This is an electronic record in the form of a User Agreement formed under the Act (defined herein below) and other statutes pertaining to electronic documents / records. This user agreement does not require any physical, electronic or digital signature.
This User Agreement is a legally binding document between you and Mibattri(both terms defined herein below). The terms of this User Agreement will be effective upon your acceptance of the same [directly or indirectly in electronic form, by use of the website (defined herein below) or by other means] and will govern the relationship between you and Mibattri for your use of the website.
This User Agreement is published and shall be construed in accordance with rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data of Information) Rules, 2011, that require publishing of the User Agreement for collection, use, storage and transfer of sensitive personal data or information.
Please read this User Agreement carefully. By using the website, you indicate that you understand, agree and consent to this User Agreement. If you do not agree with the terms of this User Agreement, please do not use this website. You hereby provide your unconditional consent or agreement to Mibattri under section 43a and section 72a of the Act.
1. BACKGROUND
The Website www.mibattri.com is owned by Quantum Leap Systems LLP, and operates as an online platform for booking multi brand batteries, devices and the servicing of Batteries, registering a newly purchased product, and to know the right fitment of battery based on application.
2. CONSTRUCTION
- This User Agreement for the Website would be effective from on 00:00 hours (India Standard Time) on January 15, 2022.
- This User Agreement is divided into the following three (3) parts:
- Part I - Privacy Policy
- Part II - Terms of Use
- Part III - General Terms
- The Privacy Policy and the Terms of Use are required to be read along with the General Terms at all times.
- This User Agreement is subject to change at any time without notice. To make sure you are aware of any changes, please review this User Agreement periodically.
3. DEFINITIONS
- "Act" shall mean the Information Technology Act, 2000, as amended, modified or replaced from time to time and shall include the rules made thereunder.
- "Content" shall have the meaning ascribed to it in clause 3 of the General Terms.
- "Cookies" shall mean files that a user's web browser puts on such user's computer when a user visits a website. It is standard method of registering user preferences when people use Websites, to ensure a better and more personalized experience, which are stored in a file on a user's computer's hard disk drive.
- "Mibattri” shall mean Mibattri and/or its subsidiaries and affiliates and associate companies if any. The terms "We" / "Us" / "Our" refer to each entity being part of the definition of Mibattri.
- "Force Majeure Event" shall mean any event due to any cause beyond the reasonable control of Mibattri and/or the dealers, including, without limitation, acts of God, fire, flood, earthquake, epidemic, explosion, civil commotion, strikes, lockout, and/or industrial action of any kind, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions, unavailability or breakdown of any communication system and/or transport facility, sabotage, breakdown and/or hacking of the Website and/or its features, software or contents provided for availing the services listed on the Website, such that it is impossible to perform the obligations under this User Agreement, or any other cause or circumstances beyond the control of Mibattri and/or the dealers hereto which prevents timely fulfilment of obligation of Mibattri and/or the dealers hereunder.
- "General Terms" shall mean the terms of use in Part III herein.
- "Non-Personal Information" shall have the meaning ascribed to it in clause 4 of the Privacy Policy.
- "Personal Information" shall mean the data that can be used to uniquely identify or contact a single person, such as name, address, telephone number, email address, birth date and gender and the sensitive personal data or information as mentioned under the Act.
- "Marks" shall mean trademarks, logos, service marks, etc.
- "Privacy Policy" shall mean the privacy policy in Part I herein.
- "Restricted Purpose" shall have the meaning ascribed to it in clause 1 of the General Terms.
- "Terms of Use" shall mean the terms of use in Part II herein.
- "User Agreement" shall mean this agreement, as may be amended from time to time by Mibattri.
- "User-Generated Content" shall have the meaning ascribed to it in clause 12 (a) of the General Terms.
- "Website" shall mean the website of Mibattri for providing its Services, with the domain name 'www.mibattri.com’