These Terms and Conditions (“Terms”/ or “Agreement”) govern use of the BPL BE WELL software, including any updates or supplements thereto (“Application”) that is downloaded, installed onto the user mobile devices and/or used by Consumers and or Users only through the Application developed and home care Device/s manufactured and or marketed by BPL MEDICAL TECHNOLOGIES PRIVATE LIMITED, a company incorporated and registered in India and having its registered office at 11th KM, Bannerghatta Road, Arakere, BANGALORE-560 076, Karnataka, India and its affiliates ("BPL Medtech”).
BPL Medtech allows limited use of the Application to Users on their mobile devices on the basis of this terms and subject to any rules or policies applied by any appstore provider, such as but not limited to the Apple AppStore , the Google Play Store (Third Party Rules) or any other App software distribution repository. BPL Medtech does not sell the Application to Users or Consumers. BPL Medtech remains the owner of the Application at all times.
1. Use of the Application.
By clicking the "I Accept" checkbox at the end of these Terms or by making use of the Application with Device, the Users agrees and acknowledges that the Users have read, understood and consented to the terms and conditions and agrees to be bound by these Terms. The Users may use the Application only with BPL Medtech Device for such purposes as is set out in Agreement. The use of BPL Medtech Application is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872.
These Terms may be changed at any time without any prior notice to the Users. The Users continued use of the Application after any such change constitutes the Users acceptance and acknowledgement of the new Terms. If the Users does not agree to abide by these or any future Terms, please do not use the Application.
USERS UNDERSTAND THAT THE APPLICATION IS PROVIDED ‘AS IS’ AND THAT IT IS NOT INTENDED TO AMOUNT TO ANY ADVICE, INCLUDING BUT NOT LIMITED TO MEDICAL ADVICE, OR FOR DIAGNOSTIC PURPOSES ON WHICH RELIANCE SHOULD BE PLACED. BPL MEDITCH IS NOT A MEDICAL CARE PROVIDER AND DO NOT PROVIDE MEDICAL ADVICE. THE APPLICATION IS NOT INTENDED TO BE RELIED UPON IN LIEU OF MEDICAL TREATMENT OR ADVICE BY A TRAINED MEDICAL CARE PROVIDER. ALWAYS CONSULT YOUR DOCTOR OR OTHER HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS REGARDING ANY MEDICAL CONDITION, OR FOR SPECIFIC GUIDANCE REGARDING NUTRITION OR PHYSICAL ACTIVITY.
The Application may contain links to or provide a connectivity functionality with other independent third-party websites or device applications (Third-party Sites). These Third-party Sites are not under BPL Medtech control, and BPL Medtech is not responsible for and do not endorse their content, their data privacy governance and/or their privacy policies (if any). User will need to make their own independent judgement regarding their interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them. Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
All Users will be required to download the Application, review the terms stated in the agreement, agree to abide by the Terms stated, read and understand the contents of the User’s manual before using the BPL Medtech Device. Each Users represents that he/she is of the legal age of majority and can enter into binding contracts. If a minor is making use of the Application with Devices, then the download and installed on his/her mobile device solely for the purposes shall be done by his / her parent or legal guardian who agrees to abide by these Terms. Where a minor download the Application and uses the BPL Medtech Devices, his / her parent or legal guardian alone shall be responsible for all purposes pertaining to the use of the Application along with BPL Medtech Device and all terms and conditions agreed in this and other documents / agreements.
3. Prohibited Uses
The Users will not use the Application:
(i) for any purpose that is illegal;
(ii) to remove any copyright and other proprietary notices connection with any content or information on the Application;
(iii) to copy, decompile, reverse engineer or otherwise attempt to discover any source code or communication protocol, create derivative works based on the whole or any part of the Application, sell, assign or otherwise transfer any intellectual property in the Application;
(iv) to upload or publish any information that is infringing or unsuitable or
(v) in any manner other than as agreed.
4. Acceptable use restrictions
Subject to these Terms, BPL Medtech grants to the Users a limited, personal, non-exclusive, non-assignable, and non-transferable hereof to access and use the Application for BPL Medtech Device solely for the purposes. Users agree to use the Application permitted by any local law and users agreed that not to copy the Application except where such copying is incidental to normal use of the Application, or where it is necessary for the purpose of back-up or operational security; not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Application, not to make alterations to, or modifications of, the whole or any part of the Application. Or permit the Application or any part of it to be combines with, or become incorporated in, any other programmes.
The Users acknowledges and agrees that the Application may contain information which is confidential to BPL Medtech and that the Users shall not disclose such information or make any unauthorized use of such information.
6. Notices of infringement and takedown by BPL Medtech
Users finds that any of the content on the Application has been posted in violation of the Terms, or any applicable law, the User may write to BPL Medtech at the address shown below, giving a written statement that contains the following information as applicable:
(i) identification of the copyrighted work and/or intellectual property right claimed to have been infringed and the ownership of the same;
(ii) identification of the material that allegedly infringes or violates intellectual property or privacy rights, the Terms or any applicable laws, on the Application that is requested to be removed;
(iii) the Users name, address, telephone number and an e-mail address, if available;
(iv) a statement that the User has a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law, or that the content violates the Terms or any applicable laws;
(v) a statement that the information in the notification is accurate and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and
(vi) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right.
BPL Medtech may remove any posted submission that allegedly infringes the copyright or other intellectual property right of any person under Indian law within a reasonable amount of time as prescribed by applicable laws, upon receipt of such a statement.
7. Intellectual property Rights
Users acknowledge that all intellectual property rights and all content on the Application and BPL Medtech devices, including but not limited to design, text, Application, technical drawings, configurations, graphics, other files, and their selection and arrangement are either the proprietary content of BPL Medtech and its licensors, that rights in the Application are licensed (not sold) to Users, and that User have no rights in, or to, the Application other than the right to use the Application along with BPL Medtech Device in accordance with the terms of this Agreement. All rights to such content are reserved. Users acknowledge that they have no right to have access to the Application in source-code form.
Users will not challenge the validity of any of BPL Medtech intellectual property rights given pursuant to this Agreement, or oppose any application for the registration of such intellectual property rights.
If Users suggest for any new features or functionality in the Application in BPL Medtech sole discretion, adopt into the Application, such new features or functionality and will be the sole and exclusive property of the BPL Medtech and any and all claims of the end users as to the same are hereby waived and released.
The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Application are the registered and unregistered Trademarks of BPL Medtech and/or its licensors or affiliates. All rights to such Trademarks are reserved.
The User agrees that the Users will not refer to or attribute any information they publish or post in any public medium (including but not limited to press releases, social media, content on website and blogs) to BPL Medtech or its licensors, reproduce any Trademarks, or imply any endorsement by or relationship with, BPL Medtech or its licensors without the prior written permission of BPL Medtech.
The Application is provided with the understanding that BPL Medtech is not engaged in rendering professional or medical advice and services to the Consumer or the users. All functionality on the Application is provided on an "as is," basis without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by course of dealing, or course of performance. BPL Medtech makes no warranties, express or implied, as to the accuracy or adequacy of the Application usage with BPL Medtech Devices. The User acknowledges that any reliance on any of the tools, application or transmission mechanism shall be at the User’s sole risk. BPL Medtech makes no guarantees of the accuracy or clinical significance of the Data collected by the Device.
Subject to any express warranties made in any agreement executed between the User and BPL Medtech, BPL Medtech makes no warranty, and expressly disclaims any obligation that (a) the content or functionalities of the Application will be up-to-date, complete, comprehensive, accurate or applicable to the Users circumstances; (b) the Application will meet the Userss expectations or will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Application will be accurate or reliable; or (d) the quality of any Devices, Services, Data, content, or other information and / or material obtained by the User through Application will meet the Users expectations. BPL Medtech does not endorse or represent any doctors, hospitals, partners or third party service providers that use this Application.
TO THE EXTENT PERMITTED BY LAW, THE APPLICATION IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY, PERFORMANCE OR UNINTERRUPTED SERVICE. BPL MEDITECH WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE APPLICATION, A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT USER DEVICES, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO USE OF THE APPLICATION OR TO USER DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. FURTHERMORE, TO THE EXTENT PERMITTED BY LAW, BPL MEDITECH, AND ITS THIRD PARTIES HEREBY EXPRESSLY EXCLUDE.
11. Third-party web sites/ content
The Users represents to BPL Medtech that:
(i) The User will maintain the secrecy of his/her passwords, login name/user-id and account information at all times and shall be personally responsible for any and all use of the Application by such Users and anyone using the login information and password whether with or without the User’s permission.
(ii) The Users will use the Application solely in compliance with the Terms of the Agreement;
(iii) The Users will comply with all applicable laws in the use of the Application.
(iv) The User will not post on or about the Application and BPL Medtech Devices any materials that are threatening, libellous, defamatory, or obscene.
13. Mode and Duration of Refund(s)
Refund request should be done within 7 days from the receipt of the material and once refund initiated from our systems, are usually realised within 3-4 working days, but can take up to 21 working days to hit your accounts.
Refund will be initiated ONLY to the original mode of payment. In cases where refund is not possible to original mode of payment, refund may be done to buyer’s banking account, wherein we will need to do verification (KYC) and proof of ownership of account. The timeline of the verification can vary from 7-15 working days.
BPL Medtech may terminate, change, suspend or discontinue the Application or Users access to the Application with or without notice to the Users. The Users may continue to use the BPL Medtech Device for the limited purposes as per the Device user manual.
15. Governing law and jurisdiction
These Terms are governed by the laws of the India without reference to the principles of conflicts of laws thereof and any disputes arising hereof shall be exclusively determined by the Civil Courts at Bangalore City, India only.
If any disputes, differences, claims, etc. arise between the Parties connected with the Agreement, the same shall be resolved through arbitration by a mutually appointed and agreed Sole Arbitrator to be appointed under the Indian Arbitration and Conciliation Act 1996. All proceedings shall be conducted in English. The venue of arbitration shall be in Bangalore, India only.
16 Limitation of Liability
BPL Medtech (including its officers, directors, employees, representatives, affiliates, partners and providers) will not be responsible for any injury, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (a) any mistakes, deficiencies, failure or delay (including without limitation the use of or inability to use any component of the Application and Device or any breakdown on the Application and Device; (b) the performance or non-performance by BPL Medtech or any partner or service provider, even if BPL Medtech has been advised of the possibility of damages to such parties or any other party (d) any damages to or viruses that may infect the Users Device or other property as the result of the Users access to the Application.
Neither BPL Medtech nor its third-party content providers shall be liable for any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability. Liability if any shall be limited to the cost of the BPL Medtech Device only.
The Users agrees to defend, indemnify and hold BPL Medtech and its affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from the Users use of the Application and BPL Medtech Device, or the Users breach or violation of the law or of these Terms of this Agreement.
18. Entire Agreement
19. Medical Disclaimer
Any content / material, including material containing medical / healthcare related information provided on the Application and BPL Meditech Device is for information purposes only and is not intended to replace medical advice or be a treatment for any medical condition. Whilst all reasonable steps have been taken to ensure the accuracy of information provided on the Application, BPL Medtech cannot itself verify the findings and materials which are produced by third parties and included on the Application. We encourage Users to consult a healthcare professional if they have any concerns about their health, are starting any health or nutritional related treatment, or for any questions Users may have regarding their own or any other party's medical condition.
20. Events Outside BPL Medtech Control.
BPL Medtech shall not be liable or responsible for any failure to perform, or delay in performance of any of BPL Medtech obligations under this Agreement that is caused by any act, by war, acts of public enemies, strikes or other labor disturbances, fires, floods, acts of God, or any causes of like or different kind beyond the control of BPL Medtech, including failure of public or private telecommunications networks.