Terms & Conditions for JioChat

1 SCOPE

1.1 JioChat is a mobile based application (“Application”) provided by Jio Platforms Ltd. and/or its affiliates (“JPL”, “Company”, “we” or “us”), having office at Office-101, Saffron, Near Centre Point, Panchwati 5 Rasta, Ambawadi, Ahmedabad-380 006, Gujarat, India.

1.2 This Application is designed and made available by the Company and/or its affiliates to provide its users services such as (i) provision of Application for initiating and receiving communication with your saved contacts; (ii) sharing their location with other users through the Application; (iii) certain other services including third party service of sending traditional messaging services (iv) HD quality video calling to users of the Application or such users of JioVideoCall application made available by the Company to JioPhone users; (v) access to third party services through their partnered channels (“Channel Section”) (vi) access to content of third parties (“Stories Section”) and (vii) any other services as may be made available from time to time by the Company (“Services”) on any compatible smart phones powered by iOS, Android iOS, and KaiOS (“Device”)..

1.3 Your (“you”, “your” or “user”) use of the Application is subject to these Terms and Conditions (“Terms”).

1.4 Your use of the Application on the Device requires that you agree to these Terms and the privacy policy of the Application. By downloading the Application and by registering or signing up to the Application, or otherwise having access to, receiving, and/or using the Application, you acknowledge to have read, understood and you consent to be governed and bound by these Terms and the privacy policy of the Application. If you do not understand the Terms or the privacy policy of the Application, or do not accept any part of them, then you should not use the Application.

1.5 The Terms 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. This electronic record is generated by a computer system and does not require any physical or digital signatures.

2 PRIVACY AND PROTECTION OF PERSONAL INFORMATION

2.1 Please refer to the privacy policy of the Application available here. https://jiochat.com/condition/privacy.html

2.2 Please note that your use of the Application or Services on your Device and download thereof from Google play store/Apple app store may be subject to the respective privacy policies as may be published or made available by the Device and Google play store/Apple app store.

3 MODIFICATIONS

3.1 Modifications of the Terms: The Company reserves the right to change the Terms under which the Services are offered, including but not limited to the charges, if any, associated with the use of the Services. The Terms may be further modified based on changes in the business, legal and regulatory requirements and will be updated online. We will notify you whenever any change to the Terms and Conditions are made. You are encouraged to periodically visit this page to review these Terms and any changes to it.

3.2 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.

4 LINKS TO THIRD PARTY SITES AND APPLICATIONS

4.1 The Application may contain links to 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.

4.2 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.

4.3 You acknowledge and agree that the use of any Linked Sites is governed by such third party’s terms of use, license agreement, privacy policy, or other such agreement. THE COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF ANY THIRD PARTY. THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO YOUR PERSONAL OR OTHER INFORMATION THAT MAY BE COLLECTED, PROCESSED, SHARED OR RETAINED BY ANY THIRD PARTY

5 INTELLECTUAL PROPERTY RIGHTS

5.1 The Company shall own title, interest and rights, including all related intellectual property rights, in/of the Application (to the extent of that the content is provided and owned by the Company) including but not limited to object code of the Application, features of services, which is/are protected by the applicable laws except the content owned by the user. You acknowledge 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 Device or otherwise.

6 USE LIMITATIONS

6.1 Services offered by the Application are intended solely for the purpose of availing Services provided by the Application. You may not distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or Services offered by the Application.

6.2 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 these Terms. You may not use the Application in any manner which could damage, disable, overburden or impair the Services or interfere with any other party's use and enjoyment of the Application.

6.3 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 or any of its Services.

6.4 You may not use the Services and/or Application if
(i) you have been convicted of any offence under applicable law; and/or
(ii) If you are under the age of 18 years. If you are not 18 years old, then you may only use the Application or Services if your parents and/or legal guardians have accepted these Terms on your behalf;

6.5 You agree that you will not upload on the Services, any Content that is contrary to the Terms and the Company’s content guidelines, the Privacy Policy, or any other policy of Company, as updated from time to time, or that is contrary to applicable laws and regulations. If any such Content is uploaded on the Services and in your account in any manner and for any reason whatsoever, you shall ensure that such Content is deleted from the Services and your account immediately.

7 CONTENT IN THE SERVICES

7.1 You agree and acknowledge that all information such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images ("Content") which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such Content originated.

7.2 The Company reserves the right (but shall have no obligation) to flag, filter or remove any or all Content from any Service. Before removing any Content from the Application, the Company shall provide you with a notification explaining the action being taken and the grounds and reason for such action. You shall within 2 (two) days of receiving such notification give your response or reasons in writing to the grievance redressal officer mentioned below.

7.3 You agree and acknowledge that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

7.4 You agree that you are solely responsible for and that the Company has no responsibility to you or to any third party for any Content that you create, transmit or display while using the Services.

7.5 The part of the content which is provided through the "Channel section" of the Application is provided by third parties. The Company does not aggregate or curate the content made available under the "Channel section". The part of the content which is provided through the "Stories section" of the Application is provided by third parties and/or its affiliates and are governed by the terms and conditions of the respective third party and/or the affiliate providing such content. The Company does not aggregate or curate the content made available under the "Stories section". You are encouraged to refer to the terms and conditions of such third parties and/or affiliate including but not limited to JioNews, JioTv+ and JioCinema for content made available by them through the Application.

8 USER NAMES AND PASSWORDS

8.1 You may be required to register in order to access Application using the means and methodology as provided by the Company from time to time

8.2 You are responsible for maintaining the confidentiality of any password you use to access the Application and you agree not to transfer such passwords or user names or lend or otherwise transfer your use or access to the Application to any third party. You agree to notify us of any unauthorized use of your passwords or user names or any other breach of security related to your account of which you become aware. You are fully responsible for all use of the Application and any Services that occur in connection with your user name, except to the extent that any unauthorized use is not caused by any breach of your obligations under these Terms.

9 GENERAL

9.1 By using our Services you hereby agree to ensure that the explicit prohibitions mentioned in section 9.3 are at all times adhered to. The Company may use and/ or develop advanced technologies to detect any misuse of our Services. The Company reserves the right to use and/ or develop automated means and/ or systems to improve our ability to detect and/ or remove any prohibited content that may be in violation of the applicable law and/ or may harm the integrity of our Services.

9.2 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.

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

a) Belongs to another person and to which you do not have any right to; b) Is obscene, pornographic, paedophilic, invasive of another’s privacy,including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence; c) is harmful to child; d) infringes any patent, trademark, copyright or other proprietary rights; e) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify; f) impersonates another person; g) 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 other nation; h) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; i) is in the nature of an online game that is not verified as a permissible online game; j) is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game; k) violates any law for the time being in force;

9.4 Services may be made available for free of cost or for a specified cost as may be decided by the Company from time to time.

9.5 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.

9.6 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.

9.7 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.

10 LIABILITY DISCLAIMER

10.1 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.

10.2 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.

10.3 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.

10.4 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.

10.5 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.

10.6 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.

11 TERMINATION (TEMPORARY AND PERMANENT DISABLEMENT)

11.1 Unless otherwise provided in these Terms, the Services offered to you may be terminated by the Company at any time at the sole discretion of the Company. Upon termination / suspension, you shall not have the right to use or access the Application/Services.

11.2 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.

12 GOVERNING LAW AND DISPUTE RESOLUTION

12.1 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.

13 FORCE MAJEURE

13.1 The Company 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, manmade disaster, infrastructure failure or any other cause whatsoever beyond the control of the Company.

14 SEVERABILITY

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

15 CONTACT DETAILS

Mrs. Radha Nair,
Reliance Corporate IT Park, TC-22,
Thane Belapur Road, Ghansoli,
Navi Mumbai 400701
Email id: grievance.officer@jio.com

Last Updated: 1st December, 2023. Copyright © 2023, JPL. All rights reserved.