Terms & Conditions

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name www.mibstech.com ('Website'), including the related mobile site and mobile application (hereinafter referred to as 'Platform').

The Platform is owned by MIBS TECH SOLUTIONS, a company incorporated under the Companies Act, 1956 with its registered office at 1, No 1, Ajjappa block, 4th Cross, Dinnur main road,   Bangalore RT Nagar ,Bangalore ,India (hereinafter referred to as ?Platform Owner?, 'we', 'us', 'our')..

Your use of the Platform and services and tools are governed by the following terms and conditions (?Terms of Use?) as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with the Platform Owner and these terms and conditions including the policies constitute Your binding obligations, with Platform Owner. These Terms of Use relate to your use of our website, goods (as applicable) or services (as applicable) (collectively, 'Services'). Any terms and conditions proposed by You which are in addition to or which conflict with these Terms of Use are expressly rejected by the Platform Owner and shall be of no force or effect. These Terms of Use can be modified at any time without assigning any reason. It is your responsibility to periodically review these Terms of Use to stay informed of updates..

 For the purpose of these Terms of Use, wherever the context so requires ?you?, 'your' or ?user? shall mean any natural or legal person who has agreed to become a user/buyer on the Platform..

ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING..

The use of Platform and/or availing of our Services is subject to the following Terms of Use:

To access and use the Services, you agree to provide true, accurate and complete information to us during and after registration, and you shall be responsible for all acts done through the use of your registered account on the Platform..

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials offered on this website or through the Services, for any specific purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law..

Your use of our Services and the Platform is solely and entirely at your own risk and discretion for which we shall not be liable to you in any manner. You are required to independently assess and ensure that the Services meet your requirements..

The contents of the Platform and the Services are proprietary to us and are licensed to us. You will not have any authority to claim any intellectual property rights, title, or interest in its contents. The contents includes and is not limited to the design, layout, look and graphics..

You acknowledge that unauthorized use of the Platform and/or the Services may lead to action against you as per these Terms of Use and/or applicable laws..

You agree to pay us the charges associated with availing the Services..

You agree not to use the Platform and/ or Services for any purpose that is unlawful, illegal or forbidden by these Terms, or Indian or local laws that might apply to you.

You agree and acknowledge that website and the Services may contain links to other third party websites. On accessing these links, you will be governed by the terms of use, privacy policy and such other policies of such third party websites. These links are provided for your convenience for provide further information..

You understand that upon initiating a transaction for availing the Services you are entering into a legally binding and enforceable contract with the Platform Owner for the Services..

You shall indemnify and hold harmless Platform Owner, its affiliates, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Notwithstanding anything contained in these Terms of Use, the parties shall not be liable for any failure to perform an obligation under these Terms if performance is prevented or delayed by a force majeure event..

These Terms and any dispute or claim relating to it, or its enforceability, shall be governed by and construed in accordance with the laws of India..

All disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Bangalore and Karnataka.

All concerns or communications relating to these Terms must be communicated to us using the contact information provided on this website

Buyer Account and Registration Obligations

If anyone uses login to our website will be responsible for maintaining the confidentiality of your display name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if you provide any information that is untrue, or inaccurate, or we have reasonable grounds to suspect such information may be untrue, inaccurate, not current, or incomplete, we shall have the right to indefinitely suspend or terminate, or block access to your membership on the Website and refuse to provide you with access to the Website. This section of text is from the Define Pages Editor located under Tools in the Admin.

Communications

When a buyer uses our website or sends emails or other data, information, or communication to us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may share with you by email or by other modes of communication, electronic or otherwise.

Eligibility of User

If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not transact or use our website. As a minor, if you wish to use or transact on the Website, your legal guardian or parents may make such use or transaction. We reserve the right to terminate your membership and refuse to provide you access to the website if it is brought to our notice or if it is discovered that you are under the age of 18 years.

Charges

Members can access the website is free for buyers. We do not charge any fee for browsing and buying on the Website. We reserve the right to change its Fee Policy from time to time. In particular, Mibs Tech may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event We reserve the right to introduce fees for the new services offered or amend/raise fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated.

Limitations

You agree and undertake not to modify copy, distribute, transmit, display, reverse engineer, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. With prior written permission from us, limited reproduction and copying of the Website's content are permitted provided that Mibst Tech's name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data & information within the content of the website is not permitted.

Conduct and Usage Restrictions

You agree and undertake to use the Website and the Service only to post and upload proper messages and material. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others

b) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

c) Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;

d) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer.

e) Conduct or forward surveys, contests, pyramid schemes or chain letters;

f) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;

g) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

h) Violate any code of conduct or other guidelines, which may apply for or to any particular Service;

i) Violate any applicable laws or regulations for the time being in force in or outside India;

j) Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.

The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by the Website.

Exactness Not Guaranteed

We hereby disclaim any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, colour etc. may be required due to limitations caused by the availability of product differences in size charts of respective brands etc. The product may exactly not or would not match the image shown/displayed in the product list.

Intellectual Property Rights

a) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, We own all Intellectual Property Rights to and into the Website, including, without limitation, all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to us without obtaining our authorization.

b) Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various services. However, about the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content onto the Website for public viewing and reproduction/use of your content by third-party users, you accept the User whereby you grant a non-exclusive license for the use of the same.

Third-Party Sites Links

The Website may contain links to other websites. The Linked Sites are not under our(or the Website) control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mibstech.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. The website may provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mibstech.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

Limitation of Use

The products which are listed or sold on our website are not authorized for use in life support, surgical implantation, nuclear, aircraft applications, and confidential government projects or for any use or application in which the failure of any component could cause substantial harm to persons or property.

You agree to indemnify, defend and hold harmless Mibstech.com from and against all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Mibstech.com that arise out of, result from, or maybe payable under, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you according to these Terms.

Disclaimer of Warranties/Limitation of Liability

The Company will Endeavour to transfer the benefits of any warranty or guarantee given by the manufacturer of goods to the customer.

If the warranty offered by the dealer/manufacturer only will be replaced or serviced at the Company's options, which are proved to the reasonable satisfaction of the Company to be damaged or defective due to faulty material, workmanship or design. And doesn't include items broken or damaged due to mishandling by the buyers. In case of replacing/repair/service, all the returns and delivery charges will be paid by the Customer.

The products are warranted (if offered) under normal usage against defects in workmanship and materials to the original buyer for the period offered or specified. Software programs are supplied on the strict understanding that the Company does not warrant their function to be free from defects or error. The Company does not write software comprised in the Goods and it is the Customer's responsibility to check for the presence of computer viruses before the Goods are used.

This obligation will not apply:

a) If the defect arises because the Customer has altered or repaired such Goods without the written consent of the Company;

b) If the Customer did not follow the manufacturers’€™ instructions for storage, usage, installation, use or maintenance of the Goods;

c) If the Customer fails to notify the Company of the defect within the period specified by the supplier from the date of dispatch of the Goods or performance of the Services.

The Company's sole obligation and liability, should any Supplies prove damaged or defective following this condition, shall be limited to, at the Company's option, the repair or replacement of the relevant Goods or the re-performance of the applicable Services or the refund of the price paid for the suitable Supplies.

This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on Mibstech.com without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, we do not warrant that:

a) This website will be constantly available, or available at all; or

b) The information on this website is complete, true, accurate or non-misleading. And not responsible for the delay or inability to use the Website or related Functionalities, the provision of or failure to provide Functionalities.

The Website provides content from other Internet websites or resources and while we try to ensure that the material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website.

This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.

To the fullest extent permitted under applicable law, Mibstech.com or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this User Agreement.

Without prejudice to the generality of the section above, the total liability of Mibstech.com to you for all liabilities arising out of this User Agreement is it in tort or contract is limited to the amount charged to you, against the value of the products ordered by you.

We have no control or prior knowledge of State Taxes or Octopi that may be charged by your state. The buyer/you will be responsible for paying these taxes.

Pricing

Prices for products are described on our website and are incorporated into these terms and Conditions by reference. All prices are Indian rupees for Indian customers. Other than India it will be in USD Dollars. Prices, Products and Services may change at our discretion. The price shown on each product is exclusive of Tax. As there are different taxes on different categories of products, tax percentages will be shown on the cart page and invoice next to the product name and quantity. These taxes will be calculated and shown at the bottom of the Cart after the subtotal and the cart button after the subtotal on the top right of the website.

Report Abuse

As per these Terms, users are solely responsible for every material or content uploaded to the Website. We do not review the contents in any way before they appear on the Website. We do not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded onto the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report it to [email protected]. Or [email protected]