Terms of Use | Microbird

MICROBIRD SOLUTIONS PRIVATE LIMITED with its registered office at 2-191, Bhima Rao Nilayam, Ramalayam Street, MPUP School, Yendada, Rushikonda, APIIC, Visakhapatnam-530045, Andhra Pradesh and Corporate office at 3rd Floor, Flat No. 3, Plot No. 10, Shri Shirdi, Sai Veterinary Colony, Sri Padmavathi Nilayam, Vishalakshi Nagar, Visakhapatnam, Andhra Pradesh 530043 is the creator, owner and publisher of the platform, including but not limited to the website titled https://microbirdsolutions.com/ (hereinafter referred to as "Online Platform" or "Platform").

These terms of use ("Terms"), including the various policies incorporated by reference in these Terms, govern your access to and use of this Application and the underlying services provided by us.

Please read the Terms and Conditions set out herein carefully and in their entirety. Please also acknowledge the Privacy Policy which may be separately set out on the Online Platform. If you do not agree to be bound by all the Terms set forth herein, you are not authorized to use or access the services of the Online Platform.

1.0 In these terms, unless the context otherwise requires, references to:

→1.12 "We", "we", "Us", "us" or "MicroBird" shall mean MICROBIRD SOLUTIONS PRIVATE LIMITED, its affiliates, permitted assigns and partners, and the terms "Our" and "our" shall be construed accordingly;
→1.13 "You", "you", "User" or "user", shall mean any natural or legal person who has agreed to become an end user by accessing the Contents of the website, or using the website or the Services offered through the website, by providing some personal information.

2.0 Applicability of Terms

2.1 By accessing and/or using all or a portion of the Services, You acknowledge and agree that:

→You have read and understood the Terms;
→The provisions, disclosures and disclaimers set forth in the Terms are fair and reasonable;
→Your agreement to follow and be bound by these terms and conditions is voluntary and not the result of fraud, duress or undue influence exercised upon You by any person or entity;
→Written approval is not a prerequisite to the validity or enforceability of the Terms.

2.2 The Terms are governed by and comply with the provisions of applicable Indian law, including but not limited to The Indian Contract Act, 1872; The (Indian) Information Technology Act, 2000; and relevant IT Rules.

3.0 Modification of Terms

3.1 The Services and the Terms may be amended or deleted from time to time, at the sole discretion of the Company. You are advised to read the Terms regularly. Your continued use of the Online Platform following any such modification constitutes your agreement to follow and be bound by the Terms so modified.

3.2 If you do not agree to any changes in the Terms as they may occur, your continued right to access and use the Platform and/or the Services shall immediately terminate.

3.3 These Terms allows the Company to access Registered Users' contact information for communication purposes so as to provide you with the Services and/or to obtain feedback.

4.0 Conditions of Use

→4.1 You must be 18 years of age or older to access or avail the Services in any manner.
→4.2 Whilst the Services are not intended to be used by minors, parental control tools are recommended to supervise use by minors.
→4.4 The Services are provided to you only for your personal, non-commercial use. You shall not resell the products ordered from the Platform.
→4.5 You shall not register on the Platform or use its Services on behalf of any third party or entity.
→4.7 You agree that the access you have been granted prohibits you from using the Services for any illegal or unauthorized purpose.

5.0 Registration

5.1 To fully avail the Services of the Website, registration is required. Users who do not want to register with Us can check out as a guest and purchase the Products.

5.2 Information collected about you is subject to our Privacy Policy. You are solely responsible for protecting the confidentiality of Your username and password.

5.3 By using this Website, you agree and consent to receiving calls, auto dialled and/or pre-recorded message calls, e-mails and SMSs from us. You may opt out by emailing microbirdsolutions@gmail.com.

6.0 Limited Use

6.1 The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained through the Platform.

7.0 Reward Points

7.1 - 7.16 The acquisition, redemption, and withdrawal of Reward Points are subject to specific terms, conditions, and eligibility criteria as outlined in the Program on our application. Reward Points are non-transferable and users must adhere to withdrawal limits, tax liabilities, and KYC verification rules.

8.0 Termination

8.1 Termination by User: You have the option to terminate this Agreement at any time by deleting your Account and discontinuing all usage of the Platform.

8.2 Termination by Company: We reserve the right to disable or terminate your user account at any time for non-compliance or potential harm to the Services.

9.0 Your Obligations

You agree that you are solely responsible to us and to any third party for any breach of Your obligations under the Terms of Use. You agree to provide correct and accurate credit/debit card details for availing Services.

10.0 Reviews, Feedback and Data Retention

You are solely responsible for the information and content that you choose to submit to the Company on the Platform. You agree not to post content that infringes Intellectual Property, violates laws, or is defamatory.

11.0 Intellectual Property Rights

The Services, content, Software, and methodologies are protected by Indian copyright laws and belong exclusively to the Company. You may not alter, modify, decompile, or create derivative works from the Company Intellectual Property.

12.0 Limitation of Liability

Your access to and use of the Services or any Content are at your own risk. Services are provided "AS IS" and "AS AVAILABLE".

To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues.

13.0 Indemnification

You agree to indemnify and hold harmless the Company and its officers from any charges, damages, losses, costs, and expenses due to any violation by you of the Terms.

14.0 Force Majeure

The Company will not be responsible for a breach of the Terms resulting from acts of war, floods, pandemics, electrical or internet failures, government restrictions, or other events outside our reasonable control.

15.0 Invalidity & 16.0 Severability

If any provision gets held invalid or unenforceable, it shall be severed, and the remainder of the provisions shall continue in full force and effect.

17.0 Governing Law and Jurisdiction

These Terms shall be governed by Indian law. Disputes shall first be attempted to be resolved amicably. If unresolved, they shall be referred to arbitration in Visakhapatnam, Andhra Pradesh, India, conducted in English under the Arbitration and Conciliation Act, 1996.

18.0 General

The Company's failure to enforce any right does not waive it. These Terms constitute the entire agreement. You may not assign any rights under these Terms, but the Company may freely assign its rights.