Effective as of 26 April 2023
2. The Battery Vyapar Service Provided by us
3. Content and Intellectual Property Rights
6. Contact Us regarding Customer Support, Information, Questions and Complaints
Please read these Terms of Use (these "Terms" "Terms and Conditions") carefully as they govern your access to Battery Vyapar's personalized services for battery businesses and other content, including all of our websites and software applications that incorporate or link to these Terms (collectively, the "Battery Vyapar Service") and any stocks, QR Codes, Bills, or other material that is made available through the Battery Vyapar Service (the "Content").
These Terms along with the Refund Policy published on the Platform ("Refund Policy") and the Privacy Policy published on the Platform ("Privacy Policy") and other policies (as may be notified/displayed/published on the Platform) constitutes the contract between the Users of this Platform and the Battery Vyapar (collectively "Agreement").
The Agreement is applicable to any person when they download, install or access any part of the Platform or utilise the Services, such persons are referred to as users, which include without limitation users who are Factory owners, Dealers, Shopkeepers, Customer, other purchaser or contributors of content (collectively, "User").
The Agreement between User and Battery Vyapar is effective on the date on which the app is downloaded or Website is accessed and/or the date on which terms of Agreement are updated and/or the date on which these terms become effective, creating a legally binding arrangement between the User and the Battery Vyapar. By use of the Platform, Users agree to be bound by these Agreement as posted on the Platform from time to time.
Battery Vyapar does not permit users to avail the Services on the Platform without prior registration. Users may access the Application by registering to create an account and become a member. The membership is subject to this Agreement and strictly non-transferable.
The Services on the Platform shall be availed by User(s) who can form legally binding contracts under Indian Contract Act, 1872 and are at least eighteen (18) years of age or have parent/guardian consent if User(s) are below eighteen (18) years of age.
The Battery Vyapar reserves the right to terminate the User's account and/or deny access to the Platform if it is brought to the Battery Vyapar's notice or if it is discovered that the User does not meet the conditions herein. Users accessing or using the Platform represent and warrant that they have the right to access or use the Platform.
The Users are required to enter a valid phone number while registering on Platform. By such registration, User consents to be contacted by Battery Vyapar via phone calls, SMS notifications, instant messages, in-app messaging or other such means of communication inter alia for subscription/services/promotional updates etc. Users will able to 'opt out' of such subscription/service/promotional updates.
It is the responsibility of the Users to provide correct phone number so that the Battery Vyapar can communicate with the Users via SMS. The Users understand and agree that if the Battery Vyapar sends an SMS, but the Users do not receive it because the Users' phone number is incorrect or out of data or blocked by the User's service provider, or the Users are otherwise unable to receive SMS, the Battery Vyapar shall be deemed to have provided the communication to the Users effectively. In this process, an SMS is sent to the provided phone number, so the standard rates for SMS can be applied to you by your mobile service provider. To learn more, you can check/contact your mobile service provider regarding this.
It is the User's responsibility to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
The Battery Vyapar reserves the right to suspend or terminate the account or access to Services (or any part thereof) on the Application including blocking any amounts due to the User and associated account without notice and the Users will remain liable for all amounts due up to and including the date of termination, if:
Having an account on the Platform gives authenticity to the actions of the User. It means that the User is solely responsible for all activities that occur under its account. Any and every activity undertaken by a User under his/her account shall be the sole responsibility of such User and the Battery Vyapar shall not be liable for such activity in any manner. Hence it shall be the responsibility of the User to treat the user identification code, pin, password and any other piece of information that is provided by the Battery Vyapar, as part of the security procedures, as confidential and not disclose the same to any person or entity other than the Battery Vyapar.
User acknowledges and agrees that having an account on Platform does not grant it any rights on Platform not specifically granted to them by the Battery Vyapar, and that the User has no ownership or other interest in the account. The User understands that all rights in and to the account are and shall forever be owned by and inure to the benefit of the Battery Vyapar.
The User should immediately notify the Battery Vyapar of any unauthorised use of their account or any other breach of security that they become aware of.
When the User performs the registration of the new factory, he/she may or may not receive a fixed amount of batteries as a Welcome bonus. The Welcome bonus can only be decided by the Battery Vyapar. The Welcome bonus is strictly non-refundable. See the refund policy to learn more.
Users can also take subscriptions in this app. These subscriptions are needed for:
Users may or may not also receive single or multiple offers on subscriptions. The offers can only be decided by Battery Vyapar. All subscriptions of any manner are strongly subjected to our refund policy. Users are therefore advised to read it completely before taking any subscriptions or refunds.
Battery Vyapar only recognizes genuine subscriptions, i.e. those strictly made through our registered platforms like the app, website, customer services, etc. Unregistered services include downloading a pirated version of the app from a third-party website/vendor or making payment on websites other than batteryvyapar.com or batteryvyapar.in. In these cases, Users are solely responsible for any fraud, misleading information, invalid transaction, or something similar that results in financial losses.
The Battery Vyapar reserves the right to suspend the Subscriptions or Services in this app with respect to certain category of Eligible Users or to all Eligible Users temporarily or permanently at any time, with or without notice, and without assigning any reason.
The Battery Vyapar reserves the right at any time to modify, withdraw or terminate the Subscriptions or Services in this app including any feature or aspect thereunder at its sole discretion, with or without any notice and without any liability or obligation in this regard (including without limitation on account of any queries or concerns raised by any regulatory authority or for ensuring compliance with applicable laws) in which case there shall not be any liability upon the Battery Vyapar to allow any Eligible User an opportunity to use and the Eligible Users shall have no entitlement with respect to redemption in such case.
The Battery Vyapar reserves the right to provide the offers or welcome bonus to only a selected number of Users on the basis of some factors and eligibility criteria as may be deemed relevant and determined by the Battery Vyapar, at its sole discretion. The Battery Vyapar also reserves the right to may provide different subscription rates to each or some Users. This depends on several factors which are only determined by Battery Vyapar.
Battery Vyapar has put strict and serious effort in the way that there should be no mistakes in this app regarding its stock/bill/claim management. If however, any mistake has been found, the Battery Vyapar aims to correct it but has no time limits/boundations. The Battery Vyapar has no responsibility of any kind regarding incorrect, corrupted or misleading data of stock/bill/claim or else.
Users can however send feedback and suggestions to Battery Vyapar by contacting us regarding app issues or experiences so that we can make better our services for everyone.
Our app provides the feature to back up and restore your data. When Users back up their data then, the app asks for the password. This password should be unique per User and this password is required to restore the data. Battery Vyapar therefore, advises Users to store the password in a safe place, so that they can be able to restore their data. If Users forget their password, it means that Users are unable to restore their data. The Battery Vyapar is not responsible for the loss of any data.
Users should also note that backup data doesn't mean that their data has been deleted. To delete their data, Users have to contact us.
Battery Vyapar users may post, upload, or otherwise contribute content to the Battery Vyapar Service ("User Content"). For the avoidance of doubt, "User Content" includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the Battery Vyapar Service (including to the Battery Vyapar Support Community) by users. You are solely responsible for all User Content that you post.
You promise that, with respect to any User Content you post on Battery Vyapar,
you own or have the right to post such User Content;
User Contentis not misleading in any way;
User Content is not patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
User Content not harasses and not advocates harassment of another person;
User Content not involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
User Content not promotes illegal activities and not conduct that is abusive, threatening, obscene, defamatory or libellous;
User Content not infringes upon and not violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
User Content not promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
User Content not contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
User Content not provide material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
User Content not provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
User Content not contains photographs or images of another person (with a minor or an adult).
User Content not violates any law for the time being in force and not impersonate another person
User Content not harm minors in any way;
such User Content, or its use by Battery Vyapar pursuant to the permission granted below, does not:
violate these Terms, applicable law, or the intellectual property or other rights of any third party; or
such User Content does not imply any affiliation with or endorsement of you or your User Content by Battery Vyapar or any image creator, label, or other individual or entity without the prior express written consent from Battery Vyapar or such individual or entity.
You retain ownership of your User Content when you post it to the Service. However, in order for us to make your User Content available on the Battery Vyapar Service, we do need a limited permission from you to that User Content. Accordingly, you hereby grant to Battery Vyapar a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide permission to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Battery Vyapar Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
Battery Vyapar respects intellectual property rights and expects its users to do the same. If you are a copyright holder and you believe that any of the copyrighted material, which is directly available via the Battery Vyapar Service infringes your copyrighted work, please let us by know.
If any of Battery Vyapar Users find any content violates these terms should immediately notify us by contacting us. We try to take the appropriate action on that content and its owner as soon as possible.
These Terms will continue to apply to you until terminated by either you or Battery Vyapar. Battery Vyapar may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Battery Vyapar Service at any time if we believe you have breached any of these Terms, if we stop providing the Battery Vyapar Service or any material component thereof on reasonable notice to you, or as we believe necessary to comply with applicable law. If you or Battery Vyapar terminate these Terms, or if Battery Vyapar suspends your access to the Battery Vyapar Service, you agree that Battery Vyapar shall, subject to applicable laws, have no liability or responsibility to you, and (except as expressly provided in these Terms) Battery Vyapar will not refund any amounts that you have already paid. You may terminate these Terms at any time, in which case you may not continue accessing the Battery Vyapar Service. To learn how to terminate your Battery Vyapar account, please contact us. All the sections herein, as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms, shall survive termination.
Battery Vyapar will provide the Battery Vyapar Service using reasonable care and skill and in accordance with any specification of the Battery Vyapar Service provided by Battery Vyapar, however, subject to that, the Battery Vyapar Service is provided "as is" and "as available," without any warranties of any kind, whether express, implied, or statutory. Further, Battery Vyapar and all owners of the content disclaim any express, implied, and statutory warranties regarding the content, including warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither Battery Vyapar nor any owner of content warrants that the Battery Vyapar Service or content is free of malware or other harmful components. In addition, Battery Vyapar makes no representation regarding, nor does it warrant or assume any responsibility for, any third-party applications (or the content thereof), user content, devices or any product or service advertised, promoted or offered by a third party on or through the Battery Vyapar Service or any hyperlinked website, and Battery Vyapar is not responsible for any transactions between you and any third-party providers of the foregoing. No advice or information whether oral or in writing obtained by you from Battery Vyapar shall create any warranty on behalf of Battery Vyapar. While accessing the Battery Vyapar Service, you may have access to explicit content filtering features, but use of these features may still result in some explicit content being served and you should not rely on such features to filter all explicit content. Content may be directly updated/uploaded on the Battery Vyapar Service by a third party and therefore we make no warranty that you will not come across content that might not suit your sensibilities and might be considered inappropriate by you. In such a scenario, you are free to discontinue or opt not to view/use such content. This section applies to the fullest extent permitted by applicable law.
Subject to applicable law, you agree that your sole and exclusive remedy for any problems or dissatisfaction with the Battery Vyapar Service is to uninstall any Battery Vyapar software/app and to stop accessing the Battery Vyapar Service. You agree that Battery Vyapar has no obligation or liability arising from or related to third-party applications or the content thereof made available through or in connection with the Battery Vyapar Service.
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, these Terms are not intended to grant rights to anyone except you and Battery Vyapar, and in no event shall these Terms create any third-party beneficiary rights.
You agree to indemnify and hold Battery Vyapar harmless from and against any reasonably foreseeable direct losses, damages, and reasonable expenses (including reasonable attorney fees and costs) suffered or incurred by Battery Vyapar arising out of or related to: (1) your breach of any of these Terms (including any additional Battery Vyapar terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Battery Vyapar Service; and (4) your violation of any law or the rights of a third party.
The User shall not hold the Battery Vyapar responsible and the Battery Vyapar disclaims any liabilities, losses, damages, expenses, claims or injury arising out of or in connection with: (i) the advertisements displayed on Platform; (ii) contents of the Advertisement; (iii) representations and statements made by the advertiser; (iv) subject matter of the Advertisements and the products/services referred thereunder (including without limitation on account of suitability, merchantability, reliability, availability or quality of the product/service); (v) Advertisement being misleading and/or not in compliance with applicable laws; (vi) contents/products of battery factories (including product title, description etc.), shops, dealers and other Users; and/or (vii) warranties/claim management on the batteries provided by this app;
User irrevocably agrees that the District Court of Lakhimpur Kheri (Uttar Pradesh, India | Pin Code: 262701) shall have non-exclusive jurisdiction to hear, settle and/or determine any dispute, controversy or claim (including any non-contractual dispute, controversy or claim) arising out of or in connection with this agreement, including any question regarding its existence, validity, formation or termination. For these purposes, User irrevocably submits to the jurisdiction of the District Court of Lakhimpur Kheri (Uttar Pradesh, India | Pin Code: 262701).
We may make changes to these Terms (including any additional Battery Vyapar terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means (before they take effect), including by posting a revised Agreement on the applicable Battery Vyapar Service (provided that, for material changes, we will seek to supplement such notice by notifications, sms, email, an in-app pop-up message, or other means). Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms, or other Battery Vyapar terms and conditions, incorporating such changes, or otherwise notified you of such changes. Your access of the Battery Vyapar Service following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue accessing the Battery Vyapar Service under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.
Other than as stated in this section or as explicitly agreed upon in writing between you and Battery Vyapar, these Terms constitute all the terms and conditions agreed upon between you and Battery Vyapar and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. As noted above, other terms and conditions governing access of the Battery Vyapar Service are incorporated herein by reference, including the Refund Policy.
Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law. Any failure by Battery Vyapar or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive Battery Vyapar's or the applicable third-party beneficiary's right to do so.
Battery Vyapar may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.
For any questions or concerns about these terms, contact us by any one of these ways:
Here are the definitions of some words (non-case sensitive) which were used above in this Terms of Use:
'App', 'This app', 'The app', 'Battery Vyapar App'- The original Battery Vyapar App which is distributed on Google Play Store. The link of whose is given on Download page.
'Service', 'This service', 'The service', 'Battery Vyapar Service'- The services provided by the Battery Vyapar app, website and other services which include a link to this Policy. These include Customer Service and the Help and Support.
'You', 'Your', 'User', 'Users', 'Party'- All refers to the User(s) of this service.
'We', 'Us', 'Our', 'Battery Vyapar'- The Battery Vyapar™
Battery Vyapar™, the Battery Vyapar logo and all other Battery Vyapar service marks are trademarks of Apploge. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Services are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Products is strictly prohibited. Battery Vyapar will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
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© 2023 Battery Vyapar™
Battery Vyapar™, the Battery Vyapar logo and all other Battery Vyapar service marks are trademarks of Apploge.