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TERMS OF SERVICE AND END USER LICENSE AGREEMENT (‘EULA’)
The following EULA constitutes a legal agreement between Jaina Marketing India Private Limited (“Jaina”) and you (“User/you/your”) for use of the Device, Software, Firmware, APK (all terms defined below) whether pre-installed or downloaded by you, as the case may be.
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000, AND THE RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
If you do not agree to be bound or cannot comply with any term of this EULA, please do not continue with availing the services or using the Device. Your act of clicking on/checking the “I agree” tab/box below shall be deemed as agreement to this EULA. In the event that you are below the age of eighteen (18), then this EULA must be accepted by a parent or natural guardian prior to commencing any access or use of our services and/or the Device.
For the purposes of this EULA,
‘Device’ shall mean the mobile device of Jaina owned by you;
‘Software’ shall mean the pre-installed software including the APK in the Device, which software is either owned by Jaina or third party suppliers and includes upgrades, updates, enhancements and push notifications provided from time to time.
“Firmware” means the software packaged and programmed into the Mobile Devices and includes any updates, push notifications, upgrades provided by Jaina through the Firmware over the air technology or any other modes, from time to time
‘APK’ shall mean the preinstalled application store services which may be made available on your Device, which you can use to download third party applications.
ACCESSING, BROWSING OR OTHERWISE USING THE DEVICE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THIS EULA, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.
1. Licenses
Subject to the EULA and its terms and conditions, Jaina hereby grants you a limited, non-exclusive, non-transferable, non-sub licensable license to install, use, access, display and run one copy of the Software and the Firmware, which are owned or controlled by Jaina, on your Device in perpetuity for the territory of India. The rights granted herein are subject to your compliance with this EULA. The Software/Firmware is being licensed to you and you hereby acknowledge that no title or ownership in the Software and/or the Firmware is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software and/or the Firmware. For any part of the Software/Firmware owned by third party suppliers, the use of such Software/Firmware, as applicable, including the grant of the license in such third party Software/Firmware updates shall be governed by their individual end user license agreements.
2. Term and Reservations
The term of your license under this EULA shall commence on the date that you accept this EULA and install the Software/Firmware on the Device. You shall neither on your own nor enable/authorize/permit others to copy, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or algorithms of the Device, Software, Firmware or modify or disable any features of the Device, Software, Firmware or create derivative works based on the aforesaid. The license shall immediately terminate if you attempt to circumvent any technical protection measures used in connection with the Software, Firmware, Device, in breach of the terms of this EULA. You may not transfer this EULA or the rights to the Software, Firmware granted herein to any third party unless it is in connection with the sale of the Device. In the event the Device is sold, such sale must include all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA), Firmware and you shall not retain any copies of the Software or the Firmware, and the transferee shall automatically be deemed to be bound by all the terms contained herein.
Notwithstanding anything to the contrary, Jaina is not responsible for any Firmware/Software that fails to download/install on your Device, or is downloaded/installed incorrectly and/or any Firmware/Software that you are unable to use or access at any time for any reason whatsoever.
3. Software Updates
Jaina or such other third party may make available to you updates, upgrades, supplements and add-on components of the Software, Firmware including bug fixes, service upgrades and feature improvements after the date you obtain your initial copy of the Software/Firmware. This EULA shall apply to all and any component of the update, upgrades, supplements, add-on components, unless other terms are made available with such updates, supplements, add-on components. Jaina shall provide the updates, upgrades, or other enhancements entirely at its discretion and nothing in this EULA shall be deemed to impose an obligation on Jaina to provide the aforesaid.
You may need to install updates to the existing Software, Firmware that Jaina provides from time to time, for the continued or enhanced use of such Software or Firmware. Your use of the Software, Firmware and/or Device may also receive automatic updates. If you do not agree to such automatically requested and/or received updates then please do not use the Device, Software and/or Firmware.
Your Device or any computer that your Device may be synced to, may periodically check with the APK or any third party platform for updates to the Software, Firmware on your Device and, if available, the update may automatically download and install. You agree that the Device, through the Software/Firmware, APK and/or any third party platform, may automatically download and install updates onto your Device. For such download, additional network/service provider charges may apply.
4. Pricing
You agree and acknowledge that for the purposes of download or subscription of certain Software, you may have to pay a certain amount of fee applicable at the time of your download or subscription. Jaina and third party service providers reserve the right to increase or alter, at their discretion, the fees/charges payable for such download/subscription from time to time. The continued use of the Software earlier downloaded or subscribed may attract certain fees/charges. In the event you do not pay such charges/fees, as per the applicable terms and conditions, Jaina and/or the third party service provider, as the case may be, may discontinue your right to access, download, use and subscribe to such Software or any part thereof.
Pricing and availability of all Software on the APK are subject to change including at any time before you click the button indicating that you want to purchase or subscribe to such Software available on the APK. All sale of Software to you on the APK are final, and no returns, replacements or refunds are permitted. Each third party may have a separate refund, return and exchange policy and your use of the Software of such third party will be governed by such policies. If a replacement, return or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the Software that you acquired through that transaction.
Certain payment gateways may be made available to you on the APK, the use of such payment gateways by you shall be governed by the terms of use provided by such third party payment gateway service providers.
5. Ownership
Any and all rights not expressly granted to you by this EULA are retained by Jaina or third parties, as the case may be. Jaina and its suppliers own the title, copyright and other intellectual property rights in the Firmware and Software. For the sake of clarity, the Firmware, Software is only licensed as per terms of clause 1 herein and not sold.
6. Consent to use of data
Collection of data using Software, Firmware, Device will be performed as set out in the privacy policy available here. By installing, accessing or using the Device, Software, Firmware you explicitly agree with the terms and conditions of Jaina’s Privacy Policy and to any terms and conditions included therein by reference.
You agree that Jaina or its authorized representative, may collect and use technical information gathered as part of the product support services related to the Software/Firmware and updates provided to you, if any, such as IMEI, device number, model name, customer code, access recording, current operating system and related information. Jaina may use this information solely to improve their products or to provide customized services or technologies to you and will not disclose this information to any third party in a form that personally identifies you.
If you opt in to diagnostic and usage collection, Jaina and its affiliates may collect, maintain, process and use diagnostic, technical and usage related information, that is gathered to provide and improve products and services, facilitate the provision of software updates, product support and other services to you, if any, related to the Software/Firmware, and to verify compliance with the terms of this EULA. Jaina may use this information for the purposes described above and in accordance with its Privacy Policy as described in the Privacy Policy, Jaina and its representatives, licensees and third party developers may provide certain services that rely upon location information, such as your device’s GPS signal or information about nearby WiFi access points and cell towers that may be transmitted to Jaina, with your consent, when you use such location enabled services.
7. Internet Access
Some features of the Firmware, Software and/or Device may require your Device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. Unless your Device is connected to the internet through Wi-fi connection, the Firmware, Software will access the internet through your mobile network, which may result in additional charges as per your network service provider.
8. Third Party Applications
Certain third party applications or services may be included with, or downloaded on your Device. Such third party applications or services may display, include or make available content, data, information, applications or materials from third parties (‘Third Party Materials’) or provide links to certain third party websites. By using the Software, you acknowledge and agree that Jaina is not responsible for the availability of such applications and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such applications, in any manner whatsoever. You expressly acknowledge and agree that use of third party applications including any Third Party Materials is at your sole risk and that the entire risk of unsatisfactory quality, performance, accuracy and effort is with you.You agree to abide by all terms, conditions, restrictions applicable to you in connection with the Third Party Materials, as may be prescribed by such third parties, from time to time, without any recourse to Jaina.
You understand that by using the Device, Software and/or Firmware, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. You agree to use the Device, Software and/or Firmware at your sole risk and Jaina shall have no liability towards you for any material that may be found to be offensive, indecent, or objectionable. Product/service types and descriptions are provided for convenience, and you agree that Jaina does not guarantee their accuracy, fitness for any purpose, and/or suitability.
9. Restrictions
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Software, Firmware in any manner, and you shall not exploit the Software,Firmware in any unauthorized way whatsoever, including but not limited to, using the Software/Firmware to transmit any computer viruses, worms, trojan horses or other malware, or by trespassing or burdening network capacity. You are not permitted to collate, harvest and/or collect any personal data from the Software and/or Firmware. You further agree not to use the Device, Software, Firmware in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party and/or for any illegal purposes, and that Jaina is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the services, the Software and/or the Firmware. References on this Device to any names, marks, products, or services of any third-parties are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, or recommendation of, or affiliation with the third party or its products and services by Jaina, in any manner whatsoever. You may not remove any watermarks, labels or other legal or proprietary notices included in any Device, Software and/or Firmware, and you may not attempt to modify the Device, Software and/or Firmware, including any modification for the purpose of disguising or changing any indications of the ownership or source of such Device, Software and/or Firmware. You acknowledge and agree that the use of any third-party application is governed by such third party application provider’s terms of use, license agreement, privacy policy, or other such agreement, and that any information or personal data you provide, whether knowingly or unknowingly, to such third-party application provider, will be subject to such third party application provider’s privacy policy, if such a policy exists. You shall be solely responsible for obtaining any permissions, consents, or authorisations under the applicable laws pursuant to any embedding of the Firmware and/or the Software in the Device.
JAINA DISCLAIMS ANY RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION BY/TO A THIRD PARTY APPLICATION PROVIDER OR ANY OTHER PRACTICES OF ANY THIRD PARTY APPLICATION PROVIDER. JAINA EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING WHETHER YOUR PERSONAL INFORMATION IS CAPTURED BY ANY THIRD PARTY APPLICATION PROVIDER OR THE USE TO WHICH SUCH PERSONAL INFORMATION MAY BE PUT BY SUCH THIRD PARTY APPLICATION PROVIDER.
You hereby represent, warrant and undertake to Jaina that (i) You shall use the Software, Firmware and/or Device strictly in compliance with applicable laws; (ii) You shall not infringe any copyright, trademark, or patent or misappropriate any trade secret; (iii)You shall not use the Firmware, Software or Device for any deceptive, defamatory, obscene, pornographic or unlawful purposes; (iv) You shall not introduce any viruses, worms or other malicious computer programming codes into the Firmware, Software and/or Third Party Materials; and (v) You shall not otherwise violate the rights of any third parties.
The Device, Software, Firmware, may offer interactive features that allow you to submit materials (including links to third-party content) which may be accessible and viewable by other users and the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials. You hereby grant Jaina a worldwide, royalty-free, non-exclusive, perpetual license to use such materials as part of the Device, Software, Firmware, or in relation to the Device, Software, Firmware, without any compensation or obligation to you. Jaina reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability. Jaina has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Software, Device, Firmware, to investigate any reported or apparent violation of this EULA, and to take any action that Jaina in its sole discretion deems appropriate, including, without limitation, termination hereunder.
10. Use of APK
You agree and acknowledge that for you to use the APK for downloading any Software, you will have to create an account with a user name and password (“Account”). You must keep your user details secure and not share them with anyone. You further agree that your Account may be suspended, without any notice, in the event you breach this EULA or any end user license agreement of any third party or any part thereof. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account, and you agree to immediately notify Jaina in writing of any security breach of your Account. Jaina shall not be responsible for any losses arising out of the unauthorized use of your Account.
Purchase and/or download of any Software from the APK and/or download of the Firmware on the Device may be subject to further authentication and you agree to comply with any such procedure that may be applicable, from time to time. Each Software and Firmware may have a separate download and delivery timeline and you shall not hold Jaina responsible for any delay or failure in download, delivery, access and/or use of any Software and/or Firmware by you.
You agree and acknowledge that Jaina may use details from your Account for providing services, enhancements and upgrades, from time to time.
11. Termination
This EULA is effective until terminated. Your rights under this license will terminate automatically without notice from Jaina if you fail to comply with any of the terms and conditions of this EULA. Upon termination of this EULA, you must cease all use of the Software, Firmware and destroy all copies, full or partial of the Software.
12. Disclaimer of Warranties
UNLESS SEPARATELY STATED IN A WRITTEN EXPRESS LIMITED WARRANTY ACCOMPANYING YOUR DEVICE, ALL SOFTWARE/FIRMWARE PROVIDED BY JAINA WITH THIS DEVICE/SOFTWARE/FIRMWARE (WHETHER INCLUDED WITH THE DEVICE, DOWNLOADED, OR OTHERWISE OBTAINED) AND THE DEVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM JAINA OR ANY OF ITS AFFILIATES, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, JAINA DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY WITH THE DEVICE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JAINA OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY JAINA OF WARRANTY REGARDING SOFTWARE, FIRMWARE AND/OR THE DEVICE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM JAINA. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
13. Limitation of Liability
IN NO CASE SHALL JAINA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE AND/OR THE SERVICES, THE FIRMWARE AND/OR THE DEVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SOFTWARE OR THE DEVICE OR THE FIRMWARE, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, IN-APP PURCHASES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, THE FIRMWARE, AND/OR THE DEVICE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, JAINA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, JAINA’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SOFTWARE OR THIRD PARTY APPLICATIONS ON THIS DEVICE, THE FIRMWARE, THE DEVICE, OR ANY OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED THE AMOUNT YOU PAID SPECIFICALLY FOR THE DEVICE OR ANY SUCH THIRD PARTY APPLICATION THAT WAS INCLUDED WITH THIS DEVICE.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE YOUR RIGHT TO SUE, OR RECOVER ANY DAMAGES FROM JAINA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO ANY SERVICES, SOFTWARE, FIRMWARE OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF JAINA’S CONCLUSION THAT A VIOLATION OF THIS EULA HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION ABOVE APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS EULA.
13. Limitation of Liability
IN NO CASE SHALL JAINA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE AND/OR THE SERVICES, THE FIRMWARE AND/OR THE DEVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SOFTWARE OR THE DEVICE OR THE FIRMWARE, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, IN-APP PURCHASES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, THE FIRMWARE, AND/OR THE DEVICE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, JAINA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, JAINA’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SOFTWARE OR THIRD PARTY APPLICATIONS ON THIS DEVICE, THE FIRMWARE, THE DEVICE, OR ANY OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED THE AMOUNT YOU PAID SPECIFICALLY FOR THE DEVICE OR ANY SUCH THIRD PARTY APPLICATION THAT WAS INCLUDED WITH THIS DEVICE.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE YOUR RIGHT TO SUE, OR RECOVER ANY DAMAGES FROM JAINA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO ANY SERVICES, SOFTWARE, FIRMWARE OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF JAINA’S CONCLUSION THAT A VIOLATION OF THIS EULA HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION ABOVE APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS EULA.
14. Governing Law
You shall comply with the laws of India and/or any laws that may apply to You.
Notwithstanding the conflict of laws principle, the EULA shall be governed and construed in accordance with the laws of India and any dispute or other matter arising in reference to the use of the Device/Software/Firmware shall be referred to a sole arbitrator appointed by Jaina and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be New Delhi, and shall be conducted in English language. All the costs, charges and expenses in connection to the arbitration shall be solely borne by You.
Subject to the above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the aforesaid Act, including, without limitation, provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at New Delhi, India. Notwithstanding the foregoing, You agree that Jaina has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum.
15. General
a. You agree to bear the full, complete, and sole responsibility for using the Device, Firmware and/or Software for any purpose. You also agree to indemnify and hold Jaina harmless from and against any claims, proceedings, actions, damages, costs (including reasonable attorneys’ fees), and expenses resulting from your use of the Software and/or the Device and/or the Firmware for any illegal purpose and/or in breach of the provisions contained herein.
b. If any provision of this EULA is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.
c. You acknowledge that your representations and warranties, obligations and the clauses relating to indemnities, limitation of liability, governing law, confidentiality shall survive the efflux of time and the termination of this EULA.
d. The EULA and Privacy Policy constitute the entire agreement between you and Jaina governing your use of the Software including the mobile handheld device, superseding any prior agreements between you and Jaina regarding such use.
e. You hereby acknowledge and agree that the relationship between you and Jaina and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
f. You agree and acknowledge that owing to the evolving nature of the services, the terms of this EULA may be amended from time to time. You shall be solely responsible to keep yourself apprised of the changes which will be reflected in this document from time to time. Jaina may not send any private communication to you of any change. It is agreed that you will be bound by the amended EULA at all times.
E-WASTE MANAGEMENT
What Is E-waste?
E-waste, or electronic waste, is a popular, informal name for electronic products nearing the end of their “useful life”. Washing machines, and their accessories and spares, are common electronic products classified as e-waste. Many of these products can be reused and recycled.
E-waste is one of the fastest-growing waste streams in the world. While e-waste contains valuable materials such as aluminium, copper, gold, palladium, and silver, it also contains harmful substances like cadmium, lead, and mercury. In the absence of proper awareness, disposing of e-waste in landfills can result in toxic emissions into the air, water, and soil. This poses serious health and environmental hazards.
Advantages of Recycling Electronic Waste
E-waste contains hazardous but also valuable and scarce materials. Up to 60 elements can be found in complex electronics. Most electronic devices contain a variety of materials, including metals, that can be recovered for future uses. By dismantling and providing reuse possibilities, we conserve intact natural resources and avoid air and water pollution caused by hazardous disposal. Additionally, recycling reduces the amount of greenhouse gas emissions caused by the manufacturing of new products.
E-waste Management Rules, 2016, have been notified under the guidelines of the Ministry of Environment, Forest and Climate Change, Government of India. Jaina India Private Limited is committed to implementing the E-waste Rules.
We understand there is a need to encourage recycling all useful and valuable materials from e-waste to conserve ever-depleting natural resources. Recycling end-of-life discarded products is vital if we are to save resources and minimize landfill. Jaina India Private Limited understands its responsibility and has tied up with a leading authorized e-waste recycler, 3R Recycler Pvt. Ltd., and WeeeCare (PRO) to help our customers dispose of e-waste products after the end of its life.
WeeeCare, a renowned PRO having associations with best-in-industry dismantlers and recyclers, is recycling e-waste in the most organized manner in India. They have expertise in assisting producers in fulfilling their compliances related to Extended Producer Responsibility (EPR) and e-waste management.
As part of our partnership with WeeeCare (PRO), the company will provide EPR Services and ensure environmentally sound management of electronics that have reached their end-of-life phase. WeeeCare (PRO) has obtained all the necessary authorizations from the appropriate government agencies. WeeeCare (PRO) ensures proper recycling and disposal of e-waste. This helps us protect the environment from any hazards caused by improper e-waste management.
Do’s & Don’ts
- Do’s:
- Always look for information on end-of-life equipment handling in the catalogue that comes with your product.
- Ensure that only authorized recyclers or dismantlers handle your electronic products.
- Always call our toll-free numbers to dispose of products that have reached the end of their life.
- Always drop your used electronic products, batteries, or any accessories when they reach the end of their life at your nearest Authorized E-waste Collection Points.
- Always disconnect the battery from the product and ensure any glass surface is protected against breakage.
- Don’ts:
- Do not dismantle your electronic products on your own.
- Do not throw electronics in bins having a “Do Not Dispose” sign.
- Do not give e-waste to informal and unorganized sectors like local scrap dealers or rag pickers.
- Do not dispose of your product in garbage bins along with municipal waste that ultimately reaches landfills.
What Should I Do With My Electronic Discard?
The mantra of “Reduce, Reuse, Recycle” applies here.
Reduce your generation of e-waste through smart handling and good maintenance.
Reuse still functioning electronic equipment by donating to us.
Recycle those products that cannot be repaired. Customer may hand over their end-of-life products to our nearest drop points for proper recycling.
Life Cycle of Our Products:
As defined under the new E-waste (Management) Rules, 2016, the life cycle of our products are as follows:
| Item Description | Category | Average life cycle |
|---|---|---|
| Laptop Computers | ITEW3 | 5 Years |
| Notebook Computers | ITEW4 | 5 Years |
| Notebook Computers | ITEW5 | 5 Years |
| Feature Phones | ITEW15 | 7 Years | Smart Phones | ITEW15 | 5 Years |
| Television Sets (LCD & LED) | CEEW1 | 9 Years |
| Refrigerator | CEEW2 | 10 Years |
| Washing Machine | CEEW3 | 9 Years | Air Conditioners | CEEW4 | 10 Years |
Specific Collection Scheme:
Customers and end users can call our toll-free number (1800-3000-8198) to know more about the process of recycling and the nearest collection centre/point to drop off their e-waste. You will also get information about any incentive or exchange offer that may be available against your end-of-life product. You will receive incentives for your initiative depending on the remaining life of the product.
Channelization of E-waste:
Collection and Drop Points:
The following is a list of collection points where customers can hand over old discarded products: Link
Don’t forget to ask our executive about any offers available for the exchange of e-waste or handing over your e-waste to us for recycling. Our executive will let you know about available incentives.
We look forward to your support in ensuring the safe and efficient disposal of e-waste, a shared responsibility between our valued consumers and us. We value your cooperation.
To know more about safe and secure recycling and proper disposal of end-of-life electrical and electronic products, you can contact our toll-free numbers region-wise at:
Toll-Free: 1800-3000-8198 Email – pro@weeecare.in
PRIVACY POLICY
This privacy policy (“Privacy Policy”), applies to any device manufactured/distributed by Jaina India Private Limited (“Device”), software, website or online/digital application including any digital application(s) made available on a Device by Jaina (collectively ‘Services’) and describes and determines how We handle and/or deal in your personal information and sensitive personal information, as defined under the applicable laws of India (hereinafter collectively referred to as “Personal Information”).
This Privacy Policy shall be applicable throughout the territory of the world. This Privacy Policy inter alia determines, how We control the Personal Information provided by you to or collected by Jaina India Private Limited (“We/Us/Ours”), how We handle and deal in the Personal Information, correction of inaccuracies in the Personal Information provided by you to Us, the purposes for which the Personal Information provided by you may be used by Us.
This Privacy Policy should be read in conjunction with the EULA available here. This Privacy Policy will govern the use and access of the Services by You.
We collect, receive, possess, process, or store the Personal Information, to enable the Services to function more effectively, and to enable Us to provide more efficient Services to you. If the terms of this Privacy Policy are not acceptable to you, please do not proceed to use the Device including the Services provided by Us.
1. Collection
(a) We collect the following categories of Personal Information from you when you use the Services or any part thereof:
(i) Information you provide directly to us;
(ii) Information We collect about your use of any or all of Our Services include time and duration of the use of Services, location from which Services are accessed/used, the websites/applications you visit and use;
(iii) Information We obtain from third party sources;
(iv) Any other information that may be required by Us for allowing you to access and/or use the Services, including your name, contact information, age;
(v) Information relating to your Device, IMEI, hardware and software details, details of operating system and other unique identifiers;
(vi) The uniform resource locator (‘URL’), and IP address of any website or service page that you may visit pursuant to availing any Services offered by Us;
(vii) Details relating to your credit card or debit card pursuant to your use of any of Our Services;
(viii) Voice information, if any.
(b) The following will not qualify as Personal Information for the purposes of this Privacy Policy- information/ data, which is anonymous or which due to other factors, is incapable of identifying you either individually or in combination with other information;
(c) You agree that We are not responsible for the accuracy, authenticity or verification of the Personal Information provided by You.
2. Consent
(a) You hereby consent to the collection, storage, use, processing, disclosure, and transfer, of the Personal Information by Us for the purposes detailed in this Privacy Policy. You hereby acknowledge and agree that collection, storage, use, processing, disclosure, and transfer, by Us of the Personal Information is for a lawful purpose and does not violate the provisions of any law for the time being in force and that collection of such Personal Information is necessary for providing Services to you. We may aggregate or combine your Personal Information with Personal Information belonging to other users, to improve the quality of your user experience and the efficiency of Our Services, and you hereby expressly consent to the foregoing;
(b) You shall at any time be entitled to withdraw your consent to the collection, storage, use, processing, disclosure, and transfer, of the Personal Information by Us, by notifying your intention in writing to the Grievance Officer on the address provided in paragraph 13 below. However, in the event that you so choose to withdraw your consent to the aforesaid, We shall be entitled to discontinue providing any or all of the Services to you.
3. Storage
You acknowledge and agree that the Personal Information collected by Us, shall be stored by Us on Our servers (“Server(s)”). By using Our Services and providing Personal Information to Us, you are expressly consenting to the storage of the same by Us at Our Server(s) including storage and processing of your Personal Information outside of your country of residence consistent with this Privacy Policy. Please note that the data protection and other laws of countries to which your information may be transferred might not be as comprehensive as those in your country.
4. Use
The Personal Information collected by Us is used by Us, Our affiliates, subsidiaries and joint ventures, inter alia, for-
(i) Allowing you to use the Services that you request;
(ii) Providing Services to you, facilitating services provided by advertisers, third party service providers, and business partners;
(iii) Enhancing the efficiency/quality of Our Services and providing maintenance services;
(iv) For assessing and analysing Our Services;
(v) For providing customized content and advertising;
(vi) Any other purposes required for offering the Services;
(vii) Any purposes as may be required under applicable laws.
Save as expressly specified in this Privacy Policy, We do not sell or rent your Personal Information to third parties for their marketing purposes without your explicit consent and We only use your information as described in this Privacy Policy.
5. Disclosure
(a) We acknowledge that the Personal Information provided by you is important and confidential, and the contents of such Personal Information shall not be disclosed by Us to any Person, except to such third parties as are specified in this Privacy Policy. For the purposes of this Privacy Policy, the term “Person” shall mean and connote any individual, corporation, partnership, limited liability partnership, joint venture, body corporate or other organisation, association or entity;
(b) The Personal Information provided by you can be shared by Us at any time without obtaining explicit consent from you, with any government agencies mandated under the law to obtain Personal Information including sensitive Personal Information for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences;
(c) Personal Information provided by you may also be disclosed by Us at any time without obtaining explicit consent from you, to any third party by an order under the applicable law for the time being in force;
(d) We will endeavour to ensure that third parties who are the recipients of the Personal Information maintain the confidentiality of such information, with the same level of data security practices as are employed by Us in relation to the Personal Information and use the Personal Information only in relation to the Services offered by Us to you. However, please note that recipients of your Personal Information may be located in countries other than India, and the level of protection afforded to Personal Information may differ under the applicable laws of such countries, and hence the protection measures utilized by such recipients in territories outside India may also differ from the standards deployed and maintained by Us. You hereby expressly consent to the disclosure and/or transfer of your Personal Information, pursuant to this Privacy Policy, with recipients located in countries other than India. For the avoidance of doubt, your Personal Information shall not be ‘transferred’ by Us to any Person that does not ensure the same level of data protection that is adhered to by Us as detailed in this Privacy Policy;
(e) We may also disclose the Personal Information to enforce Our policies, and/or to address concerns/complaints regarding the nature of the content posted by you, and/or to prevent any unethical/illegal practices/activity.
6. Recipients
(a) Personal Information may be disclosed/transferred to the following recipients:
(i) Third party service providers who assist Us in rendering Services to you and/or enhance the efficiency of the Services to you;
(ii) Your information may be shared among Our affiliates;
(iii) We also may share your information with trusted business partners, including wireless carriers. These entities may use your information to provide you with services you request, make predictions about your interests and may provide you with promotional materials, advertisements and other materials;
(iv) There may be instances when We disclose your information to other parties- to comply with the law or respond to compulsory legal process and/or to verify/enforce compliance with the policies governing Our Services;
(v) We may disclose your information to a third party as part of a merger or transfer, or in the event of a bankruptcy.
7. Other Information
(a) We may provide You links to other third party websites for your convenience and information. In the event that you choose to visit/access such third party websites, the privacy policy/terms of use of such third party websites shall be applicable to you, and We shall not at any time be responsible and/or liable for any content/ information provided/intimated to You on such third party websites.
(b) Any personal and/or sensitive personal information including your contact details, bank account details, credit card account details, collected by such third party websites, shall be subject to the terms of the privacy policy provided by such third party websites, and Our Privacy Policy shall not be applicable to the same. Moreover, We shall not at any time be responsible/ liable/ accountable for any personal and/or sensitive personal information that You provide to and/or is collected by such third party websites.
(c) We may from time to time send you certain promotional material/ advertisements/ additional information with regard to the Services provided/ offered by Us, to the e-mail address provided by You. You may at any time choose to opt-out of receiving such communications, by sending an e-mail to this effect to the contact address provided under paragraph13.
8. Cookies
(a) We may use cookies and other web beacons for the following purposes:
(i) To enable Us to identify your Device and help you navigate through the Services;
(ii) To enable Us to enhance the quality of Services provided by Us to you;
(iii) To collect standard information such as your IP address, computer sign-on data, statistics on page views.
(b) You may refuse the use of cookies on your computer and adjust the settings of your browser to disable cookies. You may also at any time disable/delete cookies which are already activated on your computer. However, please note that should you choose to disable cookies from operating on your computer, certain sections/ features of the Services may become inaccessible to you.
9. Alteration/ Deletion
You may at any time review/ correct/ supplement/ add to, the Personal Information provided by you, by sending an e-mail to this effect to the contact address notified under paragraph 13. We shall at no time be responsible/liable for the authenticity/ veracity of the Personal Information provided by you.
10. Security
We have put in place reasonable physical and technical measures to safeguard the information We collect in connection with the Services. However, please note that although We take reasonable steps to protect your information, no website, internet transmission, computer system or wireless connection is completely secure. Personal Information provided by You, shall not be retained by Us for a period longer than is required for the purposes for which the information may lawfully be used or is otherwise required under any other law for the time being in force.
11. Publicly available third party information
Our Services may link to third-party websites and services that are outside Our control. We are not responsible for the security or privacy of any information collected by websites or other services. You should exercise caution and review the privacy statements applicable to the third-party websites and services you use.
We also may make available to you certain products or services (e.g., apps available through play stores) developed by third parties. We are not responsible for these third-party products or services.
If you connect the Device with a social networking service, We may receive and store authentication information from that service to enable you to log in, as well as other information that you allow Us to receive when you connect with these services.
Also, please note that if you choose to connect with a social networking service on a Device used by people in addition to you, those other users may be able to see information stored or displayed in connection with your account on the social networking service(s) with which you connect.
12. Updates to Privacy Policy
We reserve the right to update/ modify in whole or in part this Privacy Policy at any time due to changes in the applicable laws and/or changes in Our company policies and it shall be your responsibility to review the updated Privacy Policy on this page. Your continued use of the Services shall be deemed acceptance of the updated/ modified Privacy Policy by you.
13. Grievance Officer
Mr. Amit Mayor shall be the grievance officer for the purposes of this Privacy Policy. Any and all of the following may be addressed to the grievance officer at: D-170, Okhla Industrial Area Phase I, New Delhi – 110 020
(i) Requests for review/ modification/ deletion of any Personal Information provided by you;
(ii) Questions/ queries/ clarifications regarding the terms of this Privacy Policy;
(iii) Complaints/ grievances regarding posts/ information shared by other users;
(iv) Intimation of withdrawal of consent to use Personal Information by Us;
(v) Any other grievances/ complaints/ intimations regarding the terms of this Privacy Policy or the Personal Information provided by you, as specified throughout this Privacy Policy or otherwise.
WARRANTY POLICY
| Service Policy | |||
| Product | Warranty Covered | Period | Service Type: |
| LED TV | TV | 12 Months | Onsite Service |
| Accessory | Remote | 6 Months | |
1. This warranty is confined to the first purchaser of the product only.
2. Warranty Period is effective from the date of purchase of the product mentioned on original purchase invoice. Warranty Card is duly filled and bears the rubber stamp, date and signature of the authorized dealer to avail the service.
3. Job registration & Proof of purchase are required to avail the warranty services.
4. The company or its Authorized Service Centre, reserves the right to retain any part/s or component/s replaced at it’s discretion in the event of a defect noticed in the equipment during the warranty period.
5. Demonstration/installation of the product purchased is free of cost for one time, and will be chargeable afterwards in case of re-installation/demo.
Customer Care No. : 1860 500 1492
Email: karbonncare@jainaindia.com
Website: www.karbonn.in
