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TERMS & CONDITIONS

Mithron India Smart Services Private Limited (hereinafter referred to as “MITHRON” or “We” or “Us” or “Our” or ”Company”) welcome you at Mithron mobile App for adding your Product/services on rental basis and also search the Agri support products/services from nearby location. Along with that, we also provide access to certain smart products/services from Mithron company on rental basis, including but not restricted to, loans, insurance & other financial products as offered by third parties, posting advertisements, etc.

Mithron company is not responsible for handling/storage/theft/damage of your product/service during the transaction/rental service process. You are directly responsible for the products/services you provide to the users and ensure you communicate the user before providing the service to them.

Mithron India Smart Services Private Limited (இனிமேல் " MITHRON / மித்ரான் " அல்லது "நாங்கள்" அல்லது "எங்கள்" அல்லது "நிறுவனம்" என குறிப்பிடப்படுகிறது) உங்கள் தயாரிப்பு/சேவைகளை வாடகை அடிப்படையில் சேர்ப்பதற்காக Mithron மொபைல் செயலியில் உங்களை வரவேற்கிறோம். அருகிலுள்ள இடத்திலிருந்து வேளாண் இயந்திர தயாரிப்புகள்/சேவைகள். அதனுடன், மித்ரான் நிறுவனத்திடமிருந்து சில ஸ்மார்ட் தயாரிப்புகள்/சேவைகளுக்கான அணுகலை வாடகை அடிப்படையில் வழங்குகிறோம், இதில் கடன்கள், காப்பீடு மற்றும் மூன்றாம் தரப்பினரால் வழங்கப்படும் பிற நிதி தயாரிப்புகள், விளம்பரங்களை இடுகையிடுதல் போன்றவை அடங்கும்.

பரிவர்த்தனை/வாடகை சேவை செயல்முறையின் போது உங்கள் இயந்திரங்கள்/சேவையின் கையாளுதல்/சேமிப்பு/திருட்டு/சேதங்களுக்கு Mithron நிறுவனம் பொறுப்பல்ல. பயனர்களுக்கு நீங்கள் வழங்கும் இயந்திரங்கள்/சேவைகளுக்கு நீங்கள் நேரடியாகப் பொறுப்பாவீர்கள், மேலும் பயனர்களுக்கு சேவையை வழங்குவதற்கு முன்பு அவர்களுடன் நீங்கள் தொடர்புகொண்டு உறுதிப்படுத்துகிறீர்கள் என்பதை உறுதிசெய்யவும்.

मिथ्रॉन इंडिया स्मार्ट सर्विसेज प्राइवेट लिमिटेड (इसके बाद "मिथ्रोन" या "हम" या "हमें" या "हमारी" या "कंपनी" के रूप में संदर्भित) किराए के आधार पर अपने उत्पाद/सेवाओं को जोड़ने के लिए मिथ्रॉन मोबाइल ऐप में आपका स्वागत करता है और खोज भी करता है। पास के स्थान से कृषि मशीन उत्पाद/सेवाएं। इसके साथ ही, हम मिथ्रोन कंपनी से किराये के आधार पर कुछ स्मार्ट उत्पादों/सेवाओं तक पहुंच भी प्रदान करते हैं, जिसमें ऋण, बीमा और अन्य वित्तीय उत्पाद शामिल हैं, लेकिन इन्हीं तक सीमित नहीं हैं, जैसा कि तीसरे पक्ष द्वारा पेश किया जाता है, विज्ञापन पोस्ट करना आदि। लेन-देन/किराये की सेवा प्रक्रिया के दौरान आपकी मशीनों/सेवा को संभालने/भंडारण/चोरी/क्षति के लिए मिथ्रॉन कंपनी ज़िम्मेदार नहीं है। आप उपयोगकर्ताओं को प्रदान की जाने वाली मशीनों/सेवाओं के लिए सीधे तौर पर ज़िम्मेदार हैं और यह सुनिश्चित करते हैं कि आप उपयोगकर्ताओं को सेवा प्रदान करने से पहले उनसे संवाद और पुष्टि करें।

THESE MOBILE APP TERMS OF USE IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

இந்த மொபைல் பயன்பாட்டு விதிமுறைகள் தகவல் தொழில்நுட்பச் சட்டம், 2000 மற்றும் அதற்கான விதிகள் மற்றும் அதனுடன் செய்யப்பட்ட விதிகள் மற்றும் தகவல் தொழில்நுட்பச் சட்டம், 2000 ஆல் திருத்தப்பட்ட பல்வேறு சட்டங்களில் மின்னணு ஆவணங்கள் / பதிவுகள் தொடர்பான திருத்தப்பட்ட விதிகள் ஆகியவற்றின் கீழ் உருவாக்கப்பட்ட மின்னணு ஒப்பந்தத்தின் வடிவத்தில் ஒரு மின்னணு பதிவாகும் இந்த பயன்பாட்டு விதிமுறைகளுக்கு நேரடியான, மின்னணு அல்லது டிஜிட்டல் கையொப்பம் எதுவும் தேவையில்லை.

ये मोबाइल एप्लिकेशन उपयोग की शर्तें सूचना प्रौद्योगिकी अधिनियम, 2000 और उसके तहत बनाए गए नियमों के तहत एक इलेक्ट्रॉनिक अनुबंध के रूप में एक इलेक्ट्रॉनिक रिकॉर्ड है और सूचना 20 द्वारा संशोधित विभिन्न विधियों में इलेक्ट्रॉनिक दस्तावेजों / रिकॉर्ड से संबंधित संशोधित प्रावधान हैं। उपयोग की इन शर्तों के लिए किसी प्रत्यक्ष, इलेक्ट्रॉनिक या डिजिटल हस्ताक्षर की आवश्यकता नहीं है।.

Below clauses can be read in google translation option for detailed understanding of services in any language.

எந்த மொழியிலும் சேவைகள் பற்றிய விரிவான புரிதலுக்கு கீழே உள்ள உட்பிரிவுகளை கூகுள் மொழிபெயர்ப்பு விருப்பத்தில் படிக்கலாம்.

किसी भी भाषा में सेवाओं की विस्तृत समझ के लिए नीचे दिए गए खंडों को Google अनुवाद विकल्प में पढ़ा जा सकता है।.

This Terms of Use 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 Mobile App (defined below).

The domain name www.mithronsmart.com is owned by Mithron India Smart Services Private Limited [U72900TN2022PTC155712], a company incorporated under the Companies Act, 1956 with its registered office at Office no 33 Pillayar Koil street, Narmapallam, Cheyyar Taluk, Tiruvannamalai, Tamil Nadu – 604407. These Terms of Use of the Mobile App available at www.mithronsmart.com, web site and mobile applications (individually and collectively, “Mobile App”) is between MITHRON and the guest users or Visitors or registered users of the Mobile App (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which MITHRON offers You access to the Mobile App for availing services and buy products, as are incidental and ancillary thereto ("Services", and more particularly defined hereinafter).

1) Acknowledgement:

Entire Agreement: These Terms of Use together with below listed documents/policies which will be available either at Mobile App or entered separately by MITHRON with You, as applicable, and all other notices, rules, guidelines with respect to Your use of Mobile App, constitutes the entire agreement (“Agreement”) between MITHRON and You.

Privacy Policy, Additional Terms and Conditions and Terms of Sale

These additional documents/policies, wherever applicable, including terms imposed by mobile application stores like Apple’s iTunes, Android’s etc. are deemed to be incorporated under these Terms of Use by way of reference.

You acknowledge and agree that Your usage (defined below) of the Mobile App is strictly regulated and governed by the terms and conditions of this Agreement by accepting by the said Terms and Conditions.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE MOBILE APP OR LISTING ANY ITEM, ACCESSING ANY MATERIAL, INFORMATION OR SERVICES, POSTING ANY ADVERTISEMENT/INFORMATION AT OR THROUGH THE MOBILE APP. 

MITHRON use third-party service providers to assist MITHRON in improving our Services and Mobile App and to monitor our user’s interests and activities. You hereby authorise MITHRON and/or third-party service providers engaged by MITHRON to collect, use, store, analyse, reproduce, publish, and adapt either on its own or through third-party service provider the information in relation to Your use of the Mobile App for the purpose of data analysis and for improving Your experience on the Mobile App. You acknowledge that this is solely undertaken by MITHRON to improve Your experience in relation to the use of the Mobile App and the provision of such Services shall be subject to such additional terms and conditions of MITHRON and/or third-party service providers.

MITHRON shall not be responsible for any service availed by You from such third parties or any delay or failure in payment made by You to such third parties in connection with the services. Any concern or claims in relation to such services should be directed by You to such third parties. If you click on the links to third-party Mobile Apps, you leave the Mobile App. We are not responsible for the content of these third-party Mobile Apps or for the security of Your personal information when You use the third-party Mobile Apps.

MITHRON shall not be responsible for misuse of any products resulting in product damage or injuries and we are not responsible for the loss or theft of the products which belongs to the third party available in our Mobile App.

2) Eligibility:

Service available through or use of the Mobile App is available only to persons of majority and who can legally component to form a contract under the Indian Contract Act, 1872, or any other act or enactments to which the person is subject according to provisions of India.

Further to this, MITHRON reserves its right, without assigning any reason, to restrict or limit Your access to the Mobile App and can further terminate Your access to Mobile App and deny the Services or any other product available through or at Our Mobile App. This right of suspension/termination of Services of MITHRON, is in addition to any other remedy available to MITHRON, for access & usage of Mobile App or availing any of Our Services through Mobile App, which is in contravention of any of the terms and conditions of Terms of Use or this Agreement or any other applicable law.

3) Important:

This Mobile App, including mobile application, is an online marketplace and an Intermediary in terms of Information Technology Act, 2000 and as amended from time to time, which provides a platform to users to avail the Services. Any information provided either through or at Mobile App is only for information purpose and such information does not substitute any specific advice whether investment, legal, taxation or otherwise and are not intended to provide You with any nature of certification, guarantee or warranty. MITHRON is not responsible and cannot be held liable for any transaction between the Mobile App’s User.

By accessing, browsing and using this Mobile App or availing Services, you agree and acknowledge that you understand this limited and restricted use of accessing, browsing or using this Mobile App by availing any Services is out of your own free will, discretion and responsibility.

MITHRON reserves its right to modify, suspend, cancel or discontinue any or all sections, or Services at any time without any notice. MITHRON reserves the right to make modifications and alterations in the information contained on the Mobile App without notice. You agree that MITHRON shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Mobile App.

You expressly agree that any information provided on the Mobile App shall be used by you at your risk. You are advised to hereby make proper enquiries and use the information provided on the Mobile App.

From time-to-time MITHRON may supplement its Terms of Use with additional terms pertaining to specific content and Your usage of the mobile app may further require you to abide by the additional terms of third party e.g. Play Store etc. before download and install the mobile app. These terms are collectively referred to as “Additional Terms & Conditions”. Such Additional Terms are hereby incorporated by reference into these Terms of Use.

4) MITHRON Services:

MITHRON provides a platform to the Users of Mobile App and acts as an Intermediary. All information and material available on the Mobile App are only to assist the User of Mobile App who are interested in the Services provided by MITHRON and who wants to explore the more options before concluding their transactions. Among other services and information, MITHRON may provide any or all the below-listed services to the Users:

  1. The Mobile App may provide the information on new Product/services and implements or upcoming Product/services and implements including, price, specifications, dealer locations etc.

  2. MITHRON will provide services to research Product/services and implements, prices, technical specifications, comparison other Product/services and Implement attributes, and warranty and roadside assistance.

  3. The services can include a listing of your used Product/services and implements, online or browsing through the list of used Product/services and implements listed by Users of MITHRON. Services can further include the facility to advertise / exhibit / make available for selling various products including without limitation agri-mechanism product, auto products, accessories, spare part, services to other Users of the Mobile App. MITHRON makes no claims that any such information/data as available is accurate or applicability of the information to any specific situation.

  4. MITHRON may also provide the user the ability to send SMS to the user's top callers or send an email to the user’s friends letting them know about the service.

  5. The Mobile App may provide certain Features, Content ("Features" and “Content” are defined below) that enable sending/receiving invites/solicitation messages/reminders to your contacts whose details, as required under the specific Features, are submitted and specifically permitted by you to be so used.

  6. The Mobile App may provide the facility to the Users for their engagement for buying and selling the various products under the Terms of Use.

  7. The Mobile App may also provide information on additional products of third party e.g. banks, financial institutions, the insurance company, dealers etc. pertaining to the loan, insurance, and another service ancillary and incidental thereto.

All the above-listed services are provided at the sole discretion of MITHRON, and You acknowledge and agree that MITHRON can add or provide additional services not listed above, or can remove/suspend/cancel any or all services/products, listed above without any notice or liability.

5) Features and Content:

“Content/s” shall mean any and all information, data, text, software, music, sound, photographs, graphics, video, messages, materials, news, notices, articles, contracts, forms, documents or other materials and information which may be viewed or downloaded on or through this Mobile App. Contents shall also include any e-mail, messages, e-cards or any other information furnished by a user to be displayed on the Mobile App by MITHRON.

"Feature/s” may include any interactive, value addition service or other additional feature including without limitation comparison, 360-degree view etc. which are introduced or available on the Mobile App.

MITHRON may allow the User of Mobile App to upload or post certain content, data or information, message, files, photographs, pictures, articles, feedback or any other material of combination thereof collectively referred to "User Content" accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and Your use of them is subject to both the terms of this Agreement and to the policies of their third-party providers. This Feature is available to You as a matter of convenience only and to express Your views on products/services available through or at Mobile App.

Being the originator of the User Content, you are solely responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Mobile App. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law for time being in force in India. You acknowledge and agree that of the User Content posted or transmitted through our Mobile App represents the views of the author, and not of Mithron .com. You also acknowledge that you place reliance on such content is at your own risk.

You acknowledge that MITHRON does not endorse any User Content on the Mobile App and is not responsible or liable for any User Content. In case the User Content is in violates/infringes any patent, trademark, trade secret, copyright or any other proprietary or privacy rights of any third party or in contravention of any applicable law, then MITHRON at its sole discretion may remove or disable the access to the User Content or any part thereof, without any notice to User.

Assignment of User Content: You hereby grant MITHRON a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Mobile App; and that, as at the date that the User Content is posted or submitted on the Mobile App: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these Terms of Use; and (iii) that such User Content is lawful.

6) Your Account and Login Options:

User may access to the Mobile App or other information and material as available on the Mobile App, as a guest user, without any requirement of registration. User can do research and compare the products available on the Mobile App as per their convenience. Certain features and information are available on Mobile App for all users called ‘guest user’ who do not need to register or create any account on Mobile App. However, services to Guest User are limited in the sense that not all the features or functionality are available until the User is registered/create an account on Mobile App or provide certain personally identifiable information.

To avail the certain features, not available for Guest User, you need to register/create an account by providing certain details e.g. Your name, contact details, email id etc. (also known as “Your Information”). Once You register with Mobile App and provide Your Information and complete the process of registration, MITHRON set up an account by providing login id and password (“Your Account”) which is unique to You. Subject to Your compliance with account creation guidelines and any other applicable law, rule, MITHRON recognizes You as a registered user (Registered User) and You can log in into Your Account and avail the Services and access to other features and information not available to guest users.

If You use or access Our Mobile App or avail any Services through or at Mobile App as a Registered User, You acknowledge and agree that You shall be solely responsible for maintaining the confidentiality and shall not disclose the details of Your Account to any other person and that any activity occurred under Your Account shall be Your responsibility.

You agree that when You provided Your Information while registering/creating Your Account with Us, you shall not provide any information which untrue, false, inaccurate or not current and shall not use the details of any other person, or another user’s account. MITHRON has a right to suspend/delete Your Account or can limit/deny the access to the Mobile App or Services, any time if Your Information is found to be untrue, false, inaccurate, not current or pertains to another user’s account.

You agree that collection, storage, sharing or disclosure of Your Information that You provide to Us either as a guest user or Registered User or otherwise shall be governed by the Privacy Policy of MITHRON, incorporated herein by way of reference.

7) User’s Obligation:

Subject to the compliance with all applicable laws, rules and terms and conditions of this Agreement according to legal provisions applicable to India, MITHRON grants the User a limited, non-exclusive, non-sub-licensable, non-transferable, revocable and limited permission to access and use the Mobile App and avail the Services provided through or at the Mobile App.

You acknowledge, agree and undertake that the Your use of the Mobile App shall be strictly governed by this Agreement including Term of Use and the following binding principles:

You shall not use or access the Mobile App or avail the Services by any means other than through the interface that is provided by MITHRON.

When You use the Mobile App or Mobile App and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content or User Content that:

  1. belongs to another person and to which the User does not have any right to;

  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

  3. harms minors in any way;

  4. infringes any patent, trademark, copyright or other proprietary rights of any people or any organisations;

  5. violate any applicable laws or regulations for the time being in force within or outside India;

  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

  7. impersonate another person or entity;

  8. contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;

  9. threatens the unity, integrity, defence, security or sovereignty of India, as well as its 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 of any other nation;

  10. is misleading in any way or shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline in India for the time being in force.

  11. engage in any activity that interferes with or disrupts access to the Mobile App or the Services available through or at the Mobile App and shall not attempt or involve in the transmission of “junk/phishing mail”, “chain emails / letters”, “spamming” or “unsolicited mass mailing”.

  12. attempt to gain unauthorized access to any other user’s account, Mobile App any portion or Feature of the Mobile App, any other systems or networks connected to the Mobile App, or any computer resource / servers, of MITHRON connected with the Mobile App to provide the Services. You shall not access the Mobile App, Features or any of the Services offered on or through the Mobile App, by hacking, password mining or any other illegitimate means or through automated means including robot, deep link, page scrape;

  13. You shall not probe, scan or test the vulnerability of the Mobile App or any network connected to the Mobile App, nor disrupt, interfere, breach the security or authentication measures on the Mobile App or any network connected to the Mobile App or cause any harm to the Mobile App, system resources, servers of MITHRON connected to or accessible through the Mobile App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Mobile App, or any other customer of MITHRON, including any other Account on the Mobile App not owned by You, to its source, or exploit the Mobile App or Service or information made available or offered by or through the Mobile App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Mobile App;

  14. use the Mobile App or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of MITHRON or other third parties;

  15. 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;

  16. violate any code of conduct or other guidelines, terms of this Agreement which may be applicable for or to any particular Service or all the Services encompassed in this Agreement;

  17. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name, trade name or domain name used by Us or otherwise engage in any conduct or activity that might spoil the image or reputation of MITHRON or buyers/sellers on Mobile App or otherwise.

8) Audit:

MITHRON at all times reserves its right, but not an obligation, to audit the Content, User Content, Features available on Mobile App or any other material or information posted/uploaded by the User. If at any time, in sole discretion of MITHRON, MITHRON determines that any Content/User Content or any other material or Feature of the Mobile App is in contravention of any law for the time being in force or spirit of the terms and conditions of this Agreement or violates the privacy of any person, then MITHRON may either remove or edit or block such material without any notice.

Though MITHRON does not pre-screen the User Content, yet that MITHRON and its designees shall have the right (but not the obligation) in their sole discretion to accept, refuse, move, or remove any Contents that are available via the Mobile App.

Notwithstanding the above-said right, you acknowledge and understand that all User Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User Content originated. This means that You, and not MITHRON, is entirely responsible for all User Content that you have provided MITHRON with, in order to upload, post, transmit or otherwise make available via the Mobile App. You further acknowledge and agree that these User Content does not necessarily reflect the views of the MITHRON nor MITHRON endorse any such User Content.

Further to this it is informed that MITHRON may share the information pertaining to such instance (with or without demand) with Government agency for the purpose of verification of identity of User, or for prevention, detection, investigation, prosecution and punishment. Therefore, it is advised to You that You should not involve in any such activities or use which violate any applicable law, rules, regulation or breach the terms and conditions of this Agreement.

 

9) Links to third party Mobile Apps and third-party content:

a) Collection of User Information

Through the MITHRON INDIA SMART SERVICES PVT LTD Mobile App will collect the following information:

Through to contact form on the Mobile App: MITHRON INDIA SMART SERVICES PVT LTD collects and stores the information you provide when you send it to MITHRON INDIA SMART SERVICES PVT LTD. When you send an email to any of the addresses indicated on our Mobile App: MITHRON INDIA SMART SERVICES PVT LTD collects and stores the information you provide when you send it to MITHRON INDIA SMART SERVICES PVT LTD.

We may collect personally identifiable information that is, information which can either directly or indirectly identify a person when you specifically and knowingly provide it to us. This policy informs the user that MITHRON INDIA SMART SERVICES PVT LTD uses YouTube API Services as an online resource to which our Mobile App may link or otherwise reference that you may access through our Mobile App (“Third-Party Services”). Therefore, our Mobile App utilizes the YouTube API Services, and you are agreeing to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms), Privacy Policy (http://www.google.com/policies/privacy), and API Services Terms of Service (https://developers.google.com/youtube/terms/api-services-terms-of-service) when engaging YouTube content and services through our Mobile App. We take no responsibility for the content or privacy practices of any Third-Party Services. We encourage you to carefully review the privacy policies of any Third-Party Services you access.

Our Mobile App may contain, hyperlinks to Mobile Apps operated by parties other than Mithron or, third party information such as product, product description, catalogue, dealer’s details, news, videos and photographs and any other data made available by the third party also known as “Third Party Content”. The provisions of Third-Party Content are for general information purpose only.

MITHRON makes reasonable efforts to ensure that the details provided on our Mobile App is accurate, however, MITHRON does not control such Third-Party Content and therefore shall not be responsible for any loss or damages resulting out of the use of Third-Party Content.

The inclusion of Third-Party Content to Our Mobile Apps does not imply Mithron 's certification or endorsement of such Mobile Apps nor any association with their operators. MITHRON or its affiliates or associates or its employees do not provide any judgment or warranty in respect of the authenticity or correctness of the Third-Party Content of such other services or sites to which links are provided. A link to another service or Mobile App is not an endorsement of any products or services on such site or the Mobile App. You shall be solely responsible for any or all the consequences that arise out of your use of such Third-Party Content or hyperlinks to other Mobile Apps.

On the Mobile App, Google, as a third-party vendor, uses cookies to serve ads. Google’s use of the DoubleClick DART Cookie enables it to serve ads to the Mobile App’s users based on their visit to the Mobile App and third-party Mobile Apps. For more information on the DART Cookie see: http://www.google.com/privacy ads.html. You may opt out of the use of the DART Cookie by Google by visiting the Google Ad and Content Network Privacy Policy at: http://www.google.com/privacy_ads.html.

You may opt out of targeting advertising for all NAI member ad networks by visiting: http://www.networkadvertising.org/. By publishing an ad on the Platform, you acknowledge and agree that the Content is public and accessible by any third party and that they may appear in search engine results (such as Yahoo!, MSN, Google, Altavista, and other search engines) and in the cache of those search engines, in feeds and third-party Mobile Apps pursuant to co-branding agreements, and that it is the sole responsibility of each of those search engines, third-party Mobile Apps or RSS web feed resources to update and/or to remove Content from their indexes and their cache. You agree and acknowledge that MITHRON is not liable for the information published in search results or by any third-party Mobile App that carries MITHRON postings.

10) Fees & Payments:

Access to Mobile App is free and Users (Registered or Guest) can browse the information/products and avail the Services free of charge. However, MITHRON, reserves the right, and may levy certain charge and fees in the future. You agree to pay any such fee as may be applicable to the Services or Product that You avail and those communicated to you by the MITHRON.

Taxes: You are responsible for paying all fees associated with the use of the Mobile App and You agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

You shall be responsible for all Your Fee and Payment related obligations and MITHRON reserves the right to suspend the Services/Account or terminate the membership in case You do not fulfil Your payment related obligations in full. We also reserve the right to take legal action in case of non-payment of fees.

You acknowledge and agree that You shall not use the details of credit card/debit card/net-banking or any other payment instrument which is not lawfully owned by You.

MITHRON, from time to time, may contact with third party payment processing service providers to facilitate payment of orders that You place on our Mobile App which includes banks, financial institution etc. You shall be responsible and abide by all rules/regulations/guidelines as issued and applicable to online payments.

When You make the payment through third party payment gateway, such third party process Your Payment to MITHRON, provided You comply with all applicable rules and regulations. MITHRON shall not be responsible for any failure/decline in making payment due to any reason (including without limitation exceeding limit, wrong details etc.) as MITHRON does not control such third parties.

11) License, Mobile App Access & Modification

License and Mobile App Access: Subject to the compliance with all applicable laws, rules and terms and conditions of this Agreement and/or Additional Terms, MITHRON grants the User a limited, non-exclusive, non-sub-licensable, non-transferable, revocable and limited permission to access and use the Mobile App and avail the Services provided through or at the Mobile App, subject to the following conditions:

The license shall not include:

  1. any resale or commercial use of this Mobile App or its Contents; or

  2. any derivative use of this Mobile App or its Contents;

You, your partners, your employees, your agents or any other person associated with you personally or professionally, may not, with or without compensation, prepare any derivative works from, or sell, lease, license, e-mail, reproduce, duplicate, copy, resell, republish, transmit or distribute or otherwise exploit for any commercial purpose via any media, now known or unknown, any Contents from this Mobile App to any other entity or individual.

No Contents or information on the Mobile App may be reproduced in any form or incorporated into any internet web-site or any other information retrieval system, either electronic or mechanical as well as otherwise. It is a condition of use of this Mobile App that you do not restrict or inhibit any other user from using this Mobile App.

You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MITHRON and/or our affiliates without the express written consent of MITHRON. You may not use any meta tags or any other "hidden text" utilizing MITHRON’s name or trademarks without the express written consent of MITHRON.

Any software that is available on the Mobile App is the property of MITHRON or its vendors. You may not use, download or install any software available at the Mobile App, unless otherwise expressly permitted by the Agreement or by the express written permission of MITHRON.

Any unauthorized use would result in termination of the permission and the license granted by MITHRON under this Agreement to you.

Modification: All information available on Mobile App is made available to you on best efforts basis, however, MITHRON does not guarantee nor assume any responsibility for the correctness of such information/data. MITHRON reserves the right to modify, suspend/cancel, or discontinue any or all sections, or service at any time without notice. In case the information which includes but not limited to pricing, description and any other information etc. is found to be not up to date or incorrect, MITHRON reserves the right to make modifications and alterations in the information contained on the Mobile App without notice. You agree that MITHRON shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Mobile App.

You expressly agree that any information provided on the Mobile App shall be used by You at Your risk. You are advised to hereby make proper enquiries and use the information provided on the Mobile App.

From time-to-time Mobile App may supplement its terms of use with Additional Terms pertaining to specific content. Such Additional Terms are hereby incorporated by reference into these Terms of Use.

12) Intellectual Property Right:

All text, graphics, audio, design and other works on the Mobile App are the copyrighted works of MITHRON or its licensors. Content on the Mobile App is for personal use only, unless permitted otherwise. Any alteration of the material or use of the material contained in the Mobile App for any commercial purpose is a violation of the copyright of Mithron and/or its affiliates or associates or of its third-party information providers.

Mobile App may contain also contain certain trade-marks, logos or service marks (“Marks”). These Marks are the proprietary to the MITHRON or its vendors/seller or respective third parties. You are not permitted to use the Marks, in any manner, without first obtaining the written permission of the MITHRON or its vendor or third party that own and control the Marks.

YOU ACKNOWLEDGE AND AGREE THAT THROUGH YOUR USE OF MOBILE APP OR BY AVAILING ANY PRODUCT OR SERVICES THROUGH OR AT MOBILE APP, NO RIGHT EITHER EMPRESS OR IMPLIED IS GRANTED TO YOU IN RESPECT OF SUCH CONTENT. MITHRON RESERVES THE RIGHT TO CHANGE OR MODIFY THE CONTENT FROM TIME TO TIME AT ITS SOLE DISCRETION.

You further acknowledge and agree that You shall not copy, reproduce, republish, upload, post, transmit or distribute, the Content available on the Mobile App, in any way without obtaining the prior permission from MITHRON or its licensors. All responsibility and liability for any damages caused by downloading of any data is disclaimed.

It is clarified that any use of the Mobile App, Content, Marks or other intellectual property rights of MITHRON, in contravention of the terms of this Agreement or any applicable law shall constitute the infringement of such intellectual property right of MITHRON or their respective third party, upon which MITHRON or third party may initiate the appropriate legal proceedings against the User.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, MITHRON owns all intellectual property rights to and into the trademark "Mithron ", and the Mobile App, including and not limited, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions for which patents are pending, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER TO THE USER, ARE RESERVED EXCLUSIVELY TO MITHRON.

13) Disclaimer of Warrant and Liability:

ALL CONTENT, USER CONTENT, THIRD PARTY CONTENT OR INFORMATION PERTAINING MOBILE APP OR ANY PRODUCT / SERVICES ARE PROVIDED TO YOU ON “AS IS” BASIS AND 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.

WHEN YOU ACCESS THE MOBILE APP OR AVAIL ANY PRODUCT OR SERVICES AT OR THROUG MOBILE APP, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THIS MOBILE APP. WITHOUT LIMITING THE FOREGOING, MITHRON AND ITS AFFILIATES, AGENTS, AND LICENSORS MAKES NO WARRANTY THAT:

  1. THE MOBILE APP OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE MOBILE APP OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;

  2. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MOBILE APP OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE;

  3. THE QUALITY OF THE MOBILE APP OR SERVICES WILL MEET YOUR EXPECTATIONS; OR

  4. ANY ERRORS OR DEFECTS IN THE MOBILE APP OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MITHRON OR THROUGH THE MOBILE APP / CONTENT OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

  5. MOBILE APP WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THIS MOBILE APP WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND OTHER CODES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES. MITHRON AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THIS MOBILE APP BY YOU OR ANY THIRD PARTY.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, MITHRON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED RELATED TO MOBILE APP, CONTENT, USER CONTENT, PRODUCT SERVICES, THIRD PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHT, LIBEL, PRIVACY PUBLICITY, OBSCENITY OR OTHER LAWS APPLICABLE TO INDIA FOR THE TIME BEING IN FORCE. MITHRON ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD-PARTY CONTENT.

ANY MATERIAL, CONTENTS, SOFTWARE OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED FROM THE MOBILE APP IS SUBJECT TO THIS AGREEMENT AND DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL MITHRON IS NOT LIABLE ON THE AUTHENTICITY OF SUCH DATA/INFORMATION.

WITHOUT PREJUDICE TO THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL MITHRON BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS TO INDIA MITHRON 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 MOBILE APP OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT IF YOU PURCHASE/DOWNLOAD THE MOBILE APP FROM OTHER THIRD-PARTY SERVICE PROVIDERS (e.g. GOOGLE PLAY STORE, APPLE ETC.), THEN NEITHER MITHRON NOR ANY THIRD-PARTY SERVICE PROVIDER SHALL BE HELD LIABLE FOR ERROR OR FAILURE ON THE PART OF THE MOBILE APP TO FUNCTION PROPERLY. YOU SHALL FOLLOW THE RULES/GUIDELINES BEFORE DOWNLOADING/INSTALLING THE MOBILE APP AS RECOMMENDED BY THIRD PARTY SERVICE PROVIDERS.

14) Indemnification and Limitation of Liability:

Indemnity: You agree to indemnify, defend and hold harmless MITHRON, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractor and agents (herein after individually and collectively referred to as "Indemnified Parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Parties that arise out of, result from, or in connection with

  1. Your breach of the Agreement(s); or

  2. any claims made by any third party due to, or arising out of, or in connection with, Your use of the Mobile App; or

  3. any claim that any Content / User Content / Third Party Content, information or materials provided by You caused damage to a third party; or

  4. Your violation of any rights of another, including any intellectual property rights.

MITHRON may notify You of any claims which You shall be liable to indemnify MITHRON against. You will then be required to consult with MITHRON regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of MITHRON without the express prior written consent of MITHRON which can be withheld or denied or conditioned by MITHRON in its sole discretion.

Limitation of Liability: MITHRON assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

  1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Mobile App;

  2. Any interruption or errors in the operation of the Mobile App.

Notwithstanding anything to contrary in the Agreement(s), in no event shall MITHRON, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to you for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not MITHRON has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Mobile App, Services, Content, User Content or Third Party Content.

MITHRON entire and aggregate liability to You under and in relation to these Terms of Use or otherwise shall not exceed the greater of Indian Rupees One Hundred Only (INR 100/-) or the amount of fees, if any, paid by You to MITHRON under the relevant order to which the cause of action for the liability relates.

15) Platform for Communication:

This Mobile App is only a platform to facilitate the interaction between the Users of the Mobile App and provided an opportunity to browse the products and Services and conclude the transactions. Hence, this Mobile App works like an Intermediary only, who provides an online marketplace to its Users, in terms of Information Technology Act, 2000 and further as amended from time to time.

Therefore, MITHRON is not and cannot be a party to or control in any manner any transaction between two Users of the Mobile App. Consequently:

  1. All commercial/contractual terms are offered by and agree to between the Buyer and Seller alone.

  2. MITHRON is not responsible for any non-performance or breach of any contract entered into between Users which includes Registered User or Guest User. MITHRON cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Mobile App.

  3. You further agree and acknowledge that MITHRON is only a facilitator / aggregator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of products/Services on the Mobile App. MITHRON is not the seller of the products. Accordingly, any contract for the sale / purchase of products/Services on the Mobile App is a bipartite contract between Buyer and Seller.

  4. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.

You release and indemnify MITHRON and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, MITHRON cannot control the information provided by other Users which is made available on the Mobile App. You may find another User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Mobile App. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence.

In addition to this, and being an Intermediary, you acknowledge and agree that when You interact with MITHRON through Mobile App or send any data/email/message or communicate otherwise, you are communicating with MITHRON through electronic means and gives Your consent to receive communication through electronic means periodically and as and when required.

16) Report Abuse & Your Feedback:

MITHRON advises its Users, not to post or upload anything which is abuse of the Mobile App or violate any terms of this Agreement. MITHRON also prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. If You come across any such instance of abuse of violation or any content which is objectionable content or further if You believe that any material/information/post/feedback is infringement of any intellectual property right of You or any other person, You shall inform the same to MITHRON and MITHRON is committed to take appropriate action including validation of Your information and remove/modify the content if necessary, which is in breach of the Terms of Use or any other applicable law to India according to prevalent set of circumstances.

Email Abuse and Threat Policy: Private communication including email correspondence is not regulated by the MITHRON. MITHRON advises its Users not to use/send any such email. Any such reported instance will be investigated and MITHRON will take appropriate measures which may include taking legal steps, if required to stop such practices.

Your Feedback: When You share any feedback or post any comment including User Content on Mobile App, it is deemed Non-Confidential. MITHRON is at liberty to use any such feedback or User Content and You represent that:

  1. Your feedback does not contain confidential or proprietary information of You or of third parties;

  2. MITHRON is not under any obligation of confidentiality, express or implied, with respect to the feedback;

  3. MITHRON may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from MITHRON for the feedback under any circumstances.

17) Arbitration:

You and MITHRON each agree that any and all disputes or claims that have arisen, or may arise, between You and MITHRON relating in any way to, or arising out of this or previous versions of the Agreement, or any other documents incorporated herein by way of reference or your use of or access to MITHRON's Services, or any products or Services sold, offered, or purchased through MITHRON's Services shall be referred to the sole arbitrator who shall be an independent and neutral third party and shall be appointed by MITHRON.

The place of arbitration shall be Cheyyar, Tamilnadu, India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996 and other applicable Indian laws which will be further as amended from time to time.

A party who intends to seek arbitration must first send to the other, through an appropriate channel, a completed form in of Notice of Dispute or referred as" Notice". The Notice to MITHRON must be sent to the address identified under clause 21 (Miscellaneous).

18) Miscellaneous:

Notice: Except as explicitly stated otherwise, any notices shall be given by postal mail/email

On behalf of MITHRON to:

Mithron India Smart Services Private Limited
Address: 33, Pillayar Koil street, Narmapallam, Cheyyar Taluk, Tiruvannamalai, Tamilnadu – 604407.
Email: greencare@mithronsmart.com

On behalf of User to

All notices with respect to these Terms of Use from MITHRON will be served to You:

By email or by sending a notice to the address which has been provided by you at the time of Registration or communicating with MITHRON or by general notification on the Mobile App.

Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. MITHRON’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by MITHRON to any third parties without the requirement of seeking Your prior consent. MITHRON shall have right to transfer Your Account and Account Information to a third party who purchases MITHRON’s business as conducted under the Mobile App.

Severability: If any clause of this Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Agreement.

Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or applicable laws to India or according to principles of natural justice. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

Independent Entities: You and MITHRON are independent entities, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency either disclosed or undisclosed, franchise, sales representation, or employment relationship between You and MITHRON.

Contacting You: By accessing Our Mobile App and/or availing any service or product at or through Our Mobile App, you give Your consent to Us as well as our associate partners which includes Dealers, financial institutions etc. to communicate with You through phone calls/SMS/email communication etc. regardless whether your number is registered in the National Do Not Call Registry (NDNC) or www.nccptrai.gov.in

19) Governing Law and Jurisdiction:

This Agreement or the documents incorporated herein by reference shall be governed and construed in accordance with the laws of India. Subject to Clause 20 (Arbitration) above, all disputes arising under this Agreement between You and MITHRON shall be subject to the exclusive jurisdiction of courts at Cheyyar, Tamil Nādu, India.

यह अनुबंध या यहां संदर्भ द्वारा शामिल किए गए दस्तावेज़ भारत के कानूनों के अनुसार शासित और माने जाएंगे। उपरोक्त खंड 20 (मध्यस्थता) के अधीन, आपके और मिथ्रोन के बीच इस समझौते के तहत उत्पन्न होने वाले सभी विवाद चेय्यार, तमिलनाडु, भारत के न्यायालयों के अनन्य क्षेत्राधिकार के अधीन होंगे।.

இந்த ஒப்பந்தம் அல்லது இங்கு இணைக்கப்பட்டுள்ள ஆவணங்கள் இந்திய சட்டங்களின்படி நிர்வகிக்கப்படும் மற்றும் கட்டமைக்கப்படும். மேலே உள்ள ஷரத்து 20 (நடுத்தரம்) க்கு உட்பட்டு, உங்களுக்கும் மித்ரானுக்கும் இடையிலான இந்த ஒப்பந்தத்தின் கீழ் எழும் அனைத்து தகராறுகளும், இந்தியா, தமிழ்நாடு, செய்யாரில் உள்ள நீதிமன்றங்களின் பிரத்யேக அதிகார வரம்பிற்கு உட்பட்டது.

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