A. Reliance Retail Limited (“the Company”) offers to the applicant (“Recipient”), JioPhone (as per specifications and together with specified accessories as provided on company website ‘www.jiophone.com’) on the terms and conditions herein contained.
B. By applying for the JioPhone and affixing an electronic signature by way of biometric authentication, the Recipient accepts the JioPhone offer on the terms and conditions contained herein.
1. Security Deposit
(a) An interest-free refundable security deposit of Rs. 1,500/- (Rupees One Thousand Five Hundred only) (“Refundable Deposit”) shall be deposited by the Recipient in the manner stipulated by the Company.
(b) The Refundable Deposit is being obtained purely to secure the Company for proper handling of the JioPhone and its safe return by the Recipient to the Company, as per these terms.
(c) Any amount deposited by the Recipient with the Company at the time of pre-booking shall be treated as part furnishing of the Refundable Deposit and the Recipient will be only required to deposit the balance amount.
(d) The Recipient acknowledges and agrees that the Company shall, without prejudice to its rights and remedies under any law or in equity, have a right of lien over the Refundable Deposit for satisfaction of all the obligations herein, including any payment obligations, by the Recipient.
(e) The Recipient acknowledges that it is not the intention of the parties to apply the Refundable Deposit towards consideration for any supply. The adjustment of the Refundable Deposit shall only be to the extent and in the manner envisaged in these terms.
2. Use of JioPhone
(a) The JioPhone is only for the personal use of the Recipient and such use shall be in strict adherence with applicable laws and in accordance with guidelines/ stipulations issued from time to time by the Government or the Company for fair and authorized use.
(b) The JioPhone is available for continued use on the Recipient purchasing telecom recharge vouchers of an Authorized Carrier (presently Reliance Jio Infocomm Limited) from the Company or any of its authorized retailers for use in the JioPhone of a minimum value of Rs. 1,500/- per annum for a period of 3 years from the date of the first issue of the JioPhone.
(c) The Recipient has satisfied himself/herself/itself with the features of the JioPhone and has agreed to receive the JioPhone on “As-It-Is-Basis” and shall not tamper with or in any manner misuse the JioPhone, including but not limited to rooting attempts, reverse engineering, unlocking or jail-breaking of the JioPhone or original firmware(s) or software(s) of the JioPhone.
(d) The Recipient is aware that JioPhone is being offered with a SIM-locked feature. The Company may, solely at its discretion, allow the use of the JioPhone with any other compatible network from time to time.
(e) The Recipient acknowledges that the Company has no responsibility for the actual provision of telecommunication services and that the Recipient is solely responsible for availing these services from the Authorized Carrier(s).
(f) Nothing contained herein shall be construed as creating any arrangement for transfer of title, ownership or interest including rights of any intellectual property in/of the JioPhone in favour of the Recipient.
(g) The Recipient has no right to sell, lease, assign, and transfer or otherwise dispose-of the JioPhone in any manner whatsoever.
3. Early Return of the JioPhone
(a) The Recipient may return the JioPhone at any time during the period of three years from the date of first issue on payment of the following charges (“Early Return Charges”):
|Time of Return of JioPhone
||Early Return Charges
|Upto 12 months from the date of first issue of the JioPhone
||Rs. 1,500/- (Rupees One Thousand Five Hundred only) plus applicable GST or other taxes
|After 12 months and up to 24 months from the date of first issue of the JioPhone
||Rs. 1,000/- (Rupees One Thousand only) plus applicable GST or other taxes
|After 24 months and up to 36 months from the date of first issue of the JioPhone
||Rs. 500/- (Rupees Five Hundred only) plus applicable GST or other taxes
(b) On the Recipient complying with the Return Conditions as defined in Clause 6 below and paying the applicable Early Return Charges, the Company shall return the Refundable Deposit to the Recipient.
4. Repossession of JioPhone
(a) The Company has the right to repossess the JioPhone if the Recipient fails to purchase recharge vouchers as per Clause 2(b) above.
(b) In the event the Company repossesses the JioPhone in terms of this clause, the Recipient shall be liable to pay the Early Return Charges in terms of Clause 3 herein above.
(c) Whenever the Recipient pays the applicable Early Return Charges, the Company shall return the Refundable Deposit.
5. Warranty for use
(a) The Company grants a limited warranty for use of the JioPhone in terms of the warranty conditions as available at ‘www.jiophone.com’.
(b) The Company offers no warranty for third party hardware accessories whether authorized or not by the Company for use with the JioPhone.
(c) Any repairs/replacement of parts of the JioPhone not covered by warranty may be carried out by the Company on payment of charges by the Recipient as stipulated by the Company from time to time.
6. Return of JioPhone
(a) The JioPhone shall be returned by the Recipient to the Company on or after the expiry of thirty six months but before the expiry of thirty nine months from the date of first issue of the JioPhone. The Company will accept the return and repay the Refundable Deposit, provided:
(i) The JioPhone is not damaged (normal wear & tear excepted) and is in working condition;
(ii) Any and all data or other information of the Recipient on the JioPhone is deleted and purged before returning the JioPhone;
(iii) The Recipient complies with any other terms and conditions as may be stipulated (available at ‘www.jiophone.com’ and such other partner sites as the Company may determine) at by the Company for return of the JioPhone; and
(iv) The Recipient removes the SIM card from the JioPhone before returning the same;
(collectively “Return Conditions”).
(b) Returning the JioPhone does not cancel the Recipient’s service contract with the Authorized Carrier(s).
7. Default and Consequences
Where the Recipient:
i) fails to adhere to any of the terms and conditions and the Company repossesses the JioPhone from the Recipient, the same consequences as in the case of return of JioPhone as per Clause 3 shall apply;
ii) fails to return the JioPhone within a period of three months after expiry of thirty six months from the date of first issue of JioPhone (‘Return Period’) for whatsoever reasons, all of the following consequences shall ensue, namely:
i. The Refundable Deposit shall stand forfeited on the expiry of the Return Period without any further notice to the Recipient;
ii. The Company shall be entitled to receive back/repossess the JioPhone;
iii. The Company may exercise any other recourse or remedies that it may have, whether in law or in equity.
8. Intellectual Property Rights
The Company or all the right holders in/of the JioPhone, as the case may be, own title, interest and rights, including all related intellectual property rights, in/of the JioPhone and the Recipient acknowledges that such ownership shall include all intellectual property rights arising from any suggestions, enhancement requests, recommendations or other information provided by the Recipient, whether in the course of use of the JioPhone or otherwise.
9. Recipient Data
(b) The Recipient acknowledges and agrees to abide by the terms and conditions of use of the JioPhone, as per its end user license agreement (EULA), including but not limited to the data privacy terms related thereto. The EULA, including the applicable data privacy terms and policy are made available on the JioPhone.
10. Contact Details
Name: JioPhone Care Manager Address: Building 4, Reliance Corporate Park, Ghansoli, Thane Belapur Road, Navi Mumbai - 400 701 Email: jiophonecare@jioPhone.com Website: www.jiophone.com
11. No Liability
(a) The Recipient acknowledges and agrees that, the Company shall not be liable for any indirect, incidental, special, consequential or exemplary loss or damages, howsoever arising, including loss of data.
(b) The Recipient acknowledges and agrees that save and except return of the Refundable Deposit as per terms herein, the Company shall not be liable to make any payment or incur or suffer any liability to the Recipient, under any circumstances whatsoever.
Where any particular term or provision of this JioPhone offer is determined under applicable law to be un-enforceable, such un-enforceable term(s) shall be severed from and will not affect any other terms and conditions. The Company reserves the right to substitute any such un-enforceable term or provision with a suitable and enforceable provision at its sole discretion.
13. Dispute Resolution
All disputes shall be governed under the laws of India and are subject to the jurisdiction of the Courts of Mumbai only.
1.1 Reliance Retail Limited and its affiliated companies (hereinafter referred to as “RRL”) are committed to protecting and respecting your privacy.
2. Changes to Policy
2.1 We are obligated to protect your information in accordance with applicable laws, and regulations.
2.2 This Policy is subject to modification based on changes in the business, legal and regulatory requirements and will be updated online. We will make all efforts to communicate any significant changes to this Policy to you. You are encouraged to periodically visit this page to review the Policy and any changes to it.
3. Third Party Services
3.1 Please note that your mobile service provider, mobile operating system provider, third party applications (including the applications pre-loaded on the JioPhone and other stipulated RRL devices), social media platforms and websites that you access may also collect, use and share information about you and your usage. We cannot control how these third parties collect, use, share or secure this information. For information about third-party privacy practices, please consult their respective privacy policies.
4. Personal Information:
4.1 Personal information is defined as information that can be used to identify you and may include details such as your name, age, gender, contact information, products and services you are interested in or require more information about. Insofar as sensitive personal information is concerned, it will carry the meaning as may be defined by applicable laws from time to time.
4.2 You may at any time, opt-out of sharing the abovementioned personal information.
4.3 The following is the manner in which we collect, use, share and retain personal information.
You agree that RRL, its licensees and agents may collect such personal information, whenever relevant, to help providing you with information on products and services. You also consent to the collection of certain personal information in the course of your applying for the products and/or services and during activation and validation for internet-based services.
RRL seeks this information either to (i) validate and process your request for products, services or information; (ii) to improve the quality of RRL products and services; (iii) to assist you to determine which products and services best meet your needs; or (iv) to facilitate our internal business operations, including the fulfilment of any legal and regulatory requirements; or (v) to provide you with recommendation about services you may be interested in, based on your use of JioPhone and/or stipulated RRL devices and services; or (vi) to provide you with marketing communications and advertising that RRL, its licensees and agents, believe may be of interest of you.
(a) RRL may disclose personal information to its affiliates when necessary to perform services on RRL’s behalf or on your behalf, such as, fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, to provide display advertising and promotional services, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service.
(b) RRL may also share personal information with external organizations or individuals if RRL believes that access, use, preservation or disclosure of the information is reasonably necessary to:
(i) meet any applicable law, regulation, legal process or enforceable governmental request;
(ii) detect, prevent or otherwise address fraud, security or technical issues;
(iii) protect against harm to the rights, property or safety of RRL customers or the public, as required or permitted by law.
The information so collected shall be retained only for a limited duration necessary to fulfil the purposes outlined herein unless a longer retention period is required or permitted by law and only for the purposes defined above. Once the purpose is achieved, all personal information is deleted in a safe and secure mode.
5. Non-Personal Information
5.1 Non-personal information is defined as any data that does not personally identify you and may include unique system or hardware identifiers, system or application software, and peripherals.
5.2 Any non-personal information, when clubbed with personal information shall be treated as personal information. You may at any time, opt-out of sharing the same.
5.3 The following is the manner in which we collect, use, share and retain non-personal information.
You agree that RRL, its licensees and agents, may collect diagnostic, technical, usage and related information, for the usage purposes described below.
The abovementioned information is gathered periodically to provide and improve RRL’s products and services, facilitate the provision of software updates, product support and other services to you (if any) and to verify compliance with the terms of this Policy.
To enable RRL’s partners and third party developers to improve their software, hardware and services designed for use with RRL products, RRL may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you.
The information so collected shall be retained only for a limited duration necessary to fulfill the purposes outlined herein unless a longer retention period is required or permitted by law and only for the purposes defined above. Once the purpose is achieved, all information is deleted in a safe and secure mode.
6. Location Services
6.1 RRL, its licensees and agents, may access, collect and analyse JioPhone and/or other stipulated RRL device’s precise geo-location and other information related to your location on a regular basis through Bluetooth and Wi-Fi signals, calendar entries and other technologies and data for certain purposes, such as to provide location-related notifications or information you request. In order for RRL or location service providers to collect geo-location information, the location settings must be enabled on the JioPhone and/or other stipulated RRL devices. Therefore, in some cases, RRL or location service providers may request that you enable the location settings.
6.2 Except in cases where any specific services requested by you require or involve personal identification, RRL, its licensees and agents, collects location data anonymously and in a form that does not personally identify you. This location data may be used by RRL, its licensees and agents to provide and improve location-based products and services. By using any location-based services provided by or through JioPhone and/or other stipulated RRL devices or software, you agree and consent to transmission, collection, maintenance, processing and use of your location data and queries to provide and improve such products and services by RRL, its licensees, agents and third party developers.
7. Voice information
RRL, its licensees and agents, may collect and store recordings of your voice that RRL makes when you use voice commands to control a service. If RRL uses a third party service provider that provides speech-to-text conversion services on RRL’s behalf, RRL may share and allow the provider to receive and store certain voice commands.
8.1 Information collected by cookies and other technologies are treated as non-personal information. However, to the extent that IP addresses or similar identifiers are considered personal information by local law, RRL treats any information linked to such identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, RRL will treat the combined information as personal information.
9. Third Party Applications or Services
10. Other Information RRL collects
RRL, its licensees and agents, also may collect other information about you, the JioPhone or other stipulated RRL devices, or your use of the devices and services in ways that RRL, its licensees and agents, describe to you or otherwise with your consent. You can choose not to provide us with certain types of information, but doing so may affect your ability to avail and/or use some services
11. Third Party Applications, Websites & Services
12. Access, Correction And Deletion
12. 1 RRL strives hard to keep our records updated and accurate with your latest information. You shall be responsible to ensure that the information or data you provide from time to time is and shall be correct, current and updated and you have all the rights, permissions and consents to provide such information or data.
12.2 You may note that deletion of certain information or withdrawal of consent may lead to cancellation of your registration with JioPhone and/or other stipulated RRL devices or your access to certain features and services of JioPhone and/or stipulated RRL devices. Additionally, RRL may not be able to process your request of correction, updating or deletion, in case the same is not supported by valid documents or data retention is required by the applicable law or law enforcement requests or under any judicial proceedings or it is extremely difficult to implement (such as requests related to backup copies or if a new system is required to process the request or change of technical design) or risks the privacy of other users.
13. Queries And Complaints
13.1 RRL is committed to protect your personal information collected and processed by RRL and look forward to your continued support for the same. In case of any feedback or concern regarding protection of your personal information, or any privacy-related feedback or concerns you may contact JioPhone Care Manager at jiocare@JioPhone.com
13.2 You may forward your request/ complaints to: jiocare@JioPhone.com
A. THIS LIMITED WARRANTY APPLIES TO YOUR USE OF JIOPHONE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE JIOPHONE OFFER AND IS SUBJECT TO (1) YOUR ADHERENCE THEREOF; AND (2) ALL GUIDELINES THAT RELIANCE RETAIL LIMITED MAY STIPULATE FROM TIME TO TIME; AND (3) THE TERMS AND CONDITIONS OF THIS LIMITED WARRANTY.
B. THE TERMS AND CONDITIONS OF THE JIOPHONE OFFER UNDER WHICH THE JIOPHONE IS MADE AVAILABLE MAY BE ACCESSED AT www.JioPhone.com.
C. BY USING THE JIOPHONE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS WARRANTY.
1.1 Reliance Retail Limited (“Company”) warrants that by using the JioPhone (defined, for the purposes of this document, as the handset, adapter and the battery as provided in the original packaging), a limited warranty (“Warranty”) is being granted by the Company to address defects in material and workmanship only (“Defect”) which is applicable subject to the JioPhone being used normally and in adherence to (i) the JioPhone Offer; and (ii) the guidelines stipulated by the Company in the technical specifications, user manuals and service communications; and (iii) the terms and conditions of this Warranty.
1.2 This Warranty is applicable only to the individual who has been issued the JioPhone by the Company under the JioPhone Offer (“Consumer”).
1.3 Subject to the terms and conditions hereinafter recorded, a JioPhone having a Defect (“Defective Product”) shall be repaired or replaced free of charge upon submission of a valid claim by the Consumer (or his or her authorized representative) during the validity of this Warranty as stipulated in Clause 2 hereunder.
1.4 The Warranty shall be carried out by the Company or any person/service partners/service dealers authorized by the Company to perform any activities relating thereto. Any reference to the Company under the terms of this Warranty, wherever the context or meaning thereof so implies or necessitates, shall mean and include such persons authorized by the Company in terms hereof.
1.5 Any authorization of any person/service partners/service dealers to carry out the Warranty shall be at the discretion of the Company and shall be liable to change by the Company from time to time. The Consumer is advised to ensure that he/she verifies the latest list of authorized service centers/service partners/service dealers as may be published and updated from time to time by the Company at jiophone.com. The Company may not provide prior intimation to the Consumer of any such change in the list of authorized service centers/service partners/service dealers. The Company hereby disclaims any responsibility or liability for any delivery of the JioPhone by the Customer to service centres/service partners/service dealers that are not authorized or have ceased to be authorized by the Company from time to time.
1.6 TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, COMPANY LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS WARRANTY AND, AT COMPANY'S OPTION, THE REPAIR OR REPLACEMENT THEREOF AS PROVIDED FOR IN THIS WARRANTY.
2. WARRANTY PERIOD
2.1 This Warranty of the JioPhone extends for a period of twelve (12) months commencing from the date on which the JioPhone is delivered to the Consumer (“Warranty Period”).
2.2 On and from the expiry of the Warranty Period, the Company may, at its sole discretion, provide any repair or replacement of the JioPhone, including any JioPhone having a Defect, on chargeable basis. The Company hereby reserves the right to publish such charges on www.jiophone.com from time to time.
3. LIMITATIONS ON THE SCOPE OF WARRANTY:
3.1 This Warranty shall not be applicable in the event of any of the following conditions occurring:-
a) Complaints related to playability, printability, compatibility with external accessories, software, file systems, CODECs, signals, networks shall not be considered as a Defect in the JioPhone and are not covered under Warranty;
b) The JioPhone has been subject to abnormal use or conditions, improper storage, exposure to excessive moisture or dampness, exposure to excessive temperatures, abnormal voltage, excessive charging, unauthorised modifications, unauthorised repair (including but not limited to use of unauthorised spare parts in repairs), abuse, accident, acts of god, spills of food or liquids, cosmetic damage, improper installation and breakage or damage to antennae (otherwise than by reason of any Defect);
c) Company has not been notified by the Consumer of the Defect in the JioPhone during the applicable Warranty Period;
d) The JioPhone seal, serial number code or date code has been removed, defaced or altered;
e) The JioPhone has been used with or connected to an accessory:-
i. Not supplied or approved by Company or its affiliates,
ii. Not fit for use with the JioPhone, or
iii. Used otherwise than for the manner intended;
f) The seals of the JioPhone enclosure have been broken or shows evidence of tampering or the JioPhone has been used in equipment other than that for which it has been specified usable by Company;
g) A damage caused by operating the JioPhone outside the operating guidelines;
h) The JioPhone has been modified to alter functionality or capability without the written permission of Company;
i) Defects caused due to negligence/omission of the Consumer, including any failure by the Consumer to adhere to any (i) periodic maintenance(s) including necessary updates, upgrades, patches or other critical bug fixes as determined by the Company or its partners for the JioPhone; (ii) periodic servicing as determined by the Company or its partners for the JioPhone; or (iii) any other instructions as may be mentioned in the instruction manual and other documentation of the JioPhone;
j) Defects caused by normal wear and tear or otherwise due to the normal aging of the JioPhone;
k) Defects or damage caused due to malicious software or viruses, etc;
l) Any modifications, including but not limited to rooting attempts, reverse engineering, unlocking, jail-breaking, etc., of the JioPhone or original firmware(s) or software(s) of the JioPhone;
m) Any damage of plastic component like the front and back cover including the rubber components like key pads, antenna shall not be covered under warranty coverage.
3.2 The Consumer shall have no coverage or benefits from damages arising from failure under this Warranty in any of the following conditions as stipulated in Clause 3.1 above, and in such cases Company may at its sole discretion, repair the JioPhone on chargeable basis.
3.3 The decision of Company whether an issue falls in any of these categories as stipulated in Clause 3.1 above or not, shall be final and binding on the Consumer.
3.4 The Consumer owes a fundamental duty of care to the JioPhone. However, no Consumer is authorized to open the JioPhone, either by himself/herself or through any person not expressly authorized by the Company, for performing any upkeep or maintenance on the JioPhone and any such action on the part of the Consumer shall disentitle the Customer from availing this Warranty. Any damage caused by opening the JioPhone shall not be covered under this Warranty. Only the Company or its authorized entity should perform any repair on the JioPhone and such repair may, at the Company’s discretion, be chargeable services, save and except to the extent any repair, replacement or action is specifically covered by the terms of this Warranty;
3.5 LIMITATION OF LIABILITY: EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY IS NOT RESPONSIBLE FOR ANY DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF BUSINESS; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF JIOPHONE AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE JIOPHONE OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE JIOPHONE. COMPANY DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR THE JIOPHONE UNDER THIS WARRANTY OR REPLACE THE JIOPHONE WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE JIOPHONE.
3.6 CONSUMER SHOULD MAKE PERIODIC BACKUP COPIES OF THE INFORMATION CONTAINED ON THE JIOPHONE’S STORAGE MEDIA TO PROTECT THE CONTENTS AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES. DURING WARRANTY SERVICE THE CONTENTS OF THE STORAGE MEDIA WILL BE DELETED AND REFORMATTED. COMPANY AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE JIOPHONE SERVICED.
3.7 The Company reserves the right to change the method by which Company may provide Warranty to the Consumer, including the eligibility of any JioPhone to receive any particular kind of action required under the Warranty. The Warranty will be limited to the options available in the each state where service is requested. The options, parts availability and response times may vary according to the state. Consumer may be responsible for shipping and handling charges if the JioPhone cannot be serviced in the respective state itself.
3.8 The Warranty for the JioPhone is restricted to the country where Company or its authorized distributors originally delivered the JioPhone.
4. PROCESS FOR AVAILING WARRANTY
4.1 In order to derive the benefits of this Warranty in respect of any Defect in the JioPhone, the Consumer has to walk-in with the JioPhone with a valid claim to the authorised service centre of Company. The Consumer shall bring the Defective Product and collect after the completion of the service under this Warranty.
4.2 The Company may, at its sole discretion, determine and require such identification or documentation from the Consumer as a pre-requisite for the purposes of admitting Warranty claims, including documentary proof of issue of the JioPhone to the Customer and/or date of activation of the JioPhone and/or proof of his/her personal identification.
4.3 During the Warranty Period, Company or its authorized service partners or service dealers will repair or replace the Defective Product or any part thereof, subject to a valid claim being made by the Consumer. Such repair or replacement of the Defective Product shall include repair or replacement of a Defective Product which is “dead-on-arrival” or “dead-after-purchase”. The Company is authorized to stipulate the appropriate rules for determining the categories of Defective Products, from time to time.
4.4 The decision to either repair or to replace the Defective Product shall be at the Company’s sole discretion and where the Consumer submits a valid claim, he/she shall not be charged (whether for parts, labor or otherwise) for the repair or replacement of the Defective Product during the Warranty Period.
4.5 The Consumer acknowledges and agrees that whilst carrying out any repair during the Warranty Period, the Company may use accessories or parts that are new or refurbished/reconditioned that are equal to new ones in performance.
4.6 The Consumer acknowledges and agrees that any replacement during the Warranty Period of a Defective Product by a replacement of the same model/version/color shall be subject to availability and the Company may, at its discretion, provide a replacement which may be equal in performance but not necessarily the same model/version/color.
4.7 Following any servicing under a Warranty, the JioPhone or a replaced JioPhone, as the case may be, will be returned to you in the same state as the JioPhone was configured when originally provisioned to you, subject to applicable updates. The Company may install system software updates as part of servicing under the Warranty that may prevent the JioPhone from reverting to an earlier version of the system software. Third party applications and software programs installed on the JioPhone may not be compatible or work with the JioPhone as a result of the system software update. You will be responsible for reinstalling all such third party applications, software programs, including data and information. Recovery and reinstallation of such third party applications, software programs, including data and information are not covered under this Warranty.
4.8 The JioPhone may download and install product software updates automatically, if such update deemed necessary for improved performance of the JioPhone or for feature enhancements or for critical bug fixes or for security updates.
4.9 The Warranty in respect of a repaired or replaced JioPhone/part shall continue and remain in force only for the unexpired Warranty Period.
5.1 No person other than the Company is authorized to make any modification, extension, or addition to this Warranty.
5.2 All disputes shall be governed under the laws of India and are subject to the jurisdiction of the Courts of Mumbai only.