AdPay Mobile Payment India Pvt Ltd ('AEROVOYCE') and you ('you' or the 'Subscriber'), mutually agree to the following terms and conditions
1. a. Charges shall include, fees, charges and rates chargeable by AEROVOYCE for providing you the services and additional services, wherever applicable. b. SIM Card shall mean Subscriber Identification Module Card, bearing a cellular phone number for use with the equipment/handset to enable access to the Network in order to avail of the Services. c. Service or Services shall mean cellular mobile telephony service and includes any value added service.
2. You can utilise AEROVOYCE Prepaid Recharges ('AVPR') (i.e. plan vouchers, top up vouchers, recharge slips, e-Top Ups, special tariff vouchers, etc) that may be available from time to time, on the terms & conditions as per this agreement & mentioned on/applicable for the respective AVPR for recharging/extending validity of the SIM Card. AEROVOYCE reserves the right to refuse such recharging/validity extension of a SIM Card at its discretion. The AVPRs will be available in different denominations (which will be inclusive of taxes, processing/access fee and talk time), as may be decided by AEROVOYCE.
3. The break-up of the charges payable/paid by you & the validity period for this agreement are set out on the AEROVOYCE Prepaid SIM pack & each AVPR or as notified from time to time by AEROVOYCE. The charges are non-refundable in any circumstances whatsoever & are inclusive of service tax and other taxes, if any, payable.
4. Any increase/addition/introduction in taxes and/or levy of any taxes, levies, duties or any other statutory charges etc (present/future) shall be to your account without any notice to you and shall at all times be deemed to be part of tariff.
5. Talktime charges will be as per the prevailing tariff applicable for the Service at the time of usage of the Service. AEROVOYCE reserves the right to change the tariff, validity or any other terms and conditions applicable on the SIM Card/Service at any time, at its sole discretion within regulatory guidelines.
6. a. The Service is valid from the date of first call. In case of refilling the Service, the validity period shall be computed from the date of that refill. b. If Service is refilled before the expiry of the validity period or within the grace period for carry forward of residual credit, specifically mentioned on the AEROVOYCE Prepaid SIM Pack (after the expiry of the validity period), any residual credit shall be carried forward to the next validity period and the mobile service number will be held valid. No residual credit will be carried forward and shall lapse if the refill is done after expiry of such grace period for carry forward of residual credit. c. Further, in case the Service is not refilled within the grace period for refilling mentioned on the AEROVOYCE Prepaid SIM Pack (after the expiry of the validity period) or AVPR, the Service stands cancelled and the mobile service number may be allotted to another Subscriber as per discretion of AEROVOYCE.
7. Not all value added services available with AEROVOYCE will be made available to you. AEROVOYCE is entitled to change, vary, add or withdraw any or all value added services and/or to vary the charges/prices of these services at its sole discretion at its sole discretion within regulatory guidelines.
8. The Subscriber shall pay to AEROVOYCE all charges for the Services, including applicable charges for the value added/supplementary Services and other payable charges or levies as published and notified by AEROVOYCE from time to time.
9. a)AEROVOYCE and its authorised representatives reserve the right to seek/verify the particulars provided by the Subscriber /or in any other documents submitted to AEROVOYCE. The Subscriber expressly agrees that activation of the SIM Card shall be subject to verification of the particulars and documents submitted by the Subscriber including tele-verification.
b)Subscriber understands and agrees that: i) he/she shall not hold more than nine connections in his/her individual name in the same telecom service area. ii) If he/she is foreign national (not being a tourist) then Services will be available only during period of validity if his/her visa. iii) If he/she is a foreign tourist then services will be available only during the period of validity of his/her visa or three months from the date of activation of Services whichever is earlier. iv) If he/she is ship personnel deployed on ships while at the shore then Services will be available only during period of valid shore permit.
10. The grant of connection and subscription to the Services is at the sole discretion of AEROVOYCE and AEROVOYCE reserves the right to reject any application, for any reason without any liability whatsoever. The information provided by the Subscriber/gathered by AEROVOYCE shall become AEROVOYCE's property even if the application is rejected.
12. The Subscriber agrees that all the information provided in the Prepaid Customer application form is true and correct and the Subscriber shall be solely responsible and liable if the same is found incorrect. AEROVOYCE reserves the right to cancel the connection and withdraw the service if the information is found to be incorrect at any point of time and the balance amount on the card will not be refunded. The Subscriber also agrees to provide further information as and when demanded by AEROVOYCE, and to comply with all directions, guidelines, instructions etc issued by AEROVOYCE relating to the network, services and any/all matters connected to the services of AEROVOYCE.
13. AEROVOYCE makes no express or implied warranties whatsoever regarding the Service etc, and shall not be liable to you or to any other person (legal/natural) on your behalf. You hereby waive and agree to continue waiving any/all claims for any loss, delays, costs, expenses, fees, judgments, damages, direct, incidental or consequential arising out of any mistakes, omissions, interruptions, delays, errors, defects or other failures with respect to AEROVOYCE or the billing arrangements/IVR system. Privacy of communication is protected so far as permitted by applicable laws. Calls to the customer service centre by the Subscriber may be scrutinised only for the purposes of evaluating the quality of the customer support service. AEROVOYCE will not provide the Subscriber data to third parties with the exception when the data are provided to processor that print and/or dispatch documents to the Subscriber.
14. AEROVOYCE shall not be responsible for any civil or criminal liability incurred by the Subscriber due to any misuse of the Service provided by AEROVOYCE i.e. any acts of commission or omission by the Subscriber.
15. AEROVOYCE shall not be liable for any act of commission or omission of any dealer/retailer/ third party/suppliers/manufacturers/including any agency/company offering any privilege or benefits to Subscriber without specific permission of authority of AEROVOYCE.
16. Service quality, functionality, availability and/or reliability may be effected, and/or AEROVOYCE is entitled to, without any liability whatsoever, to refuse, limit, suspend, vary or disconnect the Service, in whole or in part, at any time, at its sole discretion with respect to one/all Subscribers, without any notice, for any reason which is found reasonable by AEROVOYCE including, but not limited to the following a. Government's rules, regulations, orders, directions, notifications etc including changes thereto, prohibiting and/or suspending the rendering of such services. b. Transmission limitations caused by the topographical, geographical, atmospheric, hydrological and/or mechanical conditions. c.During technical failure/modification/ up-gradation or variation, relocation, repair and/or maintenance of the systems/ equipment. d. To combat potential fraud, sabotage, willful destruction etc e. If Service is used in any manner, which violates any law etc or adversely affects or interferes in any manner, the rendering of Services by AEROVOYCE. f.Any discrepancy/wrong particular(s) provided by the Subscriber in the Prepaid Customer application form. g. Breach of any terms and conditions of this Prepaid Customer application form on the part of the Subscriber. if rendering of Services becomes impossible in view of the problems arising on account of Interconnection between AEROVOYCE and other telecom service providers. i. Any other reason which is found to be reasonable by AEROVOYCE, warranting suspension/disconnection. j. Force Majeure circumstances (i.e. act of God).
17. You shall not use the Service for any unlawful or abusive purpose, or for sending obscene, indecent, threatening, harassing, unsolicited messages, or messages affecting/infringing upon national or social interest, nor create any damage or risk to AEROVOYCE or its network or Subscribers or any other person, natural or legal whomsoever and AEROVOYCE reserves its right to withdraw its Services in such circumstances. Any such infringement or misuse shall under no circumstances be attributed to AEROVOYCE. You shall be solely responsible for all such acts. You hereby agree to indemnify and hold harmless AEROVOYCE and its officials/ representatives against all suits, costs, damages or claims of any kind arising out of any act or omission or misuse of the Service by you or any other person with or without your consent.
18. The Subscriber hereby agrees to indemnify and hold AEROVOYCE harmless against any claim against AEROVOYCE for libel or slander arising out of communications sent or received by the Subscriber on the AEROVOYCE network. The Subscriber shall also indemnify AEROVOYCE for any claim against AEROVOYCE arising out of any infringement or violation of copyright by the Subscriber or by any one else using the mobile connection of the Subscriber.
19. You shall comply with all directions/instructions etc, issued by AEROVOYCE relating to the Network, the Services and any/all matters connected therewith and provide AEROVOYCE all other and further information and co-operation as AEROVOYCE may require from time to time.
20. You must ensure the safekeeping of the SIM Card, original receipt of payment, and any other important document, as these might be required from time to time under different circumstances during interface with AEROVOYCE.
21. In case of a lost/misplaced/stolen etc SIM Card, the entire liability of the lost/misplaced/stolen SIM Card will be borne by you.No credit shall be given on the available balance of the lost/misplaced/stolen Card to you. SIM Card/s and mobile phone service number/s are and shall always be the sole property of AEROVOYCE and shall be returned by you upon termination and/or de-activation or temporary suspension of Services. You shall have no right to the same at any point of time, for any reason whatsoever.
22. You are not entitled to assign/transfer/resell/lease/rent or create any charge/lien on the SIM Card or Service of any nature whatsoever, without prior permission of AEROVOYCE. Any transfer affected in contravention of the express terms contained herein, shall not absolve the Subscriber of his/her primary duty towards AEROVOYCE for usage charges levied against the Subscriber.
23. It shall be the sole responsibility of the Subscriber to ensure that the mobile handset is compatible to the frequency allocated to AEROVOYCE and other respective roaming service providers, for providing the Services in the service area. It is advised that the Subscriber should have a dual band handset.
24. The Service is available in Mumbai Telecom Service Area Both parties shall act strictly according to the direction of a statutory body/authority, State Government or Government of India or any Court etc and as per any applicable statute.
25. The Prepaid Customer application form binds the Subscriber/its heirs/executors/administrators/successors and permitted assigns to the terms & conditions of the Prepaid Customer application form.
26. AEROVOYCE, may at its sole discretion, vary, alter or amend any term(s) and condition(s) for providing the Services due to regulatory, administrative and/or commercial compulsions or for any other reason considered necessary in the interest of business operations. AEROVOYCE shall also have the right to amend this Prepaid application form as this is necessary for the proper provisioning and conduct of the services on in public interest or is mandated by any change in applicable law or regulation or consequent to change in the terms on the license agreement granted to AEROVOYCE.
27. Subscriber needs to avoid port-out to other network in the first year of service to increase the loyalty to the network
28. If any part of this Prepaid Customer application form is held invalid, the remaining provision will remain unaffected and enforceable, except to extent that AEROVOYCE's rights/obligations under the Prepaid Customer application form are materially impaired. The Subscriber represents that he/she has been fully informed about the services provided by AEROVOYCE, its specifications requirements, limitations etc and only there upon signed the Prepaid application form. This Prepaid application form is the complete understanding between the parties hereto and it supersedes all understandings prior to this Prepaid Customer application form, whether oral or written.
29. AEROVOYCE's contractual rights and remedies, as well as those available at law or equity, are independent and cumulative.
30. The Subscriber has fully read/has been explained in vernacular, verbatim the contents of the Prepaid Customer application form and understood the contents thereof and has signed it in token of its consent, with the clear understanding that it is a valid and binding document and can be enforced by in accordance with the law.
31. In case the Subscriber is a company/firm on any subscription is taken in the company/firm, the Prepaid Customer application form shall be duly signed and sealed by its constituted and authorised signatory. The company/firm shall intimate AEROVOYCE, in writing immediately in case of any change in the constituted and authorised signatory.
33. CIBIL (Credit Information Bureau (India) Ltd.) clause: (I) Subject as hereinafter provided in this clause, AEROVOYCE shall preserve the secrecy of all details of financial transactions between the Subscriber and AEROVOYCE to the extent required by general law. Not withstanding the foregoing, the Subscriber hereby authorizes AEROVOYCE to provide information relating to Subscriber's credit facility/ies and or other information to statutory/regulatory authorities Parties, Regulators, Organizations, Bodies, Credit Rating Bureau/Agency as may be deemed necessary at the sole discretion of AEROVOYCE. Further, AEROVOYCE is authorized, without reference to the Subscriber, to comply with any request and demand to furnish any information about the Subscriber from any Authority under the law. The validity, construction and performance of this Prepaid Customer application form shall be governed by and interpreted in accordance with laws of the Republic of India. The Courts of Mumbai shall have exclusive jurisdiction in respect of the subject matter of this Prepaid Customer application form. •This list is as per DoT circular no.842-725/2005-VAS (Pt) dated 7th October, 2009/18th November, 2016. • This list may not be conclusive and is subject to change as per instructions received from DoT from time to time. • For latest and complete list please visit www.aerovoyce.com
Valid documents which can be enclosed For Proof of Identity (All identity proof to have photo)
•Passport • Arms License • Driving License • Election Commission ID card • Ration Card with Photo, for the person whose photo is affixed (Except Mumbai & Maharashtra) • CGHS/ECHS card • Certificate of address having photo issued by MP/MLA/Group-A Gazetted Officer in letter head • Certificate of address with photo from Govt. recognized educational institutions (for students only) • Certificate of photo identity, issued by Village Panchayat head or its equivalent authority (for rural areas) • Income Tax PAN card • Photo Credit card • Address card with Photo issued by Deptt. Of Posts, Govt. of India • Smart card issued by CSD, Defence/Paramilitary • Current Passbook of Post Office/any scheduled bank having Photo • Photo Identity card (of Central Govt./PSU or State Govt./PSU only • Photo Identity Card issued by Govt. recognized educational institutions (for students only) • Caste and Domicile Certificate with photo issued by State Govt. like Assam and other states • Pensioner Card having photo • Freedom Fighter Card having photo • Kissan Passbook having Photo • Aadhaar Card/e-Aadhaar letter downloaded from UIDAI website • Sri Lankan Refugees Identity Card(Applicable in Chennai & Tamil Nadu Service Areas only).
For Proof of Address
•Passport • Arms License • Driving License (Except Mumbai & Maharashtra) • Election Commission ID card • Ration Card with address (Except Mumbai & Maharashtra) • CGHS/ECHS card • Certificate of address having photo issued by MP/MLA/Group-A Gazetted officer in letter head • Certificate of address with photo from Govt. recognized educational institutions (for students only) • Certificate of address issued by Village Panchayat head or its equivalent authority (for rural areas) • Water Bill (not older than last three months) • Telephone Bill of Fixed line (not older than last 3 months) • Electricity Bill (not older than last 3 months) • Income Tax Assessment Order • Vehicle Registration Certificate • Registered Sale/Lease Agreement • Address card with Photo issued by Deptt. Of Posts, Govt. of India • Current Passbook of Post Office/any Scheduled Bank • Photo Identity card having address (of Central Govt./PSU or State Govt./PSU only) • Pensioner's Card with address • Freedom Fighter Card with address • Kissan Passbook with address • Credit Card Statement (not older than last three months) • Cast and Domicile Certificate with Address and photo issued by State Govt. like Assam and other states • Aadhaar Card/e-Aadhaar letter downloaded from UIDAI website • Sri Lankan Refugees Identity Card (Applicable in Chennai & Tamil Nadu Service Areas only).