Reliance Retail Limited (“the Company”) offers to the applicant availing on or after 20th October 2024 (“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.

Security Deposit

1. An interest-free refundable security deposit of Rs 1,180 ( Rupees Eleven hundred eight only) (“Refundable Deposit”) shall be deposited by the Recipient in the manner stipulated by the Company.
2. 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.
3. 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.
4. 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.

Use of JioPhone

1. 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.
2. The JioPhone is available for continued use on the Recipient purchasing bundled 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.
3. 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.
4. 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.
5. 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).
6. 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.
7. The Recipient has no right to sell, lease, assign, and transfer or otherwise dispose-of the JioPhone in any manner whatsoever.
8. The right to use of JioPhone is given to the Recipient subject to Recipient’s compliance with the terms and conditions contained herein, including Clause 2(b). To facilitate this to the Recipient, the Company may enter into financial arrangements with a company and/or lending institution of its choice (“Financing Entity”). The Company shall collect and appropriate payments received in Clause 2(b) towards charges payable to the Financing Entity and the Authorised Carrier(s).

Early Return of the JioPhone

• 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 Jio Phone	Early Return Charges
Upto 12 months from the date of first issue of the Jio Phone	Rs 1180 (Rupees Eleven hundred eight only)
After 12 months and upto 24 months	Rs 699 (Rupees six Hundred Ninety Nine only)
After 24 months and upto 36 months from the date of first issue of the Jio Phone	Rs 399 (Rupees Three Hundred Ninety Nine only)

• 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.

Repossession of JioPhone

1. The Company has the right to repossess the JioPhone if the Recipient fails to purchase recharge vouchers as per Clause 2(b) above.
2. 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.
3. Whenever the Recipient pays the applicable Early Return Charges in terms of Clause 3 herein above, the Company shall return the Refundable Deposit.

Warranty for use

1. The Company grants a limited warranty for use of the JioPhone in terms of the warranty conditions as available at ‘www.jiophone.com’.
2. The Company offers no warranty for third party hardware accessories whether authorized or not by the Company for use with the JioPhone.
3. 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.

Return of JioPhone

1. 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:
   1. • The JioPhone is not damaged (normal wear & tear excepted) and is in working condition;
      • Any and all data or other information of the Recipient on the JioPhone is deleted and purged before returning the JioPhone;
      • 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;
      • Recipient has complied with all of its obligations under Clause 2 to the satisfaction of the Company to enable release of the Company’s lien in terms of Clause 1 (c). and
      • The Recipient removes the SIM card from the JioPhone before returning the same; (collectively “Return Conditions”).
      • Returning the JioPhone does not cancel the Recipient’s service contract with the Authorized Carrier(s).

Default and Consequences
Where the Recipient:

1. 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;
2. 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:

• The Refundable Deposit shall stand forfeited on the expiry of the Return Period without any further notice to the Recipient;
•  The Company shall be entitled to receive back/repossess the JioPhone;
•  The Company may exercise any other recourse or remedies that it may have, whether in law or in equity.

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.

Recipient Data

1. The Recipient hereby authorizes the Company to collect, retain and use information as per the privacy policy of the Company which is made available at ‘www.jiophone.com’.
2. 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.

Contact Details

Name: JioPhone Care Manager Address: Building 4, Reliance Corporate Park, Ghansoli, Thane Belapur Road, Navi Mumbai - 400 701, https://www.jio.com/en-in/contact-us#/ Website: www.jiophone.com

No Liability

1. 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.
2. 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.

Severability

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.

Dispute Resolution
All disputes shall be governed under the laws of India and are subject to the jurisdiction of the Courts of Mumbai only.

Reliance Retail Limited (“the Company”) offers to the applicant (“Recipient”), the “JioPhone 2021” offer, comprising the device as per specifications and together with specified accessories as provided on company website at https://www.jio.com/en-in/jiophone#horizontalTab1 (“JioPhone”) on the terms and conditions herein contained (“JioPhone2021Offer”).

The JioPhone 2021 Offer is being made by the Company in the capacity of an owner and/or distributor and/or facilitator, acting for and on behalf of its relevant suppliers and/or such relevant/applicable right holders of the JioPhone (collectively “Suppliers”). All obligations undertaken by the Recipient under the JioPhone 2021 Offer are intended to benefit the Suppliers. Each of the Suppliers hold the rights, at all times, to enforce, directly or indirectly, the performance of the Recipient’s obligations and exercise the corresponding rights and remedies of the Company as contained herein-under. Notwithstanding any such rights exercised by the Suppliers as stated above, the Company shall be solely responsible for all matters relating to the JioPhone 2021 Offer. The Company reserves the right to notify the particulars of each of the Suppliers on the company website on the URL as mentioned in paragraph A above and Recipient will be deemed to have constructive notice thereof.

By applying for the JioPhone, the Recipient accepts the JioPhone 2021 Offer on the terms and conditions contained herein. These terms and conditions can be accessed at www.jiophone.com.

1. Use of JioPhone

• 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.

• The JioPhone is available for continued use by the Recipient and Recipient shall be obligated to use JioPhone for ‘charged’ services of an Authorized Carrier (presently Reliance Jio Infocomm Limited) for a minimum continuous period of three hundred (300) days of every one (1) year, over a three (3) year period from the date of the first issue of JioPhone under the JioPhone 2021 Offer. The Recipient’s recharge vouchers purchased by the Recipient under any of the plans as specified in Annexure A shall be considered towards compliance of this clause corresponding to such relevant period only as covered under the validity period of such plan.

• The Recipient has satisfied himself/herself/itself with the features of JioPhone and has agreed to receive JioPhone on “As-It-Is-Basis” and shall not tamper with or in any manner misuse JioPhone, including but not limited to rooting attempts, reverse engineering, unlocking or jail-breaking of JioPhone or original firmware(s) or software(s) of JioPhone.

• 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 JioPhone with any other compatible network from time to time.

• 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).

• 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.

• The Recipient has no right to sell, lease, assign, and transfer or otherwise dispose of JioPhone in any manner whatsoever.

• The right to use JioPhone is given to the Recipient subject to Recipient’s compliance with the terms and conditions contained herein, including Clause 1(b). The Recipient hereby irrevocably instructs and permits the Company to collect and appropriate payments received under Clause 1(b) towards meeting obligations owed to the Suppliers and charges payable to the Authorised Carrier(s).

2. Repossession of JioPhone

• The Company has the right to repossess JioPhone, if the Recipient fails to comply with Clause 1(b) above, and the Company shall be entitled to impose penalty and recover all reasonable costs incurred for such repossession, up to a value of Indian Rupees One Thousand (Rs. 1000/-) per JioPhone, plus any taxes applicable thereto.

3. Warranty for use

• The Company grants a limited warranty of six (6) months for use of JioPhone in terms of the warranty conditions as available at ‘www.jiophone.com’/.

• The Company offers no warranty for third party hardware accessories whether authorized or not by the Company for use with JioPhone.7

• Any repairs/replacement of parts of 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.

4. Return of JioPhone

• 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 JioPhone.

• The Company will accept any return of JioPhone, provided:

• JioPhone is not damaged (normal wear & tear excepted) and is in working condition;

• Any and all data or other information of the Recipient on JioPhone is deleted and purged before returning JioPhone;

• 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 JioPhone;
• Recipient has complied with all its obligations under Clause 1 to the satisfaction of the Company; and

• The Recipient removes the SIM card from JioPhone before returning the same. (collectively “Return Conditions”)

• Returning JioPhone does not cancel the Recipient’s service contract with the Authorized Carrier(s).

• Under no circumstances shall the Recipient be entitled to any refund and/or set-off of any monies, including amounts paid by the Recipient towards usage vouchers/ recharges of JioPhone.

5. Default and Consequences

• Where the Recipient fails to adhere to any of the terms and conditions, including Recipient’s compliance with the conditions of continuous use under Clause 1 and/or the conditions applicable at the time of return as specified in Clause 4, the Company shall be entitled to, without prejudice to any other rights or remedies that it may have, whether in law or in equity: (i) repossess JioPhone from the Recipient; and (ii) the same consequences as contemplated in Clause 2 shall apply upon such repossession. For avoidance of doubt, receipt of JioPhone by the Company under the JioPhone 2021 Offer pursuant to return thereof by the Recipient where the Recipient fails to comply with any of the conditions of return under Clause 4, shall be deemed to be repossession for the purposes of this clause.

6. Intellectual Property Rights

• Each of the Company and/or all the right holders in/of the JioPhone, including the Suppliers, as the case may be, own title, interest and rights, including all related intellectual property rights, in/of 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 JioPhone or otherwise.

7. Recipient Data

• The Recipient hereby authorizes the Company to collect, retain and use information as per the privacy policy of the Company which is made available at ‘www.jiophone.com’.

• The Recipient acknowledges and agrees to abide by the terms and conditions of use of 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 JioPhone.

8. Contact Details

• All communications in connection with the JioPhone 2021 Offer shall, at all times, be made only to the Company and not to the Suppliers. The following are the contact details of the Company: Name: JioPhone Care Manager Address: Building 4, Reliance Corporate Park, Ghansoli, Thane Belapur Road, Navi Mumbai - 400 701, https://www.jio.com/en-in/contact-us#/, Website: jiophone.com

9. No Liability

• 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.

• The Recipient acknowledges that the Company shall not be liable to make any payment or incur or suffer any liability to the Recipient, under any circumstances whatsoever.

10. Severability

• Where any particular term or provision of the JioPhone 2021 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.

11. Dispute Resolution

• All disputes shall be governed under the laws of India and are subject to the jurisdiction of the Courts of Mumbai only.

Annexure A

MRP (Rs.)	1499	1999
Data	2GB/ recharge cycle	2GB/ recharge cycle
Voice	Unlimited	Unlimited
SMS	50/ recharge cycle	50/ recharge cycle
Validity	28 days* 12 recharge cycles	28 days * 24 recharge cycles
Benefits can only be used on JioPhone
Complimentary Subscription to Jio Apps

Note:

1. 1 Recharge Cycle= 28 Days
2. Benefit will be provided every 28^th day on the JioPhone availed with the JioPhone 2021 Offer.

• Reliance Retail Limited (“the Company”) offers to the applicant availing on or after 4^th October 2019 (“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.
• 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.

• Security Deposit
  • An interest-free refundable security deposit of Rs 699 ( Rupees Six Hundred Ninety Nine only) (“Refundable Deposit”) shall be deposited by the Recipient in the manner stipulated by the Company.
  • 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.
  • 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.
  • 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.
• Use of JioPhone
  • 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.
  • The JioPhone is available for continued use on the Recipient purchasing bundled 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.
  • 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.
  • 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.
  • 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).
  • 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.
  • The Recipient has no right to sell, lease, assign, and transfer or otherwise dispose-of the JioPhone in any manner whatsoever.
  • The right to use of JioPhone is given to the Recipient subject to Recipient’s compliance with the terms and conditions contained herein, including Clause 2(b). To facilitate this to the Recipient, the Company may enter into financial arrangements with a company and/or lending institution of its choice (“Financing Entity”). The Company shall collect and appropriate payments received in Clause 2(b) towards charges payable to the Financing Entity and the Authorised Carrier(s). 
• Early Return of the JioPhone
  • 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 Jio Phone	Early Return Charges
    Upto 12 months from the date of first issue of the Jio Phone	Rs 699 (Rupees Six Hundred Ninety Nine only) plus applicable GST or other taxes
    After 12 months and upto 24 months	Rs 499 (Rupees Four Hundred Ninety Nine only) plus applicable GST or other taxes
    After 24 months and upto 36 months from the date of first issue of the Jio Phone	Rs 299 (Rupees Two Hundred Ninety Nine only) plus applicable GST or other taxes

  • 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.
• Repossession of JioPhone
  • The Company has the right to repossess the JioPhone if the Recipient fails to purchase recharge vouchers as per Clause 2(b) above.
  • 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.
  • Whenever the Recipient pays the applicable Early Return Charges in terms of Clause 3 herein above, the Company shall return the Refundable Deposit.
• Warranty for use
  • The Company grants a limited warranty for use of the JioPhone in terms of the warranty conditions as available at ‘www.jiophone.com’.
  • The Company offers no warranty for third party hardware accessories whether authorized or not by the Company for use with the JioPhone.
  • 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.
• Return of JioPhone
  • 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:
    • The JioPhone is not damaged (normal wear & tear excepted) and is in working condition;
    • Any and all data or other information of the Recipient on the JioPhone is deleted and purged before returning the JioPhone;
    • 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; 
    • Recipient has complied with all of its obligations under Clause 2 to the satisfaction of the Company to enable release of the Company’s lien in terms of Clause 1 (c).
      and
    • The Recipient removes the SIM card from the JioPhone before returning the same; (collectively “Return Conditions”).
  • Returning the JioPhone does not cancel the Recipient’s service contract with the Authorized Carrier(s).
• 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.
• 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.
• Recipient Data
  • The Recipient hereby authorizes the Company to collect, retain and use information as per the privacy policy of the Company which is made available at ‘www.jiophone.com’.
  • 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.
• Contact Details
  • Name: JioPhone Care Manager Address: Building 4, Reliance Corporate Park, Ghansoli, Thane Belapur Road, Navi Mumbai - 400 701 , https://www.jio.com/en-in/contact-us#/ , Website: www.jiophone.com
• No Liability
  • 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.
  • 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.
• Severability
  • 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.
• Dispute Resolution
  • All disputes shall be governed under the laws of India and are subject to the jurisdiction of the Courts of Mumbai only.

• Reliance Retail Limited (“the Company”) offers to the applicant (“Recipient”), “JioPhone Monsoon Hungama offer” (“Offer”) effective on and from 20^th July, 2018 (as per specifications and together with specified accessories as provided on company website ‘www.jiophone.com’) on the terms and conditions as specified at www.jiophone.com.
• The Recipient acknowledges that the Recipient has a choice to avail the JioPhone either (i) by depositing a sum of Rs. 1500/- in the manner specified at www.jiophone.com; or (ii) under this Offer.
• By applying for the Offer and affixing an electronic or physical signature, the Recipient hereby signifies acceptance of all terms and conditions as stated herein.

• Eligibility for Offer
  • The Offer is eligible only to such Recipient who:
    • Deposits an interest-free refundable security deposit of Rs. 501/- (Rupees Five Hundred and One only) in accordance with Clause 3 below; and
    • Pays to the Company an amount of Rs. 495/- (Rupees Four Hundred and Ninety Five only) for electronic vouchers; and
    • Is a subscriber of the telecommunication services of an “Authorised Carrier” as on the date of issuance of the JioPhone in terms of the Offer, whether by way of a fresh subscription or successful porting to the services of an Authorised Carrier by availing the mobile number portability option available with such Recipient; and
    • Pays to the Company or its authorized retailer Rs. 99/- (Rupees Ninety Nine only) for the first month of usage of the JioPhone under the Offer; and
    • Delivers to the Company, subject to Clause 2 below, a feature phone out of the phones listed at Annexure A, including its accessories, in such condition as may be found acceptable by the Company and delivered at such place and manner as may be prescribed by the Company from time to time (collectively “Feature Phone”). The decision of the Company with respect to the acceptance or rejection of the Feature Phone shall be final and binding upon the Recipient; and
    • Agrees to adhere to the terms and conditions of this Offer.
• Conditions applicable to Feature Phone
  • The Recipient shall be obligated at all times, at his sole costs, expenses and liability, to ensure that the Feature Phone delivered by the Recipient to the Company, satisfies the following conditions:
    • The delivery of the Feature Phone to the Company is made by the Recipient in adherence to such stipulations for place and time of delivery as may be determined by the Company from time to time;
    • The Feature Phone is free from any and all encumbrances, liens, attachments, disputes, legal flaws, exchange or any agreement of sale, lease, subsisting loan or other mode of finance, etc. and the Recipient has clear ownership and/or authorization thereof;
    • The Company may examine the Feature Phone before acceptance or rejection thereof;  
    • The Recipient is solely responsible for deleting any and all data on the Feature Phone and once the same is delivered to and accepted by the Company, the Company shall have no responsibility or liability, in any manner whatsoever, towards any data as may be found to remain in the Feature Phone. 
    • Once delivered and accepted by the Company, all ownership rights or any other residual rights of the Recipient and/or any person claiming through the Recipient shall stand abated in the Feature Phone.
  • The Recipient acknowledges and agrees that the Feature Phone has no commercial value for the Company beyond e-waste and, once delivered by the Recipient and accepted by the Company: (i) shall not be liable to be returned under any circumstances and (ii) the Company and/or its authorised agents shall have irrevocable right to discard/dispose the Feature Phone as e-waste in accordance with applicable laws.
• Refundable Deposit
  • An interest-free refundable security deposit of Rs. 501/- (Rupees Five Hundred and One only) (“Refundable Deposit”) shall be deposited by the Recipient in the manner stipulated by the Company, after acceptance of the Feature Phone by the Company in terms of Clause 1(a) (i) above.
  • The Company may also permit from time to time specified electronic vouchers for availing the Offer, on such terms and conditions as applicable to such vouchers and as the Company may deem fit, from time to time.
  • 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.
  • 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.
  • 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.
• Use of JioPhone
  • 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.
  • The JioPhone is available for continued use by the Recipient for services of an Authorized Carrier in the following manner:
    • The Recipient shall pay Rs. 99/- (Rupees Ninety Nine only) for the first month upon issuance of the JioPhone under the Offer (“FRC Recharge”);
    • The electronic vouchers purchased by the Recipient as part of the Offer shall be considered on and from the expiry of the FRC Recharge, for five (5) subsequent usage cycles of Rs. 99/- each;
    • The Recipient acknowledges that he/she/itself shall be obligated to use the JioPhone for charged services¹ of an Authorized Carrier for a minimum continuous period of three hundred (300) days of every one (1) year over a three (3) year period from the date of the first issue of the JioPhone under this Offer.
  • 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.
  • 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.
  • 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)².
  • 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.
  • The Recipient has no right to sell, lease, assign, and transfer or otherwise dispose-of the JioPhone in any manner whatsoever.
  • The right to use of JioPhone is given to the Recipient subject to Recipient’s compliance with the terms and conditions contained herein, including Clause 4(b). To facilitate this to the Recipient, the Company may enter into financial arrangements with a company and/or lending institution of its choice (“Financing Entity”). The Company shall collect and appropriate payments received in Clause 4(b) towards charges payable to the Financing Entity and the Authorised Carrier(s).
• Early Return of the JioPhone
  • The Recipient may return the JioPhone at any time post end of thirty (30) months from the date of first issue upon payment of Rs. 501/- plus applicable GST or other taxes (“Early Return Charges”).
  • On the Recipient complying with the Return Conditions as defined in Clause 9 below and paying the Early Return Charges, the Company shall return the Refundable Deposit to the Recipient.


• Return of the JioPhone
  • Recipient may return the JioPhone availed under this Offer, after the expiry of three years from the date of first issue in accordance with the conditions stipulated under Clause 9 or as early return in terms of Clause 5.
  • The Recipient shall comply with the Return Conditions as defined in Clause 9 below for return of JioPhone to the Company.
  • Where a Recipient who is fully compliant with the terms and conditions of the Offer, returns the JioPhone in accordance with Clause 9 below, as specified, the Company shall return to such Recipient, the Refundable Deposit.
  • The Refundable Deposit shall stand forfeited by the Recipient, if the Recipient returns the Jio Phone availed under this Offer at any time prior to/or the expiry of three years or as otherwise specified in Clause 5 from the date of first issue where the Recipient has, in the Company’s sole opinion, not complied with any of the terms and conditions of the Offer.


• Repossession of JioPhone
  • The Company has the right to repossess the JioPhone if the Recipient fails to comply with Use of JioPhone as per Clause 4(b) above.
• Warranty for use
  • The Company grants a limited warranty for use of the JioPhone in terms of the warranty conditions as available at ‘www.jiophone.com’.
  • The Company offers no warranty for third party hardware accessories whether authorized or not by the Company for use with the JioPhone.
  • 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.
• Conditions for Return of JioPhone
  • The JioPhone shall be returned by the Recipient to the Company on or after the expiry of thirty six months, or earlier as specified in clause 5, but before the expiry of thirty nine months from the date of first issue of the JioPhone. [Update: In continuation of our goodwill gesture, in view of the pandemic, the Company further extends the thirty-six month period of use for JioPhones till 31st August 2021 for all JioPhones where this period has expired and accordingly, the period within which such JioPhones shall be returned in terms of this Clause 9a will be reckoned as within three months from 31^st August 2021. This extension is without prejudice to any of the Company’s rights and entitlements under the Offer.] The Company will accept the return and repay the Refundable Deposit, provided:
    • The JioPhone is not damaged (normal wear & tear excepted) and is in working condition;
    • Any and all data or other information of the Recipient on the JioPhone is deleted and purged before returning the JioPhone;
    • 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
    • The Recipient removes the SIM card from the JioPhone before returning the same;
      (collectively “Return Conditions”).
  • Returning the JioPhone does not cancel the Recipient’s service contract with the Authorized Carrier(s).
• Default and Consequences
  • Where the Recipient:
    • 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 6 shall apply;
    • 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:
      • The Refundable Deposit shall stand forfeited on the expiry of the Return Period without any further notice to the Recipient;
      • The Company shall be entitled to receive back/repossess the JioPhone;
      • The Company may exercise any other recourse or remedies that it may have, whether in law or in equity.
• 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.
• Recipient Data
  • The Recipient hereby authorizes the Company to collect, retain and use information as per the privacy policy of the Company which is made available at ‘www.jiophone.com’.
  • 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.
• Contact Details
  • The following are the contact details of the Company, which may be updated by the Company from time to time and made available on www.jiophone.com:
    • Name: JioPhone Care Manager;
    • Address: Building 4, Reliance Corporate Park, Ghansoli, Thane Belapur Road, Navi Mumbai - 400 701
    • https://www.jio.com/en-in/contact-us#/
    • Website: www.jiophone.com
• No Liability
  • 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.
  • 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.
• Severability
  • 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.
• Dispute Resolution
  • All disputes shall be governed under the laws of India and are subject to the jurisdiction of the Courts of Mumbai only.

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 bundled 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. (h) The right to use of JioPhone is given to the Recipient subject to Recipient’s compliance with the terms and conditions contained herein, including Clause 2(b). To facilitate this to the Recipient, the Company may enter into financial arrangements with a company and/or lending institution of its choice (“Financing Entity”). The Company shall collect and appropriate payments received in Clause 2(b) towards charges payable to the Financing Entity and the Authorised Carrier(s).
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 in terms of Clause 3 herein above, 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. [Update: In continuation of our goodwill gesture, in view of the pandemic, the Company further extends the thirty-six month period of use for JioPhones till 31st August 2021 for all JioPhones where this period has expired and accordingly, the period within which such JioPhones shall be returned in terms of this Clause 6a will be reckoned as within three months from 31st August 2021. This extension is without prejudice to any of the Company’s rights and entitlements under this offer.]  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;
(iv) Recipient has complied with all its obligations under Clause 2 to the satisfaction of the Company to enable release of the Company’s lien in terms of Clause 1 (d). and
(v) 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
(a) The Recipient hereby authorizes the Company to collect, retain and use information as per the privacy policy of the Company which is made available at ‘www.jiophone.com’.
(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, https://www.jio.com/en-in/contact-us#/ 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.
12. Severability
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. THIS LIMITED WARRANTY APPLIES TO YOUR USE OF JIOPHONE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE JIOPHONE 2021 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 2021 OFFER UNDER WHICH THE JIOPHONE IS MADE AVAILABLE MAY BE ACCESSED AT  https://www.jio.com/en-in/jiophone#horizontalTab1.
   
   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. 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 2021 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 2021 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 six (6) 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. GENERAL
   
   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.