| To proceed and complete the registration process for the airtel Mobile Phone Backup Service, you will have to agree with the following Terms and Conditions :
Please read these terms & conditions carefully. These Terms & Conditions, together with the general terms and conditions which are either set out, or which you have already accepted when registering previously with airtel for availing GSM Mobile communication services and which are accessible via the Terms & Conditions link on the airtel website, http://airtel.in are the Terms and Conditions which apply to airtel Mobile Phone Backup Service.
If you do not agree with them, you should not proceed with the registration. By continuing to register and using the Service including any third party software made available in conjunction with this software (collectively airtel Mobile Phone Backup) you agree to be bound by following "Terms and Conditions". |
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Agreement - By registering for the Service and more specifically by clicking on 'Accept' on your mobile phone, you acknowledge that you have read and understood and accept the full set of terms & conditions set forth at the following internet URL, http://mb.airtel.in. Please also read the detailed FAQs for further clarity of the services and its usage. |
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Service description - The Service is provided to you in English language i.e the contents saved only in English language will be saved. The Service allows you to copy your mobile phone data including your contacts, music, photos, videos, events and tasks to the airtel phone backup server. You can use either Text Message (SMS) or GPRS as mode of connecting and using the Service. The Service comprises provisioning the software that allows you to save/back-up data of your mobile phone via GPRS or SMS. You can access this saved data using passwords, the security of which you will be solely responsible. |
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Mobile Handset Support - You should be aware that the Service can be used using two modes i.e via GPRS or via SMS. For GPRS capable phones this Service will apply only to certain GPRS capable handsets which have been tested and approved by airtel. The GPRS handsets which are supported are displayed on our website. In order to use the Service using GPRS, you need to have a supported handset, have downloaded the relevant settings to your handset and to have synchronised your information from the handset. In order to use the service without using GPRS, you need to have a mobile handset that supports SMS functionality. The type of data that can be backed up will depend on the type handset you are using, i.e all the handsets will not be able to backup all types of data. |
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Cost of Subscription - You will be charged a monthly fee of Rs. 30/-, which will be charged starting from the date of commencement of the subscription prorated for the first month. Thereafter every month, the subscription will be automatically renewed by deducting Rs. 30/- from your airtel mobile phone connection. You will be charged Rs. 30/- after every month of your account being active, until such time that airtel decides to terminate your account (for reasons see 'Termination of Service' given below) or you decide to unsubscribe from this Service (for more details see 'Un-subscription of Service' given below). Service Tax will be applicable as per government regulations. |
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Cost of Usage - Currently there are no charges for usage or for data transfer while connecting to the Service either by sending SMS to the Service short code 57057 or for using 'airtel Live!' WAP connection settings. Other connection settings, such as those using the internet APN (Mobile Office & Net-on-Phone) will incur standard monthly rentals and data browsing charges as per your price plan. All SMS sent to the Service short code 57057 will be free of cost. airtel will publish any changes to the cost of the Service, from time to time with adequate notice via text message, email or other reasonable method. |
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Commencement Date of Service - Your subscription to the Service commences on the date you receive the confirmation SMS that your airtel Mobile Phone Backup service has been activated. |
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Availability of Service - Using the Service when outside your home network may be possible as per availability of 'airtel Live!' in the roaming airtel network and when outside India , may be possible depending on the foreign network operators GPRS plans. |
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Service Content - You may store your mobile phone data to your own private online Service account (up to the maximum storage limits notified to you from time to time). You acknowledge and agree that airtel may preserve Content and may also disclose Content to:
(a) airtel group companies and 3rd parties providing the service to airtel for the purpose of providing the Content to you in an efficient manner for the purpose of properly administering your account in accordance with the standard operating procedures of airtel;
(b) Indian Law enforcement agencies if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal regulations of our country;
(c) respond to claims that any content saved by you violates 3 rd party copyrights and
(d) protect the rights, property, or personal safety of airtel, its users and the general public. |
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Un-subscription of Service - You may un-subscribe your account at any time if you desire to stop using the Service, using your online account or by calling customer care on 121 where a customer care agent would be able to unsubscribe your account on your behalf. |
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Termination of Service - airtel reserves the right to amend all or part of the Service at any time. You agree that airtel can withdraw any information or content that forms part of the Service or cease to provide the Service entirely and terminate this Agreement at any time, without liability for any reason whatsoever. You also acknowledge and agree that airtel reserves the right to terminate your account in case:
a) you have not paid the monthly fee for the Service. See point 11 for more details
b) you use the Service for saving any content that is categorised as infringement of existing Indian legal regulations and 3 rd party Copyright regulations in our country
c) you use the software of this Service for any purposes except for what it is designed to do and try to forward it or re-sell it
d) you attempt to modify, adapt, translate, prepare derivative software by decompiling, reverse engineering or otherwise attempting to derive source code of the airtel Mobile Phone Backup software
e) any act of yours jeopardizes the rights, property, or personal safety of airtel, its group companies, its 3 rd party partners, its users and the general public
f) If the service is used for any illegal purposes including, but not limited to storing of obscene material, data which are considered as anti-national etc.
In any of above scenario of termination of Service for whatsoever cause, airtel shall endeavour to give you appropriate notice via SMS, email or other reasonable method before terminating your Services. You also agree that in case you choose to permanently delete/unsubscribe your account or if airtel terminates your account, the information saved by you will be lost forever and cannot be retrieved by airtel. |
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Service Suspension - You understand that in case airtel isn't able to charge the monthly fee for the Service on date of renewal due to insufficient balance or due to reason of your having terminated your airtel Mobile Phone connection, the Service account will be suspended with immediate effect and you will be unable to save/backup or restore your data. The saved/backed up data will be kept in the airtel Mobile Phone Backup Server for 14 days from the date of suspension of your Service account, and all data will be discarded on 15 th day from date of account being suspended. |
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Service Guarantee - You understand and agree that the transmission of information using telecommunication channels of SMS and/or GPRS is unpredictable in nature and depends on various factors like network connectivity, availability of airtel Live! internet connection, compatibility of your mobile phone and the proper functioning of your phone. airtel does not give any guarantee whatsoever of the continued availability, quality, reliability and timeliness of the Service. The Service may be interrupted in part or whole in event of periodic maintenance activity and in event of a natural calamity/disaster in which case it will be outside control of airtel. |
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Disclaimer of Liabilities - You agree not to hold airtel and/or any of airtel's designated representative(s) liable for any losses/damages to your mobile phone device, loss of your reputation, loss of your data, loss of profits or any other consequential losses arising directly or indirectly due to either subscribing for the Service, or downloading the Service software or using the Service to save your data. You further understand and agree that you will download and use airtel Mobile Phone Backup service at your own discretion and risk and that you will be solely responsible for any consequential damages/ losses arising out of using this Service. You agree and understand that any liability whatsoever arising out of from the providing of Services towards airtel shall not exceed Rs. 500/- per deficiency. |
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Indemnity - You shall indemnify airtel against all actual claims, liabilities, expenses, costs, loss or damage of whatsoever nature, arising out of or in connection with the breach of these terms. |
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Disputes Resolution - These terms and conditions are governed by the laws of India and all disputes shall be subject to the jurisdiction of Courts of New Delhi. |
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