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Terms & conditions
Welcome to Micro Technologies. By
activating or using our software, you agree to be bound by these Terms and Conditions
("T&Cs"). Please read these T&Cs carefully. They affect your
legal rights by, among other things, requiring mandatory arbitration of
disputes. If you do not agree to these "T&Cs", do not activate or
use the software or product.
These "T&Cs"
constitute your agreement with Micro Technologies and its affiliates (together,
"Micro Technologies",
"we", or "us") for any software or products that we provide you ("software” or
“products"), any applications, products, or products that you purchase or
obtain from us or use with the software ("products"), and any applications
or software that you purchase, obtain, or use that are provided through or with
the software, or billed to your Micro Technologies account ("third-party
software") (Micro Technologies software and third-party software together,
the "software"). These "T&Cs" supersede all earlier
versions. Rate plan and feature
information for the software you select
or use are available to you when you purchase the software at Airtel Live! are
a part of our agreement and are incorporated by reference into these "T&Cs"
(the "T&Cs", your software agreement, and the rate plan
information together are referred to as the "agreement"). You
acknowledge that no employee, dealer, or other agent is authorized to make any
representation or warranty (other than as described in the agreement or our
current materials) with respect to the agreement, software, products, or rate
plans and offerings, or to waive or modify any terms or provisions of the
agreement.
Acceptance of agreement: you
accept this agreement by: (a) activating or using the software; (b) signing,
orally or electronically accepting the agreement; or (c) are deemed to accept
the agreement, whichever occurs first. You must activate software within 30
days after purchase of your product. If you don't activate software within 30
days, you are deemed to accept the agreement, and you agree to pay monthly
software charges for the term according to your rate plan.
Mandatory Arbitration
Please read this provision
carefully. It means that, except as noted below, you and we will arbitrate our
disputes. Any claim or dispute between you and us in any way related to or
concerning the agreement, or the provision of software or products to you,
including any billing disputes ("claim"), shall be submitted to
final, binding arbitration. This agreement to arbitrate also requires you to
arbitrate claims against other parties relating to software or products
provided or billed to you, including suppliers of software and products and our
retail dealers, if you also assert claims against us in the same
proceeding.
Before instituting arbitration, you
agree to provide us with an opportunity to resolve your claim by sending a
written description of your claim to us at Micro Technologies customer
relations, and negotiating with us in good faith regarding your claim. If we
are not able to resolve your claim within 30 days of receipt of your notice,
then you or we, instead of suing in court, may initiate arbitration
proceedings.
Changes to the agreement or charges
Except to the extent prohibited by
law, if we: (a) increase the charges, or (b) modify a material term of our
agreement with you and the modification would be materially adverse to you, we
will notify you of the increase or modification and you can cancel that
software without paying a cancellation fee (which is your only remedy) by
following the cancellation instructions in the notice. If you do not cancel
your software by following those instructions, or you otherwise accept the
change, then you agree to the increase or modification, even if you paid for
software in advance. If the notice does not say how long you have to cancel,
then it is within 14 days after the date of the notice, unless a longer period
is required by law
Cancellation and return policy
There is a return period during
which you can cancel a newly activated line of software. The return period is
14 calendar days from the date of software activation. Even if you cancel
software, you must pay all software and other charges incurred prior to
cancellation. All the charges for the said services will be deducted by Service
provider (Airtel).
Software availability and limits
Your mobile phone operates as a
radio and software is only available when your mobile phone is within range of
an antenna providing software. There
may be gaps in software within the estimated coverage areas. Even within a
coverage area, factors, such as: network changes, emergencies, traffic volume,
transmission limits, software outages, technical limitations, signal strength,
your equipment, interconnecting carriers, terrain, structures, weather and
other conditions (without limit) may interfere with actual software, quality,
and availability we are not responsible
if (Software / Product) does not
operate under these circumstances. We shall also not be held responsible if (Software
/ Product) is not operational due to loss of network, cancellation or
suspension of software, or if certain types of calls or messages are
blocked. The software will become
null and void at any act of formatting or change of operating system
configuration. The alerts on the information of change of sim in handset will
only be received by Airtel number.
Use of product with other providers/product purchases
Wireless devices and networks do
not all use the same technologies. Your product may not be compatible with the
network and software provided by another wireless software provider and,
therefore, may not work with that provider's wireless software. You may buy a
product from us, or from someone else, but it must be gsm/gprs equipment that
is compatible and approved for use with our network and software and we do not
guarantee that all micro technologies features will be available with such
equipment.
Changes to your account
If you give your personal account
validation information to someone, they can access and make changes to your
account just as you can.
Billing, charges, and late fees
You will be charged for software
and other features on a monthly billing cycle basis You agree to timely pay in
full each month all charges and fees associated with the software, including
without limit, monthly recurring software charges.
Disclaimer of warranties
Except for any other written
warranty that may be provided, and to the extent permitted by law, all
software, products, and third-party products are provided "as is",
"with all faults", and without warranties of any kind, either express
or implied, including without limit, warranties of title, merchantability,
non-infringement, or fitness for a particular purpose, all of which are
expressly disclaimed. You assume all responsibility and risk for use of the
software or products. We do not authorize anyone to make a warranty of any kind
on our behalf, and you should not rely on any such statement. Any statements
made in packaging, manuals or other documents, or by any of our dealers (except
for any written limited warranty that may be provided), are for informational
purposes only and are not warranties by us of any kind. We and our officers,
directors, employees, agents, dealers, suppliers, parents, subsidiaries or affiliates
("MicroTechnologies affiliates") do not warrant that the information,
software, products, processes, or software will be uninterrupted, accurate,
complete, useful, functional, bug or error free.
Limitation of liability
We are not liable to you, other
users of your product or third parties for any deficiency in performance or
quality, caused in whole or in part by an act or omission of an underlying
carrier or software provider, web site, messaging community, dealer, equipment
or facility failure, product failure or unavailability, discontinuation of
software, or products, network problems, lack of coverage or network capacity,
equipment or facility upgrade or modification, delay or failure of number
portability, acts of God, strikes, fire, terrorism, war, riot, emergency,
government actions, equipment or facility shortage or relocation, the failure
of an incoming or outgoing call, priority access, or secured software call, to
be connected or completed or for the functionality of location software, priority
access, or secured call or alert software, or causes beyond our reasonable
control. Even if micro technologies has been advised of the possibility of
damages, micro technologies and micro technologies affiliates will not be
liable to you or any of your employees, agents, customers or any third parties
for any damages arising from use of the software or any product, including
without limitation: punitive, exemplary, incidental, treble, special, or
consequential damages; loss of privacy or security damages; personal injury or
property damages; copyright, trademark, patent, trade secret, or other
intellectual property damages; or any damages whatsoever arising from
interruption or failure of software, listing errors, lost profits, loss of
business, loss of data, loss due to unauthorized access or due to viruses or
other harmful components, cost of replacement products and software,
suspension, termination, or the inability to use the software or any product,
the content of any data transmission, communication, or message transmitted to
or received by your product (whether read or unread, solicited or unsolicited),
or losses resulting from any products, goods, or software purchased, messages
received, or transactions entered into through the software. If the state law
applicable to your claims does not allow the exclusion or limitation of
incidental or consequential damages, or other modifications of or limitations
to certain remedies, the relevant portions of the above exclusion or limitation
will not apply to you.
The maximum aggregate liability of
micro technologies and micro technologies affiliates to you, and the exclusive
remedy available in connection with the agreement for any and all damages,
injury or losses arising from any and all claims or causes of action related to
software or products, shall be a refund or rebate of the prorated monthly or
other charges you paid or owe us for the applicable software or product. The
existence of multiple claims or suits under or related to this agreement will not
enlarge or extend the limitation of money damages. Except to the extent
prohibited by law, all claims must be brought within 2 years of the date the
claim arises.
Indemnification
You agree to defend, indemnify,
and hold us, micro technologies affiliates, and any roaming or network partner
harmless from any and all claims, demands, actions, liabilities, costs, or
damages arising out of your use of the software or products, any legal
disclosures we make relating to your software or product, or your breach of
this agreement. You further agree to pay our reasonable attorneys' and expert
witnesses' fees and costs arising from any actions or claims by third parties
and those incurred in establishing this.
Assignment
We may assign all or part of our
rights or duties under the agreement without such assignment being considered a
change to the agreement, and without notice to you, except to the extent
provided by law. We are then released from all liability. You may not assign
the agreement without our prior written consent. Subject to these restrictions,
the agreement will bind the heirs, successors, subcontractors, and assigns of
the respective parties, who will receive its benefits.
Notices/customer communications
You agree we may also notify and communicate with you, or respond to
your inquiries electronically through
e-mail, voicemail, or text messaging, which is considered given and
received immediately upon transmission.
Severability and survivability
All T&Cs herewith are
independent of each other and if any provision of these T&Cs is held to be
inapplicable or unenforceable, then (a) that term or provision shall be
construed, as nearly as possible, to reflect the intentions of the parties with
the other terms or provisions remaining in full force and effect, (b) the T&Cs
will not fail their essential purpose, and (c) the balance of the T&Cs
remain unaffected and in full force and effect, unless our obligations are
materially impaired, in which event we have the right to terminate the
agreement. You and we will continue to be bound by the following secs. (and any
other provisions or rights and obligations that may reasonably be construed as
surviving) of these T&Cs after the agreement ends, regardless of
reason: Entire agreement/applicable law
. This agreement represents the final and entire agreement between you and us
regarding the software and products. Electronic images of the agreement will be
considered originals. You acknowledge that you have not relied on any other
representations not specifically included in this agreement. If we don't
enforce our rights under any of the provisions of the agreement, we may still
require strict compliance in the future. You represent that you are of legal
age and have the legal capacity to enter into this agreement. If you are
contracting on behalf of a company, you represent that you are authorized to
enter into this agreement and agree to be personally liable for all accounts if
you are not so authorized. This agreement is governed by the laws of India, and
the courts of Mumbai shall have jurisdiction.
Warranty period
The limited warranty provided for the software/product of Micro
Technologies shall be Twelve(12) months from date of subscription of the
software/product. Subject to Billing charges clause.
You can call Micro Technologies
software centres ( National or premium rates may apply) for further details
/querries at 1800-22-33-34. Any claim under this limited warranty is subject to
you notifying Micro technologies of the
alleged defect with in a reasonable time of it having come to your attention.
And in any event no later than before the expiry of warranty period. Then making a querry under this limited
warranty you will be required to
provide , The mobile phone number and recepient detail.
What is not covered?
This limited warranty does not cover any third party software,
settings, content, data or links, whether included or downloaded in the
product, whether included during instalment, assembly, shipping or at any other
time in the delivery chain or otherwise and in any way acquired by you. Micro
Technologies does not warrant that any
Micro Technologies software will meet
your requirements, will work in combination with any hardware or software
provided by a third party, that the operation of any software will be
uninterrupted or error free or that any defects in the software are correctable
or will be corrected.
This limited warranty does not cover errors occurring due to a) normal
wear and tear, b) defects caused by rough handling of the mobile phone
(including, without limitation, defects caused by sharp items, by bending,
compressing or dropping, etc.), or c) defects or damage caused by misuse of the
mobile phone, including use that is contrary to the instructions provided by
Micro Technologies (e.g. As set out in
the product's user guide) and/or e) other acts beyond the reasonable control of
micro technologies .
This limited warranty does not cover defects or alleged defects caused
by the fact that the product was used with, or connected to, any product,
accessory, software and/or software not manufactured, or supplied by micro
technologies or was used otherwise than
for its intended use. Defects can be caused by viruses from your or from a third
party's unauthorised access to software, other accounts, computer systems or
networks. This unauthorised access can take place through hacking, password
mining or through a variety of other means.
This limited warranty does not cover defects caused by the fact that
the battery has been short-circuited or by the fact that the seals of the
battery enclosure or the cells are broken or show evidence of tampering or by
the fact that the battery has been used in equipment other than those for which
it has been specified.
This limited warranty is not enforceable if the mobile phone has been
opened, and the software has been modified
by anyone other than an authorized software center.
This limited warranty is not enforceable if the mobile phone has been
exposed to moisture, to dampness or to extreme thermal or environmental
conditions or to rapid changes in such conditions, to corrosion, to oxidation,
to spillage of food or liquid or to influence from chemical products.
Micro Technologies shall not be responsible for providing software
relating to the following:
A. Errors that result from
improper handling or use of the applicable software by end users;
B. Errors for which micro
technologies has provided technical or operational corrections not implemented
by end users within a reasonable time;
C. Errors caused by changes,
alterations or revisions made by or on behalf of end users;
D. Errors that result from end user's use of software or equipment not
approved by Micro Technologies;
E. Problems of end users caused
by the end user's data, network, database, operational or other environmental
factors not within the direct control of Micro Technologies;
F. Problems of end users caused by the applications; or
G. Failure by end user to install updates provided to end
user by Micro Technologies from time to time.
If the end user formats the mobile phone and thereby erases the
software, Micro Technologies shall not be liable for defects resulting from
such acts.
Other important notices
A third party, independent operator provides the SIM card and cellular
and/or other network or system on which the mobile phone operates. Therefore,
Micro Technologies will not accept
responsibility under this warranty for the operation, availability, coverage,
software or range of the cellular or other network or system. Before micro
technologies or micro technologies authorized software company can repair or
replace the software / product the operator may need to unlock any SIM-lock or
other lock that may have been added to lock the product to a specific network
or operator. In such situations kindly
contact first your operator to unlock the product.
Please remember to make back-up copies or keep written records of all
important content and data stored in your mobile phone, because content and
data may be lost while copying the software to the mobile phone. Micro
technologies , in a manner consistent with the provisions of the section
entitled "limitation of micro technologies 's liability" below, shall
not under any circumstances be liable, either expressly or impliedly, for any
damages or losses of any kind whatsoever resulting from loss of, damage to, or
corruption of, content or data while copying the software on to the mobile
phone.
Limitation of Micro Technologies 's liability
This limited warranty is your sole and exclusive remedy against Micro
Technologies and Micro Technologies 's
sole and exclusive liability in respect of defects in your product. This
limited warranty replaces all other micro technologies warranties and liabilities, whether oral,
written, (non-mandatory) statutory, contractual, in tort or otherwise,
including, without limitation, and where permitted by applicable law, any
implied conditions, warranties or other terms as to satisfactory quality or
fitness for purpose. However, this limited warranty shall neither exclude nor
limit i) any of your legal (statutory) rights under the applicable national
laws or ii) any of your rights against the seller of the product.
To the extent permitted by applicable law(s) micro technologies does not assume any liability for loss of or
damage to or corruption of data, for any loss of profit, loss of use of
products or functionality, loss of business, loss of contracts, loss of
revenues or loss of anticipated savings, increased costs or expenses or for any
indirect loss or damage, consequential loss or damage or special loss or damage
To the extent permitted by applicable law, micro technologies ´s
liability shall be limited to the purchase value of the software /product. The
above limitations shall not apply in case of gross negligence or intentional
misconduct of micro technologies or in
case of death or personal injury resulting from micro technologies's proven
negligence.
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