TERMS AND CONDITIONS

VODAFONE IDEA LIMITED – TERMS & CONDITIONS Mobile Shield:

Smartphone Protection

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

FOR THE PURPOSES OF THESE TERMS AND CONDITIONS, WHEREVER THE CONTEXT SO REQUIRES “YOU” OR “YOUR” SHALL MEAN ANY NATURAL PERSON WHO IS A VALID AND ACTIVE VODAFONE RED PLAN SUBSCRIBER. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING MOBILE SHIELD SMARTPHONE PROTECTION APPLICATION INCLUDING ALL ITS FEATURES (COLLECTIVELY “PRODUCT”) BROUGHT TO YOU BY SHOT FORMATS DIGITAL PRODUCTIONS PRIVATE LIMITED (“Shot Formats”). BY CLICKING “CONTINUE”, “SUBMIT” OR SIMILAR BUTTONS, OR BY CONTINUING TO USE THE PRODUCT, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS (“Terms and Conditions”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE APPLICATION OR THE PRODUCT.

Terms & Conditions

OFFER NAME – MOBILE SHIELD

SHOTFORMATS DIGITAL PRODUCTIONS PRIVATE LIMITED (“Shotformats”) MOBILE APPLICATION – 1st TERMS AND CONDITIONS (“1st T&C / TERMS”)

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THESE 1st T&C shall govern the use by you of the Services (the term “Services” is defined in the GENERAL TERMS AND CONDITONS (collectively “AGREEMENT”).

Your access and use of the Services constitutes your agreement to be bound by these 1st T&anp;C, which establishes a contractual relationship between you and Shotformats. By accepting these terms and conditions you acknowledge that we have received your wilful consent that after you have read and understood these Terms and Conditions in an accurate manner and shall not hold us or any of our associated partners liable for any reason in any manner whatsoever.

1. Device Test In the process of providing the Services, your Device will be tested without prejudice. You hereby agree that Shotformats shall not be liable in any manner whatsoever for any damage to your Device as a result of the said testing. Device Test would need to use Vodafone Mobile Data and you hereby accord your consent for the same by accepting these Terms & Conditions. Further, during the Device Test, Shotformats will/may take information relating to the Device health/condition, store the said information, share the said information and you agree that in any circumstance you shall not hold Shotformats liable for the same or any consequences thereof in any manner whatsoever.

2. Negative Result of Test or Device Age Shotformats shall not be liable in any manner whatsoever, if the testing results are negative because of the reason of your device being faulty and you hereby agree that you shall not pursue any legal process or action against Shotformats for the same. Further, you shall hold Shotformats harmless and Shotformats shall not be liable in any manner whatsoever, if the Device Test is negative as a result of any error including but not limited to technological error. In case of incorrect information all benefits shall become invalid, ineffective, null and void.

3. User Accounts In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain Smartphone Protection Account registration requires you to submit to Shotformats certain personal information, such as your name, address, mobile phone number, device details etc. which will be entered by you when the test is done or may prior to device test. You can change the entered information in the App post registration maximum within 72 hours from 1st app launch. You agree to maintain accurate, complete, and up–to–date information in your Account. Your failure to maintain accurate, complete, and up–to –date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Shotformats's termination of these Terms/ Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Shotformats in writing, you may only possess one Smartphone Protection per Device User Requirements and Conduct.

The Service is not available for use by persons under the age of 18 or the age of legal majority in your jurisdiction (if different than 18). You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive Services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Smartphone Protection to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity. You also agree and warrant Shotformats that you will not contract with the Third Party Providers of Shotformats or their associates to obtain any services by passing Shotformats by obtaining such Third Party Service Provider or associate details through Shotformats or the Application of Shotformats.

Text Messaging and Notifications.
By accessing or using the Smartphone Protection, you agree that the Services may send you informational text (SMS) messages and notifications as part of the normal business operation of your use of the Services. You may opt–out of receiving text (SMS) messages from Shotformats at any time by sending an email to “vfclaims@dsspro.in” indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

4. Privacy Please review our Privacy Policy at www.vf.dsspro.in, which also governs your use of the Services, to understand our practices. You acknowledge and agree to the use of your data in accordance with our Privacy Policy.

User Provided Content.
Shotformats may, in Shotformats's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Shotformats through the Services textual, audio, and/or visual content and information, including your device details, personal details or commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Shotformats, you grant Shotformats a worldwide, perpetual, irrevocable, transferrable, royalty–free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Shotformats's business and on third–party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Shotformats the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Shotformats's use of the User Content as permitted herein will infringe, misappropriate or violate any third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Shotformats in its sole discretion, whether or not such material may be protected by law. Shotformats may, but shall not be obligated to, review, monitor, or remove User Content, at Shotformats's sole discretion and at any time and for any reason, without notice to you.

5. Payment You will have to pay the costs for the Smartphone Protection under the Services provided to you by Shotformats (where ever applicable). If chargeable, you understand that use of the Services may result in charges to you for the services you receive from Vodafone/Third Party Provider (“Charges”). Charges for the Services shall be collected from you/the customer on a monthly basis, for a period of 12 (Twelve) months from registration. The said Charges will be added in your/ customer's bill for a period of 12 (Twelve) months. However, during the subscription period, in case you/the customer registers a claim for your/ his smartphone; the balance Charges due will be collectively billed in the subsequent month of registering the claim, applicable if the service is chargeable.

E.g. In the 3rd month of the subscription, you/ the customer registers a claim; you/he will be collectively charged the balance 9 (Nine) month's subscription fee in your/his next bill. After this, your/his subscription continues for the next 9 (Nine) months, but you/he does not have to pay any further Charges.

Taxes will be applicable where required by law. Charges paid by you/ the customer are final and non–refundable.

In addition to the above charges, Vodafone may or may not charge you further (i.e. cost could be subsidized or provided free) depending on what plan you have availed of Vodafone and the same shall be subject to Vodafone's terms and conditions.

If the subscription is on charged basis, Shotformats/ Vodafone, as the case may be, may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.

This payment structure is intended to fully compensate Shotformats for the Services.

6. Indemnification You shall defend, indemnify and hold harmless Shotformats, its associated partners and their respective affiliates, officers, directors, employees, agents, successors and assigns from and against any and all third party claims, losses, damages, expenses, liabilities, costs, penalties, judgments, etc. including legal fees and expenses, arising out of or in connection with your use of the said Services or the User Content or breach of any representation or warranty or obligations or terms and conditions on your part under these Terms/ the Agreement. The obligations set out in this Indemnification clause shall survive the termination or expiry of this Terms/ Agreement.

7. Utilities You agree that Shotformats is providing only Smartphone Protection with complimentary/ free insurance thereof and the Utilities are provided by it associated partners. You hereby agree that Shotformats shall not be liable in any matter whatsoever for the Utilities provided by its associated partners.

8. Claim In case of chargeable services, during the subscription period, as soon as a claim is registered by you/the customer for your/ his smartphone; the total balance Charges due will be collectively billed in the subsequent month of registering the claim or on immediate basis depending upon the case as may be.
E.g. In the 3rd month of the subscription, you/ the customer registers a claim; you/he will be collectively charged the balance 9 (Nine) month's subscription fee in your/his next bill. After this, your/his subscription continues for the next 9 (Nine) months, but you/he does not have to pay any further Charges.
In any case, while registering a claim, you/the customer will have to make your own contribution of Rs. 500 or 10% of the total repair costs, whichever is higher.
No claim will be processed unless

You hereby agree that you shall not have any claims against Shotformats or its associated partners and shall not hold Shotformats or any of its associated partners in any manner whatsoever for any reason, irrespective of the final outcome of your claim, whether being charged for the service or subsidized or offered complimentary either by Shotformats or Vodafone.

9. Breach You understand and acknowledge that Shotformats, in its sole discretion, may pursue legal and equitable relief against you if you breach or threaten to breach these 1st T&C and/or the General Terms and Conditions/ the Agreement or in any manner cheat or commit fraud against Shotformats or associated partners and their respective affiliates, officers, directors, employees, agents

10. Others If the feature of the Device was always damaged or faulty, you can't claim your complimentary Insurance for that damage.

11. Out of Scope Following brand devices are outside the scope of services:
Xolo, Gionee and HTC

SHOTFORMATS DIGITAL PRODUCTIONS PRIVATE LIMITED MOBILE APPLICATION – Mobile Shield: Smartphone Protection GENERAL TERMS & CONDITIONS

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

BY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT WE HAVE HEREBY RECEIVED YOUR WILFUL CONSENT TOWARDS 1st TERMS & CONDITIONS (“TERMS”) ALONG WITH THESE ADDITIONAL TERMS & CONDITIONS (COLLECTIVELY “AGREEMENT”) AND THAT YOU HAVE READ AND FULLY UNDERSTOOD ALL THESE TERMS AND CONDITIONS/ AGREEMENT IN ACCURATE MANNER AND SHALL NOT HOLD US OR ANY OF OUR ASSOCIATED PARTNERS LIABLE OR RESPONSIBLE FOR ANY REASON IN ANY MANNER WHATSOEVER. YOU ALSO HEREBY GIVE YOUR WILFUL CONSENT TO US RELATED TO ISSUE CERTIFICATE POST SUCCESSFUL REGISTRATION FOR Smartphone Protection ALONG WITH COMPLIMENTARY INSURANCE (INSURANCE HANDOUT ISSUED BY INSURER).

1. Contractual Relationship

2. The Services

3. Disclaimers; Limitation of Liability; Indemnity

4. Privacy
Please review our Privacy Policy at www.vf.dsspro.in, which also governs your use of the Services, to understand our practices. You acknowledge and agree to the use of your data in accordance with our Privacy Policy.

5. Governing Law; Arbitration

6. Other Miscellaneous Provisions

The Terms and/ the Agreement constitutes the entire agreement and understanding of the Parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In the Terms and/ the Agreement, the words “including” and “include” mean “including, but not limited to.”