Reliance iCall SERVICE (“the Service”) is provided by the Gateway Systems (India)
Ltd. (GSIL). The Service does not support Windows 98/ME, Macintosh and Linux operating
systems, customers shall check the operating systems of their computer and/or laptop,
etc. (the “system” used for downloading the application software) at the time of
subscription for the Service.
GSIL will take utmost care and caution to ensure that no virus or harmful program
gets downloaded along with the application software. AGSL shall take all measures
to prevent such virus or harmful program getting downloaded along with application
software and GSIL shall always refrain from intentionally resorting to such activities
or encouraging third parties resorting to such activities. Except where it is attributable
to and proved that GSIL is solely responsible for download of any virus or other
program, GSIL otherwise is not responsible for any damage or loss caused by virus
or any harmful program to your system, even though those virus or harmful program
may be caused by downloading the application through this website.
No Warranties:
THE RELIANCE ICALL SOFTWARE IS PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER; RELIANCE
ICALL DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS
OR REPRESENTATIONS WITH RESPECT TO THE RELIANCE ICALL SOFTWARE, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE.
RELIANCE ICALL FURTHER DOES NOT REPRESENT OR WARRANT THAT THE RELIANCE ICALL SOFTWARE
WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE
AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES RELIANCE ICALL WARRANT
ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE
THROUGH THE RELIANCE ICALL SOFTWARE.
Specific Disclaimer Of Liability For Emergency Services:
RELIANCE ICALL DOES NOT PROVIDE CONNECTIONS TO EMERGENCY SERVICES VIA THE RELIANCE
ICALL SOFTWARE. NEITHER RELIANCE ICALL NOR ITS OFFICERS, AGENTS, EMPLOYEES OR AFFILIATES
MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND
ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY
TO USE THE RELIANCE ICALL SOFTWARE TO CONTACT EMERGENCY SERVICES, AND YOUR FAILURE
TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES.
No Liability:
The RELIANCE iCALL software is provided to you free of charge. Accordingly, YOU
ACKNOWLEDGE AND AGREE THAT RELIANCE ICALL, ITS AFFILIATES, ITS LICENSORS AND THE
RELIANCE ICALL EMPLOYEES, OFFICERS OR AGENTS SHALL HAVE NO LIABILITY IN CONNECTION
WITH OR ARISING FROM YOUR USE OF THE RELIANCE ICALL SOFTWARE, AS SET FORTH BELOW.
YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE
RELIANCE ICALL SOFTWARE IS TO IMMEDIATELY UNINSTALL AND CEASE USE OF SUCH RELIANCE
ICALL SOFTWARE.
Limitation of Liability:
IN NO EVENT SHALL RELIANCE ICALL, ITS AFFILIATES, ITS LICENSORS OR THE RELIANCE
ICALL STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR:
-
ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMI TATION ANY
LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNI ARY LOSS)
ARISING OUT OF THE USE OR INABILITY TO USE THE RELIANCE ICALL SOFTWARE; AND
-
ANY LOSS OF INCOME,
BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY
TO USE THE RELIANCE ICALL SOFTWARE;
-
ANY LOSS OR DAMAGE
WHICH MAY BE INCURRED BY YOU AS A RESULT OF;
(a) ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING
THE RELIANCE ICALL SOFTWARE;
(b) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR
BY RELIANCE ICALL FOR ANY REASON; AND
(c) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF
THE RELIANCE ICALL SOFTWARE TO YOU.
(d) THE UNAUTHORISED STORAGE OR MODIFICATION OF YOUR DATA OR TRANSMISSION
THEREOF
-
ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMI TATION ANY LOSS OF OR CORRUPTION
TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNI ARY LOSS) ARISING OUT OF THE USE
OR INABILITY TO USE THE RELIANCE ICALL SOFTWARE; AND
-
ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMI TATION ANY LOSS OF OR CORRUPTION
TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNI ARY LOSS) ARISING OUT OF THE USE
OR INABILITY TO USE THE RELIANCE ICALL SOFTWARE; AND
-
ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMI TATION ANY LOSS OF OR CORRUPTION
TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNI ARY LOSS) ARISING OUT OF THE USE
OR INABILITY TO USE THE RELIANCE ICALL SOFTWARE; AND
-
OTHER ISSUES RELATING
TO THE PRODUCT/SOFTWARE/SERVICE OF THIS WEBSITE EXCEPT THOSE EXPRESSLY PROVIDED
HEREIN.
THE LIMITATIONS ON RELIANCE ICALL’S LIABILITY TO YOU IN PARAGRAPH 1.5 ABOVE SHALL
APPLY WHETHER OR NOT RELIANCE ICALL, ITS AFFILIATES OR THE RELIANCE ICALL STAFF
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
NO EXCLUSION OF LIABILITY
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED
AS EXCLUDING OR RESTRICTING THE LIABILITY OF RELIANCE ICALL FOR (I) THE DEATH OR
PERSONAL INJURY ATTRIBUTABLE TO THE SOLE NEGLIGENCE OF RELIANCE ICALL, THE RELIANCE
ICALL STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED
BY LAW.
Jurisdiction’s Limitations:
As some jurisdictions do not allow some of the exclusions or limitations as set
forth above, some of these exclusions or limitations may not apply to you. In such
event the liability will be limited to the maximum extent possible within the applicable
legislation.