TERMS AND CONDITIONS
1. For the purpose of this 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 “Customers/User/You” shall mean any individual who has purchased the Mobile Handset.
1.3 “Mobile Handset” means the shall mean the mobile devices of Samsung (Model: Samsung Galaxy M01 Core M01 Core) that You purchased pursuant to these terms and conditions.
1.4 “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.
1.6 “Scheme” 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.
1.7 “Samsung” means Samsung India Electronics Private Ltd.
1.8 “Tenure” shall mean a period of 30 months from the date of activation by inserting Airtel pre-paid SIM in one of the SIM slots of the Mobile Handset.
2. Objective: A smartphone upgrade is a life changing moment for any Indian household and will help individuals join the digital India growth and economic revolution. Samsung and Airtel through this Scheme propose to offer an affordable smartphone in order make You capable of using digital facilities like online payments, online banking, online marketplace, online trading, video lectures and much more.
3. Customers when purchasing the Mobile Handset under this Scheme hereby agree to abide by the Terms and Conditions. The Terms and Conditions shall form a contract for usage of the Mobile Handset purchased by the Customer under the Scheme and by subscribing to the Scheme, Customer accepts the same as binding upon him/her. The Mobile Handset is available in the market outside this Scheme and the Customer has an option to purchase the same outside the Scheme as well.
4. The Customer understands, acknowledges and accepts that the Scheme and the Mobile Handset, is being made available only upon the condition that you irrevocably and voluntarily agree to the following:
(a) Mobile Handset shall be delivered with a lock application installed in the Mobile Handset (“Lock Application”).
(b) The Lock Application, once activated ensures that the Mobile Handset shall function only if an Airtel pre-paid SIM 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 shall not support data usage with an Airtel SIM or SIM of any other service provider.
(f) The Mobile Handset shall be at all times recharged with any one of the Specific Recharges.
5. 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 from 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 shall update the Specific Recharge options from time to time at www.airtel.in/samsung/galaxym01core. 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. Specific Recharge shall mean a bundled recharge (telecom recharge with both data and voice benefits) for INR 149 or above.
6. 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
7. The Customer further understands and confirms that he/she has read, understood the terms of services with respect to the Mobile Handset, 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 model number. The Customer understands and acknowledges that Airtel may reach out to the Customer with SMS, notifications and outbound calls during the Tenure.
8. 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”).
9. 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 i.e. voice calls to the following numbers: 121, 198, 100, 101, 102 and 112;
(c) Access to contacts will not be allowed except emergency numbers;
(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.
10. The Mobile Handset Functionality Restriction shall continue for such time till the Default event is not rectified by the Customer. Post rectification, it will take a minimum 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 is 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 Samsung for any inconvenience, difficulty or damage caused due to the same.
12. The Customer agrees to indemnify, defend and hold harmless Airtel and Samsung 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 Samsung and its affiliates 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.
13. In no event shall Airtel and Samsung 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 Scheme 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 Samsung shall not be liable to Customer for any temporary disablement, permanent discontinuance of the services and for any consequences resulting from such actions.
14. Airtel holds out no warranty or makes no representation about quality, delivery or otherwise of the Mobile Handset. 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.
15. The Scheme is subject to force majeure circumstances or any circumstance beyond the reasonable control of Airtel or Samsung. 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.
16. Please note that the statements in these terms and conditions do not constitute any general representation from Airtel regarding Airtel’s services or its availability. Airtel’s network and the provisions of the Offer is available on an ‘as is where is available’ basis and Airtel makes no representation, guarantee or warranty regarding the availability, fitness for any specified purpose or error free operation of the network. 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.
18. The 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 the Terms and Conditions or in respect of Scheme.