General Terms and Conditions

A: Disclaimer: This document lays down the terms and conditions under which Dsouza Infotainment Private Limited, (collectively, “the Company”) shall provide its services and sets out its obligations under the various subscriptions/plans offered by the Company. By availing of the Company’s services, the user acknowledges and agrees to abide by the terms and conditions set out hereinafter. The user acknowledges and accepts that the Company without prior intimation to the user, reserves its right to update or modify these terms and conditions as is necessary and the changes so made shall be deemed to have been accepted by the user.

B: Definitions:

1. “Agreement”unless otherwise provided, means the subscription form read with the general terms and conditions, terms of usage and privacy policy set out by the Company.
2. “Applicable law”means any law enacted by the Central and/or State Governments and any amendment or repeal thereof from time to time and shall also include the rules, regulations, notifications and guidelines as issued by the Central/State Government or authorities from time to time.
3. “Business day” means a day on which the Company’s office shall remain operational, but does not include weekends and Company declared holidays.
4. “Billing cycle”means a period of 30 days or multiples thereof from the commencement date for which any subscription/plan offered by the Company shall remain active subject to the payment of requisite charges by the user.
5. “Charges”means all payments towards the subscription/plan purchased by the user and includes amount payable towards registration, testing and installation, network service/feature change, transfer /shifting, reconnection and security deposit and all other fees, rates, taxes, levies, penalties and fines as may be applicable in respect of the subscription/plan purchased by the user.
6. “Commencement date”means the date on which the subscription/plan purchased by the user shall stand activated.
7. “Company” shall mean Dsouza Infotainment Private Limited
8. “Confidential Information” means information including but not limited to personal information of the user, technical or business information of the Company, information disclosed under the subscription availed by the user, or any information designated as being confidential either expressly or which by its nature or circumstances of its disclosure is confidential.
9. “Due date”means the date by which the user shall be liable to make payment of the fees/charges against the subscription/plan purchased by the user.
10. “Equipment”means modem, routers, batteries, connector, cable or any other hardware equipment or accessory provided by the Company or any of its affiliates under the subscription/plan purchased by the user.
11. “License”shall mean the license granted by Department of Telecommunication to the Company to provide and operate Internet Services.
12. “Network” shall mean Company’s telecommunications network through which Services are made available.
13. “Security” means cash interest free deposit paid / to be paid by the User, against the provision of any Equipment or otherwise, for an amount determined by the Company under the Subscription/Plan purchased by the User, in accordance with the terms and conditions of the Agreement between the User and the Company.
14. “Subscription / Plan” means the terms of offer of the services provided by the Company.
15. “Service”shall mean the Service subscribed to, by the user as indicated in the subscription form.
16. “Service Contract Period” shall mean the period from the Commencement date of the Subscription/Plan availed by the Subscriber till the end of its validity/subscription, or prior termination thereof by the Company for default in payment or any other default of any terms and conditions of the Agreement.
17. “User” / “Subscriber” shall mean any person, association of persons, company, proprietary concern, partnership firm or any other entity that has subscribed for the Services under the subscription form and includes their respective heirs, executors, administrators, successors, permitted assigns, holding, subsidiary and group companies and sister concerns.

 

 

C: Rights and Obligations of the company

1. In performing its obligations under this Agreement, the Company shall at all times exercise reasonable skill and care of a telecommunications service provider and will ensure that it complies with the Applicable Law while provisioning the Services.
2. The Company makes no express or implied warranties, guarantees, representations or undertakings whatsoever regarding the provision of internet services, equipment etc. unless the same is expressly mentioned hereinafter.
3. The Company shall not be liable for any act of commission or omission of any third party/ supplier/ manufacturer / agency/ company offering any privilege or benefits to Subscriber without express permission or authority of the Company with reference to the Service or Equipment.
4. Assignment:The Company reserves the right to transfer or assign and /or delegate any and all or part of its rights and obligations hereunder (a) to any person / entity / subcontractor / licensee, (b) pursuant to any sale or transfer of all or a substantial portion of the assets or business of the Company, or (c) pursuant to any financing, merger, or re-organisation of the Company, or (d) in its business/commercial interests and in line with Applicable Law. Such transfer/ assignment shall release the Company from all liabilities under the Agreement.
5. Disclosure:Privacy of communication is subject to Applicable Law and the terms of the License. The Company may be required to disclose any information or particulars pertaining to the Subscriber to any Authority, including but not limited to any security agencies and reserves the right to comply with the directions of such Authorities at its discretion and without intimating the Subscriber.
6. Verification and Credit Check:The Company reserves the right to seek / verify particulars provided by the Subscriber to the Company, in any manner without notice or intimation and reserves the right to reject any Subscriber / User, for reasons including lack of technical feasibility, incorrect particulars provided by Subscriber or failure to furnish the same, and without any obligation to disclose such reasons or liability. Any information provided by a prospective Subscriber and/or gathered by the Company shall become the Company’s property even if the Subscriber / User is rejected and such information will be retained by the Company in case of termination or discontinuance of the Service.
7. The Company reserves the right to refuse any request by the Subscriber to transfer / relocate the Subscription / Equipment to an alternate premises and is not obliged to furnish any reasons for such refusal. In case Company consents to such transfer/ relocation of Subscription / Equipment, the Subscriber shall furnish fresh particulars with respect to the new premises and pay all Charges to the Company in respect of the transfer relocation.
8. The Company shall not be liable for delays, interruptions or fluctuations arising with respect to the internet services availed by the user, that arise due to circumstances beyond the control of the Company, including but not limited to natural disasters, power interruptions, third party network disruptions, hardware malfunction etc.
9. The Company shall not be liable to the user or any person, firm, body corporate claiming through, under or in trust of the user for any direct or indirect loss or damages including but not limited to loss of revenue, loss of business, loss of profits, goodwill, costs etc. due to transmission limitations or errors like delays, interruptions, fluctuations or defects in the network that arise due to circumstances beyond the control of the Company, including but not limited to natural disasters, power interruptions, third party network disruptions, hardware malfunction.
10. The Company shall maintain and implement reasonable standards of security to protect and safeguard the user information, data and network security. However, the Company shall not be liable or held accountable for unauthorised access or data breaches arising out of hacking attempts, security breaches or unlawful actions of third parties.
11. The network speed offered by the Company under the various subscriptions/plans is the maximum speed for which the User is entitled. The Company does not hold out any assurance that the said speed shall be maintained at all times and specifically provides that the same may vary depending upon the network congestion, technical reasons or any other unavoidable circumstances beyond the control of the Company for which the Company shall not be held liable.
12. The Company shall not be liable for any bona-fide action taken to protect the data/information of its users even if the information on the strength of which it has taken any action is later discovered to be unfounded or false.
13. Suspension. The Company may, at its sole discretion and without prejudice to any other right which it might have to terminate the Service, elect to suspend forthwith the provision of a Service until further notice if:

        a.The Company is entitled to issue a notice to terminate or to otherwise terminate a Service pursuant to force majeure condition.

        b.The Company is obligated to do so in order to comply with Applicable Law;

        c. The Company needs to carry out emergency or planned works, any maintenance activity and/or planned outages to the Network or Service Equipment;

        d. The Company has reasonable grounds to believe that the Service is being used fraudulently, illegally or in association with illegal activities or otherwise not in accordance with any Applicable Law; or

        e. The Company has reasonable grounds to believe that Subscriber will not or is unable to pay any Charges that is due or is to fall due to the Company.

 

D: Undertakings:

       i.The User undertakes not to use the Services offered by the Company for engaging in any form of unauthorised and/or unlawful activities. The User also undertakes not to use the Services offered by the Company for creating, hosting, displaying, uploading, downloading, modifying, publishing, sending or receiving any form of prohibited or objectionable content, including but not limited to:

1. belongs to another person and to which the subscriber does not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
3. harm minors in any way;
4. infringes any patent, trademark, copyright or other proprietary rights;
5. violates any law for the time being in force;
6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. impersonate another person;
8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

    ii. The User undertakes to comply with the existing laws, rules and regulations and any/all amendments thereof and undertakes to refrain from engaging in illegal activities, distributing malware, hacking etc.

    iii. The User undertakes the responsibility to maintain the security of their/its account credentials.

    iv. The User undertakes not to interfere with the Company’s network systems or services so as to circumvent the security measures put in place by the Company.

     v. The User undertakes not to meddle with any software or equipment provided by the Company and refrain from connecting any unauthorised devices with to the Company’s network.

    vi. The User undertakes to provide to the Company, its agents or nominees free access to its Premises to remove the Equipment in case of termination, discontinuation or suspension of the Service.

    vii. The User agrees and consents to receive SMS communication from the Company irrespective of its mobile number registration under National Do Not Call (NDNC) registry. The Company or its SMS service provider/partners will not be liable for any legal or monetary arising out of these regulations.

    viii. The User agrees to indemnify the Company against all actual and direct costs, damages, claims (monetary or otherwise) and/or any other expenses that may have to be incurred by the Company, due to the breach by the User of any undertakings, obligations, liabilities of the User, as set out herein or in the Agreement.

 

E: Intellectual Property Rights

1. The Company confirms that all corporate names, service marks, logos, trade names, trademarks, websites and domain names (collectively the “Company Marks”) in respect of the Service and Equipment are and shall always remain the exclusive property of the Company / its affiliates and nothing in this Agreement shall grant the Subscriber the license to use, reproduce, or commercially exploit such Company Marks for any purpose. The Company confirms that all other intellectual property rights such as copyrights, patents or designs whether registered or not, that exist in any software, hardware or firmware provided along with Service or Equipment and all proprietary information, trade secrets and know how (collectively the “Company IPR”) in respect of the Service, and Equipment are the exclusive property of, or are provided to Subscriber under valid licenses by, the Company and/or its Affiliates(s) under the Applicable Laws.
2. The Subscriber undertakes not to copy, reproduce, modify, decompile or reverse engineer any software, hardware or firmware in the Equipment in any manner whatsoever.

 

 

F: Dispute Resolution:In accordance with the Telecom Consumer Complaints Redressal Regulations, 2012 the Company has established a two-tier grievance redressal mechanism to facilitate easy resolution of User grievances in the following manner:

1. In order to raise a grievance with respect to the services provide by the Company, the User can contact the Company’s Complaint Centre by (i) giving a Missed Call on 1800 3157 444; (ii) calling the Company on +91-22-68366836 (24×7); and also (iii) via WhatsApp message on +91 8657687542 (Only Business Hours).
2. Upon receipt of the complaint, the Complaint Centre shall register the same and allot a docket number to the said complaint. The docket number so allotted shall be communicated to the User along-with a tentative time frame for resolution of the complaint. Upon resolution of the complaint, the same shall be communicated to the User.
3. In case where the User is not satisfied with the resolution of his/its complaint, or the complaint remains unresolved, the User may prefer an appeal to the Appellate Authority set-up in this behalf. Such appeal may be preferred either directly to the Appellate Authority through email or post or in person or can be registered through the Toll-Free number of the Complaint Centre.

For the purpose of preferring an appeal, the details of the Appellate Authority established by the Company are as under:

Sr No	Name	Email ID	Contact Number
1	Ashwini Dsouza	support@dsouzainfotainment.com	022-68366815

1. Upon receipt of the appeal, the same shall be registered by the Appellate Authority with a unique appeal number. The Appellate Authority shall thereafter communicate the appeal number to the User.
2. The Appellate Authority shall within 10 days from receipt of the complaint resolve the same by passing a reasoned order along with its points for determination and communicate the same to the User.
3. In case the User’s grievance is not redressed even after exhausting the two-tier redressal mechanism envisaged hereinabove, an individual User may approach Public Grievance Cell of Department of Telecommunications (DoT), 607, Mahanagar Door Sanchar Bhawan, Old Minto Road, J. L. Nehru Marg, New Delhi 110002 along with all documentary evidence(s) for non-redressal of his/its grievance. The User may submit his/its grievance in the form and manner as provided on the website of the department i.e., Public Grievances | Department of Telecommunications | Ministry of Communication | Government of India (dot.gov.in). Such an attempt by the User to seek redressal of his/its grievance shall be without prejudice to his/its right to approach an appropriate court of law.
4. In case the User is not satisfied with the resolution of his/its complaint, the User is free to approach an appropriate court of law/ any other appropriate forum for resolution of the grievance, subject to the Jurisdiction clause below.

G: Jurisdiction:Any dispute between the User and the Company as regards the construction and interpretation of the terms and conditions and performance of the services shall be subject to the exclusive jurisdiction of the courts in Mumbai.