Terms and Conditions

1. SCOPE

• MHere Pro ("App") is a mobile application provided by Jio Platforms Limited and/or its affiliates ("Company", "we," "us" and "our") located at 101, Saffron, Near Centre Point, Panchwati 5 Rasta, Ambawadi, Ahmedabad.
• The App is a location tracking and facial recognition application, which tracks your geo-location and undertakes facial recognition in order to enable your enterprise/employer, being any person, company, limited liability partnership firm, partnership firm, registered society, trust and/or association of persons ("Enterprise") to monitor your attendance ("Services"). Your ("you", "your" or "user") use of the App is subject to these Terms and Conditions ("Terms").
• By downloading and installing App on your device including but not limited to Jio Phone and/or Smart Phone (whether Android and/or iOS) ("Device") and clicking the "I Agree" button, you acknowledge that you have read, understood and accepted these Terms.
• Your use of the App is subject to your continued consent in enabling tracking of your geo-location using data collected by your Device and the network carrier, such that the tracking is enabled at all times, including when you do not open and use the App (collectively "Location Data").
• These Terms should be read in consonance with (i) the privacy policy and terms of use of your Device; and (ii) your enterprise's terms and conditions and privacy policy.
• These Terms are an electronic record in terms of the Information Technology Act, 2000 (as amended / re-enacted) ("IT Act") and rules thereunder, and is published in accordance with the provisions of Rule 3 (1) of Information Technology (Intermediaries Guidelines and Digital Media Ethics code) Rules, 2023, which mandates for publishing of rules and regulations, privacy policy and terms of use for access or usage of App. This electronic record is generated by a computer system and does not require any physical or digital signatures.
• If you do not agree to be bound by the Terms please do not access the App or avail any Services provided through the App.

2. EXPRESS CONSENT TO DEVICE AND NETWORK CARRIER

• You acknowledge, agree and hereby expressly consent to the Device and the network carrier sharing your Location Data to the App and for the App to use the Location Data to provide Services, share data with the Enterprise and to help improve the design, functionality, performance, and content of the App, at all times, including when you do not open and use the App, and you hereby permit the App in relaying your express consent to the Device and the network carrier.
• You acknowledge and agree that your afore-stated consent as granted to the network carrier through the App is valid and written consent provided by you to the network carrier for the afore-stated purposes.
• You are obligated to uninstall the App in the event you intend to withdraw your consent for any continuing disclosure of the Location Data to the App and any failure to do so will be treated as continuance of your consent for the App to receive and use the Location Data for provision of Services.

3. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

• Please note that your use of App or Services on your Device and download thereof from Google Play Store or Apple App Store or Jio Store may be subject to the respective privacy policies and terms and conditions as may be published and/or made available by the Device and Google Play Store or Apple App Store or Jio Store.

4. MODIFICATIONS

• Modifications of the Terms: The Company reserves the right to change the Terms under which the Services are offered, including but not limited to the charges, if any, associated with the use of the Services. The Terms may be further modified based on changes in the business, legal and regulatory requirements and will be updated online. We will communicate any changes to these Terms to you. You are encouraged to periodically visit this page to review these Terms and any changes to it.
• Modification of Services: The Company reserves the right to add, modify or delete any content or features available in the Services at any time at its sole discretion.

5. USE LIMITATION

• Services offered by the App are intended solely for the purpose of holistic monitoring of attendance of resources and their location. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or Services obtained from the App.

6. ACCEPTABLE USE RESTRICTIONS

• You agree:
  (a) not to use the App or any Device in connection with the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
  (b) not to use the App to record, post or transmit any Information that is protected by copyright, trade mark, confidentiality or any other proprietary right without the consent of the owner;
  (c) not to use the App to record, post or transmit any Information that is defamatory, threatening, abusive, offensive, obscene, indecent, pornographic, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or is otherwise objectionable;
  (d) not to use the App in a way that could damage, disable, overburden, impair or compromise our systems or security, interfere with other users, or restrict or inhibit any other users from using the App (including by hacking or defacing the App);
  (e) not to create a database by downloading and storing any content made available via the App, the Documents or any Services; and
  (f) not to collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service, including, without limitation, by using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather the App or Document content or reproduce or circumvent the navigational structure or presentation of the App without our prior written consent.
• You shall not host, display, upload, modify, publish, transmit, update or share any information which:
  • Belongs to another person and to which you do not have any right to;
  • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act 1986;
  • Is misleading in any way;
  • Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • Harassing or advocates harassment of another person;
  • Involves the transmission of "junk mail", "chained letters", or unsolicited mass mailing or "spamming";
  • Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • Infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, rights of privacy or rights of publicity);
  • Promotes an illegal or unauthorized copy of another person's copyrighted work;
  • Provides instructional information about illegal activities such as making and/or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • Solicits gambling or engages in any gambling activity which we in our sole discretion believe is or could be construed to be as illegal;
  • Harms minors in any way;
  • Violates any law for the time being in force;
  • Impersonates another person;
  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  • 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 cognizable offense or prevents investigation of any offense or is insulting any other nation.

7. ENTERPRISE USAGE

• In order to use the Services through the App, your Enterprise availing this App for the purposes of use by you, is required to sign up for an administrator account ("Administrator Account") subject to such commercial terms and Employee Account limitations as may be specified by the Company, and updated and/or modified by the Company from time to time.
• The Administrator Account, upon being successfully created, shall be used by the enterprise to open or create such employee accounts as may be availed by the Enterprise (each an "Employee Account").
• The Employee Accounts created shall be non-transferable and meant for such use as may be authorized by your Enterprise. Notwithstanding the foregoing but without prejudice to the absolute obligation of the Enterprise to ensure compliance, the use of the App by the Enterprise, including its employees, shall be strictly for the purposes of internal business use of the Enterprise and shall, at all times, be in accordance with such terms and conditions, including limitations, as may be prescribed by the Company from time to time.
• The Enterprise shall be solely responsible and liable at all times in identifying the mobile numbers assigned to an Employee Account and in ensuring that the employee so named is in fact availing and using the said mobile number and Device at all times. The Company assumes no responsibility or liability for any use of the Device by any person other than the employee named per the relevant Employee Account.
• It shall be the sole responsibility and liability of the employee to whom the Device is assigned to ensure that any usage of the Device and App is authorised and such usage is with full consent and compliance of all terms as contemplated herein.
• You hereby acknowledge and agree that your use of the Services is subject to your Enterprise providing us with accurate, complete, and updated registration information about you and authenticating you.

8. LIABILITY DISCLAIMER

• THE COMPANY AND/OR ITS RESPECTIVE AFFILIATES MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE AND SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE AND SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
• YOU SPECIFICALLY AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APP. YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL SERVICES OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY SERVICES SENT USING AND/OR INCLUDED IN THE APP BY ANY THIRD PARTY.
• IN NO EVENT SHALL THE COMPANY AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR OR IN RELATION TO LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APP, WITH THE DELAY OR INABILITY TO USE THE APP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE AND SERVICES OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

9. USER NAMES AND PASSWORDS

• You may be required to register in order to access certain services (including any Services) or areas of the App, such as the premium services. With respect to any such registration, you may not use (and we may refuse to grant you) any user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of another person; that is offensive or that we reject for any other valid reason in our discretion. You are responsible for maintaining the confidentiality of any password you use to access the App and you agree not to transfer such passwords or user names or lend or otherwise transfer your use or access to the App to any third party. You agree to notify us of any unauthorized use of your passwords or user names or any other breach of security related to your account of which you become aware. You are fully responsible for all use of the App and any Services that occur in connection with your user name, except to the extent that any unauthorized use is not caused by any breach of your obligations under these Terms.
• In addition, you should ensure that your Device is protected by a suitable PIN number or password so that if lost or stolen any Information cannot be used or accessed.

10. INTELLECTUAL PROPERTY RIGHTS

• The Company or all the right holders in/of the App and/or the Device, as the case may be, own title, interest and rights, including all related intellectual property rights, in/of the App and/or the Device and the user acknowledges that such ownership shall include all intellectual property rights arising from any suggestions, enhancement requests, recommendations or other information provided by the user, whether in the course of use of the App, Device or otherwise.

11. AVAILABILITY

• 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 our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using the App. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the App or any Services, and for paying any data charges that may be charged to you by your network provider in connection with your use of the App.

12. TERMINATION/ACCESS RESTRICTION

• In case a user is found using unfair means to use the Services provided in the App, the Company reserves the right to blacklist, disable and terminate that user from further using the App or its Services.
• If the Company disables access to your account in accordance with the Terms (for example if you violate any applicable terms), you may be prevented from accessing the App, your account details and/or any files and/or other Services that is stored with your account.
• The Company reserves the right, at its sole discretion, to terminate your access to any or all Services of the App and the related Services or any portion thereof at any time, without notice.
• The Company prohibits use of any abusive or inappropriate language and behavior, whether towards Company personnel or users of the App. The Company may at its sole discretion initiate all necessary legal action including termination of the account of any user indulging in the aforementioned acts.

13. EVENTS OUTSIDE OUR CONTROL

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including any failure of public or private telecommunications networks.

14. DISPUTE RESOLUTION

• All disputes shall be governed under the laws of India and are subject to the jurisdiction of the Courts of Mumbai only.

15. CONTACT DETAILS

Address: Building 4, Reliance Corporate Park, Ghansoli, Thane Belapur Road, Navi Mumbai - 400701

Email: Getit@ril.com

Website: mattendance.jio.com