Welcome to the BSNL Wi-Fi Wizard (the ‘App’) which is made available by BSNL a company incorporated under the provisions of the Companies Act, 1956, having its registered and corporate office at Bharat Sanchar Bhavan, Harish Chandra Mathur Lane, Janpath, New Delhi-110 001 (hereinafter individually referred to as (“BSNL”).
This ‘App’ is published by or on behalf of BSNL, which shall be referred to as “BSNL” or “We” or “Us”.
These Terms and Conditions of use for the App defined below are a legal and binding agreement between YOU (“you”, “your” or “yourself”) as the User and BSNL. These Terms and Conditions govern your use of App and Services (defined below). Please read the Terms and Conditions carefully before using the App and Services and if the same are not acceptable to you, please do not use the App. If you have any questions about these terms, please contact <wifioffloadbgl@gmail.com>.
By using the App, you agree and confirm that this App shall not be used/ shared by you for any benefit with any third party.
1.1 The ‘App’ means Beta version of mobile application software provided to you by BSNL. App is provided to offer services related to BSNL Wi-Fi services to be used on your mobile devices with compatible Android/iOS/Windows versions and any upgrades from time to time and any other software or documenation which enables the use of the App. 1.2 MSISDN means Mobile Subscriber Integrated Services Digital Network-Number that a User uses to register on the App for availing the Service;
1.3 MCC means Mobile Country Code;
1.4 MNC means Mobile Network Code;
1.5 User(s) means employee/ END User of the App who has downloaded the App on his or her device for availing the Service for personal and non-commercial use and has registered to the Service using the defined Registration process and fulfils as well as agrees to all Terms and Conditions listed herewith;
1.6 Location means the Location, premises and areas at which Service is available;
1.7 Service(s) means all the services that BSNL provides through this App including which allows you to access BSNL Wi-Fi Services on your device, but always subject to Terms and Conditions as defined here and elsewhere for BSNL Wi-Fi Services and BSNL Wi-Fi Plan(s);
1.8 Mobile Data means 2G/3G/4G data connectivity services subscribed on your BSNL prepaid or postpaid account, as applicable;
1.9 Broadband Data means data connectivity service s subscribed on your BSNL broadband account, as applicable;
1.10 Data Balance means 2G/3G/4G internet usage limit available at the time on your BSNL prepaid or postpaid account as applicable;
1.11 Device means any device including mobile handsets, tablets and phablets etc. on which BSNL allows the download and User downloads, installs and uses the App;
1.12 Walk-In user means any user who is having MSISDN and able to login successfully into BSNL portal and able to browse internet.
2.1 By using the App, its features or activating the use of BSNL Wi-Fi Services as provided by BSNL, you agree and accept these Terms and Conditions and the additional provisions below. You acknowledge that you are eligible for accepting these terms and conditions (the “Terms”) and any other applicableBSNL Wi-Fi Service or Wi-Fi Plan (s), BSNL’s Acceptable Use Policy and such other policies as BSNL may adopt (collectively, “Policies”), each as they may be amended from time to time at the sole discretion of BSNL and as may be posted from time to time at the BSNL website at <www.bsnl.co.in> and that you are responsible for all charges which may be incurred by you while using the Service. These Terms, any mobile/broadband/Wi-Fi Plan you have agreed to, and the Policies, including any BSNL materials (collectively referred to as “Agreement”) you received in connection with your account, govern the use of the Service. When you download and access this App, you acknowledge that you have read and understood and that you agree to be bound by these Terms, Policies and BSNL materials, as received. By providing your personal details to BSNL you are consenting t o its use in accordance with our Data Privacy Policy. By accessing the Service, you warrant and represent to BSNL that your use of the Service is legal and sh all be as per the terms contained herein below.
2.2 To avail the Service you need to register on BSNL website or on the App which may require you to provide or allow App to access any one or more of the following information:
2.2.1 Your country of origin
2.2.2 Your MSISDN, MCC, MNC
2.2.3 Name, email, gender
2.2.4 Your location
2.2.5 Providing other data and information that BSNL may need for registration and Service offering
2.2.6 Receiving One Time Passwords (received by SMS or email or otherwise)
2.2.7 Allowing auto-detect of One Time Passwords or entering One Time Passwords
2.2.8 Mobile Data/Broadband Data usage and Data balance
2.2.9 Device configuration and details including files
2.2.10 App history
2.2.11 Wi-Fi connection information
2.2.12 Call information
2.2.13 Any other relevant information required for smooth operation of BSNL Wi-Fi service.
You undertake and guarantee that you shall not use the Service or allow the Service to be used in any manner as specified below other than for personal and non-commercial purposes only. BSNL reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that there is a likelihood that it may, including but not limited to:
3.1 Defame abuse, harass, stalk, threaten or otherwise violate the rights of other User(s) or any third parties.
3.2 Send, knowingly receive, upload, download, or use, publish, post, distribute or disseminate any defamatory, obscene, abusive, menacing, indecent or unlawful material or information.
3.3 May be offensive, indecent, menacing, nuisance or is a hoax call or may cause annoyance, inconvenience or needless anxiety.
3.4 Post, transmit or upload files or information that contain viruses, corrupted files or any other similar software or programmes or disruptive component that may damage the operation of the Service and/or a third party’s system, product, device and/or network.
3.5 Submit particulars that you do not have the right or authority to submit under any law or any contractual or fiduciary.
3.6 Violate any copyright, trade mark, other applicable Indian or international laws or intellectual property rights of BSNL or any other third party.
3.7 Restricts or inhibits any other User from using or enjoying the Service, including without limitation by means of ‘hacking’ or otherwise with respect to the Service.
3.8 Breaks any law or the conditions of any licence or rights of others, or BSNL’s acceptable use policy which may be amended from time to time by BSNL at its sole discretion. BSNL’s acceptable use policy is available at <www.bsnl.co.in>
3.9 Adversely affect or is likely to affect how the Service is provided to the User.
3.10 Attempt to probe, scan or test the vulnerability of a system or network or Service or to breach security or authentication measures.
3.11 Send or attempt to send unsolicited messages, including without limitation, promotions or advertisements for products or services, ‘pyramid schemes’, ‘spam’, ‘chain mail’ or ‘junk mail’ etc.
3.12 Use or attempt to use the Service to send altered deceptive or false source-identifying information.
3.13 Exceed the download/upload limitations relevant to the particular period /quota of Service purchased by you.
3.14 Resell, or attempt to resell, the Service to any third party.
3.15 Use the Service in any manner not permissible in law or against the public policy and jurisdiction
3.16 Use the Service in such a manner as to host a web or other server, send or facilitate the sending of bulk e-mail or collect third party personal data without appropriate consent.3.17 Use the services in any manner that is not authorized or permitted under these presents or under the applicable rules, laws and regulations.
4.1 You agree not to reverse compile, modify, disassemble, copy, reproduce, alter, transfer, exchange the App, reverse engineer or otherwise attempt to derive the source code from the binary code of any firmware or software used to provide the Service or used in connection with the Service. You shall indemnify and keep indemnified BSNL, its partners, directors, affiliates, assigns, employees, agents, and investors against any losses or damages that BSNL suffers as a result of use of the IPR of BSNL or of a third party by you without obtaining an appropriate license or permission from BSNL or the relevant third party.
5.1 You agree to make the payments as due to BSNL for the Services availed by you.
5.2 By opting for “Mobile Data” within the App, you are giving your consent to BSNL to charge your data usage (till the time you are connected to “Mobile Data”) as per the data plan opted by you with BSNL.
5.3 By opting for “Broadband Data” within the App, you are giving your consent to BSNL to charge your data usage (till the time you are connected to “Broadband Data”) as per the data plan opted by you with BSNL.
5.4 The tariffs and/or rates charged for using the Service are subject to change without prior notice at BSNL’s sole discretion, therefore you should check all tariffs before availing of the Service.
5.5 The User agrees and acknowledges that BSNL shall use third-party payment processors (“Payment Processors”) or Wallet for any payments made for the App as may be made applicable. The processing of all payments/fees will be subject to the terms, conditions and privacy policies of the Payment Processors or of Wallet in addition to this Agreement. The User further agrees and acknowledges that neither BSNL nor any of its directors, shareholders or other representatives shall be liable to the User under any circumstances for any direct, indirect, punitive, incidental, special or consequential damages that result from or arise out of User’s use of the Payment Processors, user’s payment through the Payment Processors or User’s ability or inability to complete the payment.
5.6 BSNL reserves the right to amend or withdraw the App, or charge for the App or Service provided to you in accordance with these terms, at any time and for any reason. You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the App. As a result you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the App or any such third party charges as may arise. If you are not the bill payer for the mobile telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
External links may be provided for your convenience, but they are beyond the control of BSNL and no representation is made as to their content. BSNL has not reviewed all of the sites linked to the internet through the Service and is not responsible for the contents of any such linked site. Use or reliance on any external links and the content thereon provided is at your risk. The inclusion of any link does not imply endorsement by BSNL of a site and/or link etc. Use of any such linked web site is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use.
The App may feature advertisements and promotions of third parties. Where it is apparent that products, services, information etc. are not provided by BSNL, your legal relationship in respect of those products, services, information etc. shall be with such third party supplier to whom such product, service, information etc. belongs. BSNL does not check or warrant the accuracy or completeness of the information or the suitability or quality of the products, services etc. of the third parties. You must make your own enquiries with the relevant third party supplier directly before relying on the third party information or entering into a transaction in relation to the third party products and services etc. supplied through the Service. If you are using a promotional plan, then specific promotional terms and conditions may apply.
You are responsible for ensuring that the device, product, system and/or equipment used by you is compatible with the Service and is in compliance with all applicable laws. You further agree to comply with all the applicable laws, rules and regulations
9.1 The availability and performance of the Service is subject to the limitations of device, product, system and/or equipment used by you, the range of operation of the Service and factors at the Location such as power availability and good environmental conditions. BSNL will make reasonable efforts to make the App available all the time. However you acknowledge that the App is provided over the internet and mobile networks and so the quality and availability of the App may be affected by factors outside BSNL’s reasonable control. Hence the Service rendered through the App may not be accessible, be limited, or curtailed at certain times, or its access may be interrupted and BSNL shall not be responsible for any delays, damage, loss, failures, errors or omissions or loss of transmitted information as a result of such interruptions or improper accessibility. Nor shall BSNL be responsible for the transmission of viruses or other contaminating or destructive programs through its Service and the use of the Service is at your sole risk and cost. The product descriptions and the availability of the products described on/through this App may vary from one hotspo /location to another hotspot/location.
9.2 BSNL will make reasonable efforts to make the App available all the time. However you acknowledge that Services at any Location are subject to Wi-Fi network availability and strength at the Location, bandwidth availability and number of User(s) at such Location, device limitations and other technical and infrastructural constraints. Hence the Service rendered through the App may not be accessible, be limited, or curtailed at certain times, or its access may be interrupted and BSNL shall not be responsible for any delays, damage, loss, failures, errors or omissions or loss of transmitted information as a result of such interruptions or improper accessibility. Nor shall BSNL be responsible for the transmission of viruses or other contaminating or destructive programs through its Service and the use of the Service is at your sole risk and cost. “Service” descriptions and the availability of the Service described on/through this App may vary from one hotspot/location to another hotspot/location.
9.3 BSNL makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Service, its use by you, the information obtained through the Service, information regarding the Service provided by it, you or your personal information or material and information transmitted through the Service provided by BSNL.
9.4 BSNL does not control, nor is it responsible or liable for, data, content, services, or products (including software) that you access, download, receive or buy via the Service or your acts of commission and omission while using the Service or the use and/or misuse of the Service. BSNL reserves the right to install, manage and operate one or more software, monitoring or other solutions designed to assist us in identifying and/or tracking activities that we consider to be illegal or violations of these Terms, including but not limited to any of the activities described in this section. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information (including but not limited to emails) that we consider to be actual or potential violations of the restrictions set forth in these Terms, including but not limited to those activities described in this section and any other activities that may subject BSNL to liability. BSNL is not in any manner responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service. You access such materials at your own risk. BSNL, its partners, directors, affiliates, assigns, employees, agents, and investors disclaim any and all liability for any failure on its part to prevent such materials or information from being transmitted over the Service and/or into your device, product, system or any other equipment. BSNL has no responsibility for third party provider policies, or their compliance with them. If you elect to download or otherwise enable any software, including any client-based software designed to facilitate your access of the Service, you shall be solely responsible for, and shall be deemed to have reviewed and, to the extent applicable, acknowledged, accepted or waived, any disclosures, notices or options otherwise made available to you for viewing as part of the log-in process for the Service. In no event, will BSNL, its partners, directors, affiliates, assigns, employees, agents, and investors are liable for any lack of privacy which may be experienced with regard to the Service. Notwithstanding anything else in this agreement, to the maximum extent permitted by applicable law, the Service will be provided on an “as is” and “as available” basis, and BSNL disclaims and makes no representations or warranties and there are no conditions of any kind, either express, implied or statutory, including but not limited to any warranties of non-interference, merchantability, fitness for a particular purpose or use, security, viruses, or arising from course of dealing or usage of trade. To the maximum extent permitted by applicable law, BSNL also disclaims any common-law duties relating to accuracy or lack of negligence. In addition, there is no warranty of title, against interference with your enjoyment of the service or against infringement. You assume all responsibility and risk for use of the service. We do not authorize anyone to make a warranty of any kind on our behalf and you should not rely on any such statement. Any statements made in any packaging, manuals or other documents, written or electronic, or by any BSNL employees or representatives or agents, are provided for informational purposes only and not as representations or warranties of any kind by BSNL.
9.5 Neither BSNL nor it affiliates, their agents or suppliers warrant that the Service will be uninterrupted or error free or free from Service degradation, or that any information, software, or other material accessible on the service are free from viruses etc. without limiting the aforesaid, the quality of the service may be affected by conditions within or beyond our control, including atmospheric, geographic, or topographic conditions, overall network usage levels, network signal quality, User and third party equipment performance, including the device, internet traffic levels, and other factors. Some states do not allow the disclaimer of implied warranties, so the above exclusion may not apply to you in whole or in part.
9.6 Under no circumstances shall BSNL, its partners, directors, affiliates, assigns, employees, agents, and investors be liable to you, any User, or any third party on account of your or that party’s use or misuse of or reliance on the BSNL Service arising from any claim relating to this agreement or the subject matter hereof. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if BSNL, its partners, directors, affiliates, assigns, employees, agents, and investors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Service, from inability to use the Service, or from the interruption, suspension, or termination of the Service (including such damages incurred by third parties). This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the Service or received through any links provided in the Service, as well as by reason of any information or advice received through or advertised on the Service or received through any links provided in the Service. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data as specified in this Agreement. Such limitation shall further apply with respect to the performance or non-performance of the Service or any information or merchandise that appears on, or is linked or related in any way to, the Service. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
9.7 Without limiting the foregoing, BSNL will not be responsible for any delay or failure in performance due to events beyond the control of BSNL, including but not limited to flood, fire, accident, embargo or other governmental acts, delay or defect in delivery by suppliers, transportation delay or unavailability, riot, war, act of terrorism or of the public enemy, power outage, labour dispute or shortage, severe computer virus, third party network problems or acts of God. You acknowledge that the Service is only available within the coverage area of the BSNL network, which is subject to change and that the Service may be temporarily unavailable for scheduled or unscheduled maintenance, equipment modifications or upgrades, and for other reasons within and without the control of BSNL.
BSNL shall not be responsible for any material that is submitted to the public areas by you including but not limited to bulletin boards, chat rooms etc . It is hereby clearly expressed that all such material (whether submitted by you or any other User) is not endorsed, reviewed or approved by BSNL.
You agree to indemnify, defend and hold BSNL, its partners, directors, affiliates, assigns, employees, agents, and investors harmless from and against any and all claims, damages (actual and consequential), losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of the terms; (ii) your violation of the undertaking, representation and covenants mentioned above; (iii) your use of the Service and/or (iv) your activities in connection with and through the Service.
BSNL does not routinely monitor the use of the Service by you like postings etc. to a website etc. but reserves the right to monitor, intercept and/or disclose any transmissions etc while using the Service if so deemed fit by BSNL to ensure compliance of law or any directives in force. However, if BSNL becomes aware of any inappropriate use of a website or the Service, BSNL will respond in any way that it deems appropriate in its sole discretion. You confirm and acknowledge that BSNL shall have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, BSNL will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet through the use of the Service. You will indemnify BSNL and its partners, directors, affiliates, assigns, employees, agents, and investors against all and any losses or claims arising from any breach of the terms and conditions, policies, notices by you, and against any claims or legal proceedings arising from your use of the Service which are brought or threatened against us by another person or entity.
You alone are responsible for your actions or the actions of any person using your Credentials. As such, you shall indemnify and hold BSNL and its partners, directors, affiliates, assigns, employees, agents, and investors harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the voucher by any person using your credentials violates any applicable law or regulation, or the rights of any third party. BSNL reserves the right to terminate access to the Service at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. In the event of any misuse of the Service, immediate action to suspend the service without notice may be carried out and BSNL may institute legal action. You shall defend, indemnify and hold BSNL, its partners, directors, affiliates, assigns, employees, agents, and investors harmless against any and all claims, losses, or liability arising under this section.
You understand that if at any time you are not current in paying any amounts owed to us as per the plan opted by you or if you are in non-compliance of these Terms and conditions and/or Policies or the Agreement, BSNL may terminate the Service immediately in our discretion without notice. Despite termination you will be liable for payment of any amounts due or other obligations incurred before or upon termination. Further, BSNL reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, either in whole or in part, at any time in its sole discretion in case of any breach of the terms and conditions mentioned herein.
You acknowledge and agree that all intellectual property rights (including, but not limited to copyrights (including rights in software), trademarks, database rights, patents and inventions) of any nature in the App together with the underlying software code are owned either directly by BSNL or by BSNL’s licensors or BSNL’s partners. Nothing in this agreement operates to transfer any such intellectual property rights to you. The User hereby acknowledges that any and all Intellectual Property rights and other proprietary rights in and in relation to the App and/or Services including without limitation any derivatives, improvements or modifications which ownership is directly attributable to BSNL (expressly excluding any personal information which belongs to the User) shall vest wholly completely and fully with BSNL throughout the territory of the world and User shall have no right or claim to such Intellectual Property in any manner whatsoever.
It is further agreed between the Parties that all the information pertaining the User including his personal details may be used by BSNL for any lawful purpose, provided that the information is used only in an anonymized and aggregated form and in a manner that does no t permit the identification of you i.e. the User. By virtue of the User accessing the App and providing his details, he/she does hereby assign any and all rights pertaining the said information which shall mean and include the User Content, provided however such information is used only for a lawful purpose and in an anonymised, and/or aggregated form and in a manner that does not permit your direct identification. This right shall survive termination of this Agreement.
You have no proprietary or ownership rights to a specific IP or other address, log-in name, or password that you use on the BSNL network. You agree that BSNL may access your information etc. to enable, operate and update the Service and software; investigate activity that may be in violation of these Terms; and/or to comply with applicable law. BSNL shall not under any circumstances whatsoever be held responsible or be liable for any issues and/or disputes whatsoever with respect to billing etc. arising out of usage by you of BSNL’s roaming partners at any BSNL hotspots /locations and/or at BSNL’s roaming partners’ sites.
BSNL may suspend the operation of the Service for support or maintenance work or otherwise, in order to update the content or for any other reason. BSNL may impose usage or Service limits, suspend access to the Service, or block certain kinds of usage in its sole discretion to protect you, other User(s) or its business. Network speed is no indication of the speed at which a device, product, system and/or equipment used by you sends or receives data. You agree that sharing the Service with another party breaches the terms and may constitute fraud or theft, for which BSNL, its affiliates, directors, employees and its agents reserve all rights and remedies.
You acknowledge that since the App and the software are in the beta testing phase and otherwise due to technical difficulties, scheduled or unscheduled maintenance and upgrades, causes or events outside BSNL’s control or for any or no reason whatsoever, BSNL may at any point in time may suspend or
discontinue or interrupt the Services and the App, in whole or in part, temporarily or permanently. In addition, BSNL reserves the right to modify or discontinue, temporarily or permanently any feature or functionality of the App with or without notice. You agree that BSNL shall not be responsible to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance, or interruption of the Service or the App.
All claims or issues regarding this Application shall be governed according to the laws of India. Any legal action concerning these Terms or this Application shall be subject to the sole jurisdiction of the courts situated in Delhi, India in accordance with the Indian laws.
16.1 For security reasons, you may be required to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the BSNL Wi-Fi Service. BSNL shall not be responsible for any information that you may lose for any reason whatsoever including if your session is terminated due to prolonged periods of inactivity between your browser and the BSNL Wi-Fi Service.
16.2 You must at all times comply with all directions issued by BSNL relating to use of the Service. Neither BSNL nor any of its partners, directors, affiliates, assigns, employees, agents, and investors will be responsible for providing the hardware, software or any other equipment necessary to access the Service and internet.
16.3 You must not send or disclose your OTP and/or password/credentials to any other person or store it in a manner that would reasonably allow another person or entity to obtain access to it. You must not keep your pin and/or password at a location where it is capable of being copied or used by any other person. BSNL shall not be responsible if your password is copied and used for accessing BSNL Wi-Fi services. No amount shall be refunded due to loss of card or password /credentials.
16.4 BSNL is entitled to rely on the information provided by you during the online purchase of a voucher by using a credit card /debit card/net banking/e-wallet/digital payment etc. BSNL cannot and does not verify that the person who has purchased the card online is the owner of that credit card /debit card/net banking/e-wallet/digital payment etc., which he/she used to buy the voucher.
16.5 You must immediately notify BSNL if you become aware that your User account details and password is known by a third party or of any unauthorised use of your password. In the event of such notification and verification, if any, please reinstall the App.
16.6 You understand that BSNL will use commercially reasonable efforts to secure the Service and the system in its control that are used to access the Service; however BSNL cannot guarantee the effectiveness or availability of the Service. However, the internet is sometimes unreliable and is a difficult medium to secure and that wireless communications can be intercepted by technology designed and intended for that purpose. BSNL therefore does not guarantee the absolute security of BSNL Wi-Fi or the systems (including the internet, your hardware and software) used to access BSNL Wi-Fi, or any information that passes through such systems. BSNL will not be liable to you or any other party for any lack of security or any loss, damage and injury that may result from your or any other party’s use of the Service.
17.1 These terms and conditions constitute a record of the agreement between you and BSNL in relation to your use of the Service. Unless otherwise specifically stated these terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and BSNL in respect of your use of the Service. These general terms and conditions are in addition to and are to be read in conjunction with any special terms and conditions that may be applicable to services availed by you.
17.2 The User recognizes that in the course of the transactions envisaged by this Agreement, You may be privy to certain confidential information (whether or not the information is marked or designated as “confidential” or “proprietary”) relating to BSNL and such Persons who the User connects, interacts with or views on the App including the Intellectual Property, legal, financial, technical, commercial, marketing and business related records, data, documents, reports, etc., User Content, the terms of this Agreement, the details of the negotiations between the Parties (“Confidential Information”). Save as otherwise provided under this Agreement, the Confidential Information shall not be disclosed to any third party and the User shall at all times be under the responsibility to maintain the Confidential Information in utmost strict confidence.
17.3 Survival: Any clause that by its nature should survive termination of this Agreement shall continue to remain in effect even after the termination of this Agreement including but not limited to Consequences of Termination, Intellectual Property Rights, Indemnification ,Disclaimer of Warranties, Limitation of Liability and these general Miscellaneous Provisions.
17.4 BSNL may at any time modify any relevant terms and conditions, policies or notices. You acknowledge and affirm that by using the Service from time to time, you shall become bound to the current version of the relevant terms and conditions, policies or notices and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible at all times for reviewing the then current version each time you use the Service.
17.5 No indulgence or extension of time granted by BSNL shall constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of BSNL in terms hereof, save in the event or to the extent that BSNL has signed a written document expressly waiving or limiting such rights.
17.6 BSNL shall be entitled to code, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
17.7 In the event of a direct inconsistency, except as otherwise expressly stated in any of the foregoing, the Terms will control. You do not have the authority to vary, alter or amend any of the provisions of the Terms or the Policies as mentioned herein.
17.8 You agree that BSNL may change the provisions of the Agreement from time to time, and agree that electronic notices to you will be considered given and effective on the date such notices are uploaded to the BSNL website. The change(s) shall become binding on you from the date of their posting as aforesaid and no further notice to be given shall be required by BSNL.
17.9 All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. In the event any provision of these terms and conditions, policies and notices is determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable such provision shall be deemed to have been deleted from these terms and conditions, policies and notices, while the remaining provisions shall remain in full force and effect. BSNL’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither shall the course of conduct between the parties nor trade practice shall act to modify any provision of these terms and conditions, policies and notices.
17.10 This Agreement shall be governed by and construed in accordance with the laws of India without giving effect to any principles of conflict of law.
If you have any questions, comments or concerns arising from the Service or the App, the Data Privacy Policy or any other relevant terms and conditions, policies and notices or the way in which BSNL is handling your personal information please contact at wifioffloadbgl@gmail.com.
BSNL reserves the right to change, modify or update the Terms of Use at any time without notice.
By clicking on the Proceed button above you will be deemed to have read, understood, accepted and agreed to being bound by the foregoing terms and conditions of use.