Effective October 25, 2024
- SCOPE:
- JioCloud is a web based Portal ('Portal'), and mobile based Application ('Application') collectively known as "Platform" provided by Jio Platforms Limited and/or its affiliates ("Company", "we," "us" and "our") located at 101, Saffron Near Centre Point, Panchwati 5 Rasta, Ambavadi Ahmedabad GJ 380006 IN.
- The Platform is designed and made available by the Company and /or its affiliates to provide (i) users, being any sole proprietor, company, limited liability partnership firm, partnership firm, registered society, trust and/or association of persons ("Enterprise") and/ or (ii) employees of the Enterprise and/or its vendors or employees of such vendors and/ or sub-contractors or employees of such sub-contractors and/ or (iii) any individual who has registered with the Platform, as may be applicable, (i) cloud based file hosting services through which you may store, synchronize, stream, and share documents, text, messages, audio, contacts, photos, music, videos, etc. (the "Content" ) through a link and/or such link which can be sent through an email or shared on social networking site; and (ii) such other services as may be provided by the Company from time to time (collectively known as "Services") on (i) any compatible smart phones powered by Android, iOS; and (ii) any browser available on desktop monitors, mobile phones, smart tablets etc. ("Device”).
- Your ("you", "your" or "user") use of the Platform is subject to these Terms and Conditions ("Terms").
- Your use of the Platform requires that you agree to these Terms and the privacy policy of the Platform. By registering or signing up to the Platform, or otherwise having access to, receiving, and/or using the Platform, you acknowledge to have read, understood and you consent to be governed and bound by these Terms and the privacy policy of the Platform. If you do not understand the Terms or the privacy policy of the Platform, or do not accept any part of them, then you should not use the Platform.
- 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 the Information Technology (Guidelines for Intermediaries 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 Platform. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- In providing the Services, Company is merely acting as a passive conduit to facilitate storage, transfer of the Content (defined hereinafter) by you and therefore JPL is an intermediary ("Intermediary") under the Information Technology Act, 2000 as amended and the relevant rules made thereunder.
- For avoidance of doubt, the term Platform is used in these Terms to mean the product which also includes the mobile Platform or the web based portal as and when relevant.
- PRIVACY AND PROTECTION OF PERSONAL INFORMATION:
- Please refer to the privacy policy of the Platform available here.
- Please note that your use of the Platform 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.
- MODIFICATIONS:
- 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 are made. You are encouraged to periodically visit this page to review these Terms and any changes to it.
- 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.
- THIRD PARTY SITES AND APPLICATIONS:
- The Platform 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.
- Any dealings with third parties (including advertisers) included within or available via a link from the Platform 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.
- 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.
- If You choose to transfer all or any part of Your content available on a third party website/application ("Third Party Site”) to the Platform ("Transferred Content”), You acknowledge and agree that the Company will not be liable for the Transferred Content and/or any part of Your information available on the Third Party Site until You have ported the Transferred Content to the Platform and have created and verified Your account.
- INTELLECTUAL PROPERTY RIGHTS:
- The Company shall own title, interest and rights, including all related intellectual property rights, in/of the Platform including but not limited to object code of the Platform, 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 Platform, your Device or otherwise.
- CONTENT:
- You represent and warrant that all Content uploaded by you shall be either owned by you or you have valid authorization/license to manage the Content and the Content does not violate anything contained in this Terms. You represent and warrant that during the entire period that you will avail the Services, you will have all rights necessary to upload the Content and share the same with third parties through the Services at your sole risk and liability and use of the Content as contemplated in this clause, will not violate any law or any rights of any third parties. The Company disclaims any and all liability in connection with the Content. You agree that you, and not the Company, is entirely responsible for all of the Content that is transmitted, hosted, uploaded, posted, via Platform and/or the Platform. You assume all risks associated with use of the Content uploaded by you.
- The Company shall not have any rights with respect to the Content uploaded by you except for the limited rights to use, access, and retain your Content in order to provide the Services to you and enforce the terms of the Agreement, and you give us all permissions we need to do so. These permissions include, for example, the rights to copy your Content for backup purposes, technically modify your Content to enable access in different formats, use information about your Content to organize them on your behalf, process the Content to facilitate the features provided as part of the Service and access your Content to provide technical support.
- You have initial control over who may access your Content. However, if you share the Content in public areas of the Services, through features that permit public sharing, or share the Content privately through the Services with persons of your choice, you agree that anyone with whom you have shared Content may, reproduce, distribute, display, transmit or otherwise communicate the Content, or any part thereof, with others, through the Service, or otherwise. If you do not want your Content to be shared/viewed by people at large, please do not use the Services to share your Content.
- The Services provide certain free storage to all registered users as per the terms stipulated by the Company from time to time ("Default Storage"). In order to avail the Default Storage you must access your account associated with the Services at least once (1) in a calendar year ("Minimum Access Requirement”) . Your inability to meet the Minimum Access Requirement would entitle the Company to delete your account associated with the Services. Further the Company reserves the right to delete your account and the Content associated with such an account, (i) in the event you fail to meet the Minimum Access Requirement and your account is deleted as stated above; or (ii) in any other circumstances as maybe determined solely by the Company to meet the applicable law from time to time. You acknowledge and agree that you shall have no claim against such Content stored in Default Storage after your account is deleted. The Company may provide a 30 (thirty) days prior notice to you by sending email on your registered email address or SMS on your registered mobile number as may be applicable before deleting your Content associated with your account as well as your account in accordance with these Terms. You are responsible to keep your contact details updated to ensure you receive all communication related to the Services. The Company may, at its sole discretion, including for the reason of overloads, floods, or spams etc. impose a usage limit on the Default Storage of the Services.
- The Services provide you with the feature which will organize photos which are stored by You in your account, based on similar faces and provide You with a well-organized photo library and such photo library will be visible to you only. The grouping action will be through automated process. We put You in control of this feature and allow You to enable/disable at any time. If You disable this feature the photo library will retained for a period of 90 days after which it will be deleted permanently from Your account.
- You agree that you will not upload on the Services, any Content that is contrary to the Terms, the Privacy Policy, or any other policy of the 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.
- You acknowledge and agree that you are responsible for knowing, protecting, and enforcing any intellectual property rights you hold in any Content uploaded to the Service, and that the Company cannot do so on your behalf.
- You acknowledge that Company is only an Intermediary with respect to all Content. On receipt of a complaint from anyone that your Content allegedly infringes the intellectual property rights of a third party, or violates the restrictions as stated in this Terms and Conditions, Company may remove or disable access to your Content, with or without prior notice to you.
- USE LIMITATIONS:
- Services offered by the Platform are intended solely for the purpose of availing Services provided by the Platform. 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 Platform.
- As a condition of your use of the Platform, you warrant to the Company that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms. You may not use the Platform in any manner which could damage, disable, overburden or impair the Services or interfere with any other party's use and enjoyment of the Platform.
- You are not entitled to use any kind of measures, mechanisms or tools (software or hardware) that could interfere with the functioning of the Platform or any of its Services.
- You may not use the Services and/or Platform if (i) you have been convicted of any offence under applicable law; (ii) if you are under the age of 18 years you may use the Services upon parental consent and acceptance of T&Cs by your parents or guardian
- You agree that you will not upload on the Services, any Content that is contrary to the Terms and Conditions 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.
- USER NAMES AND PASSWORDS:
- You may be required to register in order to access Platform using the means and methodology as provided by the Company from time to time.
- You shall additionally be required to verify your email address provided by you at the time of registration, within three(3) days from the date of registration using the means and methodology as provided by the Company from time to time.
- You agree that in the event of failure to verify the email address within three (3) days, the Company reserves right to discontinue your access to the Platform/ Services and the Content associated with your account.
- You are responsible for maintaining the confidentiality of any password you use to access the Platform and you agree not to transfer such passwords or user names or lend or otherwise transfer your use or access to the Platform to any third party. You agree to notify usof 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 Platform 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.
- Promotional Offers:
- Company may provide a limited period promotional offer ("Offer") to selected users who use and access the Services. By availing this Offer, the user shall deemed to have accepted the terms and conditions ("Offer Terms") specifically set out for the said Offer, the Terms of Service and Privacy Policy governing the Services of JioCloud. The Offer Terms shall be integral part of the Terms and Privacy Policy. Non-acceptance by the user of the aforesaid conditions will result in the user being automatically disqualified from being eligible for the Offer.
- To avail the Offer, the user must be logged in to Platform or Website, as per the Offer Terms, that may be intimated to you by Company in respect of each Offer. Thereafter, user has to follow the simple steps given in the How to Avail the Offer' section of the Offer Terms.
- Company at its discretion shall inform the selected users ("Selected Users") in a suitable form and manner informing the Selected Users their eligibility to receive additional storage limit ("Bonus Storage") over and above their Default Storage limit. The decision of Company shall be final and binding on all users and no correspondence whatsoever will be entertained in this regard.
- The Selected Users shall receive Bonus Storage in the Selected User's JioCloud account, which shall be in addition to the Default Storage provided by Company to all users of the Service.
- The Bonus Storage shall be added to the Selected User's account within the timeline stated in Company's communication to the Selected User.
- The duration of the Offer ("Offer Period") shall be set out in the Offer Terms, unless revoked or extended by Company in its sole discretion without any prior notice or reason
- Each Selected User shall be entitled to receive the Bonus Storage only once during the Offer Period.
- Upon expiration of the Offer Period or revocation of the Offer by the Company, the Selected User shall no longer be able to use or access the Bonus Storage. However, if the Selected User has partially or fully utilized the Bonus Storage, the said user shall continue to have access to the Content saved under such Bonus Storage for a further period as decided by the Company ("limited period") and such limited period shall be communicated to the user accordingly. The Selected Users are advised to buy additional storage or move their Content saved on Bonus Storage to some other storage, before expiry of such limited period. Upon expiration of the "limited period", company reserves the right to remove excess content of the Selected User.
- Company reserves the right, at any time, without prior notice and liability and without assigning any reason whatsoever, to add/alter/modify/change the Offer Terms or to replace, wholly or in part, this Offer by another offer, whether similar to this offer or not, or to extend or withdraw it altogether.
- In the event of any misuse or abuse of the Offer by the user, Company reserves the right to cease providing the Offer to the said user.
- In the event of any conflict between the Terms of Service and the Offer Terms, the Offer Terms will prevail, only for the purposes of the said Offer and with respect to the distribution of benefits under the said Offer.
- Paid Services:
- In order to buy storage either through this Platform/ MyJio App, you shall be required to pay the requisite fees by subscribing to the available subscription plan ("Paid Plan(s)”) subject to the terms of the Paid Plan stipulated by the Company from time to time. We encourage you to visit this page periodically to check for updates on the paid plan terms.
- The Paid Plans shall be inclusive of applicable taxes. The Company may change the Paid Plans at its sole discretion.
- The Company may offer you multiple payment options for subscribing to Paid Plans. However, the Company reserves its right to add or delete any mode of payment without any prior notice.
- If you opt for a Paid Plan, you will have the option of manually renewing your subscription per subscription cycle or an auto-renewal mechanism. If you opt for auto-renewal, Company may notify you by at least two (2) days written notice before automatically renewing the subscription using the same payment method you chose during the first payment. The notification will also have instructions on how you may cancel the subscription. If you do not want to renew the subscription, you must cancel the subscription before the renewal date to avoid being billed for the renewal. If you fail to cancel your subscription within stipulated time, it will deemed to be understood that you have opted for renewal of your subscription and you will be charged for Services as per the then applicable rates.
- While availing any of the payment method(s) available on the Platform, the
Company will not be responsible or assume any liability, whatsoever in
respect of any loss or damage arising directly or indirectly to you due
to:
- Lack of authorization for any transaction/s, or
- Exceeding the present limit mutually agreed by you and your issuing bank, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
- The Company will not be liable for any credit/debit card fraud. The liability for use of a card fraudulently will be on you and the onus to prove otherwise shall be exclusively on you. All information collected by us shall be governed as per our Privacy Policy. The Company will not be responsible for any transactions you make. All claims and complaints for any failed or incorrect transactions must be directed to our payment processing providers and/or your bank (as the case may be).
- You represent and confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. You further agree and undertake to provide the correct and valid credit card details to carry out a transaction on the Platform. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery of Services.
- You acknowledge that the Company will not be liable for any damages, interests, claims etc. resulting from not processing a transaction or any delay in processing a transaction which is beyond the control of Company.
- You can change your Paid Plan at any time during the subscription period. You can either change the Paid Plan from monthly to yearly or vice versa or you can also upgrade or downgrade your Paid Plan.. In case of a downgrade of a Paid Plan, the monetary difference of the value will be transferred in the form of an extended validity period of the new active Paid Plan.
- You can access your billing information at "Order History" section linked to the Services, where you can view and print your statement. You're obliged to check the online billing statement at regular intervals and as per your Paid Plan. You must tell us within 5 (five) days after an obvious error first appears on your bill. If you don't tell us within that time, you release us from all liability and claims of loss resulting from such error caused by slight negligence; further in that case we won't be required to correct the error. In any other cases, if Company has identified a billing error, we'll inform you and take steps to correct it as soon as reasonably possible.
- Your paid Services will remain in effect until terminated/cancelled under this Terms. You or Company may cancel, suspend or terminate your account for any reason whatsoever. We do not have a refund policy and therefore, no refund will be given to you in case of any termination. You will be required to pay all charges for the Services prior to the date of cancellation or termination of Services and Your account may be deleted in accordance with provisions of clause 10.12 below. However, in case of any notice, decree, order from any governmental organisation, quasi-governmental body or court, we will delete your account and/or the Content immediately without any notice to you.
- If you do not pay for your paid Services on time, your account shall be flagged. and the Company shall grant you a grace period of 10 days after expiry of due date. During the grace period the Company shall send you reminders as per terms of the Paid Plan. If you pay within the grace period, your subscription will be renewed from the date when it was due. During the grace period you will be allowed to access your account without any restrictions. After expiry of grace period additional of due date buffer period of thirty (30) days shall be given by the Company. However during this buffer period, the Company shall reduce your storage to free storage and promotional storage if any. After expiry of such additional buffer period of thirty (30) days your data shall be moved to trash for a period of 45 days post which it shall be deleted permanently.
- ENTERPRISE USAGE:
- In order to use the Services through the Platform, your Enterprise availing this Platform for the purposes of use by you, is required to sign up for an administrator account ("Administrator Account") subject to such commercial terms and User Account (as defined below) limitations as may be specified by the Company, and updated and/or modified by the Company from time to time.
- The Administrator Account, upon being successfully created, shall be used by the Enterprise to open or create such employee and/or vendor or employee of such vendor and/ or sub-contractor or employee of such sub-contractor accounts as may be availed by the Enterprise in accordance with Clause 8.1 (each an "User Account").
- The User Accounts created shall be non-transferable and meant for such use as may be authorized by your Enterprise. Notwithstanding the foregoing but without prejudice to the absolute obligation of the Enterprise to ensure compliance, the use of the Platform by the Enterprise, including its employees and/or its vendors or employees of such vendors and/ or sub-contractors or employees of such sub-contractors, shall be strictly for the purposes of internal business use of the Enterprise and shall, at all times, be in accordance with such terms and conditions, including limitations, as may be prescribed by the Company from time to time.
- The Enterprise shall be solely responsible and liable at all times in ensuring that the employee and/or its vendor or employee of such vendor and/ or sub-contractor or employee of such sub-contractor so named in the User Account is in fact availing and using the said User Account at all times. The Company assumes no responsibility or liability for any use of the Platform by any person other than the employee and/or its vendor or employee of such vendor and/ or sub-contractor or employee of such sub-contractor named per the relevant User Account.
- You hereby acknowledge and agree that your use of the Services is subject to your Enterprise providing us with accurate, complete, and updated registration information about you and authenticating you.
- The Administrator Account and each User Account shall be treated as a user for the purposes of these Terms and wherever the expression user is employed, it shall mean and include the Administrator Account and each User Account.
- Upon activation of the Administrator Account by an Enterprise, the Enterprise will be charged with the monthly and/ or yearly subscription as has been agreed by the Enterprise and the Company. For avoidance of doubt, the Enterprise will be charged with the monthly and/ or yearly subscription even if the Administrator Account or the respective User Accounts are activated or not.
- The Administrator Account and respective User Accounts will be active and such subscription will automatically renew every billing month and / or year, until the Enterprise cancels the subscription in the manner as stipulated by the Company from time to time.
- The Company does not offer refunds or credits for partial periods of service, or unused months. Please note that if the Enterprise cancels the Administrator Account or any User Account, the Enterprise will still be billed in the next payment cycle until the subscription is cancelled by the Enterprise.
Notwithstanding any remedies available to the Company under the applicable laws, the subscription for the Enterprise shall not be cancelled by the Company until all dues accrued are settled by the Enterprise and until such time the Services provided by the Company shall be suspended.
- GENERAL:
- By using our Services, you hereby agree to ensure that the explicit prohibitions mentioned in section 12.3 are at all times adhered to.
- Use Restriction: You must not access the Platform 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.
- You shall not host, display, upload, modify, publish, transmit, update or
share any information which:
- belongs to another person and to which the user does not have any right;
- is obscene, pornographic, paedophilic, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, 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;
- is harmful to child;
- infringes any patent, trademark, copyright or other proprietary rights;
- 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;
- impersonates another person;
- 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 other nation;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is in the nature of an online game that is not verified as a permissible online game;
- 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;
- violates any law for the time being in force;
- Provides instructional information about illegal activities such as making and/ or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- 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.
- 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 Platform. You are solely responsible for all such fees.
- Updates: You may need to install updates to the Platform or related software that we introduce from time to time to use of the Platform. Services originating from the Platform may communicate with the servers from time to time to check for available updates to the Services and to the functionality of the Platform, 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.
- 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.
- LIABILITY DISCLAIMER:
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY 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 PLATFORM OR FOR ANY SECURITY BREACH OR ANY VIRUS, BUG, UNAUTHORIZED INTERVENTION, DEFECT, OR TECHNICAL MALFUNCTIONING OF THE PLATFORM, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT THE COMPANY 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 PLATFORM OR THE CONTENT. FURTHER, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TEMPORARY DISABLEMENT, PERMANENT DISCONTINUANCE OR MODIFICATION OF THE PLATFORM BY THE COMPANY OR FOR ANY CONSEQUENCES RESULTING FROM SUCH ACTIONS.
- YOU SHALL BE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING ANY EQUIPMENT AND ANCILLARY SERVICES (INCLUDING THE PAYMENT OF ANY ADDITIONAL FEES THEREFORE) REQUIRED TO CONNECT TO, ACCESS OR OTHERWISE USE THE SERVICES. YOU WILL ALSO BE RESPONSIBLE FOR MAINTAINING THE SECURITY OF THE EQUIPMENT AND FOR ALL USES OF THE EQUIPMENT WITH OR WITHOUT YOUR KNOWLEDGE OR CONSENT
- YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT AND OTHER MATERIALS YOU TRANSMIT THROUGH THE SERVICE OR SHARE WITH OTHER USERS OR RECIPIENTS. YOU WILL NOT TRANSMIT ANY CONTENT THAT YOU DID NOT CREATE OR THAT YOU DO NOT OWN ALL RIGHT, TITLE AND INTEREST IN AND TO, INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHT AND RIGHTS OF PUBLICITY CONTAINED THEREIN.
- THE COMPANY AND/OR ITS RESPECTIVE AFFILIATES MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE AND SERVICES AND RELATED CONTENT CONTAINED ON THE PLATFORM FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE AND SERVICES AND RELATED CONTENT 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 AND RELATED CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
- 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 PLATFORM. YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL SERVICES OR CONDUCT OF ANY OTHER PARTY OR 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 PLATFORM BY ANY THIRD PARTY
- 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: (A) LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF PLATFORM; (B) ANY DELAY OR INABILITY TO USE THE PLATFORM OR SERVICES; (C) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION OR SERVICES OBTAINED THROUGH THE PLATFORM; (D) OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM OR THE SERVICES OF THE COMPANY; WHETHER OR NOT ALL OF THE ABOVE LOSSES, CLAIMS OR DAMAGES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, EVEN IF THE COMPANY AND/OR ITS AFFILIATES AND/OR ITS ASSOCIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, CLAIMS OR DAMAGES.
- TERMINATION (TEMPORARY AND PERMANENT DISABLEMENT):
- Unless otherwise provided in these Terms, the Services offered to you may be discontinued and /or suspended by the Company without assigning any reasons at any time at the sole discretion of the Company. The Company shall provide a thirty (30) day prior intimation to you by sending email on your registered email address or SMS to your registered mobile number as may be applicable before discontinuing and/or suspending the Services ("Termination Period”). You are encouraged to port your data from the Platform during the Termination Period as post the Termination Period your access to the Platform shall be discontinued and/or suspended and you shall not have the right to use or access the Platform/Services and the Company shall delete the Content associated with your account(s)Balance subscription amount if any, as on the date of discontinuance/ suspension shall not be refunded post discontinuance/ suspension of the Services.
- 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.
- A request for deletion made by you to delete your account with the Company for the Services contemplated under these Terms. Once the Company receives a request for deletion the Company shall suspend your account associated with the Services for a period of 30 days from the receipt date of such a request for deletion and thereafter the account shall be permanently deleted along with the Content associated with it. You shall have a right to re-activate your account associated with the Company within 30 days of making the request for deletion of your account.
- The Company reserves the right to delete your account and the Content associated with such an account, (i) in the event you fail to meet the Minimum Access Requirement and your account is deleted as stated above in 6.4; or (ii) in any other circumstances as maybe determined solely by the Company to meet the applicable law from time to time. You acknowledge and agree that you shall have no claim against such Content stored in Default Storage after your account is deleted. The Company may provide a 30 (thirty) days prior notice to you by sending email on your registered email address or SMS on your registered mobile number as may be applicable, before deleting your Content associated with your account as well as your account in accordance with these Terms. You are responsible to keep your contact details updated to ensure you receive all communication related to the Services. The Company may, at its sole discretion, including for the reason of overloads, floods, or spams etc. impose a usage limit on the Default Storage of the Services.
- GOVERNING LAW AND DISPUTE RESOLUTION:
- 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.
- FORCE MAJEURE:
- The Company shall be under no liability whatsoever in the event of non-availability of any portion of the Platform 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.
- SEVERABILITY:
- 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.
- CONTACT DETAILS:
Grievance Officer:
Mrs. Radha Nair
Reliance Corporate IT Park, TC-22,
Thane Belapur Road, Ghansoli, Navi Mumbai 400701
Email: grievance.officer@jio.com