Terms and Conditions for Partner with Jio

1. SCOPE:

1.1 This portal referred to as “Partner with Jio” (“Facility”) is owned and made available by Reliance Jio Infocomm Limited (“Company”, “we” or “us”), to enable users (“you”, “your” or “User”), interested in leasing out their property (“Property”) to Company for construction and operation of network towers or other structures serving a similar purpose, as may be determined by the Company as per its suitability, to submit an application containing certain details pertaining to themselves and their Property (“Application”), for evaluation by Company.

1.2 This Facility does not constitute an offer by the Company, for leasing out a User’s Property. Submission of an Application by a User will enable the Company to evaluate the Property, but does not in any manner guarantee use of such Property by the Company.

1.3 This Facility is only available on (i) jio.com web-portal; and (ii) MyJio application, made available by the Company (collectively, “Platform”). Further, this Facility is the only means through which users, interested in leasing out their Property to the Company for network tower construction, can submit details of their Property to the Company.

1.4 Your use of the Facility on the Platform requires that you agree to the terms and conditions herein contained, the privacy policy of the Facility available on the Platform, and all other terms and conditions governing your use of the Platform, which are included herein by reference (collectively, “Terms”). By accessing the Facility and by registering or signing up on the Facility, or otherwise having access to, receiving, and/or using the Facility, you acknowledge to have carefully read, understood and you consent to be governed and bound by the Terms. If you do not understand the Terms, or do not accept any part of them, then you should not use the Facility.

1.5 Only Persons who can form legally binding contracts under Indian Contract Act, 1872 may use the Facility. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors and un-discharged insolvents etc. are not eligible to use the Website. We reserve the right to refuse to provide you with access to the Facility if it is brought to our notice or if it is discovered that you are incompetent to contract.

1.6 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 of the Information Technology (Intermediaries Guidelines) Rules, 2011, which mandates for publishing of rules and regulations, privacy policy and terms of use for access or usage of Facility. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

2. PRIVACY AND PROTECTION OF PERSONAL INFORMATION:

2.1 Please refer to the privacy policy of the Facility available here

2.2 Please note that your use of the Facility on your Platform may be subject to the privacy policies as may be published or made available by the Platform.

 

3. MODIFICATIONS:

3.1 Modifications of the Terms: The Company reserves the right to modify/change the Terms, based on changes in the business, legal and regulatory requirements and such modifications will be updated online. We will make all efforts to communicate any significant changes to these Terms to you. You are encouraged to periodically visit this page to review these Terms and any changes to it. Your continued use the Facility will constitute your deemed acceptance of the updated Terms which shall be binding on you.

3.2 Modification of Facility: The Company reserves the right to add, modify or delete any content or features available with respect to the Facility at any time at its sole discretion.

 

4. INTELLECTUAL PROPERTY RIGHTS

4.1 The Company shall exclusively own title, interest and rights, including all related intellectual property rights, in/of the Facility including but not limited to object code of the Facility, features of Facility, 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 Facility, your Platform or otherwise.

 

5. REGISTRATION AND PROCEDURE

5.1 You are required to enter the relevant information and details as required and prompted by the Company for submitting Your Application.

5.2 Upon successfully submitting your Application, You may receive an application number.

5.3 The Company shall verify the information submitted by you, and subject to the requirement of the Company, the Company may contact you for further details and verification through an authorized agent of the Company.

5.4 The Company does not make the Facility, or any other similar portal, for acquiring sites for mobile towers, available through any other website, agencies, contractors and partners other than the Platform, in any manner whatsoever. Please note that the Company will not require you to make any prior payments while submitting your application, or before any potential agreement between you and the Company for lease of your Property is executed. As such the Company is not liable for any transactions made or money given by You to persons not being duly authorised officials of the Company. You are responsible for being cautious and diligent, in the event any fraudsters impersonating the Company approach you. In any such circumstance, you are advised to reach out to the Company for a clarification, using the contact details shared in these Terms.

5.5 In the event, your use of the Facility results into a lease arrangement with the Company, all the terms and commercials governing such lease, shall be as contained in the lease agreement that is finalized.

 

6. USE LIMITATIONS

6.1 The Facility enables you submit an application for evaluation of your Property for tower erection as prescribed by the Company from time to time.

6.2 As a condition of your use of the Facility, you warrant to the Company that you will not use the Facility for any purpose that is unlawful or prohibited by these Terms. You may not use the Facility in any manner which could damage, disable, overburden or impair the same or interfere with any other party's use and enjoyment of the Facility.

6.3 You are not entitled to use any kind of measures, mechanisms or tools (software or hardware) that could interfere with the functioning of the Facility.

 

7. GENERAL

7.1 Use Restriction: You must not access the Facility if you are a person who is either barred or otherwise legally prohibited from receiving or using the Facility or any services under the laws of India.

7.2 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 the Facility. You are solely responsible for all such fees.

7.3 Updates: You may need to install updates to the Platform or related software that we introduce from time to time to use of the Facility on the Platform. Your use of the Facility requires that you have agreed to receive automatically requested updates.

7.4 Accuracy of Information: You represent, warrant and covenant that all information entered by you while using the Facility, shall at all times remain 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.

7.5 Restricted Content: While accessing or using the Facility, you shall ensure that the no information submitted by you, or posted by you:

(a) belongs to another person, unless otherwise authorized to provide the such information by another person;

(b) 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 whatever;

(c) harms minors in any way;

(d) infringes any patent, trademark, copyright or other proprietary rights;

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) impersonates another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(i) 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

7.6 By submitting your Application, you further represent, warrant and covenant to the Company that:

7.6.1 You are willing to offer your Property on lease to the Company for network tower construction;

7.6.2 You have a clear and exclusive title of ownership over the Property;

7.6.3 The Property is free from encumbrances (including title dispute litigation and other claims) and charges of all kinds

 

8. DISCLAIMER AND WARRANTIES

8.1 You represent and warrant that the information provided by you, including third party information, to the best of your knowledge, are correct, not in violation of any applicable law, will not corrupt or disrupt the Facility, and that you have the right to share such information. You are responsible for the accuracy of information uploaded by you on the Facility and to keep such information up-to-date at all times.

8.2 Raising a false alarm or hoax call is a serious offence and may lead to civil and/or criminal charges being brought against you. We encourage you to adopt reasonable measures to prevent unauthorized and/or unsupervised access to the Facility, including but not limited to unsupervised use of the Facility by minors. The Company shall not be responsible for any such unauthorized and/or unsupervised access to the Facility and any damages whatsoever thereof.

 

9. LIMITATION OF LIABILITY:

9.1 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 FACILITY OR FOR ANY SECURITY BREACH OR ANY VIRUS, BUG, UNAUTHORIZED INTERVENTION, DEFECT, OR TECHNICAL MALFUNCTIONING OF THE FACILITY, 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 FACILITY OR THE CONTENT. FURTHER, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TEMPORARY DISABLEMENT, PERMANENT DISCONTINUANCE OR MODIFICATION OF THE FACILITY BY THE COMPANY OR FOR ANY CONSEQUENCES RESULTING FROM SUCH ACTIONS.

9.2 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, INCLUDING, WITHOUT LIMITATION, VIDEO-ENABLED PLATFORMS, VIDEO COMMUNICATION SERVICES, MODEMS, HARDWARE, SERVERS, SOFTWARE, OPERATING SYSTEMS, NETWORKING, WEB SERVERS, INTERNET AND TELEPHONE SERVICE (COLLECTIVELY, “EQUIPMENT”). 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.

9.3 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.

9.4 THE COMPANY AND/OR ITS RESPECTIVE AFFILIATES MAKES NO REPRESENTATIONS ABOUT COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE AND SERVICES CONTAINED ON THE FACILITY 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. The Company makes no representation or warranty, that your use of the Facility and submission of an Application, will result into the Company contacting you.

9.5 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 FACILITY. 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 FACILITY BY ANY THIRD PARTY.

9.6 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 FACILITY; (B) ANY DELAY OR INABILITY TO USE THE FACILITY; (C) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION OR SERVICES OBTAINED THROUGH THE FACILITY; (D) OR OTHERWISE ARISING OUT OF THE USE OF THE FACILITY; 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.

 

10. TERMINATION (TEMPORARY AND PERMANENT DISABLEMENT):

10.1 Unless otherwise provided in these Terms, your access to, and use of the Facility may be suspended/terminated by the Company without assigning any reasons at any time at the sole discretion of the Company. Upon termination / suspension, you shall not have the right to use or access the Facility.

 

11. INDEMNITY

You agree to indemnify, defend and hold harmless Company, its affiliates together with each of its and their directors, officers, employees, and agents  from and against any and all, losses, damages, liabilities, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses, demands, assessments, or payments of whatever kind, including reasonable attorneys' fees, disbursements and expenses that arise out of or relate to a proceeding (action, arbitration, investigation, hearing, litigation or suit (whether civil, criminal, administrative, judicial or investigative, and whether public or private) commenced, brought, conducted or heard by or before, or otherwise involving, any governmental authority or arbitrator made, brought or asserted by a third party, including a governmental authority connection with or arising out of your use of the Facility or any acts committed by you in violation of applicable laws, or the Terms.

 

12. 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.

 

13. FORCE MAJEURE:

The Company shall be under no liability whatsoever in the event of non-availability of any portion of the Facility or subscribed content occasioned by act of God, war, disease, 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 the Company.

 

14. 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.

 

15. CONTACT DETAILS:

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Name: Santosh Gajarmal
Address: TC22 4AWS237, Reliance Corporate IT Park, Thane Belapur Road, Ghansoli, Navi Mumbai – 400701
Email: jnp.go@ril.com