`Terms and Conditions for JioCall

 

  1. This Terms and Conditions along with the terms of the Customer Application Form (CAF) filled by User for taking the Reliance Jio Infocomm Limited (“RJIL”) telecommunications service connection and the Privacy Policy of this Application, is collectively a binding agreement between RJIL and the user, who access or avail the Application (defined below) including its Services.

 

  1. This Terms and Conditions are an electronic record in terms of the Information Technology Act, 2000 (as amended / re-enacted) (“IT Act") and rules thereunder, and is published in accordance with the provisions of Rule 3 (1) of Information Technology (Intermediaries Guidelines and Digital Media Ethics code) Rules, 2021, which mandates for publishing of rules and regulations, privacy policy and terms of use for access or usage of Application i.e. JioCall (“Application”). This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

  1. BY downloading OR OTHERWISE HAVING ACCESS TO, RECEIVING, AND/OR USING THE “JioCall” Services (“APPLICATION”), YOU HEREBY CONFIRM TO HAVE READ, UNDERSTOOD AND AGREE TO BE GOVERNED AND BOUND BY this agreement WHICH IS INCORPORATED BY REFERANCE AND ANY OTHER RULES OR GUIDELINES, AS MAY BE ISSUED BY RJIL WITH RESPECT TO THE APPLICATION, FROM TIME TO TIME. YOU MAY ACCESS THE PRIVACY POLICY from the application where it is available alongside the Terms and Conditions IF YOU DO NOT AGREE TO BE BOUND BY this Agreement, PLEASE DO NOT DOWNLOAD OR INSTALL or use the Application.

 

  1. RJIL reserves the right to modify these Terms and Conditions at any time at its sole discretion, with any prior notice to you. It is your responsibility to review these terms and conditions from time to time for updates, if any. You will be deemed to have accepted the terms and conditions, as amended, if you continue to access the Application after the terms and conditions are modified. Discontinuing use of this Application will not affect the applicability of the terms and conditions to your prior uses of the Application.

 

  1. RJIL has been granted a license by Department of Telecommunications, Government of India, which has been issued under section 4(1) of the Indian Telegraph act 1885 and consequently RJIL licensed to install and operate and provide the telecommunication services to User. You also acknowledge and confirm that You are enrolled as a Customer under the CAF of RJIL and confirm that You have read and understood the terms and conditions of CAF and agrees to abide by them at all times.

 

1.       Definitions

1.1     "Agreement" means the Terms and Conditions/ Terms of Service, privacy policy, CAF, and will include the references to this Agreement as amended, varied or replaced from time to time.

 

1.2    "Application" means as detailed in paragraph C above.

 

1.3     “Device(s)” which is including but not limited to any mobile phone, tablet, data card, Wi-Fi devices (only JioFi) electronic wearable’s, or other hand-held devices capable of using the Services after downloading the Application using the activated RJIL SIM.

 

1.4     "Reliance"/ "we"/ "us"/ "our"/ “RJIL” shall mean Reliance Jio Infocomm Limited or its successors and assigns.

 

1.5     Reliance Content – The Service contain content of Reliance on the Application including object code of the Application, features of services (including stickers, emoji’s, doodles), which is/are protected by copyright, trade mark, patent, trade secret and other laws, and Reliance owns and retain all rights in the Reliance Content or the Content is owned by third party content providers and licensed to RJIL (Except User Content).  

 

    1.6   "Service(s)" shall mean all services that Reliance provides to its User through the Application (to User having an activated Reliance SIM) including but not limited to (i) HD calling to third parties, (ii) Video Calling to third parties, (iii) rich communication service i.e. simultaneously sending text message, image, location, sketch/doodle with/during call to third parties, or file sharing with third parties, or chat services including group chatting (including emoji’s and stickers), (iv) Short Messaging Service (SMS) can be provided through any activated Subscriber Identity Module (SIM) in user devices as default messaging Application, and (v) any other services as may be added from time to time.

 

 1.7    "You"/ "User" shall mean the end user accessing the Application, Reliance Contents and using the Services offered by the Application.

 

 1.8    “Spam” is unsolicited bulk email, postings or instant messages, sms or call.[NA1] 

 

2.       Registration:

2.1     The Application is an IMS (IP Multimedia Subsystem or IP Multimedia Core Network Subsystem) integrated application for providing Services including sharing of User Content between users capable of receiving User Content on Device. In order to access the Application, You will have to download and install the Application on Device, using a RJIL activated SIM (Subscriber Identity Module) or have embedded preinstalled Application on the Device using a RJIL activated SIM on such Device.

 

2.2     If the Device has a RJIL SIM and the downloaded/ preloaded app, or the device is connected to the JioFi having a RJIL SIM [in which case the user has to initiate configuration of Application with the JioFi and complete the registration by using the one time password process], the application (with or without user clicking on the app) shall be automatically configured on the Device for Service usage by User. However, non-RJIL SIM customer may not be able to use the Application on their devices except for downloading the Application, unless the same is through a JioFi device having RJIL activated SIM.[AJ2] 

 

2.3     You are solely responsible for maintaining the confidentiality and security of your Device and your Content and for any and all activities that occur on or through your Device through the Application.

 

2.4     You agree to immediately notify RJIL of any security breach of your Device or Content. RJIL shall not be responsible for any losses arising out of the unauthorized use of User Content or device, or for any User Content sent through your Device using the Application.

 

2.5     You confirm and warrant that all the data and information supplied by You when You register for subscribing the Services, were provided by you (to RJIL) are true, current, complete and accurate in all respects.

 

2.6     Upon configuring the Application on your Device with an activated RJIL SIM card, You shall be able to access the Services. The Services may allow You to post User Content like profile information, status update, comments, and other content and/or information, location, and may seek permission to access your Devices camera, contacts, microphone, storage (example like pictures, document etc.) etc. to allow chatting, sharing/updating pictures or videos or files (i.e. User Content). The ownership over the User Content created by You remains with You; however, by sharing User Content through the Application, You agree to allow others to view, copy, save and/or share your User Content in accordance with Agreement.

 

2.7     You give RJIL express rights and consent to display your rating / review in relation to the Application, including making it available to other members for viewing. These features may change without notice to You and the degrees of associated information sharing and functionality may also change without notice.

 

2.8     At the time of installation of the Application on a Device or on an existing Device, the Application will require your permission to enable it to find the location of your Device, modify or delete SD (Secure Digital) card contents, read phone statistics and identity, mount and un-mount file systems, phone/SIM contacts, call logs, content, camera, sms, and other required Device data/permissions etc. to provide Service(s). You acknowledge that You are agreeable to providing such permissions, failing which, you may be restricted from using certain Services or part thereof.

         

2.9     You may not use our Services and/or Application if (i) You have been convicted of any child abuse offence or sex offence; or (ii) RJIL have previously terminated your account and advised You that You may no longer use our Services/Applications or (iii) if You are under the age of 18 years.

 

2.10   RJIL is free at its sole discretion to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication You may send to us ("User Feedback"), including responses to questionnaires or through postings to the Application and user submissions (directly or indirectly), without further compensation, acknowledgement or payment to You for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service offering on the Application or otherwise. Any feedback You provide to RJIL shall be deemed to be non-confidential. RJIL shall be free to use such feedback/information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) your feedback does not contain confidential or proprietary information of yourself or third parties; (ii) User is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) You are not entitled to any compensation or reimbursement of any kind from RJIL for the feedback under any circumstances.

 

2.11   By posting / submitting any User Feedback / User Content/ User submission on the Application, You grant RJIL a perpetual, worldwide, non-exclusive, royalty-free irrevocable, sub-licensable license and right in such User Feedback /User Content/ User submission to RJIL, including the right to display, use, reproduce, or modify the User Feedback / User Content/ User submission in any media, software or technology of any kind now existing or developed in the future. RJIL reserves the right to remove User Feedback / User Content/ user submission at sole discretion and/or upon on request of any third party, that such User Feedback / User Content/ user submission may create liability for RJIL or harm the reputation of RJIL or are offensive, inappropriate, defamatory, obscene or libellous in nature or in breach of applicable law.

2.12. Reliance reserve right to do analysis your usage patter and behaviour to develop better features and improve our Services to You, and You hereby grants Reliance the right to process your data both within and outside India for the same. Provided that Reliance shall insure adequate confidentiality obligation on processing your data; and provided further that Reliance shall maintain confidentiality of User Content and shall act in compliance with clause 3.5

 

2.13   Operators of public search engines have the permission to use functionalities like spiders to copy materials from the Application for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. RJIL reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion.

 

2.14   You agree not to collect or harvest any personally identifiable information, including account names, from the Application, nor to abuse the communication systems provided by the Application for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Application with respect to its user submissions.

 

2.15   You undertake that the Services (except Rich Communication Services) shall not be used for telemarketing/transactional purpose without a valid Telecom Regulatory Authority of India (TRAI) Telemarketer/transactional usage registration failing which RJIL shall be entitled to suspend / disconnect the Services as may be required by Department of Telecommunications, Government of India (DoT) or any other authorities from time to time. In case such Services is used for telemarketing/transactional messaging, You shall be liable to register & pay such charges as may be decided by the TRAI and RJIL.

 

 

3.       Registration for use of third-party applications

  1. RJIL can integrate certain third-party applications with the Application to enhance your experience of the Application usage and You shall be bound by the end user license agreement of such third party applications.

 

RJIL may in its sole discretion share data usage report with the 3rd party applications for providing better services.

 

[AJ3]       

Grant of License:

3.1     Software License: You hereby agree that all rights, title and interests in the Application vest with RJIL or its licensors. Subject to your strict and full compliance with the Agreement, RJIL hereby grants You a revocable, non-exclusive, non-transferable, non-sub-licensable, limited license, to download, install and use the Application as a User on Devices owned and controlled by You, and to access and use the Reliance Content and any Services only through the Application on such Devices, strictly in accordance with these terms and as per the subscription plan selected by You. The Application includes (i) the software application in object code form that You may access and download and the scripts, interfaces, graphics, displays, text, documentation and other components/ associated data and information made available to You as part of the software; and (ii) any updates, modifications, or enhancements to or any part thereof, as may be provided by RJIL.

 

3.2     Subject to your strict and full compliance with the Agreement, RJIL, hereby grants You a personal, limited, non-exclusive, non-transferable, revocable license to use the Reliance Content for your private and personal use through your Device having activated RJIL SIM card (including on wifi with such Devices) or through Jio-fi having a RJIL SIM.[AJ4] 

 

3.3     Except for the rights expressly stated herein, no other rights are granted to You with respect to the Application or the Reliance Content, either by implication, estoppel, or otherwise.

 

3.4     You represent and warrant that (i) You own the Content posted by on or through Services or otherwise have the right to grant the license set forth in this section. The posting and use of User Content on or through the Service does not violate the privacy right, publicity rights, copyright, contract rights, intellectual property rights or any other rights of any person (iii) the posting of User Content on Application does not result in breach of contract between You and a third party or breach of your obligation under any clauses of these terms and conditions. You agree to pay for all royalties, fees or any other monies owing any person by reason of User Content You post on or through the Services.

 

3.5     You agree that RJIL may at its sole discretion retain the User Content for the limited purpose of allowing the same to be shared with law enforcement agencies or for provision of Services to You.

 

3.6  You agree that RJIL has the right to use its or third party account (Google and Apple Store) for giving access to the Application and no objection in this regard from You shall be entertained. You also agree that such third party account used for providing access to the Application shall not make such third party liable, responsible, obligated to you in any manner whatsoever. You also agree that the relationship between RJIL and such third party account holder is not that of an agency, or a joint venture or a partnership etc.

 

4.       Terms of Accessing the Application and the Reliance Content:

 

4.1     The Application is merely intended as a means to initiate communication with your saved contacts or any other phone number, and receive communications from the same. However, You may note that voice calls and SMS can be exchanged with any number, capable of receiving such voice call and sms.  As regards the Video calls, the same can be done between RJIL SIM users. However, all other features can be used only with contact(s) who are also using the Application. The Application also allows a User to send the Device location to another user Device to know their approximate location (if the said feature is enabled on the Device). As regards the video calls, the same can be done between RJIL users having the video call facility.

 

4.2     Application and all Reliance Content, including all data or text, graphics, trademarks, logos, photographs, audio visual content, map details, directions/locations on the map, and other material made available through the Application constitutes material proprietary to RJIL or its content providers, and is protected by applicable intellectual property laws, and may not be used by You, except as permitted by RJIL and for an in relation to the Service. You agree that You may in your discretion use the Reliance Content while communicating with other users of the Application in accordance with these terms and conditions, and You assume all risks associated with use of the User Content with such other users, without any obligation towards RJIL.

 

4.3     You agree and acknowledge that by use of the Application, You do not acquire ownership in the Application or the Content.

 

4.4     RJIL may, in its sole discretion, and without any obligation or liability towards you, add or delete one or more feature from the Application, or any of your rights or authorizations at any time, without any notice to You. You agree to abide by the changes made under this provision.

 

4.5     Use of the Application requires: (i) compatible Internet enabled Devices, now known or later developed, and (ii) Internet access through Device. Further, certain software (fees may apply), in your Device or in the Application may require periodic updates and use of the Application along with its performance may be affected by the performance of these factors. The latest version of the Application is recommended to access the features of the Application as part of Service and may be required for accessing / using certain transactions or features of the Application. You agree that meeting these requirements of enabling periodical up-dates, which may be changed by RJIL from time to time, is your responsibility. You agree that for certain software or Application (fees may apply), for downloading the same on your Device. From time to time, and without prior notice to You, RJIL may provide updates of the Application, or may issue upgraded versions of the Application. However, RJIL shall be under no obligation to do so. All updates/upgrades provided by RJIL will be subject to these terms and conditions. You may also be liable for payment of any charges to the app store for downloading the application depending on the terms of use of the app store or the Device or otherwise as the case maybe.

 

4.6     The Application may contain the links or pointers to other websites but You should not infer or assume that RJIL operates, controls, or is otherwise connected with these other websites/links. When You click on a link within the Application, RJIL may not warn you that You have left the Application and are subject to the terms and conditions (including privacy policies) of another website. Please be careful to read the terms of use and privacy policy of any other website before You provide any confidential information or engage in any transactions. You should not rely on these Terms and Conditions to govern your use of another website. RJIL is not responsible for the content or practices of any other website even if it links to the Application and even if the website is operated by a company affiliated or otherwise connected with RJIL. You acknowledge and agree that RJIL is not responsible or liable to You for any content or other materials hosted and served from any website other than the Application.

 

    1. By using this Application, you acknowledge that the Application may be accessed through telecommunications/internet connection using RJIL SIM. You are responsible for the provision of, and payment for, telecommunications/internet services including, the relevant network or data charges, roaming charges or other costs or fees and for any other items of hardware or communications equipment necessary to enable You to access the Services. RJIL will not be responsible, for unavailability of the features of the Application due to disruption, unavailability, or failure in your telecommunications equipment or internet connection or other relevant services.

 

5.       Restrictions on use of the Application and the Content

5.1     You shall use the Application strictly in accordance with these Terms and Conditions, and shall not: (i) decompile, disassemble, reverse engineer or attempt to derive the source code of or in any manner decrypt the Application; (ii) make any modification, adaptation or improvement, enhancement, or derivative work from the Application or incorporate any portion of the software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service; (iii) violate any applicable laws or regulations including but not limited to copyright act, import and export control laws and regulations in connection with your access or use of the Application or the Reliance Content; (iv) remove or obscure any proprietary notice (including any notice of copyright or trademark) forming a part of the Application or the Reliance Content; (v) use the Application or the Reliance Content for any revenue generation endeavour, or any other purpose for which it is not designed or intended; (vi) install, use or permit the Application to exist on more than one Device at a time or on any other applicable device, other than by means of your separate downloads of the Application, each of which is subject to a separate license; (vii) distribute or link the services being provided to multiple devices, or other services; (viii) make available the Application over a network or other environment permitting access or use by multiple users at the same time or where it could be used by multiple devices at the same time, whether or not the same is for commercial use; (ix) use the Application for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with these terms and conditions; (x) use the Application for undertaking any hacking activities like breaching or attempt to breach the security of another user or attempt to gain access to any other person's computer, software or data without the knowledge and consent of such person; (xi) use the Application for creating a service or software that is directly or indirectly, competitive with the Application or any services offered by RJIL; or (xii) derive any confidential information, processes, data or algorithms from the Application ; (xiii) send spam or use your account to help others send spam.

 

5.2     You also expressly agree not to engage in any use or activity that (a) may interrupt, destroy, alter, damage, delay, or limit the functionality or integrity of the Application including that of, any associated software, hardware, telecommunications or wireless equipment; (b) may manipulate identifiers, or numeric information to disguise the origin of any user, device, material or other information; (c) may interfere with the proper working of the Application or prevent others from using the Application; or (d) may delete the copyright and other proprietary rights notices on the Application.

 

5.3     You agree not to use the Application for any activity relating to infringement of any intellectual property rights, including any trademarks, service marks, or trade names, privacy rights, personality rights, or any other proprietary rights of any third party.

 

5.4       By using our Services you hereby agree to ensure that the explicit prohibitions mentioned in section 5.5 are at all times adhered to.

5.5       You shall not host, display, upload, modify, publish, transmit, update or share any information which:

  1. Belongs to another person and to which you do 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 or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act 1986;
  3. Is misleading in any way;
  4. Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  5. Harassing or advocates harassment of another person;
  6. Involves the transmission of “junk mail”, “chained letters”, or unsolicited mass mailing or “spamming”;
  7. Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  8. Infringes upon or violates any third party’s rights (including, but not limited to, intellectual property rights, rights of privacy or rights of publicity);
  9. Promotes an illegal or unauthorized copy of another person’s copyrighted work;
  10. Provides instructional information about illegal activities such as making and/ or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  11. Solicits gambling or engages in any gambling activity which we in our sole discretion believe is or could be construed to be as illegal;
  12. Harms minors in any way;
  13. Violates any law for the time being in force;
  14. Impersonates another person;
  15. Contains software viruses or any other computer code, files or programs designed to interupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptiously intercept or expropriate any system, data or personal information;
  16. 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 cognizable offense or prevents investigation of any offense or is insulting any other nation.

 

 

 

5.5     Nothing contained herein shall be construed or implied to grant any right or license to use any trademarks, trade names, service marks or logos, which are a part of the Application or the Reliance Content, without the prior written consent of the owner of rights in such marks.

 

5.6     RJIL shall use reasonable efforts to make the features of the Application available to the users, at all times through the Application. However, the features are dependent over the internet, data and telecommunication networks and so the quality and availability of the same may be affected by factors outside Application’s control. Accordingly, RJIL does not accept any responsibility for unavailability of the Application’s feature, at any time. RJIL will not be responsible for any support or maintenance for the Application.

 

5.7       Application may contain advertising information or promotion material or other material submitted to RJIL by third parties and other content that links to third party websites. RJIL makes no representations whatsoever about any of these advertisements or websites. Since RJIL has no control over such advertisements or websites, you acknowledge and agree that RJIL is not responsible for the availability of such advertisements and is not responsible or liable for any content, products, services, or other materials on or available from such advertising. You expressly acknowledge and agree that use of third party advertisement is at your sole risk and that the entire risk of unsatisfactory quality, performance, accuracy and effort is with you. Your correspondence or business dealings with, or participation in promotions of advertisers including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Before relying on any advertising material, you should independently verify its relevance for your purpose, and should obtain appropriate professional advice. RJIL shall not be responsible nor be liable directly or indirectly for any loss or claim that You may have against an advertiser or any consequential damages arising on account of You relying on the contents of the advertisement. You acknowledge and agree that the use of any third-party advertisement is governed by such third party advertisement provider's Terms of Use, License Agreement, Privacy Policy, or other such agreement and that any information or personal data you provide, whether knowingly or unknowingly, to such third-party advertisement provider, will be subject to such third party advertiser provider's privacy policy, if such a policy exists. RJIL DISCLAIMS ANY RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF ANY THIRD PARTY ADVERTISEMENT. RJIL EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING WHETHER YOUR PERSONAL INFORMATION IS CAPTURED BY ANY THIRD PARTY ADVERTISEMENT OR THE USE TO WHICH SUCH PERSONAL INFORMATION MAY BE PUT BY SUCH THIRD PARTY ADVERTISEMENT

 

5.8     The Application may be pre-installed or downloaded through an online store/e-store as per the Terms and Conditions applicable for such download.

 

5.9    

5.9      You undertake and warrant that use of Application including the User Content must comply with requirements of the Telecom Commercial Communications Customer Preference Regulations, 2010 (as amended) and Guidelines for Telemarketer (as amended), as may be issued, from time to time by relevant authority and further with all such orders or directives issued thereof. You shall indemnify RJIL for and against all claims, losses and damage(s) suffered or incurred by RJIL on account of breach committed by You.

 

 

 

6.       Rights of RJIL:

6.1     RJIL, in its sole discretion, may terminate or suspend your access to the Application and/or its features(s) without any obligation to serve any prior notice and without any obligations or liabilities towards You or towards any third parties.

 

6..2    Upon your breach of these terms and conditions, the Policy, CAF or any other restrictions or guidelines of RJIL for use of the Application and/or accessing any of its features/Services, RJIL reserves the right to take any responsive actions which RJIL may deem appropriate. Such actions may include (but may not be limited to) termination of your subscription or immediate suspension or cancellation of your access to the Application or any and all features of the Application, without any obligation/ liability to RJIL.

 

6.3     RJIL may take any other legal or technical action against You that RJIL may deem appropriate, including any action against offenders to recover the costs and expenses of identifying them.

 

6.4     Upon cancellation of your Service access, RJIL will be authorised to delete any files, programs, data and email messages associated with your account/usage.

 

6.5     RJIL may directly or through third party service providers send information to You about the various Services offered by the RJIL from time to time.

 

6.6. When You install and use the Application, RJIL will collect personal information from You and any devices You may use in your interaction with our Application usage. This information may include e.g.: geo-location; Your IP address; device ID or unique identifier; device manufacturer and type; device and hardware settings; SIM card usage; applications installed on your device; ID for advertising; ad data, operating system; web browser; operator; IMSI; connection information; screen resolution; usage statistics; default communication applications; access to device address book; device log and event information; logs, keywords and meta data of incoming and outgoing calls and messages.

 

6.7     RJIL shall use aggregated or anonymized personal information for statistical and analytical purposes. We may come to share such data with third parties including third party app’s like Truecaller etc. We do not consider personal information to include information that has been made anonymous or aggregated so that it can no longer be used to identify a specific person, whether in combination with other information or otherwise.

 

6.8     RJIL may use any of the information collected, as set out above, to provide You with location and interest based advertising, marketing messaging, information and services. We may also use the collected information to measure the performance of our advertising and marketing services. RJIL may contact You for verification purposes or with information pertaining to the Application services or special offers, e.g. newsletter e-mails, SMS and similar notifications about our Application’s and our business partners’ products and services. We also use the collected information to respond to You when You contact us.

 

7          Indemnity:

You shall defend, indemnify and hold harmless, RJIL, its affiliates, any third party networks / infrastructure providers and their respective directors, officers, personnel, contractors and agents, for and against any and all claims, suits, judgment, losses, damages, cost and expenses arising or relating to your use of the Application or your breach of these terms and condition, CAF or the Policy or any other restrictions or guidelines provided by RJIL. This indemnification obligation will survive your use of the Application / Reliance Content.

 

8. Medium Of Communications To Users   

RJIL is not a broker or the agent of any User, and RJIL does not partake in the exchange of any kind of discussion between the User(s) or the results of their discussion/communication, as the case may be. User's are solely responsible for the communications (through any medium) with other user(s) or vice versa. RJIL expressly disclaims any responsibility or liability for any transaction(s) or exchange(s) or interaction(s) or passing of information(s) etc. between any User inter se via any Service or any other medium of communication between User(s) or otherwise. You hereby consent to receiving communication through any medium of communications such as Emails and /or SMS/Calls from RJIL. RJIL may not call You, if You are registered with the TRAI prescribed ‘Do Not Disturb’ / ‘National Customer Preference Register’, however, RJIL may send You email or by other means of communication, any message on to the Application suitably.

9. Dispute between Users

RJIL has no obligation, to monitor any dispute arising between the User(s) of the Application or User of Service, and RJIL/Application shall not be party to any such dispute/litigation etc.

10. Termination (Temporary and Permanent Disablement)

Unless otherwise provided in these Terms and Conditions, User may be terminated by RJIL without assigning any reasons by serving 7 days written notice. Upon termination / suspension of User, You shall not have the right to use or access the Application/Services, and your right to use the Application/Service shall cease immediately, without any liability to RJIL.

All provisions of this Terms and Conditions that by their nature should survive termination shall survive termination, including, without limitation, disclaimers, and limitations of liability. Termination of your access to and use of the Application/Services shall not relieve You of any obligations arising or accruing prior to such termination.

The Company reserves the right to suspend and/ or terminate your access to the Services in case of any non-adherence to these Terms and Conditions by you.

11.  Privacy of Membership/ Data Protection and Processing of Data

11.2 Unless otherwise provided in this Terms and Conditions, Application has taken reasonable steps to protect the Application User's privacy and shall take all reasonable efforts to protect any personal data provided to us through reasonable security safeguards against such risks as loss or unauthorized use, destruction, use, modification or disclosure of data etc.

11.3 Although Reliance will strive to safeguard the confidentiality of your personally identifiable       information/communication, any information transacted over the Internet cannot be made absolutely secure. You also agree that the copying the data by using technology or any other new methods of data misuse/theft cannot be secured by Reliance and that Reliance will have no liability for any such act. User understand and agree that Reliance will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties. You also agree to keep your username and password confidential, to avoid any misuse of your profile or the Application. Please read and comprehend our Privacy Policy, which also governs your visit to Application, to understand our practices.

11.4 Subject to clause 3 above, Reliance confirms that it has reasonable security features to protect your data, and maintain confidentiality of your data while using, converting, aggregating, storing, transferring, or processing your data. Reliance reserve right to use, aggregate, convert, analyse your data residing on RJIL servers for:

(i)         Clubbing/aggregating your de-identified data along with other customers data, in raw form, to identify, or to provide You Services;

(ii)        your usage patter of the Service to develop better features and improve our Services to You;

(iii)       share your de-identified/aggregated data with value added service providers, for marketing purposes including commercial use of the data for billing related to Services or otherwise;

You hereby grant Reliance the right (both within and outside India) to use, own, convert, aggregate, store, transfer, or process your data.

 

12      Disclaimer of Warranties:

12.1 THE APPLICATION AND ALL ITS FEATURES, IS PROVIDED ON AN “AS-IS” AND “WITH ALL FAULTS AND RISKS” BASIS, WITHOUT WARRANTIES OF ANY KIND. RJIL DOES NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE ACCURACY OR RELIABILITY OF THE APPLICATION OR ANY CONTENT OR ITS SUSTAINABILITY/SUITABILITY FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, RJIL DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE APPLICATION OR ANY FEATURE THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY FEATURE WILL BE AVAILABLE THROUGHOUT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RJIL DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION WILL RESULT IN COMPLIANCE, FULFILLMENT OR CONFORMITY WITH THE LAWS, REGULATIONS, REQUIREMENTS OR GUIDELINES OF ANY GOVERNMENT OR GOVERNMENTAL AGENCY.

 

12.2 To the maximum extent permitted by applicable law, RJIL provides no warranty on use of the Application and shall not be liable for the same under intellectual property rights, libel, privacy, publicity, obscenity or other laws. RJIL also disclaims all liability with respect to the misuse, loss, modification or unavailability of any feature of the Application.

 

12.3   Application shall connect / reproduce the User Content on "as is where is" basis to/from other users, and User shall be solely liable for the information given by such User/sender. Hence, parties agree that the Application (including the Service) act's as an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000 (as amended).

 

13      Limitation of Liability:

13.1 YOU ASSUME THE ENTIRE RISK OF USING THE APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RJIL BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE OR ACCESS, THE APPLICATION OR FOR ANY SECURITY BREACH OR ANY VIRUS, BUG, UNAUTHORIZED INTERVENTION, DEFECT, OR TECHNICAL MALFUNCTIONING OF THE APPLICATION, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT RJIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT, OF OR IN CONNECTION WITH, YOUR USE OF, OR ACCESS TO, THE APPLICATION OR THE CONTENT. FURTHER, RJIL SHALL NOT BE LIABLE TO YOU FOR ANY TEMPORARY DISABLEMENT, PERMANENT DISCONTINUANCE OR MODIFICATION OF THE APPLICATION BY RJIL OR FOR ANY CONSEQUENCES RESULTING FROM SUCH ACTIONS.

 

13.2 RJIL’S AGGREGATE LIABILITY (WHETHER UNDER CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) AND THAT OF ITS AFFILIATES SHALL BE LIMITED TO RUPEES HUNDRED ONLY.

 

14      Governing Law:

These terms and conditions are governed and construed in accordance with the laws of India. The courts in Mumbai shall have exclusive jurisdiction to hear disputes arising out of these terms.

 

15      Force Majeure:

RJIL shall be under no liability whatsoever in the event of non-availability of any portion of the Application or subscribed Content occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure or any other cause whatsoever beyond the control of RJIL.

 

16.       Grievances:

If You have any complaints or concerns with regards to content or to report any abuse of applicable laws, breach of Terms of this Application, or any content of this Application is in violation of your rights or the services through the website 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:

 

  1. Sending a request in writing or through email signed with electronic signature identifying the content alleged to be in infringement of your rights as the rightful owner or affecting You prejudicially; email: grievance.officer@jio.com

 

  1. Phone No: 022-44753820

The name of the Grievance officer is [__Radha Nair___] [NA5] and are available between 10:30 AM till 6 PM Monday to Friday (except bank Holidays in Mumbai).

 

 

In the event You come across any concerns in our service, then please be free to contact us:

Email ID: care@jio.com

 

18.     Waiver:

Any failure by RJIL to enforce these terms and conditions for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time.

 

 

19.     Severability:

If any of the provisions of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that part of the terms and conditions will be deemed severable and will not affect the validity and enforceability of any remaining provisions of these terms and conditions.

 

20.     Entire Agreement:

These terms and conditions including the Policy, and CAF, as amended from time to time, constitutes the entire agreement between the parties and supersedes all prior understandings between the parties relating to the subject matter herein.

 

21.   Complaint of misuse

In the event Reliance get a complaint against You, We retain the right to suspend / delete your access to the Application including suspending/deleting your profile in good faith, then Reliance shall not be liable to You in any manner whatsoever, including for any loss, costs, damages, expenses, or consequence, if any, even if Reliance has been advised of such possibility. We also reserve the right to initiate appropriate legal action (civil or criminal, as the case may be) against You for and in relation to the said compliant or otherwise.

 

Last Updated: 3rd August, 2021

 

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