Waranty Of Jio Phone.

Waranty Of Jio Phone.

A. THIS LIMITED WARRANTY APPLIES TO YOUR USE OF JIOPHONE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE JIOPHONE 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 OFFER UNDER WHICH THE JIOPHONE IS MADE AVAILABLE MAY BE ACCESSED AT www.JioPhone.com.

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 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 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 twelve (12) 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);

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.