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
  1. 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.
  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. 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.
  4. 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.
  5. 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
  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 telecom recharge vouchers of an Authorized Carrier (presently Reliance Jio Infocomm Limited) from the Company or any of its authorized retailers for use in the JioPhone of a minimum value of Rs. 1,500/- per annum for a period of 3 years from the date of the first issue of the JioPhone.
  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.
3.Early Return of the JioPhone
  1. 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”):
  2. 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.
  3. 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.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;
    2. Any and all data or other information of the Recipient on the JioPhone is deleted and purged before returning the JioPhone;
    3. 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
    4. The Recipient removes the SIM card from the JioPhone before returning the same; (collectively “Return Conditions”).
  2. Returning the JioPhone does not cancel the Recipient’s service contract with the Authorized Carrier(s).
5.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. Clause 3 shall apply;
  3. 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:
  1. The Refundable Deposit shall stand forfeited on the expiry of the Return Period without any further notice to the Recipient;
  2. The Company shall be entitled to receive back/repossess the JioPhone;
  3. The Company may exercise any other recourse or remedies that it may have, whether in law or in equity.
6.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.

7.Contact Details

Name: JioPhone Care Manager Address: Building 4, Reliance Corporate Park, Ghansoli, Thane Belapur Road, Navi Mumbai - 400 701 Email: jiophonecare@jioPhone.com Website: www.jiophone.com

8.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.
9.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.

10.Dispute Resolution

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