JioGate

TERMS AND CONDITIONS FOR JIOGATE

THESE TERMS AND CONDITIONS FOR THE JIOGATE SUBSCRIPTION SHALL GOVERN YOUR USE OF THE JIOGATE WEBSITE/APPLICATION AND ITS SERVICES BROUGHT TO YOU BY JPL (AS DEFINED BELOW) DURING THE SUBSCRIPTION PERIOD AS MENTIONED HEREIN. YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND APPLICABLE PRIVACY POLICIES AS PROVIDED at https://adminportalenterprise-jiogateqa.jio.ril.com/static/privacy_policy.html YOU MAY ACCESS THE SERVICES FOR THE DURATION MENTIONED IN THE SUBSCRIPTION PERIOD MENTIONED IN THE CUSTOMER APPLICATION FORM FOR SUBSCRIPTION. JIOGATE RESERVES THE RIGHT, IN ITS ABSOLUTE SOLE DISCRETION, TO MODIFY THESE SUBSCRIPTION TERMS AND CONDITIONS OR TO TERMINATE SUBSCRIPTION AT ANY TIME WITH OR WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU, UNLESS SPECIFIED IN THE BELOW TERMS AND CONDITIONS.

This document is an electronic record in terms of the Information Technology Act, 2000 ("IT Act") and rules thereunder as amended from time to time and is published as per its rules, which mandates for publishing of rules and regulations, privacy policy and terms of use for access or usage of the Website (as defined below). This electronic record is generated by a computer system and does not require any physical or digital signatures.

The User and JPL agree to the following Terms and Conditions for the use of Services:

Definitions-

“ Administrator ” shall mean the representative of the Premises identified as an administrator and provides his data required for his registration to get administrative access to the Application for using the Service and manages User.
“ Affiliate(s) ” shall mean with respect to JPL, any Person directly or indirectly controlling, controlled by, or under direct or indirect common control with such person.
“ Agreement ”means and includes the Customer Application Form (CAF) including these terms and conditions, and privacy policy.
“ Application ” means the JioGate website/Application (which is owned/operated by JPL) through which the User can register and access Service.
“ Premises” means and includes the User premises, businesses complex/ apartment complex /gated complex/ in which the Services are intended to be used or so used including premises of Enterprises, Educational Institutions and/or Recreational Centres.
“ JPL ”shall mean Jio Platforms Limited having its registered office at 101, Saffron, Nr. Centre Point, Panchwati 5 Rasta, Ambawadi, Ahmedabad-380006, Gujarat, India. and may also be called as COMPANY, WE, US, OUR in these Terms and Conditions.
“ Employee or Resident or Occupant ”” shall mean the property user including but not limiting to an owner of the property, a tenant, licensee, employee(s) or authorised representative(s) etc. (as the case may be) within the Premises.
“ Security Guard ” shall mean the security guards hired by the respective Administrator of the Premises and such security guard having enrolled themselves as per clause 2.2 below to be a part of the Services provided through the Application.
“ Services ” shall mean JioGate services which includes (1) visitor management solution, (2) Occupant identification, (3) quick check-in of Users, (4) Occupant vehicles’ flow, (5) real-time list of visitors, (6) management / attendance of daily staff, (7) panic alerts, (8) pre-register cab/vehicle entry, (9) other features etc. as provided on the Application to User.
“ Subscription Period ”” shall commence from the date You subscribe to Our subscription plan(s) and start using the application and its Services and shall continue unless terminated in accordance with the terms of this Customer Application Form including Terms and Conditions.
“ User ” shall mean and include and not be limited to the customer, Employee, Resident or Occupant, Security Guard, visitors, help/workers/service providers/third parties, Administrator of the Premises using the Application and its Services, for accessing or visiting /exiting the Premises. User may also be called YOU, YOUR under these terms and conditions.

Acceptance of terms and registration of account-

For Resident or Occupant or Employee:

In the event a user is a Resident or Employee, to accept these terms of use, such Employee or Resident must be at least 18 (eighteen) years of age. In the event that a Resident is below 18 (eighteen) years of age, Resident’s guardian must read and understand and accept the provisions on Employee’s Resident’s behalf. In case of Employee, such Employee must be duly authorised by the employer to act for an on behalf of such employer.
To access the Services offered by JPL, the Employee or Resident will need to download the Application on his/her compatible mobile device through appropriate app stores. Only those Employees or Residents shall be able to register on the Application who are authorised by their respective Administrator of the Premises. To complete the registration on the Application, the Employee or Resident will be required to provide information about themselves, like (i) property number/tower name/number, (ii) ownership type, (iii) Employee’s or Resident’s name, middle name, last name, (iv) primary mobile number, (v) primary email id etc. Upon giving the above information the Application will direct User to create a user name and password for creating an account. This user account will be linked to the Security Guard device, and share data with both the Employee /Resident device and the Administrator portal. In the event Employee or Resident forgets his/her password, a One Time Password (OTP) will be sent to him/her on their registered mobile number using which, s/he can further re-generate their password for accessing the Application’s Services.
If the Employee or Resident provides any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate their account and refuse any and all current or future use of the Application and/or the Services provided by Us or any part thereof.
A Employee or Resident may access the Application for their personal/ official /non-commercial use only, for sole purpose of providing access to their Users to the Premises and for the administrative (non-commercial) use.
The Employee or Resident agrees that if they use the Services then also it shall not be the responsibility of JPL to perform background checks or provide any advice relating to the hiring/firing of the Security Guard of the Premises.
The hiring/firing of any Security Guard and/or any third-party service providers shall be at the sole risk of the Administrators, and JPL shall not be held responsible and liable for any theft, security breach or any other unusual or illegal activity that occurs in the Premises in the presence/absence of Security Guard. We are merely a technology platform. The Administrators shall contact the respective law enforcement agencies for any such unusual or illegal activity so identified at the Premises.

For Security Guard:

In the event a User is a Security Guard, to accept these terms and conditions, a Security Guard must be at least 18 (eighteen) years of age.
In order for the Security Guard to be able to use the Application, s/he will be required to first download the Application from appropriate app store on their compatible mobile device followed by creating an account for themselves on the Application by filling the necessary details as prompted on the Application. The access to the Application shall be made available to the Security Guard only after s/he provides a six-digit code given to him / her by the respective Administrator. The Security Guard shall also provide other basic information on the Application like his/her mobile number, document ID, photo of document ID, his/her name, his/her photo, his/her vehicle number (which is not mandatory), etc.
At the time of creating Security Guard Account, if the Security Guard provides any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate the Security Guard account and refuse any and all current or future use of the Application (or any portion thereof) at any time, without notice to Security Guard and without assigning any reason.
The Security Guard may only access the Application as available only for carrying out his/her duties in relation to his/her job to provide services to the Premises. No personal use of the Application can be made by the Security Guard.
As a part of using the Application, the Security Guard may also collect visitor information provided to them by visitors in order to create and maintain reports of the visitors visiting the Premises. For the purposes of clarity, visitor shall mean and include regular visitors such as daily staff (maids, drivers, cooks, visitors, service provider, workers, third parties, sales person etc.), as well as non-regular visitors including, without limitation, deliveries, cabs, relatives, friends, and delivery person.

Links to Third Parties-

a. Application may contain links to other applications or websites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or service offerings of, any of these businesses or individuals, or the accuracy of the content of their applications or websites. We do not assume any responsibility or liability for the actions, product/services, and content of any such applications or websites. Before You access or visit any third-party applications or websites made available on the Application, You should review the applicable terms of use and prevailing privacy policies for such applications or websites. If You decide to access any such third-party applications or websites, You do so at Your own risk.
b. Relying on any information provided by such third parties, their employees, or others appearing on the Application is solely at your own risk, as the same is provided on an “AS IS” basis by JPL. You understand that We are merely a technology platform and We shall not be responsible for the correctness of the information provided by You or any third party on the Application. You acknowledge and agree that the Application along with the Services are intermediary and the use and/or publication of any information provided by the Users shall be at the User’s sole risk except so far as provided under this Agreement. We do not control the information provided by third parties (such as value-added services or other promotional / marketing links on our Application) nor do We control any information or data provided by the other User/customer, being our direct customers, as the case may be. Your reliance on the same shall be at your own risk.

To use the Service-

The Users would need mobile devices with activated SIM cards of any telecommunications service provider in India. JPL offers You to purchase the mobile device from Us. If you exercise the said right to purchase the mobile device from JPL, you shall be entitled to the warranty, as is offered by the original equipment manufacturer of the mobile device on a pass though basis. Further, any warranty claim by you in relation to the mobile device shall be directly dealt with between you and the original equipment manufacturer of the mobile device, without recourse to JPL. You shall also need to apply for mobile sim card and placing the same on the mobile device to activate the said SIM card, for operating the mobile device, to download the Application on such mobile device and to use the Services thereafter. You will be bound by the terms of use/limitations of the mobile device so proposed by the original equipment manufacturer of the mobile device, and you shall also be liable to comply with the use of the SIM card usage terms, conditions and limitations etc., if any, in addition to this Agreement. The User further agrees that the User will contact the original equipment manufacturer of the mobile device directly if, the User has any queries or clarifications regarding the mobile device.

Grant of license and Restricted Use-

Unless otherwise specified in these Terms and Conditions, the Service is provided as-is and without indemnity or warranty of any kind.
JPL will provide Services to you free of cost for a period of six (6) months (“Free Period”). JPL may extend or shorten such Free Period at its sole discretion. At the end of the Free Period, JPL may choose to provide the Services on a subscription basis the rates of which shall be decided solely by JPL. If you choose to subscribe to the subscription plans, JPL will provide the Services to you as per your chosen subscription plan which can be purchased directly from Us or as part of the bundled offering along with our other services. You agree that JPL retains the right at its sole discretion to either reduce or increase the rate of Services of subscription plan subscribed by you, and once the rate revision is announced, you shall be liable to pay the revised rates of Service subscription to JPL or as part of its bundled offering to avail all the Services so desired by you from JPL. If you continue using the Service after the revision of the subscription rate of Services, then you shall be bound to pay JPL and/or its Affiliates the revised subscription rates from the date of such revision.
For the duration of the subscription Period, You accept a limited, non-exclusive, non-transferable and revocable license to use the JioGate Services developed by Us. You agree that this license does not permit You nor does it allow You to permit any third party to lease, sell, distribute, sub-license or otherwise transfer, assign, rent or reproduce or duplicate, copy, re-sell or exploit for any commercial purposes any portion of the Services.
During the subscription Period, You may only use the Services provided to You and You shall not extract the Application’s source code or reverse engineer, decompile or disassemble the Application or its features, except and only to the extent expressly permitted by applicable laws. During the subscription Period, You may not use the Application and the Services provided to You for any unlawful, infringing or offensive activities.
e. Any attempt at hacking or unlawful use of Services or servers can invite legal action (both civil/criminal) under applicable law against You as detailed in clause 6 below.

Demo/ Trial Period-

JPL shall provide a demonstration of its Services on a trial basis for a period of one (1) month (“Demo/Trial Period”), after which the subscription can be availed by You at the end of the Demo/Trial Period.
During the Demo/Trial Period, You will be granted access to the Service, allowing users to explore its features and functionality. Additionally, the Services will be provided as-is i.e., without any indemnity or warranty of any kind whatsoever.
There shall be no consideration payable by You to JPL for the Demo/Trial Period.
At the end of the Demo Period, JPL may offer the Services on a subscription basis. The subscription rates will be determined solely by JPL. If You choose to subscribe to a plan, JPL will provide the Services according to your selected subscription plan.

No Unlawful, infringing or offensive activities-

You agree that You, shall not use the Services/Application in order to host, display, upload, modify, publish, transmit, update, share any information through this Service/Application:

belongs to another person and to which the user does not have any right;
is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
is harmful to child;
infringes any patent, trademark, copyright or other proprietary rights;
deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify;
impersonates another person;
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 cognisable offence, or prevents investigation of any offence, or is insulting other nation;
contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
is in the nature of an online game that is not verified as a permissible online game;
is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game;
violates any law for the time being in force
Run any internet protocol ("IP") forging or port scanning software to deliberately affect remote machines;

Explanation.—In this clause, “user harm” and “harm” mean any effect which is detrimental to a user or child, as the case may be;]]

If You become aware of misuse of the Services by any person, please contact support@jiogate.com

You will have access to sensitive information of the Users visiting the Premises, and You shall be liable for any consequences of intentional or inadvertent sharing of personal or sensitive or identifiable information of Users with third parties. Any unlawful or any unauthorised use of the said User data by You, Your officers/agents/ representatives/personnel shall be Your sole responsibility/liability and We shall not be liable in any manner whatsoever in this regard.
You shall use the Services only within the Premises identified by your Customer Application Form.

Training-

As part of Our Services, We shall also provide training material to the Premises Administrator, society and/or management committee, and to the respective Security Guards of such Premises. However, video sessions, chat, call will be arranged by the society/enterprise management of the Premises, as and when available, for Employees/ Residents of such Premises (including Enterprise/ societies etc).

Data protection-

– Unless mentioned in these terms and conditions and the privacy policy, You may note that JPL does not sell, rent or otherwise make available the personal information of the User or the common information to any third-party, without the User’s explicit approval, except to the Administrator/Security Guard for performance of the Service. To the extent that We hold or process any personal data provided by You in the course of this subscription Period, We will collect, store, transfer, process, delete, share with law enforcement agencies, such User data (including personal data) in accordance with Our privacy policy which can be found on our website https://adminportalenterprise-jiogateqa.jio.ril.com/static/privacy_policy.html Hence, You agree that Your use of the Application including its Services during the Subscription Period will be governed by Our applicable Privacy Policy. We reserve our right to update Our Privacy Policy and these Terms and conditions at our sole discretion. You agree that by using our Services you shall be bound by the then prevalent Privacy Policy and Term and Conditions of the Customer Application Form.

Intellectual Property Rights-

We (and our licensor(s)) are the sole owner of Services including all software created to make the Services available to You. All intellectual property rights in the Service including but not limited to patents, trademarks, service marks and copyrights shall be Our or our licensor(s) intellectual property. All icons and logos are trademarks of and proprietary to Us. During the subscription Period, Your unauthorized copying, modification, use or publication of these marks is strictly prohibited. All Content on the Application, which is including, but not limited to, names, logos, images, text, columns, graphics, graphs, illustrations, artwork, software, designs, information, button icons, and any other content is Our exclusive and sole property, except customer detail/User data (“ Content ”). You shall not disassemble, or transfer Our Intellectual Property for any reason whatsoever or attempt to modify, or create a derivative work of any part of the Application. You may share your feedback including ideas with Us for creation of certain derivative work. Ownership of Intellectual Property in such derivative work shall remain with Us.

Indemnity-

You undertake to indemnify, defend and hold harmless Company, its affiliates and their respective officers, directors, employees and agents from and against all claims, actions, suits, demands, damages, obligations, liabilities, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorneys’ fees and costs) which arise out of or result from (i) Your negligent act or wilful misconduct; or (ii) fraud or fraudulent misrepresentation by You; or (iii) any breach of any representation, warranty or covenant made by You under these terms or (iv) Your use of and access to the Services; (v) Your violation of any of these terms and conditions and applicable privacy policy; (vi) Your or Your Security Guard violation of any third party right, including without limitation any copyright, property, or privacy right.

Limitation of Liability-

NOTWITHSTANDING ANYTHING CONTAINED HEREIN OR ELSEWHERE OR FOR ANY LAW FOR THE TIME BEING FORCE , THE PARTIES AGREE THAT IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES’, OR ITS AGENTS’, PARTNERS, CONTRACTORS’ OR SUB-CONTRACTOR’S , AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES OR UNDER THESE TERMS AND CONDITIONS SHALL EXCEED HUNDRED (100) RUPEES OR THE SUBSCRIPTION FEES PAID BY YOU, WHICHEVER IS HIGHER, FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU AGAINST THE COMPANY, WHETHER FOR NEGLIGENCE OR FRAUD OR DIRECT OR INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVICED OF SUCH DAMAGES. THE JIOGATE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND JIOGATE HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS WITH REGARD TO (A) THE SERVICES, INCLUDING BUT NOT LIMITED TO SOFTWARE, HARDWARE, SYSTEMS, EQUIPMENTS, NETWORKS OR OPEARTING ENVIRONMENT AND (B) MERCHANTABILITY, NON-INFRINGEMENT, ERROR-FREE AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY SHALL NOT BE LIABLE FOR ANY UNANTICIPATED OR UNSCHEDULED DOWN TIME OF ALL OR A PORTION OF THE SERVICES PROVIDED TO THE USERS.

Consequential Damages-

Our Affiliates, respective investors, directors, employees, agents, suppliers, and We shall not be liable, at any time for any indirect, punitive, incidental, special, consequential damages arising out of or in any way connected with Your use of the mobile device, Application and Services, whether based in contract, tort, strict liability, or other theory.

Suspension/Discontinuation/Termination-

We reserve the right to terminate the Services by giving a 30 day’s notice to You.
These terms and conditions may also be terminated during the Subscription Period by Us at our sole and absolute discretion if You are in breach of any of the term(s) these terms and conditions. These terms and conditions can be terminated by You following the Opt Out option mentioned below:
1. We reserve the right to terminate the Services by giving a 30 day’s notice to You.
2. Your account or Your access to the Application may be terminated immediately, with or without notice to You, and without liability to You, if We believe that You have breached any of these terms and/or conditions, the privacy policy, or if you have provided any false or misleading information, or interfered with use of the Services by others.
3. We reserve the right to cancel delete or deactivate Your account on the Application, if We believe the same has been compromised, or is being used fraudulently, at Our own discretion.
4. Opt Out option – In the event You decide to stop using the Services and the Application before the expiry of Subscription Period, You can do so by reaching out to our deployment personnel. If You wish to use the Services after the expiry of the subscription Period, You may subscribe to such Services through the Application and by completing the enrolment procedure and providing appropriate supporting documents to Us.
Consequences of termination – If the subscription Period expires or these terms and conditions are terminated earlier in accordance with this clause 13, then You must stop using the Application and its Services from the date of the such expiry/termination. All master data and transaction data (this excludes Chats) will be provided in csv or equivalent format by Company to you alone. We are also entitled to not retain Your data beyond 30 days of such expiry/termination, unless the same is needed for compliance with applicable law, dispute resolution or for backup and archival purposes etc. We shall not be liable for any data portability obligation to any third party, and we shall provide the data only to the Customer mentioned in the Customer Application Form.

Grievance Redressal-

All support queries are to be lodged using the support link present on home page of the Application. This can be seen after logging into the Application. If the issue is related to log in, support email can be sent to "support@jiogate.com ”. All support queries will be responded within 72 business hours of Company receiving the email. The response can be a solution or a work around. Business hours of Company are 10:30AM to 6:30PM, IST Monday to Friday, except on national/state holidays in the state of Maharashtra, India. The Company shall provide and be responsible for the customer service with respect to the Services provided by the Company only. The User further agrees that the User will contact the Company directly if, the User has any queries or clarifications regarding the Services.

Miscellaneous provisions-

Nothing in these terms and conditions shall constitute any partnership or franchisee or agency relationship between You and the Company.
Certain features of Services are enabled or restricted based on the category of User, subject to the terms and conditions of subscription chosen by you.
You will enable access to the Premises to our representatives or representatives of our Affiliates during all reasonable working hours for conducting promotional activities, or any other related activities, as applicable including training etc. Affiliates with respect to Us shall mean a person or an entity which is directly or indirectly controlling, controlled by or under common control through one or more intermediaries;
If any provision of these terms and conditions, or part thereof, is held invalid by any law or regulation of any government, or by any court, the other provisions of these terms and conditions will remain in full force and effect.
The Agreement shall constitute the entire agreement between You and the Company and shall supersede all prior written or oral communications between the parties.
Our failure to enforce any provision of these terms and conditions or to respond to a breach by You shall not in any way constitute a waiver of our right to enforce subsequently any of these terms and conditions or to act with respect to similar breaches.
You agree and acknowledge that We may without your prior consent assign, transfer, novate, contract or in any other manner make over all or part of the benefit and obligations of these terms and conditions to any of our affiliate or any successor in interest. You cannot assign, transfer, novate, contract or in any other manner make over all or part of the Agreement without Our written consent.
The terms and conditions, which by implication or by express stipulation, survive the termination of these terms and conditions, shall be adhered to and complied with by the parties even after the expiry or earlier termination of the Services.
You agree and acknowledge that the Company shall not be held liable for any loss, delay or damage caused reasons beyond the control of the Company during the Subscription period, including but not limited to the acts of god, uncontrollable technical glitches, lack of back-up power, unavailability of electricity, equipment/ computer/ mobile malfunction/error or hacking, virus attack, unavailability of telecommunications network/ bandwidth, strikes, acts of terrorism, burglary, hijacking, robbery, riots, political disturbances, invasion, fire, floods, tsunami, storm, inclement weather, pandemic, epidemic, road accidents and for reasons beyond the control of Company.
These terms and conditions are governed by the laws of India. If the Parties fail to resolve any dispute in relation to this Agreement after expiry of thirty (30) days from the date the dispute is raised by either Party, then such dispute shall be referred to and finally be settled in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (or any statutory modification or re-enactment thereof) by a sole arbitrator appointed mutually by the Parties. The seat of arbitration shall be Mumbai. The order passed by the sole arbitrator shall be final and binding on the Parties. The language of the arbitration shall be English. The arbitrator shall decide any such dispute or claim strictly in accordance with the governing law specified hereinabove. Judgment upon any arbitral award rendered hereunder may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. Notwithstanding anything to the contrary, the Parties may agree to conduct the arbitration proceedings virtually through video conferencing or other audio-visual means as may be mutually agreed by the Parties and subject to applicable law.