1. ELIGIBILITY TO USE
- Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable law for this purpose. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 or any other applicable law for this purpose including minors, un-discharged insolvents etc. are not eligible to use the Website.
- Mibattri reserves the right to refuse access to use the Services offered at the Website to new users or to terminate access granted to existing users at any time without according any reasons for doing so.
2. USER INFORMATION, PASSWORD, AND SECURITY
- You agree and undertake that you shall be solely responsible for Your information and confirm that You shall not host, display, upload, modify, publish, transmit, update or share any information that:
- Is incorrect, incomplete, irrelevant and inaccurate.
- Is fraudulent.
- belongs to another person and on which You do not have any right;
- is grossly harmful harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful or racially, ethically objectionable, disparaging, relating or encouraging money laundering or gambling, amounts to stalking or otherwise unlawful in any manner whatsoever;
- harms minors in any way;
- infringes any patent, trademark, copyright and/or other proprietary right;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to
- interrupt, destroy or limits the functionality of any computer resource;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- Is seditious, abusive, discriminatory, tortuous, scandalous, inflammatory and/or liable to incite racial, ethnic or religious hatred; and/or in breach of confidence, in breach of privacy and/or causes annoyance and/or inconvenience.
- Causes Mibattri to lose/affect (in whole or in part) the services of Mibattri or its dealers/sub-dealers.
- Is in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of spam or solicitation.
- If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Mibattri has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mibattri has the right to suspend or terminate Your Account and refuse any and all current and/or future use of the Website (or any portion thereof).
3. USER OBLIGATIONS
- Subject to compliance with this User Agreement, Mibattri grants you a non-exclusive,
- limited privilege to access and use this Website and the Services provided therein.
- You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) this User Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
- You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that you access on the Website.
- You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Mibattri. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
- You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. Mibattri disclaims all liabilities arising in relation to such offensive content on the Website. Further, you may report such offensive content in the manner prescribed herein.
- You agree that You are solely responsible to Mibattri and to any third party for any breach of Your obligations under this User Agreement and for the consequences (including any loss or damage which Mibattri or its affiliates or its vendors may suffer) for any such breach.
- You agree that Mibattri may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website users.
4. USE OF MATERIALS
Except as expressly indicated to the contrary in any applicable additional terms, Mibattri hereby grants you a non-exclusive, freely revocable (upon notice from Mibattri), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:
- You may access and use the materials solely for personal, informational, and internal purposes, in accordance with this User Agreement;
- You may not modify or alter product catalogues or any other materials available on the Website;
- You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and
- You may not remove any content, text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.
- The rights granted to you in clause 1 herein above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part, unless expressly permitted by Mibattri.
5. SERVICE BOOKING TERMS AND CONDITIONS
- Mibattri is providing the platform to book the service of batteries and other products that it deems fit for benefit of users who can use the platform to request service from the enrolled service providers. The actual service will be delivered by First Responders/Technicians who may or may not be connected to Mibattri and/or it’s Dealers/Sub-Dealers in any manner.
- While Mibattri in the interest of customers will be selecting, training and enabling the First Responders/Technicians to the best possible extent, it is in no manner responsible for service quality and commitments made by the First Responders/Technicians since they are independent entities who are only enrolled on the platform provided by Mibattri for the benefit of users.
- Mibattri is not responsible for any non-performance or breach of any contract between you and First Responders/Technicians. Mibattri cannot and does not guarantee that you and First Responders/Technicians concerned will perform transaction(s) concluded on the Website. Mibattri shall not and is not liable to mediate or resolve disputes or disagreements between you and First Responders/Technicians.
- This service will be available in select locations only as per indicative timings. Even within a particular location/geography the service might be available subject to logistical and operational conditions and the availability and interest of First Responders/Technicians. Mibattri does not have any control on the First Responder/Technicians interest and/or ability to provide service.
- At no time shall Mibattri hold any right/title to or interest in the products nor have any obligations or liabilities with respect to such a contract executed between user and First Responders/Technicians. Mibattri is not responsible for unsatisfactory or delayed performance of services, damages, or delays
- Mibattri does not at any point in time during a transaction between You and a First Responders/Technicians come into or take possession of any of the products or services offered to You, gain title to or have any rights or claims over the products or services offered to You by the First Responders/Technicians.
- Booking of service may/may not involve a fee in monetary terms payable by the user/consumer to the concerned First Responder/Technician. Charging of discharged battery may involve a fee in monetary terms and needs to be settled between the user/consumer and First Responder/Technician and/or Dealer/Sub-Dealer.
- Topping up with Distilled Water and/or Charging of a discharged battery and/or requirement of spares may involve a fee in monetary terms payable to the concerned First Responder/Technician if applicable.
- Mibattri shall in no way be liable to users/ consumers who are, through this website, availing service of their batteries/inverters which are not manufactured by Mibattri, if such service affects the terms and conditions of the sale and service of their products. Such consumers shall avail this service at their own risks, costs and expenses. All services/products advertised and listed and the contents therein are advertised, listed and generated by mibattri. All prices displayed on this Website are the Maximum Retail Prices as listed by mibattri and set by respective manufacturer/whole seller, importer and or otherwise specified. The Maximum Retail Prices are subject to change at any time without prior notification.
- Payment made by users/consumers through the Payment Gateway option available on the website is subject to the Terms & Conditions of the Payment Gateway service provider. All charges, fees and taxes levied by the Payment Gateway service provider will have to be borne by the users/consumers. All queries and disputes related to the Payment Gateway will have to be taken up by the consumers directly with the Payment Gateway service provider and servicing First Responder/Technician and/or Dealer/Sub-Dealer without any involvement of mibattri.