ActiveAds software is provided by Jio Platforms Limited and/or its affiliates (“Company”, “we” or “us”), having office at 101, Saffron Near Centre Point, Panchwati 5 Rasta, Ambavadi Ahmedabad, GJ - 380006 (“ActiveAds”).
ActiveAds enables users of the MyJio application to (i) scan; (ii) listen; or (iii) manually enter a ‘key word’, using universal scanner facility provided by MyJio application, to have an interactive brand engagement experience (“Services”).
ActiveAds is made available on phones powered by Android, iOS or KaiOS (“Device”).
Your (“you”, “your” or “user”) use of ActiveAds is subject to the (i) terms and conditions as herein-under provided (“T&C”); (ii) terms and conditions for use of the respective Device made available to you; and (iii) terms and conditions for MyJio application.
Please note that your use of ActiveAds or Services on your Device may be subject to the respective privacy policies as may be published or made available as applicable.
Modifications of T&C: The Company reserves the right to change the T&C under which the Services are offered, including but not limited to the charges, if any, associated with the use of the Services. These T&C may be further modified 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 T&C to you. You are encouraged to periodically visit this page to review the T&C 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.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
The Services offered by ActiveAds are intended solely for the purpose of interactive brand engagement experience. Unless otherwise specified, ActiveAds is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or Services obtained from ActiveAds.
LINKS TO THIRD PARTY SITES
ActiveAds may contain links to or feeds from 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 ActiveAds 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.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of ActiveAds, you warrant to the Company that you will not use ActiveAds for any purpose that is unlawful or prohibited by this T&C. You may not use ActiveAds in any manner which could damage, disable, overburden or impair the Services.
The users are not entitled to use any kind of measures, mechanisms or tools (software or hardware) that could interfere with the functioning of ActiveAds or any of its Services.
THE COMPANY AND/OR ITS RESPECTIVE AFFILIATES MAKES NO REPRESENTATIONS ABOUT THE COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE AND SERVICES CONTAINED ON ACTIVEADS FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
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 ACTIVEADS.
YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY SERVICES SENT USING AND/OR INCLUDED IN THE ACTIVEADS BY ANY THIRD PARTY.
THE COMPANY DOES NOT GUARANTEE COMPATIBILITY WITH ALL OPERATING SYSTEMS, NETWORKS, INCLUDING ALL VERSIONS OF THEM. THE USE OF THE DEVICE, SITE, AND SOFTWARE, AND AUTOMATIC UPGRADES OF THE SOFTWARE, MAY REQUIRE UPGRADES TO DEVICE OPERATING SYSTEMS, NETWORKS, AND ACTIVEADS SOFTWARE.
ANY REQUIREMENTS FOR THE FUNCTIONING OF ACTIVEADS ON YOUR DEVICE, SUCH AS SUFFICIENT BATTERY BACK UP, INTERNET NETWORK STRENGTH ETC. IS YOUR SOLE RESPONSIBILITY.
IN NO EVENT SHALL THE COMPANY AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR OR IN RELATION TO THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE AND SERVICES OBTAINED THROUGH THE ACTIVEADS, OR OTHERWISE ARISING OUT OF THE USE OF, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
The Company reserves the right to blacklist, disable and terminate that user from further using ActiveAds or its Services.
If the Company disables access to your account in accordance with the T&C (for example if you violate any applicable terms), you may be prevented from accessing ActiveAds and/or the Device, your account details and/or any files and/or other Services that is stored with your account.
The Company reserves the right, at its sole discretion, to terminate your access to any or all Services of ActiveAds and the related Services or any portion thereof in case of any non-adherence to these Terms and Conditions by you.
Registration: In order to use the Services through ActiveAds, you are required to login and authenticate the account for the first time using a method as may be determined by the Company from time to time. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not transfer your account to anyone else without our prior written permission.
By using our Services, you hereby agree to ensure that the explicit prohibitions mentioned in section 9.4 are at all times adhered to.
Use Restriction: You must not access ActiveAds 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 you do not have any right to;
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act 1986;
Is misleading in any way;
Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
Harassing or advocates harassment of another person;
Involves the transmission of “junk mail”, “chained letters”, or unsolicited mass mailing or “spamming”;
Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Infringes upon or violates any third party’s rights (including, but not limited to, intellectual property rights, rights of privacy or rights of publicity);
Promotes an illegal or unauthorized copy of another person’s copyrighted work;
Provides instructional information about illegal activities such as making and/ or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
Solicits gambling or engages in any gambling activity which we in our sole discretion believe is or could be construed to be as illegal;
Harms minors in any way;
Violates any law for the time being in force;
Impersonates another person;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptiously intercept or expropriate any system, data or personal information;
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 offense or prevents investigation of any offense or is insulting any other nation.
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 ActiveAds. You are solely responsible for all such fees.
Updates: You may need to install updates to ActiveAds or related software that we introduce from time to time to use of ActiveAds. Services originating from ActiveAds may communicate with the servers from time to time to check for available updates to the Services and to the functionality of ActiveAds, 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.
USE WITH YOUR SMART DEVICE
You specifically acknowledge and agree that the Smart Device is made available by a third-party partner of the Company and the Company shall not be liable in any manner whatsoever for any claims made directly or arising out of your use of the Smart Device.
Any such claims shall be directed only to the third-party partner as applicable.
INTELLECTUAL PROPERTY RIGHTS
The Company or all the right holders in/of the ActiveAds and/or your Device, as the case may be, own title, interest and rights, including all related intellectual property rights, in/of ActiveAds and/or your Device and the user acknowledges 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 ActiveAds, your Device or otherwise.
Address: TC 22, Reliance Corporate IT Park, Thane Belapur Road, Navi Mumbai – 400 701
Email: firstname.lastname@example.org. In case of any feedback or concern regarding protection of your personal information, or any privacy-related feedback or concerns you may contact: Mrs. Radha Nair, Reliance Corporate IT Park, TC-22, Thane Belapur Road, Ghansoli, Navi Mumbai 400701. Email id: email@example.com
Where any particular term or provision of this T&C 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.
All disputes shall be governed under the laws of India and are subject to the jurisdiction of the Courts of Mumbai only.