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TERMS & CONDITION - GHV GHV MEDICAL ANCHOR PVT LTD. (beatXP)
1.1. Thank you for using www.beatxp.com. The Website is an online platform and marketplace that (i) facilitates the online sale and purchase of healthcare & fitness devices.
1.2. The Website and the Services are provided by GHV Medical Anchor Pvt Ltd, a company incorporated in India, having its address at 3rd Floor, Capital Cityscape, Sector-66, Gurgaon, Haryana-122002
1.3. BY ACCESSING AND/OR USING THE WEBSITE AND THE SERVICES, YOU ARE AGREEING TO THESE TERMS OF USE (“Terms”). PLEASE READ THESE TERMS OF USE CAREFULLY AND REGULARLY.
1.4. For the purposes of these Terms of Use, wherever the context so requires, “You” or “User” shall mean any natural or legal person using the Website or the Services in any manner whatsoever including but not limited to accessing and browsing the Website, and registered users as may be applicable; the term “We”, “Us”, “Our” shall mean the Company, its affiliates, successors-in-interest, and permitted assigns.
1.5. The Site is only to be used for your personal non-commercial use and information. Your use of the Site and features of the Site shall be governed by these Terms and Conditions (hereinafter " Terms of Use ") along with the Privacy Policy, Shipping Policy, Replacement Policy (together " Policies ") as modified and amended from time to time.
1.6. If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Site.
2.1. We provide the Services using a commercially reasonable level of skill and care and we hope that you enjoy using them. In our endeavor to cater to your needs in the most effective manner, we constantly improve our Services. We may add or remove functionalities or features and we may suspend or stop a Service altogether.
2.2. beatXP reserves the unilateral right to change the particulars contained in the Terms of Use or the Policies from time to time and at any time, without notice to its users and in its sole discretion. If beatXP decides to change the Terms of Use or Policies. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the site. Your continued use of the site following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Use and any other applicable policies, to understand the terms and conditions that apply to your use of the Site.
3.1. The content such as text, graphics, images, information, and other material contained on the Website is for informational and educational purposes only, and is not intended to diagnose, treat, cure, mitigate or prevent any disease, or other medical or health conditions.
3.2. The content, whether such content is provided by or through the use of the services or through any other communications from us, is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment of specific diseases, medical or health conditions.
3.3. Use of the content is solely at your own risk. Nothing stated or posted on the Website or available through any services is intended to be, and must not be taken to be, the practice of medicine, dentistry, nursing, or other professional medical advice, or the provision of medical care.
4.1. You must always consult a registered health care provider with any questions or concerns you may have regarding your disease, or other medical or health conditions, suitability of a supplement, herb or drug, in light of your individual needs and medical conditions. Reliance on any information appearing on the Website, whether provided by beatXP, its content providers, visitors to the Website or others, is solely at your own risk, and beatXP shall not bear any liability for any loss/ injury that may arise due to your reliance on any information published on the Website. You further acknowledge and agree that should any claim/ damage/ liability arise as a result of any reliance placed by you on any information published on the Website, the manufacturers/ Sellers from whom said content is obtained and made available on the Website shall be solely responsible for any claim/ damage/ liability arising as a result of any reliance being placed by the user on said content, and beatXP shall have no liability in relation to the same.
4.2. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by beatXP for the technical administration of the Website, research and development, and for user administration. In the course of serving advertisements or optimizing services to its users, beatXP may allow authorized third parties to place or recognize a unique cookie on the user’s browser. beatXP does not store personally identifiable information in the cookies.
4.3. The user must never avoid or cause any delay in obtaining professional medical advice from a health care provider or disregard any such advice duly obtained, because of any information provided on the Website. If you have or suspect that you have a medical problem or condition, please contact a Registered Health care provider immediately.
4.4. It is important that the user does not make medical decisions, and the user always seeks the advice of their health care provider with any questions that they may have about their disease, medical or health conditions.
4.5. beatXP does not endorse any views or opinions that may be included in the Website Content, or other information provided through our Services. User’s submission of questions or reviews on our Products does not constitute a professional relationship between the user and beatXP.
4.6. beatXP does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by beatXP, beatXP employees, others appearing on the Website at the invitation of beatXP, or other visitors to the Website is solely at your own risk.
Registration on the Website and the information is free. The Company does not charge any fee for browsing the Website. Except for the products that are sold by the Company, the user agrees to make all payments directly to the respective Vendor for purchase of products sold by the Vendor from such Vendor through such mechanism as provided on the Website. In case of an online payment for such products, the Company is merely facilitating the transaction by collecting the payment from you on behalf of the concerned Vendor and transferring the same to the Vendor. The Company is not responsible for any loss or damage caused to user during this process as these third parties are beyond the control of the Company. The Vendor may appoint collection agents for the collection of payments from the buyers. The Company shall not be responsible for any act or omission on the part of such collection agents as the Company exercises no control over such third parties. For the products that are offered for sale by the Company, the payments shall be made directly to the Company as per the mechanism prescribed in the Website.
6.1 These Terms govern your behaviour on the Website and set forth your obligations. You agree and confirm to the following responsibilities:
6.1.1 You shall comply with all the obligations set forth in these Terms.
6.1.2 You will use the Services rendered by us for lawful purposes only and comply with these Terms and all applicable laws, statutes, by-laws, acts of legislature or parliament rules, regulations, orders, ordinances, protocols, codes, guidelines, or policies of any governmental authority, and all applicable judicial orders and precedent (“Applicable Laws”) while using and transacting on the Website.
6.1.3 You shall provide us with only such information that is true and accurate to the best of your knowledge.
6.1.4 You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or any materials or content posted on the Website, whether in the form of text, images, audio, video, or audio-visual clips, or in any other form (the “Content”).
6.2 ACCOUNTS AND REGISTRATION
Some features or sections of the Website may only be accessible to registered users, who have created accounts and registered on the relevant portions of the Website. It is a condition of your use of the Website and the Services that all the information you provide shall be correct, current, and complete. If the Company believes that the information you provide is not correct, current, or complete, it has the right to refuse your access to the Website, the Services, or any of its resources, and to terminate or suspend your access at any time, without notice.
You agree and confirm to the following:
6.2.1. You may register for an account on the Website by completing and submitting the account registration form on the Website and you must not allow any other person to use your account to access the Website.
6.2.2. You must notify us in writing immediately if you become aware of any unauthorized use of your account.
6.2.3. If you register for an account with the Website, your user ID must not be liable to mislead and must comply with these Terms of Use; you must not use your account or user ID for or in connection with the impersonation of any person.
6.2.4. You must keep your password confidential. You must notify us in writing immediately if you become aware of any disclosure of your password.
6.3. You represent and warrant that if you are an individual, (i) you are over eighteen years of age, and (ii) you are of age as required to enter into a binding contract as is prescribed under the laws of the country in which you reside, or (iii) that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Services, in accordance with the laws of India. Any person under the age of eighteen (18) years accessing the Website should do so only under parental guidance.
6.4. If we change the eligibility criteria to be registered with the Website and you no longer comply with the new eligibility criteria, as determined by us in our sole discretion, you accept that we may close your Account without any liability for us. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms or use of the Services is prohibited and, in such circumstances, you agree not to use or access the Website or Services in any way.
6.5. If you know or suspect that anyone other than you knows or has unauthorized access to your Account Information or any part of it, you must promptly notify us by sending us an e-mail at support@beatxp.com . We are not liable for any losses or other consequences of unauthorized use of your account.
7.1. The Website is provided solely for non-commercial and personal use of the User. You may not use the Website for any other purpose, including any commercial purpose, without the Company’s express prior written consent. For example, you may not (and may not authorize any other party to): (i) co-brand the Website, or (ii) frame the Website, without the express prior written permission of an authorized representative of the Company.
7.2. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Website or the Content accessible within the Website. You agree to cooperate with the Company in causing any unauthorized co-branding, or framing immediately to cease.
8.1. Whenever you make use of a feature that allows you to upload Content to the Website, or to make contact with other users of the Website, you must comply with our content standards. You warrant that any such Content added by you complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. You will be responsible for any loss or damage we suffer as a result of your breach of warranty.
8.2. You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through the Website (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.
8.3. Any Content you upload to the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us [and other users of the Website] a limited license to use, store and copy that Content and to distribute and make it available to third parties.
8.4. By making a Submission, you are guaranteeing to us that you have the legal right to post the content in the Submission and that it shall not violate any law or the rights of any person or entity. Our Company shall treat any personal information that you submit through the Website in accordance with its Privacy Policy as set forth on the Website.
8.5. We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
8.6. We may exercise our discretion to remove, and you may not post, send, submit, publish, or transmit in connection with the Website, any material that:
8.7. The Company reserves the right to monitor use of the Website to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither Company nor any third party that provides content to Company shall assume or have any liability for any action or inaction by Company or such third party with respect to any Submission.
9.1. We may make available software to access the Site, and the products and services furnished on the Website via a mobile device (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Software. We do not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charge. We hereby grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one account on one mobile device owned or leased solely by you, for your personal use.
9.2. You may not:
9.2.1. Modify, disassemble, decompile or reverse engineer the Mobile Software;
9.2.2. Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;
9.2.3. Make any copies of the Mobile Software;
9.2.4. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or
9.2.5. Delete the copyright and other proprietary rights notices on the Mobile Software.
9.3. You acknowledge that we may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Terms of Use shall apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and we and our third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Terms of Use, is void. We hereby reserve all rights not expressly granted under these Terms of Use.
9.4.The Mobile Software originates in the Republic of India, and is subject to Indian laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from India. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all Indian and foreign laws as well as applicable international law and treaties, if any, related to use of the Mobile Software and any related services.
10.1. We may from time to time provide interactive services on the Website, including, without limitation:
10.2. We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content standards, whether the service is moderated or not.
10.3. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them.
When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that in case there are any changes in any information provided by you to us, including your e-mail address and other contact details, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created by you on the Website and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id. You may cancel your account at any time by sending us an email support@beatxp.com
12.1. TRADEMARKS The material and Content accessible from the Website, and any other Worldwide Website owned, operated, licensed, or controlled by the Company is the proprietary information of the Company or the party that provided the Content to the Company, and the Company or the party that provided the Content to the Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the Company, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. You are prohibited from using any of the marks or logos appearing throughout the Website without the express written permission of the Company.
12.2. COPYRIGHTS The Website and its Content are protected by applicable copyright laws, and belong to the Company or its partners, affiliates, contributors or third parties. The copyrights for the Content are owned by the Company or other copyright owners who have authorized their use on the Website. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing the Website as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by the Company, for example in certain password-restricted areas of the site). You may not manipulate or alter in any way images or other Content on the site.
12.3. HYPER-LINKS The Website may be hyper-linked to other sites which are not maintained by, or related to, our Company. The inclusion of any hyper-link to a third-party site does not imply endorsement, sponsorship or recommendation by our Company of that site. Hyper-links to such sites are provided as a service to Users and are not sponsored by or affiliated with the Website or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Our Company also makes no representations about the availability of hyper-linked sites. Hyper-links are to be accessed at the user’s own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to the Site. If you hyper-link to a site, please be aware that you shall leave our Company’s web site and shall become subject to the rules and conditions of the linked site(s). We recommend that you make yourself aware of the Terms of Use of any site you link to from our Company’s site.
12.4. DOWNLOADING MATERIAL. You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet shall be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. The Company does not assume any responsibility or risk for your use of the Internet.
BEATXP DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BEATXP CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BEATXP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BEATXP DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY BEATXP SERVICES/PRODUCT.
14.1. Other than as expressly set out in these Terms or additional terms, neither the Company, nor its affiliates, successors-in-interest and permitted assigns make any specific promises about the Services. We do not make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is” and “as available”.
14.2. The Company makes no express or implied warranties, representations or endorsements whatsoever with respect to the Site, the Services or any contents thereof. The Company expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the Site, the Services, the Content and any product or service furnished or to be furnished via the site.
14.3. The Company does not warrant that the functions performed by the Website or the Services will be uninterrupted, timely, secure or error-free, or that defects in the Website or the Services will be corrected. The Company does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The Site, the Services and the content are provided on an “as is” and “as available” basis.
15. Replacement
Please read the replacement policy of the beatXP website, which applied to products sold on our website. By purchasing the product from our website, you agree to have read the replacement policy on beatXP website.
16.1. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it including any information related to the products listed on the Website or the Website itself or Services, whether express or implied.
16.2. We will not be liable to any user for any direct, indirect or consequential loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
16.3. If you are a business user, please note that in particular, we will not be liable for:
16.4. In no event shall the collective liability of the Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of INR 100.
17.1. You shall indemnify and hold the Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of the Content other than as expressly authorized in these Terms of Use.
17.2. You agree that the Indemnified Parties shall have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith.
17.3. You shall also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Site.
18.1. To the maximum extent permitted by laws applicable, you hereby release and waive all claims against the Company, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of our Website, its Services, content or use of the products. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other common law of similar effect, to the fullest extent permitted by law.
18.2. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
We reserve the right to refuse to continue providing you with access to this Website if we discover that you are incompetent to contract by virtue of your age or otherwise under applicable law. This Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. In case, you choose to access this Website from any jurisdiction not governed by the laws of India, you are solely responsible for compliance with local laws of that jurisdiction and all applicable laws.
20.1. The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
20.2. By accepting this agreement you waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either the company or law enforcement authorities.
20.3. This website stores all data with the Amazon provided by Amazon.com Inc. Platform respectively, has security measures in place to protect the loss, misuse and alteration of the information. These measures adopted by the Amazon Platform and certain additional measures adopted by us are detailed in the Manual of Data Security Practices and Procedures https://aws.amazon.com/security/?nc1=f_cc .You acknowledge you have reviewed and understood the Manual of Data Security Practices and Procedures and that these are reasonable security practices and procedures that are commensurate with the information assets being protected. You also acknowledge that the standards followed by the Amazon Platform are not within the control of the Company and are liable to change from time to time. You agree that it is in your interest to review from time to time the security standards; practices and policies adopted by the Amazon Platform to confirm that there are no changes that you are not comfortable with.
21.1. GOVERNING LAW Please note that these Terms, its subject matter and its formation, are governed by the laws of the Republic of India. The courts of Gurugram shall have exclusive jurisdiction to deal with any dispute arising out of or in connection with these Terms or any other terms and conditions made applicable on you by us and you consent to the jurisdiction and venue of such courts and waive any objection as to inconvenient forum.
21.2. ENTIRE AGREEMENT If any part of these Terms of Use is unlawful, void or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on the Website shall govern the items to which they pertain. The Company may revise these Terms of Use at any time by updating this posting.