Lava Z1S Terms and Conditions

1. For the purpose of these Terms and Conditions (“Terms and Conditions”), unless there is anything repugnant to the subject or context thereof, the expressions listed below shall have the following meaning:

1.1 “Airtel” means Bharti Airtel Limited and/or Bharti Hexacom Limited as the case may be.

1.2 “Airtel App” means the application owned or developed by Airtel, in which Customers administer their account.

1.3 “Administrative Charges” means the charges to be paid by Customer in the event of Unlocking of a Device.

1.4 “Customer”, “User” or “You” shall mean any individual who has purchased the Mobile Handset.

1.5 “Mobile Handset”/ “Device” shall mean mobile devices manufactured by Lava International Limited (Model: Lava Z1S) that You purchased pursuant to these Terms and Conditions.

1.6 “Mobile Handset Functionality Restriction” shall mean the activation of an application/ patch installed in the Mobile Handset which will restrict the functionality of the Mobile Handset.

1.7 “Locked State” means a Device that is configured to be substantially inoperable, except with respect to emergency calling, during the Tenure unless such Device has an active Airtel SIM installed;

1.8 “Scheme” or “Offer” refers to the arrangement wherein one of the SIM slots of the Mobile Handset shall be network locked with an Airtel pre-paid SIM and telecommunication services provided by Airtel and shall remain locked for the Tenure, subject to the Terms and Conditions.

1.9 “Specific Recharge” shall mean a bundled recharge (telecom recharge with both data and voice benefits). Currently, Specific Recharge Plans include the following plans only: 155, 179, 209, 239, 265, 299, 359, 449, 455,479, 549, 599, 666, 699, 719, 838, 839, 1799, 2999, & 3359. Specific recharge plans are subject to change at the sole discretion of Airtel. Additionally, equivalent benefits of current eligible recharges may change to a different price point. Please visit www.airtel.in/tnc for the details of applicable recharges. For new connection, First Recharge Coupon (FRC) is mandatory for activation.

1.10 “Lava” means Lava International Limited.

1.11 “Unlocked State” means a configuration in which a Device in Locked State is brought to unlocked/regular operable state.

1.12 “Unlocking” shall mean the process of bringing a Device from Locked State to Unlocked State.

1.13 “Tenure” shall mean a period of 30 months from the date of activation by inserting an eligible Airtel pre-paid SIM in one of the SIM slots of the Mobile Handset.

2. Customers when purchasing the Mobile Handset under this Scheme / Offer hereby agree to abide by these Terms and Conditions. These Terms and Conditions shall form a contract between the Customer and Airtel for the usage of the Mobile Handset purchased by the Customer under the Scheme; by subscribing to the Scheme, the Customer accepts the same as binding upon him/her.

3. The Customer understands, acknowledges and accepts that the Scheme and the Mobile Handset are being made available only upon the condition that the Customer irrevocably and voluntarily agrees to the following for the Tenure:

(a) Mobile Handset shall have the capability to be locked by downloading an application (“Lock Application”) during device setup. The Lock Application shall be enabled by Airtel, upon Android Device Lock Controller (licensed by Google to Airtel) getting downloaded on the Mobile Handset during device setup and using technology of third parties in managing the Lock Application (“Partners”). Customer hereby authorizes Airtel to share IMEI of the Mobile Handset (“Mobile Handset Identifier”) with its Partners so as to enable the Customer to avail the Offer.

(b) The Lock Application, once activated, ensures that the Mobile Handset shall function only if an Airtel pre-paid SIM with a valid recharge is inserted in one of the slots and the Mobile Handset shall be locked with the telecommunication services provided by Airtel for the Tenure.

(c) The Mobile Handset shall be functional only upon availing telecommunication services of Airtel on the Mobile Handset.

(d) One of the SIM slots is designated, at all times, as the default SIM slot for data, voice calling and SMS services through Airtel pre-paid SIM.

(e) The second SIM slot can support any Airtel or Non Airtel SIM, but data will only work on Airtel SIM.

(f) The inserted Airtel pre-paid SIM shall be at all times recharged with any one of the Specific Recharges. Airtel updates the Specific Recharge options from time to time on www.airtel.in/tnc.

4. The Customer understands, acknowledges and accepts that the Mobile Handset shall not work if the Customer removes/does not insert an Airtel pre-paid SIM in one of the SIM slots from the date of purchase until the expiry of the Tenure. The Customer further understands, acknowledges and accepts that the Customer must undertake a certain minimum recharges under this Scheme for the limited Tenure (“Specific Recharge”). Airtel updates the Specific Recharge options from time to time on www.airtel.in/ tnc. The Mobile Handset shall be unlocked after the agreed Tenure. Upon expiry of the Tenure, the Customer will be able to avail of all the recharge plans available at the said time and will also be able to use SIM card of any telecommunication service provider in any of the SIM slots

5. The Customer understands, acknowledges and accepts that the Lock Application can undertake the following activities:

(a) Take control of the Mobile Handset and activate the Mobile Handset Functionality Restriction.

(b) Restrict incoming / outgoing calls, SMS service, internet usage and any other applications

6. The Customer further understands and confirms that he/she has read, understood the terms of services with respect to the Mobile Handset and the Offer, and that the Lock Application may collect information through its use, including but not limited to its operating system, Device serial number (Android ID, IMEI, MEID, ESN), SIM card number and mobile number. The Customer understands and acknowledges that Airtel may reach out to the Customer with SMS, notifications and outbound calls during the Tenure.

7. The Customer understands and agrees that Mobile Handset Functionality Restriction may be activated and thereby can disable and lock the Mobile Handset using Lock Application if the Customer removes the Airtel pre-paid SIM from the Mobile Handset or does not recharge as per the Specific Recharge options (“Default”). If the Mobile Handset Functionality Restriction is activated due to the inserted SIM not having a valid recharge per the Specific Recharge options, Airtel at its sole discretion, may provide the Customer with a grace period of 15 days from the date of recharge pack expiry, post which the Mobile Handset Functionality Restriction shall be applied to the Device.

Additionally, in case the Customer wants to unlock the Mobile Handset even after the grace period is over, the Customer may call 198 from the Mobile Handset to get it unlocked for 3 days. This provision is, available only 2 times in a calendar month. If the Customer removes the Airtel SIM during the 3 day unlock period, the Mobile Handset shall get locked again

8. Upon activation of the Mobile Handset Functionality Restriction due to any Default, the following restrictions shall apply on the Mobile Handset:

(a) Functionality of the Mobile Handset is impaired completely;

(b) Restriction will however allow Emergency Calls to designated numbers or calls to customer support i.e. voice calls to the following numbers: 198, 121 & 112;

(c) Access to contacts will not be allowed except emergency numbers - 112; and customer care - 198

(d) Access to outgoing calls, outgoing messages, stored messages, usage of data and any other application will not be permitted;

For avoidance of doubt, the usage of the Mobile Handset will be restricted except to the extent required to undertake emergency calls on 112 or customer care on 198. The Customer may approach the Customer Care for temporary unlocking of the phone for 3 days twice a calendar month

9. In case the user inserts a new SIM or changes an existing SIM in the Handset, the Customer will be required to restart the Mobile Handset.

10. The Mobile Handset Functionality Restriction shall continue for such time till the Default event is not rectified by the Customer. Post rectification, it can take a –maximum of 24 hours to deactivate the Locking Solution. The Customer herein agrees that it shall have no claims whatsoever against Airtel for disabling and locking of the Mobile Handset and further confirms that it shall have no claims pertaining to the reasonable time taken for unlocking the Mobile Handset.

11. The Customer understands that the Locking Solution may be activated inadvertently due to various reasons other than that what is mentioned under the Terms and Conditions including but not limited to any technical issues. In such cases, upon intimation of the same, efforts shall be made to deactivate the Locking Solution within 24 hours. The Customer acknowledges and confirms that it shall not have any claims against Airtel or Lava for any inconvenience, difficulty or damage caused due to the same.

12. The Customer may opt out of the Scheme and unlock the device by following the process as guided by Airtel App, subject to certain Administrative Charges as stated below. These Administrative Charges will be applicable for exiting from the Scheme. There are no charges if you decide to opt out of the Scheme post completion of Tenure.

Note: GST if revised shall be levied additionally at applicable rates

Device will be configured to Unlocked State within 72 hours after receipt of above stated Administrative Charges.

13. The Customer agrees to indemnify, defend and hold harmless Airtel and Lava and its affiliates against any claim, suit, action or other proceeding brought against by a third party including but not limited to such claim, suit, action of other proceeding brought against Airtel and Lava and its affiliates that is based on or arises in connection with a violation of the Terms and Conditions contained herein. Notwithstanding anything to the contrary contained herein or under any other transaction documents, the provisions of this clause shall survive the termination of the Scheme.

14. In no event shall Airtel and Lava be liable to the Customer as the case may be for any special, incidental, indirect, punitive or consequential damages whatsoever (including, without limitation, damages of loss of goods or services, loss of business profits, business interruption, loss of information, or any other pecuniary loss) arising out of the use of, or inability to use or access the Mobile Handset or for any security breach or any virus, bug, unauthorized intervention, defect, or technical malfunctioning, whether or not foreseeable and whether or not advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out, of or in connection with, your use of, or access to, the Scheme. Further, Airtel and Lava shall not be liable to Customer for any temporary disablement, permanent discontinuance of the services and for any consequences resulting from such actions.

15. Airtel makes no representations or warranties, express or implied, including (to the extent allowed by law), without limitation, any implied warranty of merchantability or fitness for a particular purpose, suitability, accuracy, security, or performance regarding our Scheme, Devices, applications or other services subject to this Agreement. We do not promise or guarantee uninterrupted or error free service or coverage. Network availability may be affected due to various reasons including force majeure, acts of god, inclement weather, topographical/ geographic/ demographic factors, maintenance work, availability of interconnection with other networks, etc.

16. Airtel reserves the right to cancel/withdraw or modify this Offer at any time, without any prior intimation or whatsoever, however the benefits accrued to the Customer on or prior to the cancellation/withdrawal/modification of this Offer, shall not undergo change. If Airtel modifies this Offer, it will post a notification with details about the modification on its website. Company will have no liability in the event it decides to discontinue this Offer at any time or stage. The Customers participating in the Offer acknowledge Company’s right to discontinue this offer at any time at its sole discretion.

17. The Scheme/Offer is subject to force majeure circumstances or any circumstance beyond the reasonable control of Airtel or Lava. The Scheme is further subject to guidelines/directions/regulations/orders/instructions issued by Telecom Regulatory Authority of India (TRAI), Department of Telecommunications (DOT) or any other statutory authority or applicable law from time to time. These Terms and Conditions shall be governed by and construed in accordance with the laws of India and the competent courts/tribunals in Delhi shall have exclusive jurisdiction to deal with any dispute that may arise out of these Terms and Conditions or in respect of Scheme.

18. All information collected and shared in the course of applying for and participating in the Offer shall be in accordance with Airtel’s privacy policy available at https://www.airtel.in/privacy-policy (“Privacy Policy”). The Privacy Policy is an integral part of these Terms and Conditions and acceptance of the latter shall be construed as explicit consent and acceptance of the Privacy Policy.

19. By purchasing the Device under the Offer, You hereby acknowledge having read, understood and accepted these Terms and Conditions including the detailed T&Cs and updates (if any) available at www.airtel.in/tnc.

FREE 50 GB DATA-LAVA Z1S OFFER

**By purchasing the Device under the Offer, the Customer will be additionally, eligible to get 50 GB free data from Airtel, subject to the following terms. The Customer will get 5 coupons of 10GB free data each, which will be credited to the Customer’s number registered with Airtel under this Offer. All coupons will be issued through Airtel Thanks App and the first coupon for 10 GB free data will be issued within 60 days of Device activation under the Offer.

1. The coupons would be credited to the Customer’s number registered with Airtel on the 5th day of Device activation. Customer would be able to claim only one coupon in a calendar month for a period of next 5 months. As an exception, for Customers who activated the Device till 16^th February 2022, the coupons would be credited on his/her number on 26th February 2022 and the subsequent coupons claim will be available on the first day of every next month. Customers who have activated the Devices between 17^th February 2022 and 16^st April 2022, will be eligible to get the first coupon credited on 1^st May 2022.

2. The 10GB free data coupon under this Offer can be availed only from Airtel Thanks App. Post downloading and signing in the Airtel Thanks App, Customer can go to ‘My Coupon’ section of the Airtel Thanks App to avail the same.

3. The 10GB free data coupon issued to the Customer will be valid for 30 days and can be claimed by the Customer within such 30 days, provided Customer’s number remains valid during this period. If such data coupon is not claimed by the customer within 30 days of issuance, then data coupon will expire

4. In the event the Customer has opted out of the Offer, he/she will not be eligible to get any free data coupons from Airtel.