Terms and Conditions
The Terms and Conditions mentioned herein shall form part of Customer Enhancement Form (CEF) overleaf signed by the Customer and shall be binding on him/her.
- “R2V2” means, R2V2 Technologies Pvt. Ltd., a company incorporated under the Companies Act, 2013 and having its registered office at Express Building, 3rd Floor 9-10, Bahadur Shah Zafar Marg. New Delhi, India, hereinafter referred to as “R2V2”, which expression shall unless repugnant to the context or meaning thereof, be deemed to mean and include its successors in interests and assigns
- “CEF” of “Customer Enrolment Form” or “Form” means this form that has to be filled and executed by any person for becoming a Customer of R2V2 and it includes these terms and conditions;
- ‘Customer’ shall mean a person (including any entity or association of persons) who has subscribed to the Device/Services after completing the required formalities i.e. making necessary payments etc.. Mere execution of the CEF shall NOT constitute the person to be a customer/subscriber;
- ‘Customer Equipment’ shall mean the Solar Home System branded ‘Reeva’ with inbuilt ability to provide access to Internet over Cellular networks.
The main components will be 1 Unit each –Rooftop Solar Module-100wP, Pedestal Fan, 3 LED luminaries, GSM Control Module -with paired SIM, electronic pad with 10.1 inch Screen -for accessing Internet, 1GB of R2V2 sponsored data each day for 1 year, and associated warranties.
- ‘DoT’ refers to Department of Telecommunications.
- ‘Enrolment Period’ shall mean the period commencing upon activation of the Services and shall be subject to all applicable laws, bye- laws, rules, regulations, notifications, order, directions of the Government/Courts/Tribunal/TRAI/Indian Telegraph Act 1885 and rules framed there under from time to time/ DOT/ Ministry of Information and broadcasting (MIB) and shall also comply with all directions issued by R2V2, and shall further be subject to terms and conditions of this form.
- In case of any law/ bye- laws or any such enactment/ guidelines/ rules related to the above service become repugnant then the same shall have over riding effect over such terms of this agreement.
- “Installation Address” means the address delineated in the CEF by the Customer for installation of Equipment for using and receiving Service.
- “IP Addresses” means operation of Internet Service which requires IP addresses (static or dynamic) for each permanent connection on internet.
- ‘Other Service Provider’ (OSP) means a company providing Application Services like tele-banking, tele-medicine, tele-education, tele-trading, e-commerce, call centre, network operation centre etc. by using telecom resources provided by Service Providers.
- ‘Services’ shall mean all related services connected to device “Reeva” which will be provided by R2V2 to the customer and other services of telecom and allied services which will be provided by network provider to its Customers and managed by R2V2 which, inter-alia, shall include device Reeva and it accessories loaded with sim will be available to the Customer at the instance of R2V2 who will have full control/ management over the same and the company will have full authority to manage such services;
- ‘Tariff’ shall mean all the rates, fees, charges, levies, etc. and related conditions and the tariff shall have the same meaning as contained in Tariff Telecommunication Orders issued by the TRAI.
- “TRAI” refers to Telecom Regulatory Authority of India.
1. R2V2 reserves the following rights.
- To seek and/or verify the particulars including financial information provided by the Customer, either by itself or from independent sources.
- To reject any CEF in case the particulars provided therein are incomplete, incorrect or for any other legally just and valid reason and without any liability whatsoever. The information provided by the Customer/gathered by R2V2 shall become R2V2 property even if the application is rejected and R2V2 is not liable to return the same to the customer/ end user.
2. DISCLAIMERS AND LIABILITY LIMITATION.
- A)R2V2 makes no express or implied warranties, guarantees, representations or undertakings whatsoever regarding the equipment/ Service etc. unless expressly mentioned in the Form.
- B)R2V2 shall not be liable to Customer and/or any person, firm, body corporate claiming through, under or in trust for the Customer and the Customer hereby waives and agrees to continue to waive all claims/actions of any delays, losses including, but not limited to, loss to business, profit, revenue or goodwill, demands, fees, cost, expenses, order judgment, etc. directly, incidental or consequential arising out of any delays, errors or defects or other failure with respect to the Service and all additional/supplemental Service, equipment or Billing, payment or collection to the extent such interruption, delay error or defect is due to reasons mentioned in clause 4.5 hereof. Further the Customer remains solely responsible for his own negligence, acts or omission.
- C)R2V2 shall not be responsible for any acts of franchises or any other third party with respect to schemes etc which are not authorized either by R2V2 or by network provider or which are purported to have been offered on behalf of service provider without the explicit and specific sanction in writing.
- D)It is clearly understood that installation/shifting of broadband, fixed line services or IPTVservicerequire several vital and time-consuming activities, inter-alia, feasibility check of the area, proper wiring of the area/ premises, allocation of tag in the switch, configuration of the STB, other technical requirements etc. and therefore R2V2 does not guarantee the provision of services upon execution of the CEF, during which the said Services shall be activated. R2V2 and service provider shall endeavour to activate the Service within reasonable time and it is expressly agreed that the person executing the CEF shall not be entitled to raise any claim or action or damages of whatsoever nature on account of non-activation or delayed activation of Services due to technical non-feasibility and the Customer shall only be entitled to refund of the initial amount paid by the Customer, if any.
- E)The internet speed available to the Customer is the maximum prescribed speed for which the Customer is entitled, and service provider does not hold out any assurance that the said speed shall bemaintained at all timesand the same may vary depending upon the Network congestion, technical reasons or any other unavoidable circumstances.
- F)R2V2 and network provider will not incur any liability for any of itsbonafideaction taken to protect intellectual property rights (IPR) even if the information on the strength of which it has taken any action is later discovered to be unfounded or false.
- CUSTOMER UNDERTAKINGS.
The Customer undertakes and agrees:
- That documents/details submitted by Customer along with CEF are subject to clearance/acceptance by network provider. In case of non-acceptance rejections of documents, the refund wherever applicable would be made as per TRAI regulations from time to time.
- To pay to R2V2 all the instalments/ relevant charges as published and notified from time to time.
- The Rules and Regulations of Indian Telegraph Act 1885 (including amendments thereto and ruled framed there under from time to time) shall be applicable to each and every Customer and in case of any Repugnancy the said Rules/Regulations shall have over riding effect over such terms of this form.
- To comply with all applicable laws, bye-laws, rules, regulation, order, direction, notification, etc. of the Government/ Court/ tribunals/ TRAI/ DoT/ Ministry of Information and Broadcasting (MIB) and shall also comply with all directions issued by R2V2 and network provider relating to Network, service, equipment, or any other connected matter and shall provide to R2V2 all information and co-operation as may be required by R2V2 from time to time.
4. PROVIDING THE SERVICE.
- The Service shall be provided within a reasonable time of receipt and acceptance by R2V2 and network provider of the CEF and subject to technical feasibility.
- R2V2/ Network provider shall allocate a telephone number, ID/Account ID at its sole and absolute discretion and connect Customer Equipment of CPE, as the case may be, to the network and will use all reasonable endeavours to maintain connection and provide Service/s throughout the Enrolment Period. The said number/ID shall remain in the exclusive domain of R2V2 and the Customer is entitled to use the same only during the Enrolment Period. Upon termination of the Enrolment Period or any other period, R2V2 shall have the right to allocate the said number/ID to any other Customer in its sole discretion and can also alter/change the same for any reason whatsoever, including but not limited to any directive of government/quasi government authority, DoT, MIB, TRAI, technical reason etc.
- All discounts/special benefits/scheme(s) pertaining to the Services shall be as per the terms and conditions specified by R2V2 from time to time.
- R2V2 has the right to predetermine or prefix the credit limit for the usage of Services availed by the Customer based on its internal credit rating. Quality, functionality and/or availability of the services, may be affected and R2V2, without any liability whatsoever, is entitled to refuse, limit, suspend, vary or disconnect the services, at any time, for reasonable cause, including, but not limited, to the following:
- Any violation of applicable rules, regulations, orders, directions, notifications, conditions of License Agreement etc. issued by the Government Telecom Regulatory Authority of India (“TRAI”) etc.
- Any discrepancy in the particulars provided by the Customer;
- If the Customer is in default (including past defaults) in making payment for the instalments, the Services or any related thing;
- During technical failure, modification, up-gradation, variation, relocation, repair and/or maintenance of the systems/equipment
- To combat potential fraud, sabotage, wilful destruction, national security or for any other force majeure reasons etc;
- Transmission limitations caused by topographical, geographical, atmospheric, hydrological and/or mechanical or electronic constraints/limitations and/or due to non-availability of suitable technical sites to install/upgrade network.
- Due to acts to God or circumstances beyond the control of R2V2 or network provider Including insurrection or civil disorder, or military operations, national or local emergency industrial disputes of any kind (whether or not involving any person concerned), fire, lightning, explosion, flood, incitement weather conditions, acts or commission of person or commission of person or bodies for whom R2V2 is not responsible or any Act, Regulation or Policy of the Government of India or State Government or any other Statutory Authority.
- If Services are used in violation of any law, rule/regulations; or for a purpose other than declared by the Customer at the time for subscription such as any unlawful, immoral or abusive purposes in violation or derogation of any law/ rule or regulation or statutory directives or order of any authority or any such order or directive for the time being in force or against any public policy or for sending/ receiving obscene, threatening, harassing messages/ communication or sending messages/ communication that affect national interest or create or apprehends any damage or risk to Nation or R2V2 technologies. By violative use/ mis use of device or sim by the customer shall under no circumstances be attributed to R2V2 and the customer shall be solely responsible for all such acts or omissions.
- Interconnection failure between inter or intra service provider(s);
- Non-receipt or non-supply of input/feed from/by Channel Broadcasters.
- Any bonafide action taken by R2V2 or network provider to protect its Intellectual Property Rights (IPR) or such rights of the content providers or any other person, whose interest it is bound to protect by virtue of contractual obligations or by law.
- R2V2 may block internet sites/ or individual customer as identified and directed by DOT or designated security agencies or competent authority from time to time.
- Any other reason, which is found to be reasonable by R2V2 warranting limiting/suspension/disconnection of Services.Page BreakADDITIONAL TERMS AND CONDITIONS FOR IPTV SERVICE:-
6.1IPTV Service shall be used only for private and domestic use and shall not be used for commercial purposes or used by Commercial Establishment. Customer understands Service shall not be used in a place open to general public or accessed in a public place.
6.2IPTV Service shall not be accessed outside the Installation Address and the Installation Address can be only in India.
6.3The tariff of the packages is based on arrangements with broadcasters from time to time and are subject to changes in the arrangement with broadcasters and additional applicable charges if applicable, shall be payable by the Customer.
6.4Customer is aware of the fact that TV Channels are procured from third parties and therefore R2V2 cannot assure continued availability of any channel/s or package/s. If certain channel/s from any package or the entire package/s are made unavailable by third party their restoration is dependent upon the said Party over which service provider has neither any control nor can commit any specific timeline for restoration of service and thus Customer shall not hold R2V2 liable for this.
6.5R2V2 may at any time with or without notice, without incurring any liability, withdraw any channel or content or any channel/s or programme/s or any package or the entire Service on the following eventuality :-
- In the interest of national security; or
- In public Interest; or
- If required by law; or
- If the content affects the sentiments of any religion or caste or sect or is obscene, offensive of defamatory or enrages the public sentiment or constitutes an unfair trade practice or violates any other legislation or policy for the time being in force or is made go give negative publicity of R2V2 or its associates or any other product.
6.6R2V2 may at its sole discretion provide Value Added Services (VAS) that may be accessed by the Customer from time to time. Customer shall not be allowed to cancel or withdraw after the requested VAS has commenced and no refund will be made by R2V2.
6.7Multi Room Subscription means a facility that may be made available by R2V2, on the request of any Customer, to have more than one STB on the same installation address after payment of applicable charges, but subject to a maximum number as may be specified by R2V2 or network provider.
AMENDMENT IN ANY TERM AND CONDITION OF THE FORMS
- R2V2 shall have the option to vary, alter or amend any term and condition forming part of this Form due to administrative or commercial compulsions or for any other reason considered necessary in the interest of business operations. Customer’s continued use of services or payments to R2V2 after any issuance of such notice will constitute Customer’s consent or approval to all such amendments.
- The failure of any party thereto at any time to require performance by the other party of any obligation/provision of this Form shall not affect the right of such party to require performance of that obligation/provision subsequently, nor any waiver by any party of any breach of any provision/ obligation of this Forms shall be constructed as waiver of any continuing or succeeding breach of any such provision, or waiver of the provision, itself or a waiver of any right(s) here under.
- If any part of this Form is held invalid, the remaining provision will remain unaffected and enforceable, except to extent that R2V2 right/obligations under the Form are materially impaired.
Privacy of communication is subject to the terms of the License Agreement or service provider with DoT/MID and other statutory and regulatory notifications/ directives etc. an agreement with the content provider etc. The Customer specifically agrees that in order to facilitate R2V2 or network provider to provide Services may be required to disclose any information or particulars pertaining to the Customer to any authority, statutory or otherwise, including but not limited to any debt collection agency, credit reference agency, security agency, and reserves the right to comply with the directions of such authorities at its discretion and without intimating the Customer.
- OTHER MATTERS
11.1UNDERTAKING: Customer undertakes and agrees to take the required measures to ensure that any spam or malicious traffic is not generated from the customer end. If at any time spam activity, malicious/ unwanted act is observed at the end of the customer, R2V2 reserves the right to lock/ suspend or terminate the services immediately without any prior notice and R2V2 or its authorized person also will be at liberty to take any appropriate action as per law and in the interest of justice.
11.2Customer will solely be responsible for any use/ mis use of any Wi Fi installation or other permitted network services.
11.3Customer shall intimate R2V2 about the change in address, if any, in writing along with such proof, as may be deemed necessary by R2V2 technologies.