1. This mobile application and other related documentation are licensed by Reliance Industries Limited and/or its affiliates (“RIL”, “Company”, “we” or “us”), having office at 3rd Floor, Maker Chambers IV, 222 Nariman Point, Mumbai – 400021, to use only to the user (“you / your”) who access or download or avail the Application in accordance with the terms of this End User License Agreement (“EULA”).
2. This EULA is an electronic record under Information Technology Act, 2000 and the rules there under as applicable and as amended time to time pertaining to electronic records under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures. This is a binding agreement between Reliance Industries Ltd (“RIL” or “Company” or “us” or “we”) and you.
5. For the purpose of this EULA:
5.1 "Application" means the mobile application made available to
(i) initiate communication with your saved contacts; and
(ii) receive communications from other users of the Application.
5.2 "Services" means
(i) provision of Application for initiating and receiving communication with your saved contacts;
(ii) know approximate location of your saved contacts subject to such contact enabling the features of the Application;
(iii) receiving short messaging services (“SMS”) from others users of the Application;
(iv) HD quality video calling to users of the Application or such users of JioVideo Call application made available by the Company to JioPhone users;
(v) access to third party services through their partnered channels
(vi) and any other services as may be made available from time to time by the Company.
5.3 “Content” shall include all visual works, including all interactive content, texts, photographs, stickers etc., made available to you through the Application. The Content is owned by the Company or by third party content providers and licensed to the Company. Subject to your strict and full compliance with the EULA, the Company, hereby grants you a personal, limited, non-exclusive, non-transferable, revocable license to use the Content for your private and personal use through your Device.
6. In order to access the Application, you will be required to
(i) download and install the Application on your smart phone powered by Android/iOS; or
(ii) use the Application installed in “JioPhone”, being the phone marketed under the said name and offered by Reliance Retail Limited as per specifications and together with specified accessories as provided on the website ‘www.jiophone.com’ (“JioPhone”).
8. Modifications of T&C: The Company reserves the right to change the EULA under which the Services are offered, including but not limited to the charges, if any, associated with the use of the Services. This EULA may be further modified based on changes in the business, legal and regulatory requirements and will be updated online. We will make all efforts to communicate any significant changes to this EULA to you. You are encouraged to periodically visit this page to review the EULA and any changes to it.
9. Modification of Services: The Company reserves the right to add, modify or delete any content or features available in the Services at any time at its sole discretion.
10. The Services offered by the Application are intended solely for the purpose of initiating and receiving communication with your saved contacts and such other services mentioned under Services. Unless otherwise specified, the Application is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or Services obtained from the Application.
11. The Application may contain links to or feeds from other web sites/applications ("Linked Sites"). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site or any information transmitted on a Linked Site. The inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.
12. Any dealings with third parties (including advertisers) included within or available via a link from the Application or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. The Company shall not be responsible or liable for any part of any such dealings or promotions.
13. The Application is owned by RIL or by a third-party and licensed to RIL. Subject to your strict and full compliance with the EULA, RIL, hereby grants you a personal, limited, non-exclusive, non-transferable, revocable license to use the Application for your private and personal use. As a condition of your use of the Application, you warrant to the Company that you will not use the Application for any purpose that is unlawful or prohibited by this EULA. You may not use the Application in any manner which could damage, disable, overburden or impair the Services.
14. You are not entitled to use any kind of measures, mechanisms or tools (software or hardware) that could interfere with the functioning of the Application, the Jio Device or any of the Services thereunder.
15.1. THE COMPANY AND/OR ITS RESPECTIVE AFFILIATES MAKES NO REPRESENTATIONS ABOUT THE COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE AND SERVICES CONTAINED ON THE APPLICATION FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
15.2. YOU SPECIFICALLY AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATION.
15.3. YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY SERVICES SENT USING AND/OR INCLUDED IN THE APPLICATION BY ANY THIRD PARTY.
15.4. THE COMPANY DOES NOT GUARANTEE COMPATIBILITY WITH ALL OPERATING SYSTEMS, SMART PHONES, NETWORKS, INCLUDING ALL VERSIONS OF THEM. THE USE OF THE SMART PHONE, SITE, AND SOFTWARE, AND AUTOMATIC UPGRADES OF THE SOFTWARE, MAY REQUIRE UPGRADES TO COMPUTER OR SMART PHONE OPERATING SYSTEMS, NETWORKS, AND APPLICATION SOFTWARE.
15.5. ANY REQUIREMENTS FOR THE FUNCTIONING OF THE APPLICATION ON YOUR PHONE OR DEVICE, SUCH AS SUFFICIENT BATTERY BACK UP, INTERNET NETWORK STRENGTH ETC. IS YOUR SOLE RESPONSIBILITY.
15.6. IN NO EVENT SHALL THE COMPANY AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR OR IN RELATION TO THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE AND SERVICES OBTAINED THROUGH THE APPLICATION, OR OTHERWISE ARISING OUT OF THE USE OF, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
16. The Company reserves the right to blacklist, disable and terminate that user from further using the Application or its Services. If the Company disables access to your account in accordance with the EULA (for example if you violate any applicable terms), you may be prevented from accessing the Application, your account details and/or any files and/or other Services that is stored with your account. The Company reserves the right, at its sole discretion, to terminate your access to any or all Services of the App and the related Services or any portion thereof at any time, without notice.
17. Registration: A user availing the telecommunication services of Reliance Jio Infocomm Limited, may use the Application without any further requirement of logging in. You promise to provide us with accurate, complete, and updated registration information about yourself, where ever necessary. You may not transfer your account to anyone else without our prior written permission.
18. Accuracy of Information: You agree that the information entered by you while profile creation/updation or using any of Services is true, current, complete and accurate in all respects. The Company is not responsible for any losses arising out of discrepancy in your data. You are solely responsible for maintaining confidentiality and security of your user account and for all activities that occur on or through your user account. The Company is not responsible for any losses arising out of the unauthorized use of your user account.
19. Use Restriction: You must not access the Application if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service or any Services under the laws of India.
20. RIL 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, 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 RIL’s service offering including Application. By posting / submitting any User Feedback / user content/ user submission on the Application, You grant RIL a perpetual, worldwide, non-exclusive, royalty-free irrevocable, sub-licensable license and right in such User Feedback /user content/ user submission to RIL, 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. RIL 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 RIL or harm the reputation of RIL or are offensive, inappropriate, defamatory, obscene or libelous in nature.
21. Third-Party Fees: You may incur access or data fees from third parties (such as your internet provider or mobile carrier) in connection with your use of Services and of Application. You are solely responsible for all such fees. In other words, the Company is not responsible for such fees, availability or non-availability of any third-party services and any corresponding loss of Services.
22. Updates: You may need to install updates to the Application or related software that we introduce from time to time to use of the Application. Services originating from the Application may communicate with the servers from time to time to check for available updates to the Services and to the functionality of the Application, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Services you have installed requires that you have agreed to receive such automatically requested Updates. The terms of this EULA will govern any Upgrades, updates, modifications or enhancements to the Application.
23. Where you download the Application on a device and from an application store of any specific operating system, you shall be obligated to adhere to all the terms and conditions of the use of such device, the terms and conditions of the relevant application store maintained by such operating system, in addition to this EULA. For avoidance of any doubt, the Company shall not be responsible for any losses arising out of or in connection with this EULA for any failures, acts or omissions by you of the Application to comply with the terms and conditions for the use of such device.
24. The Company or all the right holders in/of the Application and/or your smart phone/tablet/JioPhone, as the case may be, own title, interest and rights, including all related intellectual property rights, in/of the Application and/or your smart phone/tablet and the user acknowledges that such ownership shall include all intellectual property rights arising from any suggestions, enhancement requests, recommendations or other information provided by the user, whether in the course of use of the Application, your smart phone/tablet or otherwise.
25. Where any particular term or provision of this EULA is determined under applicable law to be un-enforceable, such un-enforceable term(s) shall be severed from and will not affect any other terms and conditions. The Company reserves the right to substitute any such un-enforceable term or provision with a suitable and enforceable provision at its sole discretion.
26. All disputes shall be governed under the laws of India and are subject to the jurisdiction of the Courts of Mumbai only.27. If you have questions or concerns about this policy, please contact at email@example.com.
Last Updated: 1st August, 2018. Copyright © 2018, RIL. All rights reserved.