or other rights in the past. The relationship between the parties is that of independent contractors and not business partners. Neither party is the agent for the other and neither party has the right to bind the other on any agreement with a third party. The use of the word “including" means “including without limitation". 

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Grievances

 

If you wish to register a complaint regarding X, you may do so by sending an email to support@theNyxion.com Your email will be acknowledged by a system generated response, or via an individual manual email to the extent possible, within 24 hours of us having received it. You will be kept informed of the progress we make in redressing your complaint and/ or the reasons for the delay, if any, in such redressal.

 

Jurisdiction

 

This Agreement constitutes the entire agreement between the Parties concerning the subject matter hereof, which may only be modified by
 a written amendment signed by an authorized executive of Company, (b) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be
governed by the laws of Bangalore, India., excluding its conflict of law provisions, (c) You expressly agree that jurisdiction for any claim or dispute arising from the
use of the Software and/or Documentation resides in the federal and state courts situated in New Delhi, India and you consent to the
 personal jurisdiction thereof, (d) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, (e) If
 any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent, and the remaining portions remain in
full force and effect, or Company may at its option terminate this Agreement, (f) The controlling language of this Agreement is English. If you have received a
 translation into another language, it has been provided for your convenience only, (g) A waiver by either party of any term or condition of this Agreement or any
breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof, (h) You may not assign or otherwise transfer by
operation of law or otherwise this Agreement or any rights or obligations herein. Company may assign this Agreement to any entity at its sole discretion, (i) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns, (j) If you have any questions, complaints, or
 claims with respect to the Software, you may contact Company by email at support@theNyxion.com.

 

Disputes

 

You are solely responsible for your interactions with other users. The company reserves the right to, but is not obliged to, monitor the resolution of any disputes arising between users. The company also reserves the right to take action, as deemed appropriate against errant users. In no event shall the company be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this service or persons you meet through this service. You agree to take reasonable precautions in all interactions with other members of the service, particularly if you decide to meet offline or in person. You understand that the company makes no guarantees, either expressed or implied, regarding your ultimate compatibility with individuals you meet through the service. You should not provide your financial information (for example, your credit card, ATM pin or bank account information) to other users.

 

Effective date

 

The Terms were last updated on: 30 JUNE 2020