Terms of Use
These terms of use (“agreement”) for the application (defined below) are a legal and binding agreement between you (“you”, “your” or “yourself”), as the end user, and Airtel Digital limited (“our”, “us”, “we” or “airtel”) which governs your use of the application and services (defined below) made available to you with the application by airtel (including through third parties) (collectively “services”). Please read this agreement carefully before using the application and the service. By registereing for or otherwise accessing or using the application / service, or any component thereof, in any manner whatsoever, you (a) acknowledge that you have read and understood this agreement and consent to become a party, (b) represent that you are in compliance with all requirements hereunder, and (c) agree to be bound by and comply with the terms and conditions in this agreement.
The application and the service is offered and made available only to users who are lawful owners of, or, at the responsibility of such owners, have the necessary authorisation for using, the msisdns (defined below) and devices (defined below), and for making payments through or in connection with the use of the service. If you are not such a user, please discontinue the registration process and use of the services immediately, or if you do not accept and agree to all the terms and conditions of this agreement, please discontinue the registration process and do not access or use the application and the service.
Airtel’s privacy policy (“privacy policy”) mentioned below is incorporated in this agreement by reference and will also apply to your use and airtel’s provision of the application and the services. Please read the privacy policy carefully. Your use of application will be considered as your acceptance of the privacy policy.
“Application” means the mobile software application that Airtel has provided to you and to which this Agreement is attached or linked. ‘Application’ includes the Documentation.
“Customer(s)” means an Airtel subscriber or customer who has (a) downloaded the Application on his or her Device for availing the Services for use in accordance with and as agreed with airtel, and (b) if applicable, has validly registered on the Service through the necessary registration process.
‘Customers’ include you.
“Device” means any mobile device (including handsets and tablets) on which Airtel allows the downloading and use of the Application for providing the Services.
“Documentation” means any information, manuals, usage instructions and other documentation that Airtel provides along with the Application.
“MSISDN” means the Mobile Subscriber Integrated Services Digital Network-Number.
“Service(s)” means all services that Airtel provides to Customers through the Application.
- Customers’ use of the Application and the Service (a) must strictly be in accordance with this Agreement, and includes only the right to download, install and use the Application to access the Service on the Customer’s Device, and (b) is revocable, non-exclusive, non-transferable and limited by the terms of this Agreement. The terms of this Agreement will govern any upgrades, updates, modifications or enhancements of the Application.
- Customers may use the Application and the Service only in India, unless otherwise allowed by Airtel.
- To avail the Service you may need to register on the Application, which may involve (without limitation), setting up a profile, connecting with your social networking accounts (such as Facebook), providing your MSISDN (and access to it to Airtel), username, password, your name and other personally identifiable information. You are responsible to ensure that all information you provide in connection with the foregoing is correct and accurate. You will be solely responsible to ensure protection and confidentiality of all your username or passwords or account. The Customer shall take all necessary precautions to prevent unauthorised and illegal use and unauthorised access to his/ her account through the Application. Airtel shall not be responsible for any misuse of the Customer’s Device or unauthorised access to the Customer’s account details by any third party. Airtel expressly disclaims any and all liability, howsoever, arising out of the misuse of the Application downloaded by the Customer. AIRTEL WILL NOT BE RESPONSIBLE FOR ANY UNAUTHORIZED, UNLAWFUL OR ILLEGAL USE OF THE SERVICE OR THE APPLICATION BY ANY CUSTOMER OR ANY OTHER PERSON WHO IS NOT A VALID USER.
- Airtel’s Privacy Policy governs the use, storage and protection of any sensitive information that you provide. You hold Airtel harmless in connection with your provision of any incorrect or incomplete information.
- Customer hereby authorises and consents to the collection, storage and use, by Airtel and its affiliates, partners and agents, of any information and data related to or derived from Customer’s use of the Application, and any information or data that Customers provide to Airtel and its affiliates, partners and licensors ("Information"). Notwithstanding the foregoing, the Customer’s personally identifiable information will be used only in accordance with the Privacy Policy. Such Information will be treated as being non-confidential and nonproprietary, and Airtel assumes no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. This provision shall survive the termination of this Agreement.
- Access to and use of the Service may be internet based. You will be responsible for obtaining Internet connectivity and paying all fees in connection with it. In addition, you must procure all equipment necessary to ensure access to the Internet and to be able to use the Service. The Customer agrees and acknowledges that data charges will remain applicable for downloading and using the Application.
- Airtel may access your MSISDN or may request you to enter your details along with the MSISDN. You may be able to use the Services only on one authorised Device connected to your MSISDN. In the event you attempt to register another device with the same MSISDN, the use of the Application may be terminated on other devices.
- You agree and understand that use of the Application involves tracking your location and data pertaining to signal strength. This data will be used to deliver a better network experience. You can disable this feature from the settings tab in your Device.
- You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing the Services will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. Airtel will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to prove otherwise shall be exclusively on you. All information collected by us shall be governed as per our Privacy Policy. AIRTEL WILL NOT BE RESPONSIBLE FOR ANY TRANSACTIONS YOU MAKE FOR USING ANY PORTION OF THE SERVICE. ALL CLAIMS AND COMPLAINTS FOR ANY FAILED OR INCORRECT TRANSACTIONS MUST BE DIRECTED TO OUR PAYMENT PROCESSING PARTNERS AND/OR YOUR BANK (AS THE CASE MAY BE).
- By agreeing to use or continue to use the Application, the consumer agrees to allow Application and by extension the app publisher, Airtel Digital Ltd. to access necessary information for provision of Services and continued use of the Application.
- The Application and the Service and all copyrights, patents, trademarks, trade secrets and other intellectual property rights, including but not limited to Airtel trademarks, service marks, logos and taglines, relating to the Application and the Service are, and shall remain, the exclusive property of Airtel or the third party licensors, as the case may be.
- Customer shall not (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application, (b) make any modification, adaptation, improvement, enhancement, translation or derivative work of the Application, (c) violate any applicable laws, rules or regulations in connection with Customer’s access or use of the Application, (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Airtel or its affiliates, or the licensors of the Application, (e) use the Application for any other purpose for which it is not designed or intended. This provision shall survive the termination of License.
- Customer may not rent, lease, lend, sublicense or transfer the Application, this Agreement or any of the rights granted hereunder to any third party. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.
- The Service and Application is provided for your use only in accordance with and as agreed with airtel. You agree not to reproduce, retransmit, distribute, disseminate, sell, broadcast, perform, make available to third parties or circulate the Application or any material through the Application, or to exploit any such content for commercial purposes without the express prior written consent of Airtel.
- The Application may include links to other websites or services of Airtel. Your use of those sites and services is subject to the terms of use and privacy policies of each such site and service (in addition to this Agreement and the Privacy Policy).
- By posting reports, messages, submitting reviews, inputting data, suggesting ideas or engaging in any other form of communication through the Service (collectively referred herein as “User Material”), you irrevocably assign all rights in the User Materials to Airtel. By submitting or posting the User Material, you represent and warrant that you own the User Material. You also represent and warrant that the posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. You warrant that any User Materials will not contain any material that is obscene, defamatory/libellous to any party (including Airtel or its affiliates), or in violation of any applicable public interest, privacy and other codes, guidelines and laws.
- YOU EXPRESSLY AGREE THAT THE DOWNLOAD, INSTALLATION AND USE OF THE APPLICATION AND THE SERVICE IS AT YOUR SOLE RISK. THE APPLICATION AND SERVICE ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE AND THE APPLICATION, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL OR CONTENT DISPLAYED ON OR OFFERED THROUGH THE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE APPLICATION OR THE SERVICE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE APPLICATION WILL BE COMPATIBLE OR INTEROPERABLE WITH THE CUSTOMER’S DEVICE.
- Further, Customer acknowledge that compatibility and interoperability problems may cause the performance of the Customer’s Device to diminish or fail completely, and may result in permanent damage to such Device, including loss of the data, software and files on the Device. Customer acknowledges and agrees that Airtel and its affiliates, and licensors shall have no liability to Customer or any third party for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER UNDER LAW, CONTRACT OR TORT (INCLUDING NEGLIGENCE), AIRTEL, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, AND/OR FOR LOSS OF PROFITS, REVENUES, DATA, BUSINESS, PRODUCTION OR GOODWILL, OR FOR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION, THE SERVICES OR THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT AIRTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL OTHER DISCLAIMERS AVAILABLE OR ANY OF THE ASSOCIATED PAGES OR LINKS THEREIN, ARE DEEMED TO BE INCORPORATED HEREIN BY REFERENCE.
- This Agreement shall be effective until terminated. Airtel may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to Customer hereunder with or without prior notice. Further, if Customer fails to comply with any terms and conditions of this License, then this License and any rights afforded to Customer hereunder shall terminate automatically, without any notice or other action by Airtel. Upon the termination of this License, Customer shall cease all use of the Application and uninstall the Application.
- Customer may elect to discontinue using the Application and the Services, and may request Airtel to deactivate the Customer’s account from the Application / Service by giving a 30 days’ written notice or by informing Airtel’s customer care representative 1530 days in advance. If the Customer’s Device is stolen or lost, the Customer must immediately inform Airtel’s customer care representative to deactivate the Customer’s account on the Service. Customer will remain responsible for any transactions made until the Application is blocked by Airtel. Customer shall immediately uninstall the Application in case the Customer changes his/her Device.
- In the event of loss of mobile phone, the Customer should request deactivation of this Application by calling Airtel customer care. Airtel shall not be liable for any unauthorised transactions made using the Application and the Customer hereby fully indemnifies and holds airtel harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof.
- Customer assumes all risks arising out of or resulting from Customer’s transactions on or through the Application.
- Airtel shall not be liable for any third party products or services advertised on the Application.
- Customer shall indemnify, defend and hold harmless Airtel and its affiliates, and licensors, and each of their respective officers, directors, agents and employees (the "Indemnified Parties") from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, reasonable attorneys’ fees) arising out of or in connection with the following: (i) Customer’s access to or use of the Application and the Service, (ii) Customer breach of this Agreement, (iii) Customer’s violation of applicable law, (iv) Customer negligence or wilful misconduct, or (v) Customer’s violation of the rights of a third party, including the infringement by Customer of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity, and (vi) Airtel’s execution of any Customer instructions. These obligations will survive any termination of this Agreement.
- Customer hereby releases and discharges Airtel from any liability resulting from Customer’s use or possession of the Application, including, without limitation, in relation to the following: (i) any product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, (iii) any claim arising under any consumer protection or similar legislation, and (iv) any misuse or unauthorized access of Customer’s Airtel account.
- Any dispute or claim (contractual or non-contractual) arising out of or in relation to this Agreement, including disputes as to its formation, will be governed by and construed in accordance with Indian laws, without regard to its conflict of laws rules, and the courts in New Delhi will have exclusive jurisdiction.
- Use of the Application / Service is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. You shall not use the Service in any manner contrary to local, state or national law. Airtel expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice of your failure to comply with any such local, state or national law.
- Airtel’s performance of this Agreement is subject to existing laws and legal process and the policies and business decisions of Airtel, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
- No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.
- This Agreement, together with our Privacy Policy and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated herein by this reference, constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service.
- A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Airtel may modify or amend the terms of this Agreement by posting a copy of the modified or amended Agreement on the Application or at www.airtel.in. Customer will be deemed to have agreed to any such modification or amendment by Customer’s decision to continue using the Application following the date on which the modified or amended Agreement is posted.