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 “Customer”, “User” or “You” shall mean any individual who has purchased the Mobile Handset.
1.3 “Mobile Handset” shall mean mobile devices manufactured by Lava International Limited (Model: Lava Z1S) 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.
1.5 “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.
1.6 “Specific recharge” shall mean a bundled recharge (telecom recharge with both data and voice benefits). Currently, Specific Recharge Plans include the following plans only: 209, 239, 265, 299, 359, 449, 455,479, 549, 599, 666, 699, 719, 838, 839, 1799, 2999, & 3359. Specific Recharge Plans are subject to changes from time to time and shall be solely the 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
1.7 “Lava” means Lava International Limited.
1.8 “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. 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. Lava and Airtel through this Scheme / Offer propose to offer an affordable smartphone in order to 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 / 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.
4. 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:
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.
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 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
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 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.
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”). 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
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 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
10. 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.
11. 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.
12. 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
13. The Customer may opt out of the Offer upon completion of 4 months under the Offer, subject to certain administrative charges and compliances with certain T&Cs. Customer can opt out of the Offer post completion of 4 months and before the expiry of the Tenure by paying applicable administrative charges of INR 565+ GST. There are no charges if you decide to opt out of the Offer post Tenure
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
22. 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.