Last modified: November 01, 2018

These Terms of Use and Privacy Policy (together, this Agreement) set out the basis upon which Pakistan Mobile Communications Ltd. located in Pakistan (JAZZ, we and/or related terms such as us and our) agree to provide JAZZ DRIVE platform and related products and services (together, JAZZ DRIVE) to a user (you and/or related terms such as your).

1. These Terms of Use

1.1 If you do not agree to these Terms of Use and the rest of this Agreement you cannot use Jazz Drive. This Agreement will form a binding legal contract between you and us.

1.2 We may change the terms of this Agreement from time to time. If you do not agree to the change, you must discontinue your use of Jazz Drive. Your continued use of Jazz Drive will constitute your acceptance of the change.

1.3 We may (but do not promise that we will) offer additional or amended elements of Jazz Drive from time to time. Depending on the additional or amended element you may not be able to continue to use Jazz Drive until you have downloaded an update and/or accepted any new or revised terms of this Agreement.

1.4 You must be, or must obtain the permission of, the owner of the device on which you download and access JAZZ DRIVE. You are responsible for your use of JAZZ DRIVE on or in relation to any device.

1.5 Certain functionality we offer within JAZZ DRIVE may be subject to additional terms and conditions (Product Terms) which will be made available to you from the relevant functionality. In the event of any conflict or inconsistency between any such Product Terms and this Agreement, the relevant Product Terms shall take precedence.

2. Registration and Account

2.1 In order to use JAZZ DRIVE you must register an account with JAZZ DRIVE. For this, You must be:

(a) at least eighteen (18) years or greater age required to register for and use JAZZ DRIVE or related Services. If you are not old enough to have legal authority to agree to these Terms of Use, your parent or guardian must agree to our Terms of Use on your behalf; and
(b) an individual, not a company or commercial entity, and a non-business user.

If you do not comply with these requirements you cannot register for or use JAZZ DRIVE. You may only register for and hold one account.

2.2 Registering requires you to give us certain information about you, at the point of registration and/or later if requested

2.3 You promise that the information which you provide to us in connection with your registration and account (Your Data) is truthful, accurate and complete. You must keep Your Data in your account updated.

2.4 Your Data and other information which we receive or generate in connection with JAZZ DRIVE may contain information about living individuals (Personal Data). We will use Personal Data in accordance with the Privacy Policy. It is important that you read the Privacy Policy before you register as it governs what we may do with your Personal Data.

2.5 Your account is personal to you and your account and ability to access and use JAZZ DRIVE may not be transferred to, or used by, anyone else. As part of the registration process you must select a password and user ID (Passwords) to allow you to access your account and use JAZZ DRIVE. You must keep your Passwords secure. If you think that your Passwords may have been disclosed to someone else you must info@jazzdrive.com.pk. If you delay in telling us or you are at fault in not protecting your Passwords you will be liable for any misuse or losses which arise.

2.6 Subject always to your compliance with the terms of this Agreement, JAZZ permits you to use JAZZ DRIVE provided that:

(a) your use of JAZZ DRIVE is solely for your own personal use and you therefore must not attempt to resell or charge others for use of or access to JAZZ DRIVE or use it for any business purposes; and
(b) you must not, nor attempt to replicate, transfer, give access to or re-distribute any part of JAZZ DRIVE by any means or in any media.

2.7 We shall close your account if it is unable to pay for a period of one (01) month and terminate this Agreement after intimation.

2.8 Including when required by law or by our partners, we may require you to provide evidence of government-issued photo or other ID in an approved form and reserve the right to suspend or terminate your account and/or your use of JAZZ DRIVE if such ID is not provided to our reasonable satisfaction. You must co-operate with and pass all other identification, anti-money laundering, fraud-protection or security checks which we or our partners may operate.

3. JAZZ DRIVE Service

3.1 JAZZ DRIVE is provided to you on an as is and as available basis only. From time to time we may modify JAZZ DRIVE automatically and without notice.

3.2 You must comply with all the terms of this Agreement and applicable laws when using JAZZ DRIVE.

3.3 You are responsible for your use of JAZZ DRIVE including content (Such as: Images, Videos, Contacts, Documents Social Media content etc.) which you post, submit or send to JAZZ DRIVE (Your Content). Your Content must at all times comply with the usage policy for JAZZ DRIVE set out in Clause 5.1 below (the Usage Policy).

4. Usage Rights:

4.1 You always retain ownership of Your Content but:
(a) by posting, submitting or sending Your Content to JAZZ DRIVE you grant us (and our contractors and suppliers) a license at no cost to, and to permit our contractors and suppliers to, disclose the data to law enforcement agencies and any other authorized officers authorized by Pakistan Telecommunication Authority (PTA) under applicable laws, if required.
subject where relevant to the Privacy Policy and your account settings.

4.2 Decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software in JAZZ DRIVE into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited except to the extent permitted by law.

4.3JAZZ reserves to itself and Partner . all rights in and to JAZZ DRIVE not expressly granted to you in this Agreement.

4.4 The JAZZ DRIVE name and trade marks (including all related branding, logos and domain names) are the sole and exclusive property of JAZZ.

4.5 Anyone who believes that their intellectual property or related rights are infringed by any content on the JAZZ DRIVE should contact us and provide the Partner with all relevant information in writing including:
(a) Identification of the content which is claimed to be infringed and its location on JAZZ DRIVE;
(b) Which rights are claimed to be infringed by that content; and
(c) The complainant's full contact details (including physical address, telephone number, and email address).
Without prejudice to the legal rights, further information and actions may be requested before steps can be taken by Partner.

4.6We reserve the right to suspend or cancel your access to JAZZ DRIVE any time in our absolute discretion.

5. Usage Policy:

5.1 You agree that at all times:

(a) Your Content shall not:
(i) be pornographic or obscene, or contain sexually explicit content or child pornography;
(ii) Defame or denigrate, nor impersonate or misrepresent, other persons;
(iii) Infringe privacy, applicable law or rights of publicity or confidentiality;
(iv) Incite racial or religious hatred;
(v) Threaten, harass, intimidate or incite violence against any individual or group;
(vi) be unlawful or encourage unlawful activity including use or sale of prohibited drugs, terrorism or crime; or
(vii) Advertise or promote business, political or religious activities;
(viii) contain any material which may breach or cause to breach national security or national integrity;

(b) You should not, nor attempt to interfere with or disrupt the operation of JAZZ DRIVE and must notify us immediately of any breach of security or unauthorized use of JAZZ DRIVE of which you become aware; and

(c) You shall not, nor attempt to, use JAZZ DRIVE or any third party service accessible via JAZZ DRIVE:

(i) in any manner which is unlawful or inconsistent with this Agreement or fraudulent, malicious, illegal, or in breach of applicable law, including by hacking or inserting a virus, worm, malicious code or harmful data into JAZZ DRIVE, or could otherwise threaten or compromise the security or integrity of our systems;
(ii) Through any automated means or in any manner that could damage, disable, impair or seek to obtain unauthorized access to our systems or interfere with other users;
(iii) To collect, scrape or harvest information or data from any user or our systems or attempt to interfere with transmissions to or from the servers running JAZZ DRIVE;
(iv) For any commercial or business activity including to send spam or other unsolicited or bulk communications or any form of commercial communications or marketing; or
(v) To make unauthorized use, copies or distribution of content obtained via JAZZ DRIVE or to transmit counterfeit or pirated material nor otherwise infringe the intellectual property or related rights of JAZZ or any third party. YOUR COMPLIANCE WITH THE ABOVE IS AN IMPORTANT LEGAL OBLIGATION AND YOU SHOULD CONSIDER IT CAREFULLY. If you have any questions about the above please contact us.
(vi) You may not upload data exceeding 1 TB in size to the JAZZ DRIVE. Any attempt to upload data exceeding this limit may result in termination of your access to the JAZZ DRIVE.

5.2 If you breach Clause 5.1 above you will be in breach of this Agreement and in addition to our rights of termination of this Agreement under Clause 7 below:

(a) We may take legal action against you; and

(b) You may have additional legal liability, not just to us, but also to other users, the providers of Content displayed in Official Accounts and other third parties (together, the Additional Parties) who may also take action against you.
You will indemnify Jazz, will be liable to damages and you also agree to compensate the Additional Parties for any loss or damage that we or the Additional Parties may suffer arising out of your breach of Clause 5.1 and for any other breach of this Agreement, improper use of JAZZ DRIVE and/or breach of any law or the rights of a third party from your account.

5.3 We shall determine compliance with the Usage Policy at our sole discretion, acting reasonably. We may (but do not promise that we will) disable and/or delete Your Content which we believe not to be in compliance while we consider any potential breach.

5.4 We may (but do not promise that we will) use technical means to enforce the Usage Policy.

5.5 Anyone who believes that material or activity on JAZZ DRIVE breaches the Usage Policy should contact us and provide us with all relevant information in writing including:

(a) Identification of the material or activity which is claimed to be in breach of the Usage Policy and its location or occurrence on JAZZ DRIVE;
(b) How and why it is claimed to breach the Usage Policy; and
(c) The complainant's full contact details (including physical address, telephone number, and email address).
Without prejudice to our legal rights, further information and actions may be requested before steps can be taken by JAZZ.

6. Feedback:

6.1 “Feedback” shall mean any input regarding our products and/or services (including JAZZ DRIVE), including changes or suggested changes to our current or future products and/or services.

6.2 All Feedback provided by you shall not be considered confidential information and shall be received and treated by us on a non-confidential and unrestricted basis.

6.3 You agree that JAZZ and partner. shall have and retain all ownership and intellectual property rights (including all derivatives or improvements thereof) in and to any Feedback provided by you or any other party, and acknowledge that we may use the Feedback for any purpose, including but not limited to incorporation or implementation of such Feedback into a JAZZ product or service, and to display, market, sublicense and distribute such Feedback as incorporated or embedded in any product or service distributed or offered by us.

7. Termination and Suspension:

7.1 Subject always to Clause 7.3, you may terminate this Agreement at any time by cancelling your subscription to your account by immediate notice provided to us in accordance with Clause 10.2 or using any specific termination option in JAZZ DRIVE that we may make available.

7.2 Subject always to Clause 2.7, we may terminate this Agreement on immediate notice provided to you in accordance with Clause 10.2 if:
(a) You are in material or persistent breach of any provision of this Agreement;
(b) We intend to cease providing JAZZ DRIVE (in whole or in part).

7.3 Termination of this Agreement:
(a) Will mean that you will no longer be able to access and use JAZZ DRIVE; and
(b) Will require you to immediately delete or remove JAZZ DRIVE from your device.

7.4 We may at any time suspend with immediate effect the provision to you of all or any element(s) of JAZZ DRIVE in the event that you fail to comply with any provision set out in this Agreement and/or if we otherwise consider it necessary to protect the security and integrity of JAZZ DRIVE or to comply with our legal obligations.

8. Disclaimer of Warranties:

To the extent permitted by applicable law, JAZZ does not make any representations, warranties or guarantees to you regarding Jazz Drive, including, but not limited to, its quality, functionality, availability, accessibility or performance.

Jazz Drive is provided to you on an "as is" and "as available" basis.

Jazz does not assume liability for any inability by you to access or use Jazz Drive. Jazz does not guarantee that you will be able to access or use Jazz Drive at times or locations of your choosing, or that Jazz will have adequate capacity as a whole or in any specific geographic area.

If you are not satisfied with the quality, functionality, availability, accessibility or performance of Jazz Drive, you may cancel your account as set out in clause 7.1 above.

Certain warranties may automatically arise or apply unless these warranties are disclaimed. JAZZ and partner. disclaim and exclude all such warranties whether express, implied or statutory including those that arise from course of dealing or usage of trade, if and to the extent permitted by law.

In jurisdictions that prohibit the disclaimer of implied warranties or the exclusion of certain warranties, JAZZ shall disclaim and exclude warranties to the maximum extent permitted by law.

This clause 8 shall survive the termination of this Agreement.

9. Limitation of Liability:

Liability of Jazz will be limited and it shall not be liable for any claims, proceedings or actions brought or made against the Partner by any third persons pursuant to a contractual relationship with you. The Partner shall be liable for any such claims, breaches, violations etc. and shall fully indemnify PMCL in case of any claims from you or any third party.

In no case shall the aggregate cumulative liability of Partner or its affiliates, licensors, licensees, content providers, distributors and their respective employees, officers, directors, shareholders, contractors, agents, or vendors, (collectively, Partner affiliates) for damages to you arising out of or relating to this Agreement or Jazz Drive exceed USD 100.

Other than as provided above, Jazz, and Jazz affiliates or the Partner will not be liable to you for any loss or damages, including without limitation, any indirect, incidental, special, exemplary, punitive or consequential damages (including but not limited to damages for loss of data or content, infringement of intellectual property or other related rights, damage caused to your software, computer, mobile device or other hardware, data breach and security breach), regardless of the legal theory on which any such damages may be based, including without limitation theories of breach of contract, tort and negligence, and whether or not vimpelcom has been advised of or is aware of the possibility of any such damages.

This clause 9 shall survive the termination of this agreement.

10. Claims of Copyright Infringement:

10.1 Notifications of claimed copyright infringement and counter notices must be sent to our designated copyright agent: info@jazzdrive.com.pk

10.2 We are only able to accept notices in the languages in which we make this Agreement available.

10.3 We will respond expeditiously to claims of copyright infringement that are reported to our designated copyright agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 or, as applicable, other laws.

11. General Terms:

11.1 We reserve the right to discontinue all or any aspect of JAZZ DRIVE at any time.

11.2 Unless otherwise specified, any notices that you are required to give us under this Agreement should be sent to contact@jazzdrive.com.pk We may send any notices that we are required to give you under this Agreement by any of the following methods: posting to your account, email to the email address which you have provided to us and/or placing a notice on JAZZ DRIVE.

11.3 We may transfer our rights and obligations under this Agreement to another organisation, and we will always notify you if this happens, but this will not affect your rights or our obligations under this Agreement. We will wherever possible provide you with prior notice.

11.4 This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.

11.5 Each of the Clauses of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

11.6 We intend to rely upon the written terms set out in this Agreement (as amended in accordance with Clause 1 above) as the entire understanding between us relating to JAZZ DRIVE.

11.7 If we fail to insist that you perform any of your obligations under this Agreement or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have given up our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

11.8 We cannot be responsible for any failure or delay in providing JAZZ DRIVE because of factors which could be considered outside our control such as public communications network performance, congestion and connectivity, the performance of your device and unpredictable events such as adverse weather conditions or technical failures (including as a result of the activity of hackers) or other such events which might disrupt our business despite our reasonable preventative measures and steps to overcome them.

12. Disputes:

12.1 We cannot and do not judge or arbitrate disputes between users of JAZZ DRIVE or between users and third parties. You must settle any disputes directly with other users and third parties. If a user has breached this Agreement with us we may, but do not undertake to, take action in respect of that.

12.2 We will try and solve any problems or disagreements regarding our provision of JAZZ DRIVE quickly and efficiently. If you are not happy with the way we deal with any disagreement you and we may agree to refer the matter to arbitration but you and we are not restricted from bringing court proceedings.