This mobile application (“Application”) and any related documentation are licensed to the customer for use only under the terms of this software license agreement (“License”). For the purposes of this License, “Customer” shall mean an existing Airtel talk subscriber who has downloaded the Application for personal use.
1. The Application is licensed to the Customer by Bharti Airtel (Hong Kong) Limited (“Airtel”) for use strictly in accordance with the terms and conditions of this License. The terms of this License will govern any upgrades, updates, modifications or enhancements to the Application.
2. Airtel talk does not provide 911 or Emergency Services in connection with use of the Application.
3. Airtel grants the Customer a revocable, non-exclusive, non-transferable, limited right to install and use the Application to access and use the Application on such mobile phone strictly in accordance with the terms and conditions of this License. The Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights including but not limited to Airtel trademarks, service marks , logos and taglines are, and shall remain, the property of Airtel or the third party licensor
4. Customer may not rent, lease, lend, sublicense or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.
5. The Customer cannot accept these terms if he/she is not of legal age, as per the country in which the Customer resides, to form a binding agreement with Airtel.
6. The Customer agrees and acknowledges that data charges will remain applicable for downloading and using the Application.
7. Customer shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Customer’s access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Airtel or its affiliates, or the licensors of the Application; (e) use the Application for any other purpose for which it is not designed or intended; This provision shall survive the termination of License.
8. Registration on this website requires basic customer information. Airtel uses this information to verify that only authorized Customer have access to the information. During the registration process, the Customer agrees to provide true, accurate and complete information and agrees not to submit particulars that he/ she does not have the right or authority to submit.
9. The Customer shall take all necessary precautions to prevent unauthorized and illegal use and unauthorized access to his/ her account through the Application. Airtel shall not be responsible for any misuse of Customer mobile phone or unauthorized access to the Customer account details by any third party. Airtel expressly disclaims any and all liability, howsoever, arising out of the misuse of the Application downloaded by the Customer.
10. Customer hereby authorizes and consents to the collection, storage and use, by Airtel and its affiliates, partners and any third party, of any information and data, personal data, sensitive personal data, any Customer’s personally identifiable information related to or derived from Customer’s use of the Application, and any information or data that Customer provides to Airtel and its affiliates, partners and licensors ("Information"). Airtel shall take commercially reasonable measures to ensure the security of any Customer’s information or personally identifiable information on using commercially reasonable technology available in India. However, Airtel shall not be held liable for any security lapses occurring beyond its control. The Information will be treated as being non-confidential and nonproprietary, and Airtel assumes no obligation to protect confidential or proprietary information from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. This provision shall survive the termination of the License. Notwithstanding any other term of this Application, Airtel shall not be liable, nor shall be responsible to indemnify Customer in connection with any breach of any applicable privacy law.
11. This License shall be effective until terminated. Airtel may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to Customer hereunder with or without prior notice. Furthermore, if Customer fails to comply with any terms and conditions of this License, then this License and any rights afforded to Customer hereunder shall terminate automatically, without any notice or other action by Airtel. Upon the termination of this License, Customer shall cease all use of the Application and uninstall the Application.
12. The Customer may request to block usage of the Application facility any time by giving a written notice/ or by informing Airtel talk support at least 15 days in advance. In the event, the Customer mobile phone is stolen or lost, the Customer should immediately inform Airtel Talk support to immediately block usage of the Application. The Customer will remain responsible for any transactions made until the Application is blocked by Airtel.
13. Customer acknowledge and agree that the Application is provided on an "as is' and "as available" basis, and that Customer’s use of or reliance upon the Application accessed thereby is at Customer’s sole risk and discretion. Airtel and its affiliates, and licensors hereby disclaim any and all representations, warranties and guaranties regarding the Application, whether express, implied or statutory, and including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Furthermore, Airtel and its affiliates, and licensors make no warranty that (i) the Application will meet Customer’s requirements; (ii) the Application will be un-interrupted, accurate, reliable, timely, secure or error-free; or (iii) any errors in the Application will be corrected. No advice or information, whether oral or written, obtained by Customer from Airtel or from the Application shall create any lie-presentation, warranty or guarantee. Furthermore, Customer acknowledge that Airtel has no obligation to correct any errors or otherwise support or maintain the Application. Airtel will not be liable for any virus that may enter the Customer's mobile phone as a result of the Customer using the Application.
14. The disclaimer governing the website www.airtel.com/airteltalk shall form an integral part of these terms and conditions.
15. Under no circumstances shall Airtel or its affiliates or licensors be liable for any indirect, incidental, consequential, special or exemplary damages or damages arising due to loss of data and loss of use arising out of or in connection with Customer’s access or use of or inability to access or use the application, whether or not the damages were foreseeable. Without limiting the generality of the foregoing, Airtel’s aggregate liability to Customer (whether under contract, tort, statute or otherwise) shall not exceed the amount of fifty dollars ($50.00). This section shall survive the termination of the license.
16. Airtel shall not be liable for any third party products or services advertised on the Application. Customer assume all risks arising out of or resulting from Customer’s transaction of business over the Internet and with any third party, and Customer agree that Airtel and its affiliates, and licensors are not responsible or liable for any loss or with any third party.
17. Customer shall indemnify, defend and hold harmless Airtel and its affiliates, and licensors, and each of their respective officers, directors, agents and employees (the "Indemnified Parties") from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, reasonable attorney’s fees) arising out of or in connection with the following: (i) Customer access to or use of the Application; (ii) Customer breach of this License; (iii) Customer violation of law; (iv) Customer negligence or willful misconduct; or (v) Customer violation of the rights of a third party, including the infringement by Customer of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity and (vi) Airtel’s execution of any Customer instructions. These obligations will survive any termination of the License.
18. The Customer shall immediately uninstall the Application in case the Customer changes his/her mobile phone. In the event of loss of mobile phone, the Customer should request deactivation of this Application by reaching out to Airtel talk support. Airtel shall not be liable for any unauthorized transactions made using the Application and the Customer hereby fully indemnifies and holds airtel harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof.
19. Airtel does not warrant that the Application will be compatible or interoperable with Customer mobile phone. Furthermore, Customer acknowledge that compatibility and interoperability problems can cause the performance of Customer mobile phone to diminish or fail completely, and may result in permanent the damage to Customer mobile phone, loss of the data located on Customer mobile phone, and corruption of the software and files located on Customer mobile phone. Customer acknowledge and agree that Airtel and its affiliates, and licensors shall have no liability to Customer for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
20. Customer hereby release Airtel from any liability resulting from Customer use or possession of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; (iii) any claim arising under consumer protection or similar legislation and (iv) any misuse or unauthorized access of Customer’s Airtel account.
21. This License shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from this License shall be adjudicated in the courts at New Delhi.
22. Airtel may modify or amend the terms of this License by posting a copy of the modified or amended License on the www.airtel.com/airteltalk website. Customer will be deemed to have agreed to any such modification or amendment by Customer’s decision to continue using the Application following the date in which the modified or amended License is posted.
23. The Licensed Application will operate in high quality Wi-Fi network environments and/or high quality 3G/4G network environments, as applicable.
24. For roaming usage – availability of high 3G/4G & Broadband bandwidth is recommended. Data bandwidth charges are all borne by customer.
26. Airtel talk plans & packages are denominated in USD $ only, Customer will be liable for the currency conversion charge in case of different currency recharges
27. Customer to be liable for VAT & Service charges that may be applicable for certain geographies.
28. Airtel does not consider proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Feedback") to be confidential information. If you send any Feedback to Airtel through the website www.airtel.com/airteltalk, social networks or otherwise, you acknowledge and agree that Airtel shall not be under any obligation of confidentiality with respect to the Feedback and nothing in this License limits or restricts Airtel's right to independently use, develop, evaluate, or market products, whether incorporating the Feedback or otherwise.
Without derogating from the warranty disclaimers and limitation of liability as set forth in this Agreement, you acknowledge and agree that: (i) this Agreement is concluded between Airtel and you only, and not with Apple, Inc. ("Apple"), (ii) Airtel and its licensors, and not Apple, is solely responsible for the software and the content thereof; (iii) Airtel is solely responsible for providing any maintenance and support services with respect to the software, as specified in this Agreement, or as required under applicable law; (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the software; (v) Airtel is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed; (vi) in the event of any failure of the software to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid by you for the software to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the software, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ' Airtel s sole responsibility; (vii) Airtel and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the software or your possession and/or use of the software, including, but not limited to: (a) product liability claims; (b) any claim that the software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (viii) in the event of any third party claim that the software or your possession and use of the software infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation defense, settlement and discharge of any such intellectual property infringement claim; and (ix) Apple, and its subsidiaries, are third party beneficiaries of the Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof. In addition, you represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. Notwithstanding any other provision herein, if you have downloaded the software from the Apple App Store then your license to use the software is limited to a non-transferable license to use the software on an iOS Product (defined below) that you own or control and solely as permitted by the Usage Rules set forth in the App Store Terms of Service. "iOS Product" means an Apple-branded product that runs the iOS. By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple Software Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).
If you are downloading the software from a third party mobile device platform or service provider ("Distributor"), please be aware that the Distributor may have established usage rules which also govern your use of the software ("Usage Rules"). In addition to any Distributor Usage Rules that may be set forth herein, you acknowledge that other Distributor Usage Rules may also apply to and govern your use of the software. You affirm that prior to downloading the software from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the software; if you are unable to make such a representation you are prohibited from installing and/or using the software.
30. Third Party Terms of Agreement: The Customer shall comply with applicable third party terms of agreement when using the Application. Airtel shall not be responsible for any violation of applicable third party terms of agreement by Customers.
31. Airtel shall not be liable, nor shall be responsible to indemnify Customer or any related third party in connection with any breach of any applicable privacy law.
32. Application developer name and address: All Customer questions, complaints or claims with respect to the Application should be directed to: Name: Sharad Thukral Email Address: Airteltalk@in.airtel.com
Bharti Airtel Hong Kong Limited
3 Lockhart Rd