Terms And Conditions For Digital Devices

TERMS AND CONDITIONS FOR DIGITAL DEVICES

1. Introduction

Baatu Technologies Private Limited, a company incorporated under the provisions of the Companies Act, 2013, (hereinafter referred to as, “Company”), having its registered address at No. 9, 11/1, TG Comforts Arekere, Bannerghatta Road, Bengaluru, Karnataka 560076, is a company that is engaged in the sale of child friendly digital devices (hereinafter referred to as, “Devices”) to its Customers, which can be used to monitor, control and track the children’s activities and locations on the Devices and communicate with them by way of an Application, a platform which allows the parents to perform the aforesaid actions.

2. Agreement

The following Terms and Conditions (“T&C”), apply to the Devices provided by and through the Company and/or its subsidiaries and affiliates. The Application Form (defined hereinbelow), together with these T&Cs, constitute an agreement (the “Agreement”) between the Company and any party using the Devices or the Services (“User/Customer”) rendered by the Company as available on www.baatu.tech (the “Website”). The application form containing the details required to be filled by the Customer (“Application Form”) can be downloaded from the Website. Upon filling up of the Application Form provided by the Company, the Customer is deemed to have read, understood and accepted these T&C.

By registering or browsing or downloading or using or accessing any part of the Website or utilizing the services rendered by the Company, the Customer will be legally bound by these T&C. If the Customer does not agree with any of the terms of the T&C, he/she can refrain from accessing or using the Website.

The Company may at its sole discretion, alter, modify, add or delete the terms, partly or wholly, at any time, without giving you any notice which are necessitated from time to time on account of changes including but not limited to the Applicable Laws, evolution of technological standards such as enhancement in Device functions. The new and updated terms would be published on the Website. If any Customer disagrees with any changes made to the T&C, the Customer can refrain from accessing or using the Website and/or Device. Any use, subsequent to updating the T&Cs shall be considered as a consent to such change / modification / alteration.

3. Definitions

“Applicable Laws” means all applicable statutes, enactments, laws, ordinances, treaties, conventions, protocols, bye-laws, rules, regulations, guidelines, notifications, notices, and/ or judgments, decrees, injunctions, writs or orders of any court, statutory or regulatory authority, tribunal, board or stock exchange in the Indian jurisdiction as may be in force and effect during the subsistence of this Agreement, as may be applicable to each of the Parties.
“Application” means the mobile application, which is used to connect and synchronize with the Devices for the purpose of monitoring, filtering and tracking children’s activities and location on such Devices, and which is available for download on the Google Play Store for the Users.
“Application Form” means the form as available on the Website which is required to be filled in by the interested User prior to availing the Services of the Company using the Application upon downloading it on the Device.
“Devices” means the child friendly digital devices or wearables which the Company may develop or has already developed for the purpose of being in possession of the children in order to monitor, filter and track their activities and location by way of the usage of Application by the Users.
“Force Majeure Event” means any event beyond the reasonable control of the Company which prevents, hinders or delays the provision of Services by way of the Application and the Devices, including, without limitation, acts of God, explosion, flood, war, revolution, invasions, civil commotion, acts of public enemy, governmental orders, embargo, break out of epidemic, endemic, pandemic, bacterial/ viral infection break out, quarantine, restrictions, regulations, bylaws, prohibitions or such similar measures, acts of Parliament, State Legislature, strikes, lock outs or other industrial actions or trade disputes.
“Services” means the monitoring, filtering and tracking of the children’s activities and location, along with any other ancillary services which may be provided at the Company’s discretion, provided the children are in the possession and use of the Devices, by way of the Application, downloaded and being used by the Users on their smartphones.
“User/Customer” means the individual (a parent or a legal guardian of a child or children) or the group of individuals (parents or legal guardians of a child or children) who are purchasing the Devices and downloading, signing up and using the Application to avail the Services.

4. Commencement and Duration

These T&C are in full force and in effect, on and from the date on which the Customer submits the signed Application Form or otherwise completes the purchasing process of the Devices with the Company and shall remain in force until the Customer ceases to use the Devices.

The User understands and agrees that by availing the Services by way of the Application and Devices, provided by the Company, the User agrees to these T&C and all other relevant policies available on this Application and the Company’s website.

In the event, the User is not willing to accept these T&C and other relevant policies, the User shall refrain from accessing and using the Application on the Device for the purpose of availing any of the Services Provided herein.

5. Application to be installed

As a part of the process of monitoring the Devices’ activity, the Customer is required to download and install the Application developed by the Company under the name “Baatu”, from the Google Play store, that will enable the Users to synchronize the Application with the Device and monitor the Device, while the Device is in use by the minors.

6. On-boarding Requirements

In order to utilise the Services through the Application, the Users are mandated to connect the Device to the internet connection at all times to enable the Device function properly and appropriately, as per the protocols of Company’s User Services Platform (“USP”). This will enable the Users to have a constant synchronization between the Application and the Device which will further assist the User in having constant access to the Services, efficiently. The Company has maintained the on-boarding flow process for every User in order to establish and develop a secure and authenticated end to end connection which ensures security of the User’s information. Every User must adhere to such onboarding flow process which is mandated by the Company in order to enjoy the Services efficiently and optimally.

7. Customer Obligations

The Customer acknowledges and accepts, that they have read through completely, all the terms and conditions applicable to the Devices contained herein in these T&C, including in relation to prices and the benefits provided to the Customer, and agrees to be bound by and comply with the same. Should there be any other obligations as per the Application Form, the Customer acknowledges and accepts to be bound by the same.
The Customer acknowledges and accepts, to pay all the charges applicable to the Devices as per the price details updated on the Website and as per the payment/subscription plan opted by the Customer, abiding by the T&C contained herein.
The Customer acknowledges that they are aware of any additional costs that may be payable for additional benefits or Services, now or in the future, which may not be included with the Devices, at the sole discretion of the Company.
The Customer acknowledges that the Device is provided for his/her personal use only and will not resell or transfer the Devices to any third party.

8. Billing & Payment Charges

The Customer agrees to pay all charges applicable to the Devices as set out on the Website. Unless otherwise stipulated on the Website and in the order process, the Company’s delivery and administration charges are included in the final price payable for the Devices. Any charges or fees that will be added to the Device price will be visible to the Customer during the order process and before the Customer is placing the binding order.
Customers on instalment contracts will be billed with the instalment plan chosen subjected to the Device model.
The Customer acknowledges and agrees that he/she will have to make the following advance payments, to confirm the Device order:
1. full advance payment for the Device, if opting for one-time full payment option; and
2. applicable advance payment depending on the Device selected, if opting for an instalment contract.
For Customers who wish to pre-order the Devices, the advance payment mentioned in sub clause (c) above shall be made via the authorized payment gateway, to request for the Device on the date specified therein. The Company will reserve the Device for the Customer for a period of one 1 month from the time of submission of the Application Form (the “Reserved Period”). The Customer acknowledges and agrees that unless the advance payment is received by the Company within the Reserved Period, the Company cannot guarantee the entitlement of the Device for the Customer. For avoidance of doubt, even if the payment is deducted from the Customer’s account by the Customer’s bank, the Company will not have any liability to the Customer unless the payment is received by the Company within the Reserved Period. If the payment is received after the Reserved Period, the Company may at its discretion reject the Application Form and refund any amounts paid; or accept the payment and provide the Device for the Customer.
The Customer must notify the Company of any dispute concerning a bill within 2 days from the date of issue of such bill. Otherwise, the Customer is deemed to have accepted the bill.
Customer may cancel the order and request for refund in accordance with refund procedure available in the Website.
The Customer agrees to pay all charges for the Device within the timeframe and using one of the payment channels specified in the bill issued by the Company.
The Company has the right to suspend, disconnect or terminate any part or all of the Service in the event that the Customer’s payment is overdue or any applicable credit limit is exceeded. If the Device is offered as part of a bundle, the Company may suspend or disconnect any part or the whole of the bundle.
During the term of the contract period, the Customer acknowledges that if this Agreement is terminated for any reason, as per the terms and conditions contained herein, the Customer, while opting for instalment payment option, is liable to pay the remaining instalments in full.

9. Customer Information & Privacy

Before the subscription to the Devices, the Customer must satisfy the Company’s customer identification requirements and the privacy of the Customer would be maintained as per the Privacy Policy contained in the Website.

10. Device Warranty

The Customer will be awarded with a warranty period of 1 year for the Device, from the date of purchase.
Should the Device or any part thereof not function during the applicable warranty period, the Customer can take the Device to the relevant service centre. The relevant service centre will examine and determine in accordance with the warranty terms and the reasonable opinion of that service centre whether to repair or replace the particular component(s) of the Device or the Device itself.
The Customer acknowledges and agrees that all claims in relation to the Devices shall be made under the warranty of the Device, for the period mentioned hereinabove. The Customer cannot raise any claims, under any circumstance, in relation to the Device against the Company, on the expiration of the warranty period.
Any upgrade of the Devices shall be dealt with by the Company and the Customer shall bear any additional costs separately.

11. Privacy

All information collected from Users, such as registration details on the Application upon being downloaded on the Device shall be governed by the Privacy Policy which is available at Privacy Policy.

12.Termination by the Company

Subject to Applicable Laws and regulations the Company may terminate the Agreement immediately, without notice and without exposing itself to any liability, at any time, in the event that:
1. The Company has reasonable grounds to consider that the Customer has breached any provisions of the Agreement;
2. the Customer fails to pay any charges that fall due within the relevant timeframe;
3. The Company is required to do so under any Applicable Laws or regulations, or under any other regulatory requirements, or upon request by Government or regulatory or security or other competent authorities, or is required by necessity of an emergency situation;
The Company solely at its own discretion may notify the Customer and give him/her the opportunity to rectify the situation prior to termination of the Agreement.

13. Liability and Indemnity

The Customer is liable for and shall indemnify and hold harmless the Company against any loss or damage that the Company may incur due to any violations of the provisions of this T&C by the Customer.
The Company shall not be liable for delays in rendering the Services of the Devices for any and other factors outside the control of the Company such as:
1. Global Shortage of the Devices or required raw materials or delayed shipping by the suppliers and/or manufacturer; and/or
2. Delay in delivery due to any Force Majeure Events
The Company shall not be liable to the Customer in respect of any loss or damage whatsoever and howsoever arising in connection with this Agreement or the Customer’s use of the Devices, including, but not limited to, liability in contract (including under any indemnity or warranty), under any applicable legislation or otherwise for any:
1. loss of revenue or profit;
2. loss or corruption of data;
3. loss of anticipated savings;
4. loss of goodwill;
5. loss of contract or opportunity;
6. indirect or consequential loss of whatever nature, including (without limitation) any loss of a type described in (i) to (vi) above which could be regarded as indirect or consequential and whether or not reasonably foreseeable, reasonably contemplatable, or actually contemplated by the parties at the time of execution of this Agreement, to the extent permitted by law.
Without limiting the generality of the foregoing, the Customer agree to indemnify and hold the Company harmless for any improper or illegal use of the User account and the Customer (including their child/children) will be personally responsible for use of the Device and for all of the communication and activity via the Application and that the Customer will indemnify and hold harmless the Company, its licensors and our affiliates from any liability or damages arising from the Customers conduct on the Device/Application (as the case maybe).
Subject to this clause we accept responsibility for loss or damage suffered by the Customer to the extent that it is caused by our negligence or wilful misconduct provided that our aggregate liability for such loss does not exceed the total charges paid by the Customer for the Devices.

14. Intellectual Property

The Customer acknowledges that, all Intellectual Property Rights including copyright, design rights, rights to patents and trademarks of the Company (“the Intellectual Property Rights”) shall be the absolute property of the Company. This Agreement does not grant or convey to the Customer any right, title or interest, proprietary or otherwise, in the Intellectual Property Rights owned or licensed by the Company, except as granted to the Customer the right to use such Intellectual Property Rights, in connection with the said Devices and associated Services only, as per the agreed T&C contained herein.
The Customer further, acknowledges the Company’s rights, title and interest in and to the Intellectual Property Rights and will not at any time do or cause to be done, any act or deeds, directly or indirectly, contesting or in any way impairing or tending to impair any part of the Company’s right, title or interest in its Intellectual Property Rights. The Customer further agrees that he/she shall not adopt, whether during the term of this Agreement or at any time after its termination or expiry, any mark, word, symbol, slogan, usage etc. which in any way infringes the Intellectual Property rights of the Company or those of its affiliate companies.
The Customer undertakes to indemnify and keep indemnified the Company from and against all third-party claims, demands, actions, proceedings, fines, penalties, costs and expenses of whatsoever nature that may be brought against, sustained or incurred by the Company and paid for, arising out of or as a result of such breach of Intellectual Property Rights by the Customer.

15. Changes made by the Company

The Company may make changes to the Services (including withdrawal of Devices), to its prices, or to these T&Cs at any time during the term of the Agreement.
The Customer is expected to view any changes to these T&Cs, excluding price changes, that shall be published on the Website and will be binding on the Parties from the date on which the change is published.

16. Disclaimer

The Company shall not be responsible or liable for any damages or losses or any injuries, in the event that the Device is used against the intended purposes. Any other use apart from the intended utility, shall be reported to the Company immediately and if the Company has reasonable grounds to believe that the device is used for any other purposes, the Company can terminate the Services provided to the specific user misusing the Devices.
Device prices, offers and availability are subject to change from time to time. Device colours and images are only for illustration and they may not exactly match with the actual Devices.

17. Notices

All notices required to be given under this Agreement must be in writing and delivered by hand or sent by post or by fax to the following addresses:

For the Company:

Baatu Technologies Pvt Ltd,

#107, TG Citadel, 7th Cross, BTM 2nd Stage,

Dollars Layout, Off Bannerghatta road,

Bangalore – 560076

For the Customer:

On the address provided by the Customer in the online Application Form.

Unless expressly agreed otherwise, any such notice shall be deemed to be served on the date delivered by hand, or if sent by fax, the date on which a printed transmission report confirming receipt is received, or if sent by post, ten (10) days from the date of dispatch, whichever the case may be. A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 8.00am on the first working day following delivery).

18. Miscellaneous

Severability: If for any reason, a court of competent jurisdiction finds any provision of these T&C or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties (the Customer and the Company collectively) as reflected by that provision. The remainder of the T&Cs shall continue in full force and effect.
Waiver: No provision of these T&C shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the Company of any breach committed by the Customer, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Force Majeure: The Company shall not be liable for any failure to perform any obligations under these T&C, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case, its obligations shall be suspended for so long as the Force Majeure Event continues.
Survival: The rights and obligations under the T&C which by their nature should survive will remain in full effect after termination or expiration of the T&Cs.
Relationship: No partnership, joint venture or relationship of employee/ employer or franchisor/ franchisee arises between the Company and the Customer by reason of the T&Cs.
Governing Law and Dispute Resolution:
1. This T&C is governed and subject to Applicable Laws of India. The courts of Bengaluru, India, have exclusive jurisdiction to settle any dispute arising out of or in relation to the provisions set forth under this T&C (including any disputes regarding the existence, validity or termination of this T&C).
2. Such aforesaid dispute shall be settled by way of arbitration in line with the provisions of Arbitration & Conciliation Act, 1996. The Company and the User (collectively referred to as, “Parties”) shall refer such dispute to a sole and independent arbitrator to be appointed by the mutual decision of the Parties. The venue of the arbitration shall be in Bengaluru, India and the language of the arbitration proceedings shall be English. The decision of the arbitrator shall be final and binding on the parties to the dispute and may be used as a basis for judgement thereon in India or elsewhere. The parties shall bear its own individual costs of the arbitration.
Grievance Officer and Redressal Mechanism: For the purpose of redressing the grievances with respect to the T&C or any other Company policy, or breach of security or otherwise, the Customer shall contact the Grievance Officer whose details are provided under the Company’s Privacy Policy which may be accessed here. Privacy Policy
Entire Agreement: These T&Cs along with the Application Form from the Website constitutes the entire Agreement between the Parties with respect to the subject matter hereof.