PART - I - APP TERMS AND CONDITIONS:
1. INTRODUCTION: Welcome to JioNet mobile
application ("App"). This App is provided, maintained and published by or on
behalf of Reliance
Jio Infocomm Limited ("RJIL" or "We" or "Us") for the subscriber ("you"). By
downloading or otherwise accessing the App you agree to have read, understood
and be bound by:
- Part- I - App Terms and Conditions ("Terms");
- Part- II - RJIL Internet Acceptable Usage Policy ("AUP");
- Part- III - RJIL Privacy Policy and
- Part- IV - General Terms applicable to the Policies.
(All Together
"Policies")
If you have any queries about the App or
these Policies, you can contact Us at care@jio.com .If you do not agree with
these Policies, you should stop using the App immediately.
2. GENERAL RULES: The App is made
available for your own, personal use only. The App must not be used for any
illegal or unauthorized purpose. When you use the App you must comply with all
applicable Indian laws and with any applicable international laws, including
the local laws in your country of residence (together referred to as
"Applicable Laws").
3. MARKS: The trademarks,
service marks, and logos ("Trade Marks") contained on or in the App are owned
by RJIL or its affiliates or third party partners of RJIL. You cannot use,
copy, edit, vary, reproduce, publish, display, distribute, store, transmit,
commercially exploit or disseminate the Trade Marks without the prior written
consent of RJIL.
4. THIRD PARTY WEBSITES: The App may contain
links to websites operated by third parties ("Third Party Websites"). RJIL does
not have any influence or control over any such Third Party Websites and,
unless otherwise stated, is not responsible for and does not endorse any Third
Party Websites or their availability or contents.
5. SERVICE SUSPENSION: RJIL
reserves the right to suspend or cease providing any services relating to the
App published by it, with or without notice, and shall have no liability or
responsibility to you in any manner whatsoever if it chooses to do so.
6. ADVERTISERS IN THE
APP:
We accept no responsibility for advertisements and/or promotional materials
contained within the App and/or provided through the App. If you agree to
purchase goods and/or services from any third party who advertises through the
App, you do so at your own risk and responsibility. The advertiser and/or
related third party, not RJIL, is answerable and/or responsible for such goods
and/or services purchased by you and if you have any queries or complaints in
relation to them, your only recourse is against the advertiser and/or related
third party.
7. RJIL reserves the
right to update these Terms and/or Policies from time to time. If it does so,
the updated version will be effective immediately, and the current Terms and/or
Policies are available through a link in the App to this page. You are
responsible for regularly reviewing these Terms so that you are aware of any
changes to them and you will be bound by the new Policies upon your continued
use of the App. No other variation to these Terms and Policies shall be
effective unless in writing and signed by an authorised representative on
behalf of RJIL.
8. USE OF THE APP IS AT
YOUR OWN RISK. THE APP IS PROVIDED ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT
PERMITTED BY LAW: (A) RJIL DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING
IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP;
AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP
(WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT
LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS,
SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE,
AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET
ENJOYMENT AND TITLE ARE, AS BETWEEN RJIL AND YOU, HEREBY EXCLUDED. IN
PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY
FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR
INJURY TO YOU AND/OR USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO
THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
PART - II - RJIL INTERNET ACCEPTABLE USAGE
POLICY ("AUP")
This document is a written binding agreement
and an electronic record under Information Technology Act, 2000 and rules there
under as applicable and the amended provisions pertaining to electronic records
in various statutes under applicable Indian laws. This electronic record is
generated by a computer system and/or a mobile application and does not require
any physical or digital signatures.
This is a standing offer of an agreement from
Reliance Jio Infocomm Limited ("RJIL") to the subscriber ("you) which you have
which you may or you have deemed to have read, understood and accepted by registering
with RJIL and/or downloading or otherwise accessing the App, by accepting this
AUP or using the App and/or Services and therefore thereby are a binding
written contract between you and RJIL. The internet (Wi - Fi) service of RJIL is
made available to you through the mobile App ("Services"). By making available
the Services, RJIL is merely acting as a passive conduit to facilitate the
publishing or transmission of the information, data or content by the users of
Services and therefore RJIL is an intermediary under the Information Technology
Act, 2000 as amended and the relevant rules made thereunder. This AUP is deemed
to be published and shall be construed in accordance with the provisions of
Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules,
2011 under Information Technology Act, 2000 that require publishing the rules
and regulations, privacy policy and user agreement for access or usage of
Services. The Services are made available through the telecommunication service
network of RJIL which may include certain network elements and/or backhaul
services / infrastructure of third parties ("RJIL Network"). You shall be
deemed to be the 'originator', 'publisher' and/or 'transmitter' of all the
data, information or content published or transmitted through your account or
under your control or supervision on or through RJIL Network. This AUP is
supplement by a Privacy Policy which is attached herewith. The experience,
results or finding of your using the Services shall be the confidential
information of RJIL and shall not be shared or disclosed to any third party
except where required under any applicable laws. By subscribing to and/or using
the Services and/or RJIL Network, you hereby agree as under:
- You shall neither use Services nor undertake any activity including the publishing,
transmission, storage or distribution of any data, information or content using
Services that hinder the efficient operation of RJIL Network, interfere with
the rights of other users or violates any law or regulation or industry code of
practice including but not limited to any violation of local and international
laws prohibiting child pornography, obscenity, blasphemous, paedophilic,
libelous, discrimination (including racial, economic strata, country, language,
gender or religious slurs) and hate speech, speech designed to incite violence
or hatred and threats to cause bodily harm and/or relating to or encouraging
money laundering or gambling or indulging in cyber terrorism. You must take
appropriate precautions to prevent minors from accessing or receiving any
content you have published that may be inappropriate for them. Without
prejudice to the other terms of this AUP, you shall be extremely careful and
sensitive towards women and children while using the Services and shall not breach
any laws towards the welfare, security, safety, integrity, privacy and
protection of women and children and particularly you shall not indulge in
"indecent representation of women" within the meaning of the Indecent
Representation of Women (Prohibition) Act, 1986 and harm minors in any way
including in violation of The Protection of Children From Sexual Offences Act,
2012. The Service must not be used to obtain or attempt to obtain unauthorized
access to any computer, system or network including accessing, monitoring or
using any data, systems or networks, probing, scanning or testing the
vulnerability of a system or network, breaching any security or authentication
measures for a system or network, accessing the account or private information
of any other person or entity or accessing any server in violation of any
acceptable use policy of that server. The Service must not be used for any
activity designed to infringe any intellectual property rights, privacy rights,
personality rights or intellectual property, privacy and personality laws
including materials protected by local and international copyright, trademarks,
patents and trade secrets or defame abuse, stalk, harass or physically threaten
any individual in India or beyond its borders including any attempt to link to,
post, transmit or otherwise distribute any inappropriate or defamatory
material. RJIL reserve the right to block access to, to disable, remove, or to
refuse to post any content, in whole or in part, that RJIL, in its sole
discretion, deem to be offensive, indecent, or otherwise inappropriate
regardless of whether such content or its dissemination is unlawful. This
includes without limitation obscene material, fraudulent or deceptive
statements, threatening, intimidating or harassing statements, or material
which violates the privacy rights or intellectual property rights of others, or
is likely to be defamatory of another person or otherwise violates any
applicable laws. The Services must not be used 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. Any activity which in any way
threatens the security of the network by knowingly posting, transmitting,
linking to or otherwise distributing any information or software which contains
a virus, trojan horse, worm, malware, botnet or other harmful, destructive or
disruptive component or use (or attempt to use) the service in a manner that
may interfere with the technical operation of the service or any other
computer, system, network or telecommunications services, including without
limitation denial of service attacks,
flooding of a network, overloading a service, improper seizing and abuse of
operator privileges and attempts to 'crash' a host. You must not use the
Service to spam, send bulk and/or unsolicited messages. You shall not deceive
or mislead the addressee/ users about the origin of the messages, data or
information sent or originated by you on or through RJIL Network. You are
responsible for any misuse of Services that occurs through your user account or
under your control or supervision. It is your responsibility to ensure that unauthorized
persons do not gain access to or misuse Services and you are solely responsible
for the security of any device you choose to connect to the service, including
any data stored on that device. Notwithstanding anything contrary contained
herein, under no event, RJIL, its affiliates and its third parties shall have no
obligation or duty to screen or monitor the data, information or content
published or transmitted by you or any other person using Services and RJIL,
its affiliates and its third party shall not be responsible for such data,
information or content. RJIL in its sole discretion may terminate or suspend
the Services without any obligation to serve any prior notice. Upon your breach
of this AUP, RJIL reserves the right to take any responsive action RJIL deem
appropriate. Such actions may include (but are not limited to) temporary or
permanent removal of content and content publishing capabilities, filtering of
Internet transmissions and the immediate suspension or cancellation of all or
any portion of the Service made available to you. RJIL may take any other
legal or technical action RJIL deem appropriate, including taking action
against offenders to recover the costs and expenses of identifying them. Upon
cancellation of your Services, we are authorized to delete any files, programs,
data and email messages associated with your account/usage. RJIL reserves the
right to amend this AUP and Policies at any time and notify you by
communicating the changes to you on the contact details provided by you or in
any other manner which signifies notification to you. DISCLAIMER OF WARRANTIES
AND LIMITATION OF LIABILITY: THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "WITH
ALL FAULTS AND RISKS" BASIS, AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM
EXTENT PERMITTED UNDER LAWS, RJIL DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR
IMPLIED INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE. YOU UNDERSTAND THAT ACCESSING THE INTERNET OR TELECOMMUNICATION SERVICES
MAY BE HARMFUL OR CAUSE LOSSES, INJURY OR DAMAGES TO YOU AND OTHER PEOPLE THAT
MAY ACCESS SERVICE THROUGH YOU, OR YOUR EQUIPMENT AND OTHER TANGIBLE AND
INTANGIBLE PROPERTIES.
PART - III - GENERAL TERMS APPLICABLE TO THE
POLICIES
- The
indemnification obligation, disclaimer of warranties, limitation of liability
and governing law shall indefinitely survive any expiry or early termination of
the Services, the App and/or the Policies.
- You
shall indemnify and hold RJIL, its affiliates, its third party network /
infrastructure provider and their respective directors, officers, personnel,
contractors and agents harmless for and against any and all claims (whether
third party or counter-party), suits, judgment, losses, damages, cost and expenses
arising or relating to your usage of the Services, the App and/or from your
breach of the terms of the Policies.
- NOTWITHSTANDING
ANYTHINIG CONTRARY CONTAINED HEREIN, IN ANY EVENT, RJIL SHALL NOT BE LIABLE FOR
ANY CONSEQUENTIAL, INCIDENTIAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE
DAMAGES OR LOSSES INCLUDING LOSS OF OR DAMAGE TO DATA, LOSS OF GOODWILL, LOSS
BUSINESS, REVENUE AND PROFITS, EVEN IF RJIL HAS BEEN ADVISED OF SUCH DAMAGES OR
LOSSES AND THAT RJIL SHALL NOT BE HELD LIABLE FOR ANY CLAIMS, LOSSES, ACTIONS,
DAMAGES, SUITS OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO ANY
SERVICES , THE APP AND RJIL NETWORK AND TOTAL AGGREGAGE LIABILITY OF RJIL FOR
ALL CLAIMS UNDER THE POLICIES, RELATING TO THE SERVICES, THE APP AND RJIL
NETWORK (INCLUDING FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE) SHALL IN NO
EVENT EXCEED INDIAN RUPEES ONE HUNDRED ONLY.
- The
Policies shall be governed by the laws of India without giving effect to
principles of conflict of laws and all disputes and differences hereunder shall
be subject to the sole and exclusive jurisdiction of the courts situated at
Mumbai, State of Maharashtra, Republic of India. The usage of Service and the
App is personal to you and you shall not assign or transfer this right to any
third person. The Policies contain the entire understanding and supersedes all
prior understandings between the parties relating to the subject matter herein
and the Policies cannot be changed except in a writing or changed by RJIL in
the manner as provided in these Policies. Any failure by us to enforce these
Policies, for whatever reason, shall not necessarily be construed as a waiver
of any right to do so at any time. If any portion of any of the Policies is
held invalid or unenforceable, that portion will be construed consistent with Applicable
Law as nearly as possible, and the remaining portions will remain in full force
and effect.
- All
the capitalized words used in the Policies shall have the meaning as defined in
the respective Policy and shall apply to all the Policies.
- In
accordance with the Applicable Laws, for any grievance, including under the
Policies, you may reach the grievance officer of RJIL at care@jio.com .