1. USAGE CONDUCT
- You shall solely be responsible for maintaining the necessary computer equipment/gadget and internet connections that may be required to access, use and transact on the Website.
- You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged in this User Agreement.
- Mibattri shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction relating to third-party website/link.
- Mibattri grants you a personal, restricted, non-transferable, non-exclusive and revocable license to use the Website and the Services offered through the Website till the termination of this User Agreement according to the terms and conditions set forth herein. The Services are provided solely for your personal and non-commercial use only ("Restricted Purpose").
- You are permitted access to the Website and the Services solely for the Restricted Purpose and not for any other purpose whatsoever.
2. REPRESENTATIONS, WARRANTIES, AND COVENANTS
- In addition to the representations and warranties mentioned in this User Agreement, You hereby represent and covenant to Mibattri that:
- the Information provide by You to Mibattri from time to time is and shall be authentic, correct, updated and You have all the rights, permissions and consents as may be required to provide such Information to Mibattri .
- You’re providing the Information to Mibattri and Mibattri’s consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, charter documents, judgments, orders and/or decrees.
- You will use the Website and the products for lawful purposes only. By using the Website, You agree to be in full compliance with all the applicable laws, rules, regulations and guidelines.
- You are a duly incorporated, established or registered, resident of India, as the case maybe, holding a permanent account number (PAN) in India.
- You are solely responsible for taking delivery of the products or any inconvenience or delay caused thereto, on account of Your inaccuracy or mistake, including but not limited to You providing Us with a wrong name or identity of Your authorized personnel taking
- delivery of the Products or any other incorrect information. You will indemnify us for any losses incurred as a result of such inaccuracy or mistake.
- You will not interfere with the proper working of the Website, or with any other person's right to use this Website.
- You are accessing this Website voluntarily and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website including in relation to usage of the products.
- You shall be responsible for checking description and other related information before booking the service. By placing a service request you agree to be bound by the service order that may be issued by the dealer/technician duly authorized by us to provide Services through the Website.
3. INTELLECTUAL PROPERTY RIGHTS
- The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the " Content ") on the Website is owned and controlled by Mibattri and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
- The Marks displayed on the Website are the property of Mibattri. You are not permitted to use the Marks of Mibattri , the vendor or the third party that may own the Marks.
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Mibattri owns all intellectual property rights to and into the trademark 'Mibattri', and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
- The Website and all the Content, graphic representations and images are the property of Mibattri. No part of the text, any graphics, images or Content on the Website may be reproduced or transmitted in any form or by any means, electronic, mechanical or otherwise, including by photocopying, facsimile transmission, recording, re-keying or using any information storage and retrieval system without our prior written permission.
4. LIMITATION OF LIABILITY
- Without limiting the foregoing, Mibattri makes no warranty that (i) the website or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the website, services or materials will be effective, accurate or reliable; (iii) the quality of the website, services or other materials will meet your expectations; (iv) or that any errors or defects in the website, services or other materials, including software will be corrected. No advice or information, whether oral or written, obtained by you from Mibattri or through or from use of the services shall create any warranty not expressly stated in this User Agreement.
- You understand and agree that any information, content, data, or other material downloaded or otherwise obtained through or from the services is obtained at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or any loss of data that results from the download of such material or data.
- To the maximum extent permitted by applicable law, Mibattri will have no liability related to your content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Mibattri also disclaims all liability with respect to the misuse, loss, modification or unavailability of any of your content.
- Mibattri will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services or materials, either with or without your knowledge. Mibattri has endeavoured to ensure that all the information on the website is correct, however Mibattri neither warrants nor makes any representation regarding the quality, accuracy or completeness of any data, information, product or service. Mibattri shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Mibattri shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Mibattri’s control. You understand and agree that any material or data downloaded or otherwise obtained through the website is done entirely at your own discretion and risk and you will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or datMibattri is not responsible for any typographical error leading to an invalid coupon. Mibattri accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
- Mibattri may avail services of third party dealers/sub-dealers to provide the necessary hardware, software, networking, storage, and related information technology required to manage and operate the website. Mibattri shall not be liable for any third party product or services. The advertisement available on e-mail or website with respect to the third party website or the products and services are for information purposes only.
- Mibattri does not authenticate any information provided by third parties on the website, unless specifically stated. You must verify the credentials and information provided by other users/third parties.
- The website may contain links to other third party websites which are not under the control of Mibattri. Any third party website you visit by a link from the website is solely the responsibility of the third party providing the website. The content of, including materials and information contained on, any third party website to which you link from the website is solely the responsibility of the provider of that third party website. Any transactions that you enter into with a third party listed in this website or linked from this website are solely between you and that third party. We are not responsible for any such third party content that may be accessed via the website, nor the organizations publishing those third party websites, and hereby disclaim any responsibility and liability for such content. The inclusion of any links does not constitute or imply an endorsement or recommendation by us of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the third party website. To the fullest extent permissible by law, Mibattri , its affiliates, associates and group companies, and their respective directors, key managerial personnel, employees, officers, shareholders, agents, representatives, sub-contractors, consultants and third party providers shall not be liable for any loss and/or damage and/or claims of any kind (whether in contract, tort or breach or statutory duty or otherwise) arising out of or in connection with the website and/or materials and/or user material and/or any connected third party website including without limitation: 1. Indirect or consequential loss; 2. Loss of profits or revenue or savings or other economic loss; 3. Incidental, direct or special loss or similar damages; 4. Loss of or damage to data; 5. Loss of business reputation or goodwill; 6. Wasted or lost management time and/or. 7. Punitive damages even if advised of the possibility of such loss or damage or if such loss or damage was foreseeable.
- Notwithstanding the foregoing, in no event shall Mibattri or its affiliates, associates and group companies' liability to you for any and all losses, damages or claims (whether in contract, tort, breach of statutory duty or otherwise) exceed the amount paid by you, if any, for accessing the website and its services.
- If you are dissatisfied with the website or with this User Agreement, your sole and exclusive remedy is to discontinue accessing and/or using the website.
- By using this online platform, you agree that we shall not be held responsible for any uncontrollable security attacks and in such cases you agree that we shall not be held responsible for any type of financial losses, loss of opportunity, legal cost, business losses, reputation losses, direct and indirect losses that may occur to you as per the provisions of section 43, 43a and 45 of the Act and any other laws of India for the time being in force.
- You further agree that Mibattri’s management shall not be held responsible directly or indirectly for any cyber-crime related liabilities under the act or any other applicable law relating to your information as you have agreed and acknowledged that our top management complies with due diligence requirements of the act including its rules and amendments.
- You also agree and acknowledge that Mibattri’s management shall never be held responsible regarding privacy of your sensitive personal data in case of sharing your sensitive personal data to any authorized cyber investigation agency of appropriate government authorities as required under the Act and its Rules.
- The contents published on the website are subject to changes and/or improvements periodically. During the process of up-gradation, repair, maintenance and/or improvements of contents / systems / programs / software may be suspended for any use. Mibattri shall not be liable for any inconvenience, loss, damage, cost, expenses which may be incurred by anybody due to unavailability of the website for any use. Mibattri cannot be held liable in any event, for any special, punitive, incidental, consequential loss and/or damages (direct and/or indirect) whatsoever including, without limitation, damages for loss of opportunity, business loss, loss of profit, revenue, loss and/or damage to any person and/or property arising out of or in connection with the use of and/or performance of the website, with the delay and/or inability to use the website/services and/or related services, the provision of or failure to provide services, and/or for any information, software, products, services obtained through the website/services, and/or otherwise arising out of the use of the website/services, whether based on contract, tort, negligence, strict liability and/or otherwise, even if Mibattri has been advised of the possibility of damages. Mibattri does not endorse in anyway any advertisers/ contents of advertisers on its web-pages. You shall verify the veracity of all information on your own before undertaking reliance and acting thereupon. Mibattri shall not be responsible and/or liable for any consequential damages arising on account of the user reliance on the contents of the advertisement. Further, Mibattri shall not be responsible in any manner whatsoever for any third party action which results in the information provided by you being exposed, misused and/or by such third party who accessed such information without any authorisation from Mibattri.
- This clause shall survive the termination of this user agreement
- You agree to indemnify, defend and hold harmless Mibattri , including but not limited to its affiliate dealers/sub-dealers, agents and employees from and against any and all direct, indirect, incidental, special or consequential losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Mibattri that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to this User Agreement.
- You agree to hold Mibattri harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Website, any claim that your material caused damage to a third party, your violation of the User Agreement, or Your violation of any rights of another, including any intellectual property rights.
- This clause shall survive the termination of this User Agreement.
6. GEOGRAPHICAL LIMIT
Unless otherwise specified, the Services provided on the Website are solely available within the geographical boundaries of the Republic of India. Mibattri makes no representation that the material on the Website is appropriate or available for use in other countries other than Republic of India.
7. VIOLATION OF THE USER AGREEMENT
- In the event that Mibattri takes any legal action against you as a result of your violation of this User Agreement, Mibattri will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Mibattri.
- Any violation by you of this User Agreement or any additional terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Mibattri, for which monetary damages would be inadequate, and you consent to Mibattri obtaining any injunctive or equitable relief that Mibattri deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Mibattri may have at law or in equity.
8. RESTRICTION / CANCELLATION / TERMINATION
a. In addition, Mibattri may, in its sole discretion, and without prior notice, restrict Your access to the Website, for cause, which includes, but is not limited to:
- Requests by law enforcement and/or other government agencies.
- Discontinuance and/or material modification to the Website and/ or service (or any part thereof).
- Unexpected technical and/or security issues and/or problems.
- Non-payment of any fees owed by you in connection with the use of Website and/ or Services.
- provision of the Services is, in Mibattri 's opinion, no longer commercially viable;
- misrepresentation, default, misconduct or breach of Your obligations related to or under this User Agreement;
- third party reports violation of any of its rights as a result of Your use of the Website and/or Services;
- Mibattri is unable to verify or authenticate any information provided/submitted to Mibattri by You;
- Mibattri has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on Your part;
- Mibattri believes in its sole discretion that Your actions may cause legal liability for You, other - Users or for Mibattri or are contrary to the interests of the Website and the Services; or
- For any other reason.
b. Termination of Your account includes, but is not limited to:
- removal of access to all offerings within the service;
- Barring of further use of the Website and/ or service.
c. All terminations shall be made in Company's sole discretion and that Company shall not be liable to your or any third party for any termination of your account, any associated email address, or access to the Services. Any fees paid hereunder are non-refundable. All provisions of this User Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions and warranty disclaimers.
d. The User Agreement may also be terminated by you by (i) not accessing the Website; or (ii) closing your accounts for all of the Services that You use, where Mibattri has made this option available to You.
e. All terminations shall be made by Mibattri in its sole discretion and that Mibattri shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
f. Notwithstanding the foregoing, this User Agreement will survive indefinitely unless and until Mibattri chooses to terminate them.
g. If you or Mibattri terminates your use of the Website, Mibattri may delete any content or other materials relating to Your use of the Website and Mibattri will have no liability to You or any third party for doing so.
h. Mibattri may preserve content and membership information even after termination and may release any or all preserved content or membership information to governmental agencies, courts, or other third-parties if Mibattri believes, in its sole discretion, that You have or may have committed illegal activities, violated these terms of service, violated the rights of third-parties, impaired in any respect the ability of Mibattri to operate the Service properly, or endangered in any respect Mibattri or third-parties, or in the event that the information is subpoenaed or subject to other judicial or administrative process.
a. By accessing and/or using the Website, You agree that you have read, understood and agree to be legally bound by the terms of this disclaimer, you agree that your access to the Website is at your sole risk and at your free will.
b. The Website and all material therein contained are distributed and transmitted by Mibattri on an "as in" and "as available" basis, without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. The products are under manufacturers' warranty and are only valid with proper bills. Mibattri only warranties the workmanship and absence of any material defects in the Mibattri’s manufactured products.
c. Mibattri and its affiliates, associates and group companies, their respective directors, key managerial personnel, employees, officers, shareholders, agents, representatives, sub- contractors, consultants and third party providers:
- disclaim any and all express or implied representations, warranties and/or conditions of any kind, including but not limited to warranties of completeness, accuracy, reliability, suitability, fitness, merchantability, availability, quality, fitness for any purpose, non-infringement, compatibility and/or security;
- are not responsible or liable for any infection or contamination of Your system or device arising out of or in connection with Your use of the Website or any connected Website and do not warrant that the Website, the server(s) that make the Website available or any connected Websites are free from viruses, trojan horses, worms, software bombs or similar products or processes or other harmful components;
- are not responsible or liable for interruptions, delays, inaccuracies, errors, or omissions arising out of Your use of the Website or any connected Website or with respect to the material and user material thereon; and
- Do not warrant that the Website, or any connected Website, linked microsites, any materials, third party content, services offered will be uninterrupted or error free or accurate or suit your purpose.
- Mibattri does not endorse or recommend any dealer registered or listed on the Website and any search results of the dealer displayed on the Websites should not be construed as and is not intended to be an endorsement or recommendation by Mibattri of any such particular dealer. Mibattri shall not be responsible or liable for any breach of service or service deficiency by any dealer. Mibattri cannot and does not assure nor guarantee the ability or intent of the dealer(s) to fulfil their obligations towards you. It is advisable that You to perform your own investigation prior to selecting a dealer.
- Without prejudicing the generality of any other provision of the User Agreement, Mibattri shall not be liable or responsible for: (i) any type of inconvenience suffered by You due to a failure on the part of the dealer to provide agreed services or to make himself/herself available at the appointed time, inappropriate treatment, or similar difficulties; (ii) any misconduct or inappropriate behaviour by the dealer or the dealer's staff; (iii) cancellation or rescheduling of booked appointment; (iv) any eventualities that might occur subsequent to using the services of a dealer, whom the User has selected or booked through the Website.
- Every effort is made to keep the Website running smoothly. However, Mibattri takes no responsibility for, and will not be liable for, the Website being unavailable due to any reasons.
- The entire risk as to the quality, accuracy, adequacy, completeness, fitness, correctness and validity of any material and use of and access to the Website or any connected Website rests solely with you.
10. FORCE MAJEURE
11. REPORT ABUSE
In the event you come across any abuse or violation of this User Agreement or if you become aware of any objectionable content on the Website, please report to Mibattri customer support/ Grievance officer.
12. USER REVIEWS AND FEEDBACK
- Mibattri may at its sole discretion permit you to provide postings, review and feedback in relation to your experience with respect to using the Website and/or the Services and other related matters ("User Generated Content") and display the same on the Website. You agree and acknowledge that as a user of the Website and the Services, You agree to use prudent, careful and good judgment when providing such User Generated Content.
- Although Mibattri may from time to time monitor or review the User Generated Content on the Website, You agree and acknowledge that Mibattri is under no obligation to do so and assumes no responsibility or liability arising from any such User Generated Content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in such User Generated Content or such User Generated Content infringing any third party intellectual property rights. Mibattri will fully cooperate with any law enforcement authorities or court order requesting or directing Mibattri to disclose the identity of anyone posting any such User Generated Content.
- In the event You post, publish or make available any User Generated Content on the Website in contravention of the terms hereof, then without prejudice to and without limiting or restricting any other right or remedy that Mibattri may have under the terms hereof or under law or in equity, Mibattri reserves the right to (a) terminate Your access to the Website and/or the Services; and/or (b) delete or remove the User Generated Content, in whole or in part, with or without cause and with or without notice, for any reason or no reason. Mibattri may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.
- Any feedback You provide to this Website shall be deemed to be non-confidential. Mibattri shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that:
- Your feedback does not contain confidential or proprietary information of You or of third parties;
- Mibattri is not under any obligation of confidentiality, express or implied, with respect to the feedback;
- Mibattri may have something similar to the feedback already under consideration or in development; and
- You are not entitled to any compensation or reimbursement of any kind from Mibattri for the feedback under any circumstances.
- You hereby expressly agree to receive communications by way of SMS, e-mails and other means from Mibattri relating to services provided through the Website.
- You can unsubscribe/ opt-out from receiving communications from Mibattri through SMS, e-mail and other means anytime in terms of clause 12 under PART I above.
14. GOVERNING LAW AND JURISDICTION
This clause shall survive the termination of this User Agreement.
15. GRIEVANCE OFFICER
- In accordance with Rule 3(11) of Information Technology (Intermediaries Guidelines) Rules, 2011, the name and contact details of the Grievance Officer are provided below:
- All notices of Mibattri will be served by email or by general notification on the Website. Any notice provided to Mibattri pursuant to the User Agreement should be sent to Mibattri customer support at [email protected]
- You cannot assign or otherwise transfer the User Agreement, or any rights granted hereunder to any third party. Mibattri’s rights under the User Agreement are freely transferable by Mibattri to any third parties without the requirement of seeking your consent.
If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the User Agreement shall continue in full force and effect.
Any failure by Mibattri to enforce or exercise any provision of the User Agreement, or any related right, shall not constitute a waiver by Mibattri of that provision or right.
Mibattri may at any time amend these terms and conditions, at its sole discretion, without any prior intimation to anybody. Your continued use of this Website is conditioned on the terms and conditions stated at the time of your use. You shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time and shall be bound by the User Agreement as amended by Mibattri from time to time. Your use of the website and the Services is subject to the most current version of the User Agreement made available on the website at the time of such use. You are requested to regularly visit the home page www.mibattri.com to view the most current Terms of when Mibattri last modified the User Agreement. It shall be your responsibility to check the User Agreement periodically for changes. Mibattri may require you to provide your consent to the updated User Agreement in a specified manner before prior to any further use of the website and the Services is provided on the website. If no such separate consent is sought, your continued use of the website, following changes to the User Agreement, will constitute your acceptance of those changes.
In the event that any provision of this User Agreement is determined to be unenforceable and/or invalid, or any transaction contemplated hereby determined to be unlawful by any court of law, or competent government body for any reason, all other provisions shall continue (except if it stands terminated) in full force and effect.
- By using this Website and the products, content and services provided on the Website, You agree and acknowledge that Your Personal Information collected through the Website may be transferred across national boundaries and stored and processed in any the country around the world. You also acknowledge that in certain countries or with respect to certain activities, the collection, transfer, storage, and processing of your information may be undertaken by trusted third party vendors or agents of Mibattri such as, web hosting providers, communication services, and web analytic providers, to help facilitate Mibattri in providing certain functions.
- You understand that Mibattri does not have any control on accuracy of information submitted by anybody on the Website and therefore agrees that Mibattri shall not be responsible for any loss, damage, cost, expenses etc. due to inaccuracy of any information submitted by you or anybody else on the Website.
- If you choose to visit the Website, Your visit and any dispute over privacy is subject to this User Agreement.
- You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
- The rule of contractual construction known as the 'Contra Proferentum' rule shall not apply to this User Agreement.