End User License Agreement for the JioSwitch APP
This End User License Agreement (as amended from time to time) (“EULA”) for JioSwitch App comprise of the following:
Part – III (General Terms)
Part – IV (Terms applicable to Open Source Software)
(each of the aforesaid is individually referred to as “Policy” and collectively as “Policies”)
This EULA 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 does not require any physical or digital signatures.
This EULA is a standing offer of an agreement from Reliance Retail Limited (“Reliance/We”) to an individual subscriber (“ You”) which You have, which You may or You have deemed to have read, understood and accepted by registering with Reliance by accepting this EULA by clicking “I Accept” or otherwise having access to, receiving, and/or using the JioSwitch application (including access to the content in the application from time to time) ("JioSwitch App") and thereby is a binding written contract between You and Reliance.
By opting for JioSwitch service You agree to be bound by the EULA. This service can be rendered by Reliance and their respective parents, subsidiaries, affiliates, agents, employees, successors and assigns.
If You are under the age of 18, You should review this EULA with your parent or legal guardian to make sure that You and Your parent or legal guardian understands and agrees to it and further if required You shall perform or undertake such activities which will entitle You to enter into a legally binding agreement with Reliance. If You are the parent or the legal guardian of a minor who avails the services of the JioSwitch App (“ Services”) and thereby accesses the JioSwitch App, You accept these terms of service on the minor’s behalf and agree to be responsible for all use of the JioSwitch Appby the minor. In accordance with the above, You hereby agree to comply with the terms, conditions, obligations, representations, and warranties set forth in these terms of service.
Use of the JioSwitch App requires compatible devices; may require periodic updates; and may be affected by the performance of these factors. The latest version of required software is recommended to access the JioSwitch App and may be required for certain features. You agree that meeting these requirements, which may change from time to time, is your responsibility.
By subscribing to and/or using the JioSwitch App, You hereby agree to all as under:
1.1 General. The JioSwitch App is licensed, not sold, to You by Reliance for use strictly in accordance with the terms and conditions of this EULA. The JioSwitch App allows You to transfer text, graphics, photos, video, personal information (the contact names, phone number and email id of each customer’s address book) and other information and data ("Content") from one compatible phone owned and controlled by You (“Source Phone”) to another compatible phone owned and controlled by You (“Target Phone”) (each a "Device"). You represent that (i) the Content is legitimately owned by or licensed to You, and (ii) the Content is not illegal. All the risks in relation to such transfer shall be borne by You. You acknowledge that the Content which is corrupt or technically impaired may not be transferred to the Target Phone. We do not store or retain any back-up your Content in any manner. For the purpose of this EULA, references to "We", "Us" and "Our" include Reliance and their respective parents, subsidiaries, affiliates, agents, employees, successors and assigns. The Jio Engage Platform, which is a real time engagement, survey and advertising platform (the “Platform”), forms an integral part of the JioSwitch App. The Platform enables pro-active and real time engagement between Reliance (and its affiliates) and its customers by way of full screen message displays at the end of calls made by You, when You switch to wifi or data service or at such other times as may be determined by Reliance, irrespective of whether the JioSwitch App is open on your device.
1.2. License Grant. Subject to your strict and full compliance with this EULA, Reliance hereby grants You during the Term and for the territory of India a personal, limited, non-exclusive, non-transferable, revocable license to use the JioSwitch App for private and personal use and non-commercial purposes only. Except for the foregoing limited license, no right, title or interest shall be transferred to You, and all such rights, title and interests, as to between Reliance and You, are reserved exclusively with Reliance.
You shall use the JioSwitch App strictly in accordance with this EULA and shall not directly or through a third party: (i) attempt to decompile, reverse engineer, disassemble, derive the source code of or decrypt the JioSwitch App; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work from the JioSwitch App; (iii) violate any applicable laws, rules or regulations in connection with Your access to or use of the JioSwitch App including the intellectual property rights of any person; (iv) publish, copy, rent, lease, offer for sale, sell or commercial rental, redistribute, license or sublicense the JioSwitch App or any aspect thereof or transfer the JioSwitch App; (v) remove, obscure, or alter any proprietary notices (including any notice of copyright or trademark) of Reliance or their respective affiliates, partners; (vi) use any of Our proprietary information, interfaces or other intellectual property in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the JioSwitch App (vii) derive any confidential information, processes, data or algorithms from JioSwitch App; (viii) copy any features, functions or graphics of the JioSwitch App; (ix) build a competitive product or service or make or have a product with similar ideas, features, functions or graphics of the JioSwitch App; (x)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 pornography, child pornography, obscenity, or host, upload, modify, publish, transmit, update or share any information that is grossly harmful, offensive or menacing in any nature, that belongs to another person and to which the user dees not have any right to, that amounts to impersonation of another person, that is blasphemous, pedophilic, libelous, disparaging, harassing, harmful, promoting discrimination (including racial, ethnic, 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 or that 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 offence or prevents investigation of any offence or is insulting any other nation; (xi) shall not breach any laws towards the welfare, security, safety, integrity, privacy and protection of women and children.
1.3. Registration Obligations. In order to access and use the JioSwitch App, you need to download and install JioSwitch App on both your Source Phone and Target Phone. You need to connect both the Device to the same WiFi/hotspot and then follow the instructions to transfer the Content.
1.4. Your Responsibilities/Obligations:
a. By using the JioSwitch App, You acknowledge that the JioSwitch App is accessed via telecommunications/internet connection. You are responsible for the provision of and payment for telecommunications/internet services and for any other items of hardware necessary to enable You to access the JioSwitch App. Reliance will not be responsible for disruption, unavailability, or failure in your telecommunications equipment or internet connection or services.
b. You acknowledge that Reliance reserves the unrestricted and discretionary right to change, rename, add or delete the functionality of the JioSwitch App, at any time. Reliance will endeavor to notify You of any such change and its effective date.
c. You agree that Reliance owns and retains all rights including but not limited to all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated with the JioSwitch App are, and shall remain, the property of Reliance and/or its licensors, as applicable. The JioSwitch and the services offered are protected by copyright, trademark, and other intellectual property laws.
d. You are responsible for any misuse of the JioSwitch App that occurs through You or under your control or supervision. It is your responsibility to ensure that unauthorized persons do not gain access to or misuse the JioSwitch App 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.
e. You acknowledge and agree that We shall not be responsible for any failure in the functionality of the JioSwitch App caused by or resulting from uninstalling the JioSwitch App or disabling the JioSwitch App, whether uninstalled or disabled by You or a third party, with or without your consent.
f. You acknowledge and agree your Device should be compatible with the JioSwitch App and that compatibility and interoperability problems can cause the performance of the JioSwitch App on your Device to diminish or fail completely and/or may result in permanent damage to your Device and any loss of Content stored on your Device and/or corruption of software and files stored on your Device. You acknowledge and agree that Reliance shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability issues.
g. You further understand and acknowledge that although We use our best efforts to ensure the proper working of the JioSwitch App at all times, We shall not be liable if the JioSwitch App does not function properly, or contains any errors or bugs or is susceptible to breach, corruption or failure. If the JioSwitch App malfunctions or fails or is disabled or uninstalled from your Device, with or without your knowledge or consent, the JioSwitch App will not operate. You are solely responsible for any claims, liability, losses or damages arising out of the unauthorized disclosure, transfer or use of any personal content, data or materials stored on your Device for any reason, even if occurring as a result of a failure in the JioSwitch App or from disabling or uninstalling the JioSwitch App, with or without your knowledge or consent.
h. You acknowledge and agree that the JioSwitch App may utilize or include third party software that is subject to open source and third party license terms ("Third Party Software"). You acknowledge and agree that Your right to use such Third Party Software as part of the JioSwitch App is subject to and governed by this EULA and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between this EULA and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to Your use of the relevant Third Party Software. In no event, shall the JioSwitch App or components thereof be deemed to be "open source" or "publically available" software.
1.5. Rights of Reliance
a. Reliance in its sole discretion may disable or uninstall the JioSwitch App without any obligation to serve any prior notice without any obligations or liabilities towards You or your third parties. Upon your breach of this EULA, Reliance reserves the right to take any responsive action. Reliance deem appropriate including but not limited to disable or uninstall the JioSwitch App or any other services offered by Reliance and/or its third parties. Reliance may take any other legal or technical action Reliance deem appropriate, including taking action against offenders to recover the costs and expenses of identifying them.
b. Upon your deletion of the JioSwitch App from your Device, We may delete any information associated with your account/usage.
b. Upon sharing of the Content by using the JioSwitch App, a log containing the Additional Details, Application Logs, etc., shall be created by Us. Such logs may be retained by us for an indefinite period. However, the logs will not contain any copies of the Content.
c. Upon downloading of the JioSwitch App, third party partner applications (“Partner Applications”) shall get downloaded by default on Your Device. However, You have the option to de-select those Partner Applications which You do not want downloaded on Your Device. You hereby permit Us to track your first opening and use of each of the Partner Applications downloaded on Your Device.
The Information provided by You to Reliance, including the Additional Details and the Application Logs, may be used for a number of purposes connected with Reliance business operations which may include the following:
a. processing orders or applications
b. provisioning of services, testing or improvement of services, recommending various products or services including those of third parties
c. Providing customized customer relevant suggestion / services
d. dealing with requests, enquiries and complaints and customer related activities
e. marketing products and services and data analysis, including for providing advertisements and surveys of relevance to you via, the JioSwitch App
f. personalizing and enhancing your experience while using the JioSwitch App by presenting advertising, coupons, products and offers tailored to you
g. abiding with laws and law enforcement / regulatory requests
3.1. Reliance does not sell or rent the Information, including the Additional Details and the Application Logs, provided by You. The Information may be disclosed under the following circumstances as follows:
a. Reliance may disclose your Information, including the Additional Details and the Application Logs, to its affiliates, group companies, consultants, vendors and contractors under confidentiality restrictions.
b. Reliance may provide your Information, including the Additional Details and the Application Logs, or data to its partners, associates, service providers or other third parties to provide, advertise or market their legitimate products and/or services which may be of your interest. You will have the choice to ‘opt out’ of such marketing or promotional communications at your will.
c. You hereby give Reliance your consent to the use of the Information provided by you, including the Additional Details and the Application Logs, in the manner stated herein.
d. You consent to this EULA through which Reliance provides you with Services. Additionally, Your consent may be implicit or implied or through course of conduct as necessary or appropriate: (a) in any manner permitted under applicable law, including laws outside your country of residence; (b) to comply with legal process whether local or foreign; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (f) to allow us to pursue available remedies or limit the damages that we may sustain.
4. Information Security and Storage
4.1 Reliance uses reasonable security measures, at the minimum those mandated under Information Technology Act, 2000 as amended and read with Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, to safeguard and protect your data and information. You accept the inherent security implications of providing information over the internet and will not hold Reliance responsible for any breach of security or the disclosure of personal information unless Reliance has been grossly and wilfully negligent.
4.2. Your information or data will primarily be stored in electronic form however certain data can also be stored in physical form. Reliance may enter into agreement with third parties to store your information or data. These third parties may have their own security standards to safeguard your information or data and We will on commercial reasonable basis require from such third parties to adopt reasonable security standards to safeguard your information / data.
5. Third Party Websites, Applications and Services
We may provide links to third-party web sites or applications or services to You. This policy does not address, and we are not responsible for, the privacy practices of web sites or applications or services operated by third parties. The accessibility to third party web sites or application or services does not imply endorsement of such third party web site or application or services by Reliance.
6. Transferring Personal Information Overseas
Reliance endeavors to take reasonable steps to limit the amount of personal information it sends to organizations overseas. If such information must be sent by Reliance overseas for relevant business reasons, Reliance will reasonably require the overseas organization receiving the information to provide a binding undertaking that it will handle such information in accordance to the applicable laws.
Part III: General Terms applicable to the Policies
1.1. The indemnification obligation, disclaimer of warranties, limitation of liability and governing law shall indefinitely survive any expiry or early termination of the Services and/or the Policies.
1.2. You shall indemnify and hold Reliance, its affiliates, its third party service 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 or any content or any material thereof and/or from your breach of the terms of the Policies.
2. Disclaimer of Warranties and Limitation of Liability:
THE JIOSWITCH APP OR ANY CONTENT OR ANY MATERIAL THEREOF, ARE PROVIDED ON AN “AS-IS” AND “WITH ALL FAULTS AND RISKS” BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EXCEPT THAT RELIANCE, AS PER THE CONTRACTS IT HAS ENTERED WITH THE THIRD PARTIES, IS PREMITTED TO GRANT YOU THE RIGHTS AND LICENSES SET FORTH IN THE EULA. TO THE MAXIMUM EXTENT PERMITTED UNDER LAWS, RELIANCE DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT USE OF THE JIOSWITCH APP OR ANY MATERIAL THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE. WHERE THE LAW DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, RELIANCE'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW AND IF ANY SUCH LAW PROVIDES FOR LIMITATION OF LIABILITY THEN RELIANCE’S MAXIMUM AGREGGATE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY AGAINST RELIANCE SHALL BE LIMITED TO [RUPEES HUNDRED ONLY]. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE JIOSWITCH APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
3. Governing Laws and Jurisdiction
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, and each of the Parties hereby irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Process in any such suit, action or proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court.
4.1. Force Majeure:
Reliance shall be under no liability whatsoever to You in the event of non-availability of any portion of the subscribed JioSwitch App occasioned by Act of God, war, 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 Reliance.
Reliance may in its sole discretion assign this EULA or any of its rights and obligations to any third party including its affiliates. The usage of JioSwitch App is personal to You and You shall not assign or transfer this right to any third person.
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 Policy contained in Part I, II, III or IV 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.
4.5. Entire Agreement and Amendment:
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 in the manner as provided in these Policies.
4.6. Changes to EULA or Policies.
Reliance reserves the right at any time to modify the EULA or one or more Policies and to impose new or additional terms or conditions on your use of the JioSwitch App. Such modifications and additional terms and conditions will be effective immediately and incorporated into this EULA. Your continued use of the JioSwitch App will be deemed acceptance thereof.
4.7. 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.
4.8 In accordance with the applicable laws, for any grievance, including under the Policies, you may reach the grievance officer of Reliance at firstname.lastname@example.org .
Part IV: Terms applicable to Open Source Software
a. Scheduler component is distributed under MIT License MIT License: Terms required to be adhered under the MIT License can be accessed at: http://opensource.org/licenses/MIT .
Permission is hereby granted, free of charge, to any person obtaining copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Copyright © 2016. Reliance Retail Limited. . All rights reserved.