BeatO TERMS AND CONDITIONS OF USE

 

  1. GENERAL

 

  1. The domain name https://beatoapp.com/ (hereinafter referred to asWebsite”) and the mobile application ‘BeatOapp’ (hereinafter referred to asApp”) are owned and operated by Health Arx Technologies Pvt. Ltd. (Company”), having its registered office at A-9, GF & FF, FIEE Complex Okhla Industrial Area, Phase-II New Delhi – 110020 (India). The Company is duly registered vide GST registration No. [GST NO. 07AADCH6889G1Z5] and owns and operates the services provided on and through the Website.

 

  1. The Website and the App enables the User to connect in-house or third party specialists specialists for consultation on diabetics care, analyse diabetic sugar readings, track fitness levels, managing diet and place orders for diabetic supplies such as Smart Glucometers and other IOT devices, Glucometer strips and other diabetic friendly products including but not limited to snacks, beverages, etc. Besides this, the Company is also expanding into new categories of chronic disease management.

 

  1. Your use of the Website/App is an acknowledgment that you have reviewed these terms and conditions and agrees to comply with the same and be legally bound thereby.

 

  1. By downloading and installing the App or by simply visiting the Website, you acknowledge that you have reviewed these terms and conditions and agrees to comply with the same and be legally bound thereby. These terms and conditions govern your access to and use of the Website/App and the Services (as defined hereinafter). If you do not agree to these terms and conditions, you must refrain from using the Website/App and Services.

 

  1. AGREEMENT

 

  1. Before you decide to access the Website / App or avail the Services made therein, please carefully go through these terms and conditions (Terms”) and the privacy policy available at https://beatoapp.com/privacy/ (Privacy Policy”). These Terms and the Privacy Policy together constitute a legally binding agreement (theAgreement”) between you/User and the Company in connection with your use of the Website/App and the Services.

 

  1. By visiting, viewing or otherwise using the Website and/or App and the Services thereunder, you/User are, thereby, deemed to represent and warrant that you have read and understood, and agreed to be bound by, the Terms of this Agreement. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. Irrespective of the use of the Website and/or the App from any medium or device, including mobile, smart phone or tablet, the User is bound by this Agreement. This Agreement defines the terms and conditions under which you are allowed to use the Website and the App and describes the manner in which the Company shall treat your account and the information associated with it while you are registered as an End-User (as defined below) with us.

 

IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.

 

  1. MODIFICATION OF AGREEMENT

 

The Company reserves the right to amend, modify (from time to time) or terminate any portion of the Agreement for any reason and at any time without further notice to you. Any such amendment or modification shall be effective once the Company post a revised version of the Agreement on the Website / App. It is your responsibility to review this Agreement periodically. Your use of the Website and/or the App following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of the Website or the App or to particular Service are also considered as part of the Agreement.

 

  1. APPLICABILITY OF TERMS

 

  1. For the purpose of these Terms, wherever the context so requires the term ‘You’/ ‘User’/ ‘End User’ shall mean any natural or legal person (including a patient, his/her representatives or affiliates) who has downloaded and installed App and provided registration data while registering on the App or by simply visiting the Website by entering the domain name in any internet browser. Any services provided by the Website/App which do not require registration do not absolve you of the contractual relationship established by this Agreement. 

 

The User acknowledges that these Terms are in electronic form and has the same force and effect as an agreement in writing.

 

  1. REGISTRATION

 

  1. In order to use certain features of the Website/App, you have to create and register an account (theAccount”) on the Website/App by providing certain information (which will form part of the User Information (as defined in the Privacy Policy) which includes email address, password, mobile number gender, age, billing / shipping address, weight, height, last Hba1c %, city, hospital and doctor and completing the registration form.

 

  1. Your Account username and password are personal to you. You may not transfer your account and you will be responsible for the activities associated with your Account. 

 

  1. The Company will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorised use of your account, you shall immediately notify the Company. 

 

  1. It is your responsibility to keep your email address up-to-date on your account setup at so that the Company can communicate with you electronically. 

 

  1. By creating the Account, you agree to receive communications from the Company via email, telephone, SMS and chat. If you, at any time, wish to discontinue receiving communications from us, you agree to notify the Company by email. 

 

  1. SERVICES OF THE WEBSITE/APP

 

  1. This Agreement applies to all the Services made available by the Company on the Website/App (Services”) including but not limited to the following:

 

For End-Users:

 

  1. Maintenance of Account: Facility to create and maintain an Account to monitor and manage information relating to diabetes of the End-User and its treatment. Such Accounts will be used for, inter alia, uploading, collecting, tracking and analysing health information such as blood sugar levels, diagnostic test results, prescriptions, food charts and daily activities

 

  1. Use of Partnered Laboratories: Facility to use services on the website/app of laboratories that have partnered with the Company (“Partnered Laboratory(ies)”) such as, direct booking of appointments for diagnostic tests, home sample collection, direct uploading of test results on the Account, payment for the tests conducted by the Partnered Laboratory and other services provided by the Partnered Laboratory.

 

  1. Use of Partnered Pharmacies: The Website/App will list pharmacies (“Partnered Pharmacy(ies)”) in order to enable the End-User to review the pharmacies in their respective locality and purchase the medicines that have been prescribed to them.

 

  1. Sharing of information with individual doctors and/ or hospitals listed on the Website/App: Sharing information of an End-User’s User Information with any individual doctors and/ or hospital(s) listed on the Website/App and selected by the End-User giving the End-User’s individual doctor and/ or hospital direct access to her/his User Information. In the event that the End-User changes her/his doctor and/ or hospital, the new doctor and/ or hospital if listed on the Website/App and chosen by the End User will be authorized to access the User Information.

 

  1. Uploading by Doctors/Hospitals: Doctors and/ or hospital(s) listed on the Website/App can upload information related to the End-User including but not limited to prescriptions, electrocardiogram(ECG) tests, echocardiogram tests, ultrasound tests, health charts and other medical reports.

 

  1. Health Tips: Based on the medical and health information that the End-User has provided in his/her Account which includes inter-alia food intake and consequent calorie count, sedentary and non-sedentary activity log, and blood sugar levels updated on the Account based on which an algorithm of the software of the Website/App will generate automated reminders, tips and suggestions to the End-User including for maintaining a healthy check on blood sugar levels (“Health Tips”).

 

  1. The Services may change from time to time, at the sole discretion of the Company, and the Company reserves the right to modify the Services without prior intimation or consent of the End-Users.

 

  1. APPLICABLE LAWS

 

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

 

  1. the Indian Contract Act, 1872,
  2. the Information Technology Act, 2000, and
  3. the rules, regulations, guidelines and clarifications framed there under, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the SPDI Rules), and Information Technology (Intermediaries Guidelines) Rules, 2011 (the IG Rules).
  1. PRIVACY POLICY

 

  1. By using the Website/App and the Services thereunder, you give your consent to the collection, storage, sharing and use of certain information about you, as specified in the Privacy Policy (User Information) available at https.beatoapp.com/privacy. Subject to the Privacy Policy, it is deemed that you have consented to receiving calls and communications from the Company or through service providers registered / associated with the Company (which include Partnered Pharmacies, Partnered Laboratories and Doctors/Hospitals) at anytime at your registered mobile number or email. The Privacy Policy sets out:

 

  1. the type of information collected, including sensitive personal data or information as defined in the SPDI Rules;
  2. the Information Technology Act, 2000, and
  3. how and to whom the Company will disclose such information; and,
  4. other information mandated by the SPDI Rules.

 

  1. You are expected to read and understand the Privacy Policy available at https.beatoapp.com/privacy, so as to ensure that you have the knowledge of:

 

  1. the fact that certain information is being collected by the Company;
  2. the purpose for which the information is being collected;
  3. the intended recipients of the information;
  4. the nature of collection and retention of the information; and
  5. the various rights available to you in respect of such information.

 

  1. The term personal information or sensitive personal data or information will have the meaning as assigned to them in the SPDI Rules.

 

  1. CONDITIONS OF USE

 

  1. You must be 18 years of age or older to register, use the Services, or visit or use the Website/App in any manner. By registering, visiting and using the Website/App or accepting this Agreement, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website/App and the Services available through the Website/App, and agree to and abide by this Agreement. In cases, where a minor below the age of 18 years of age, wants to use the Website/App, such an End-User shall duly register herself/himself through the permission of her/ his parent/ legal guardian and such a parent/ guardian hereby agrees to accordingly register and supervise the usage by, and be responsible for the action of any such minors who use the Website/App. The parent/ legal guardian shall enter into this Agreement on behalf of such minor, and bind herself/ himself in accordance with all terms and conditions herein. The parent/ legal guardian also consents to the User Information being taken of such minor as specified in the Privacy Policy. To fully avail the services of the Website/App, you must download it from the Google Playstore App or an Apple App Store and verify your phone number.

 

  1. Without limitation to the foregoing, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, or are, for any reason, unable to provide Consent as per the SPDI Rules or as required hereunder, you are not eligible to register for, use or avail the services available on the Website/App.

 

  1. Your use of the Website/App is under a license from us. Your license to use the Website/App is personal, revocable, non-assignable and non-exclusive. You, therefore may not use the Website/App for any commercial purpose.

 

  1. The End-User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

 

  1. You are responsible for each mobile/tablet you use to access the Website/App, including maintaining properly running compatible updated software, a suitable internet connection, and an appropriate firewall and virus scanning software. The Company will not be liable for your failure to update or use the Website/App in the appropriate manner. In the event you provide any false or inaccurate details or the Company has reasonable grounds to believe that the information provided by you is false, the Company reserves the right to suspend your Account and/or discontinue the Services to you at its sole discretion. The Company does not accept any liability for the loss or damage sustained by you as a result of such false information provided by you.

 

  1. THIRD PARTY SOFTWARE UPDATE:

 

Our Website/App runs on specific versions of third party operating systems and browser software for your computer or Smart Device (Platform Software). When the third party provider issues an update to Platform Software, we will require additional time to provide a compatible update to the Website/App. If you update Platform Software prior to our making available an appropriate update to the Website/App it is possible that you may no longer be able to use the Website/App, or the Website/App may not properly function.

 

  1. END-USER ACCOUNT

 

  1. GENERAL

 

  1. In connection with your use of the Services, you will be required to create and register an Account by completion of a registration form. You represent and warrant that all User Information uploaded or supplied by you in relation to your Account or any information you provide otherwise in connection with your use of the Services will be current, complete and accurate, and that you will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile.

 

  1. You are responsible for maintaining the confidentiality of your Account access information and username and password, if you are registered on the Website/App. You shall be responsible for all usage of your account and password, whether or not authorized by you. You shall immediately notify the Company of any actual or suspected unauthorized use of your account or password. The Company will not be liable for your losses, damage or injury caused by any unauthorized use of your account, however, you may be liable for the losses of the Company or others due to such unauthorized use.

 

  1. The Company shall not be responsible in any manner for the authenticity of the User Information (personal information or sensitive personal data or information) supplied by you to the Company or to any other person acting on behalf of the Company or to any of the partnered service providers of the Company.

 

  1. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to discontinue the Services to you at its sole discretion.

 

  1. It is your responsibility to keep your correct mobile number and email ID updated in the Account. All relevant information and records will be sent to the mobile number and/or email ID associated with the Account. Every time you change any contact information (mobile or email), the Company will send a confirmation of this update. The Company is not responsible for any loss or inconvenience caused due to your non-updation of your contact details for the Account.

 

  1. If you logout of your Account, the Company will retain all your User Information especially to the extent that this data is anonymously stored for purposes of evaluating aggregated non-personally identifiable data for improving inter alia market research and efficiency of services.

 

  1. USE OF INFORMATION

 

  1. The Company may by its Services and as per the Privacy Policy, collect anonymous data of your usage and information relating to the devices through which you access the Website/App. The collected information will be aggregated in a non-personally identifiable form and will be used only for improving the quality of the Company’s services, market research, to build new services and to customize the advertising and content you see by providing the non-personally identifiable data to third-party advertisers, as more particularly set out in the Privacy Policy.

 

  1. The Company may use such information collected from the End-User from time to time for the purposes of debugging and customer support related issues.

 

  1. The Company may use such information collected from the End-User from time to time for the purposes of medical reporting and understanding of trends in chronic disease management. Some of these research reports would also be published by the Company from time to time.

 

  1. TERMS APPLICABLE TO END-USER’S ACCOUNT

 

  1. The specific terms relating to the Account created by the End-User are as below, and are without prejudice to the rest of these Terms and the Privacy Policy:

 

  1. Your Account is only created after you have signed up and explicitly accepted this Agreement.

 

  1. Information available in your Account is of the following types:

 

  1. End User-created: Information generated and uploaded by you, including but not limited to health and medical information such as blood sugar levels, diagnostic test results (conducted by laboratories which are not Partnered Laboratories), food charts, daily activities, prescribed medication schedule etc.

 

  1. Doctor/hospital-created: Information generated by your interaction with a doctor who is registered with the Website/App including but not limited to prescriptions, electrocardiogram(ECG) tests, echocardiogram tests, ultrasound tests and health charts.

 

  1. Partnered Laboratory-created: Results of the diagnostic test results conducted by the Partnered Laboratories for the End-User uploaded through the Website/App.

 

  1. Any doctor/hospital or Partnered Laboratory, or Partnered Pharmacy created information is provided on anas-is’ basis and the Company does not validate the said information and makes no representation in connection therewith. The End-User should contact the relevant doctor/hospital Partnered Laboratory, and/or Partnered Pharmacy directly in case she/he wishes to point out any discrepancies or add, delete, or modify the information created by them in any manner.

 

  1. The Account is provided on abest-efforts as-is basis’. While the Company strives to maintain the highest levels of service availability, the Company is not liable for any interruption that may be caused to your access of the Services.

 

  1. The Company uses industry level security and encryption to your Account. However, the Company cannot guarantee prevention of unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual or suspected breach of account to the Company at contact@beatoapp.com (C/o Customer Relationship Manager).

 

  1. NO DOCTOR PATIENT RELATIONSHIP; SERVICES NOT FOR EMERGENCY USE

 

  1. The Company provides the Services for informational purposes only. Your use of the Services is only to aid you to monitor your lifestyle choices including your food habits, your routine daily activities, your blood glucose, your prescriptions and your diagnostic test results to facilitate you in managing your Diabetes. The Services do not contain or constitute, and should in any manner not be interpreted as, diagnosis, treatment, or medical advice or opinion. The Company does not provide diagnosis, treatment or medical services or render medical advice. The Services provided through Website/App are not a substitute for the advice of a medical professional, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition including but not limited to diabetes. If you require medical advice or services, you should consult a medical professional. Your use of the Services does not create a doctor-patient relationship between you and the Company.

 

  1. The Services are not intended to be a substitute for emergency healthcare or the advice of a medical professional. If you are an End-User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service or hospital.

 

  1. Without limiting the generality of the above, the Health Tips provided to the End-User on his/her use of the Website/App do not constitute medical advice or opinion. The Health tips algorithm is a fully automated system of tips and suggestions based on general nutritional and health information provided by you, and are not a substitute for medical advice or opinion. It is advisable that the End-User should check with a medical professional before following any of the Health Tips. Under no circumstances will the Company be responsible for any loss, damage or injury resulting from the End-User’s reliance on the Health Tip. The End-User is solely responsible for relying on the Health Tips and must follow their own discretion while using the Services.

 

  1.   INTERMEDIARY APPLICATION AND THIRD PARTY SERVICES

 

  1. The Website/App is merely a platform acting as an intermediary that provides services to parties including the End-User in association with the doctors/hospitals, Partnered Pharmacies and the Partnered Laboratories. The End-Users understand and agree that any interactions and associated issues with other End-Users and/or the Partnered Laboratories and/or the Partnered Pharmacies and/or registered doctors/Hospitals including but not limited to health and medical issues is strictly between you and the other part(ies)y. You shall not hold the Company responsible for any such interactions and associated issues. For avoidance of doubt, please note that the Company is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome of the interactions between the End-User, the hospital/ doctor, Partnered Pharmacies and the Partnered Laboratory.

 

  1. THIRD PARTY SERVICES

 

Certain features, aspects, products and services offered through the Services are provided, in whole or in part, by third parties, affiliates and business partners (Third-Party Services as provided by Third-Party Service Providers), including but not limited the service of Partnered Laboratories, Partnered Pharmacies and hospitals/doctors listed on the Website/App. In order to use Third-Party Services, you may be required to enter into additional terms and conditions with Third-Party Service Providers. If you do not understand or do not agree to be bound by those additional terms and conditions, you may not use the related Third-Party Services. In the event of any inconsistency between terms and conditions relating to Third-Party Services and the terms and conditions of this Agreement, those additional terms and conditions will control, although only with respect to such Third-Party Services. In the event that you choose to avail any such Third-Party Services, you will be absolutely and solely responsible for your interactions with such Third-Party Service Providers and the Company shall not be liable for any shortcomings or deficiency of service by such Third-Party Service Providers. If you select and allow a particular Third-Party Service Provider to access your User Information, the Company has no further control or responsibility regarding the information so shared. The Company hereby disclaims all responsibility and liability for any of your information collected directly or used by Third-Party Service Provider. The Company further disclaims all responsibility and liability for any content provided by the Third-Party Service Provider to you through the Website/App or in any other manner. For avoidance of doubt, the Company does not make any representation or warranty about the content, accuracy, validity, reliability, quality of any Third-Party Services.

 

Provided that nothing in these Terms will be construed as enhancing the scope of the Services, the liabilities or the obligations of the Company.

 

  1. RELATIONSHIP WITH RESPECT TO SPECIFIC THIRD-PARTY SERVICES

 

  1. Relationship between End-User and the doctor/hospital listed on the Website/App: If you decides to engage with a doctor/hospital listed on the Website/App through the use of the Website/App you do so at your own risk. The results of any search performed on the Website/App for doctor/hospital listed on the Website/App or the use of the services of any doctor/hospital listed on the Website/App should not be construed as an endorsement by the Company of any such particular doctor/hospital listed on the Website/App. You have an existing doctor-patient relationship with any doctor, with whom you have chosen to share the User Information in your Account with and the Website/App is in no way involved in this doctor-patient relationship. The doctor chosen by you is either from amongst the hospitals listed on the Website/App or, from amongst the individual doctors listed on the Website/App. The Company shall not be responsible for any breach of service or service deficiency by any doctor/hospital. The Company neither assures nor guarantees the ability or intent of the doctor/hospital to fulfill their obligations towards the End-User. Without prejudice to the generality of the above, the Company will not be liable for:

 

  1. any wrong medication or treatment quality being given by the doctor listed on the Website/App, or any medical negligence on part of the doctor/hospital listed on the Website/App even though such information may be stored on the Website/App;
  2. any wrong, incorrect or inaccurate medical advice or diagnosis given by the doctor/hospital listed on the Website/App even though such information is stored on the Website/App;
  3. any type of inconvenience, loss, injury or damage suffered by the End-User due to a failure on the part of the doctor/hospital listed on the Website/App to provide agreed services or to make herself/himself available at the appointed time, no show by the doctor, inappropriate treatment, or similar difficulties;
  4. any misconduct, negligence or inappropriate behaviour by the doctor/hospital listed on the Website/App or the staff of the dobctor/hospital listed on the Wesbsite/App;
  5. cancellation or rescheduling of booked appointment or any variance in the fees charged; and;
  6. any medical eventualities that might occur subsequent to using the services of a doctor/hospital listed on the Website/App.

 

  1. Relationships between the End-User and the Partnered Laboratory: If the End-User decides to use the services of a Partnered Laboratory through the use of the Website/App, the End-User does so at his/her own risk. You understand that services provided by the Partnered Laboratories shall be construed as Third-Party Services. The results of any search performed on the Website/App for laboratories should not be construed as an endorsement by the Company of any such particular Partnered Laboratory. The Company shall not be responsible for any breach of service or service deficiency by any Partnered Laboratory. The Company neither assures nor guarantees the ability or intent of the Partnered Laboratory to fulfill their obligations towards the End-User. Without prejudice to the generality of the above, the Company will not be liable for:

 

  1. inaccurate or incorrect results of the diagnostic tests undertaken by the End-User at the Partnered Laboratory even though such information may be stored on the Website/App and/or failure to conduct the relevant diagnostic tests;

 

  1. failure to upload and make available the test results at the scheduled time;

 

  1. any type of inconvenience, loss, injury or damage suffered by the End-User due to a failure on the part of the Partnered Laboratory to provide agreed services at the appointed time, to be available for home sample collection, to provide appropriate services, or any similar difficulties provide agreed services, to be available for home sample collection;

 

  1. any misconduct, negligence or inappropriate behaviour by the staff of the Partnered Laboratory;

 

  1. any mismanagement/fraud/theft or other issues relating to payment for the services provided by the Partnered Laboratories;

 

  1. cancellation or rescheduling of booked appointment or any variance in the fees charged by the Partnered Laboratories; and

 

  1. any medical eventualities that might occur subsequent to using the services of a Partnered Laboratory, including but not limited to any medical negligence by the staff of the Partnered Laboratory and infections or other ailments contracted as a result of the use of the Partnered Laboratory.

 

  1. Relationships between the End-User and the Partnered Pharmacy: If the End-User decides to use the services of a Partnered Pharmacy through the use of the Website/App, the End-User does so at his/her own risk. You understand that services provided by the Partnered Pharmacies shall be construed as Third-Party Services. The results of any search performed on the Website/App for pharmacies should not be construed as an endorsement by the Company of any such particular Partnered Pharmacy. The Company shall not be responsible for any breach of service or service deficiency by any Partnered Pharmacy. The Company neither assures nor guarantees the ability or intent of the Partnered Pharmacy to fulfill their obligations towards the End-User. Without prejudice to the generality of the above, the Company will not be liable for: 

 

  1. any type of inconvenience, loss, injury or damage suffered by the End-User due to failure of the Partnered Pharmacy to provide the correct medicine or any medicine as ordered by the End-User;
  2. any type of inconvenience, loss, injury or damage suffered by the End-User due to failure of the Partnered Pharmacy to provide/deliver the required medicines within a reasonable time;
  3. any mismanagement, fraud, theft, inconvenience, loss, injury, damage or other issues related to payment for the required medicines;
  4. any medical eventualities that might occur subsequent to using the services of the Partnered Pharmacies.

 

  1. LISTING OF DOCTORS/HOSPITAL, PARTNERED PHARMACIES AND PARTNERED LABORATORIES

 

The listing of doctors/hospitals, Partnered Pharmacies and Partnered Laboratories on the Website/App is a fully automated system that lists the doctors/hospitals/Partnered Pharmacies /Partnered Laboratories. These listings of doctors/hospitals, Partnered Pharmacies or Partnered Laboratories do not represent any ranking or endorsement by the Company. The Company in no event will be held responsible for the accuracy and the relevancy of the listing order of the doctors/hospitals, Partnered Pharmacies and Partnered Laboratories on the Website/App.

 

  1. CONTENT

 

  1. WEBSITE/APP CONTENT

 

  1. All content and other materials available through the Website/App and Services belong to the Company. The Company authorizes the End-User to view and access the content available on or from the Website/App solely for visiting, ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website/App including but not limited to the, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website/App (collectively, the Company Content), are the property of the Company and are protected under copyright, trademark and other applicable laws. End-User shall not modify, copy or duplicate the Company Content or reproduce, display, publicly perform, distribute, or otherwise use the Company Content in any way for any public or commercial purpose or for personal gain.

 

  1. Copying of the copyrighted content published by the Company on the for any commercial purpose or for the purpose of earning profit will be a violation of copyright and the Company reserves its rights under applicable law accordingly.

 

  1. The information in a non-personally identifiable aggregated form directly or indirectly collected from the End-User belongs to the Company.

 

  1. USER GENERATED CONTENT

 

  1. The role of the Company in publishing any End-User generated content is that of an intermediary under the Information Technology Act, 2000. The Company disclaims all responsibility with respect to the content of the End-User generated content, and its role with respect to such content is restricted to its obligations as an intermediary under the said Act.

 

  1. As mandated by Regulation 3(2) of the Information Technology (Intermediary Guidelines) Rules 2011, the Company hereby informs End-User that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

 

  1. belongs to another person and to which the End-User does not have any right to;
  2. grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  3. harm minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonate another person;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

 

  1. In addition to the above, End-User are also prohibited from:
    1. violating or attempting to violate the integrity or security of the or any of the Company Content;
    2. intentionally submitting on the Website/App any incomplete, false or inaccurate information;
    3. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website/App;
    4. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website/App;
    5. copying or duplicating in any manner any of the Company Content or other information available from the Website/App; and
    6. framing or hot linking or deep linking any the Company Content.

 

  1. The Company, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such prohibited information (as mentioned above) generated by End-User, or on being notified by the appropriate Government or its agency that the Website/App is being used by the End-User to commit any unlawful act and/or is being used in violation of Paragraphs 15.2.2 and 15.2.3 above, shall be entitled to remove or disable access to the material or information that is in contravention of this Paragraph. The Company is entitled to act, as required by the Information Technology (Intermediary Guidelines) Rules 2011, within 36 (thirty six) hours of obtaining such knowledge and, where applicable, work with End-Users to disable such information that is in contravention of applicable law. The Company shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

 

  1. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement by an End-User, the Company has the right to immediately terminate the access or usage rights of the End-User to the Website/App and Services and to remove non-compliant information from the Website/App.

 

  1. The Company may disclose or transfer End-User-generated content to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The Company will comply with any duly-issued government or court directions to disable access to the End-User-generated content, should it be found to be illegal by a competent governmental authority.

 

  1. THIRD PARTY WEBSITES

 

The Website/App may be linked to the website of third parties, affiliates and business partners. The Company has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on or through third-party websites. Accordingly, the Company does not represent, warrant or endorse any third-party website, or the accuracy, currency, content, fitness, lawfulness or quality of the information material, goods or services available through third-party websites. In the event if any contents of such third-party websites, infringes any intellectual property of any person, such third party shall alone be liable and the Company does not assume any responsibility for the same. The Company disclaims, and you agree to assume, all responsibility and liability for any damage, loss, injury or other harm, whether to you or to third parties, resulting from your use of third-party websites. You may use the links and these services at your own risk.

 

  1. DISCLAIMERS

 

  1. NO WARRANTIES

 

The Services provided by the Company or any of its licensors or service providers are provided on an “as is” and “as available” basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). The Company does not provide or make any representation, warranty or guarantee, express or implied about the Website/App or the Services. The Company does not guarantee the accuracy or completeness of any content or information provided by End-User on the Website/App. Without limiting the foregoing, the Company makes no warranty that (a) the Website/App or the Services will meet your requirements or your use of the Website/App will be uninterrupted, timely, secure or error-free; (b) the results that may be obtained from the use of the Website/App or Services will be effective, accurate or reliable; (c) the quality of the Website/App or Services will meet your expectations; or (d) any errors or defects in the Website/App or Services will be corrected. No advice or information, whether oral or written, obtained by you from the Company or through or from use of the Website/App shall create any warranty not expressly stated in the terms of use. The Company shall have no liability to the User for any interruption or delay, to access the Website/App irrespective of the cause. To the fullest extent permitted by law, the Company disclaims all liability arising out of the End-User’s use or reliance upon the Website/App, the Services, representations and warranties made by other End-Users, the content or information provided by the End-Users on the Website/App, or any opinion or suggestion given or expressed by the Company.

 

  1. YOUR RESPONSIBILITY FOR LOSS OR DAMAGE

 

  1. You agree that your use of the Website/App and Services is at your sole risk. You will not hold the Company or its Third-Party Service Providers, licensors and suppliers, as applicable, responsible for any loss, damage or injury that results from your access to or use of the Services, or use of the Website/App, including and without limitation to any loss, damage or injury to any of your devices or data.

 

  1. The Company assumes no responsibility, and shall not be liable for, any damages, loss or injury to, or bugs, errors, viruses or other limitations and problems that may infect End-User’s equipment on account of End-User’s access to, use of, or browsing the Website/App or the downloading of any material, data, text, images, video content, or audio content from the Website/App. If an End-User is dissatisfied with the Website/App, End-User’s sole remedy is to discontinue using the Website/App.

 

  1. You hereby acknowledge that a server failure or other event could result in the loss of all of the data related to your Account. The Company endeavours to have a backup server but is not liable in any manner for the loss of data as a result of the server failure and urges End-Users to back up the data related to their Account.

 

  1. LIMITATION OF LIABILITY

 

  1. In no event, including but not limited to negligence, shall the Company, or any of its directors, officers, employees, agents, content or service providers (collectively, theProtected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, arising from, or directly or indirectly related to the use of, or the inability to use, the Website/App, or the content, materials and functions related to the Services or any other legal theory, and whether or not the Company has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed. In no event shall the Protected Entities be liable for:

 

  1. provision of or failure to provide all or any service by doctors/hospitals listed on the Website/App and Partnered Laboratories and Partnered Pharmacies to End-Users contacted or managed through the Website/App;
  2. any content posted, transmitted, exchanged or received by or on behalf of any End-User or other person on or through the Website/App;
  3. any unauthorized access to or alteration of your transmissions or data;
  4. any other matter relating to the Website/App or the Service; or
  5. any losses, damage, injuries or expenses incurred by the End-Users as a result of any disclosures made by the Company, where the End-User has consented to the making of disclosures by the Company. If the End-User had revoked such consent under the terms of the Privacy Policy, then the Company shall not be responsible or liable in any manner to the End-User for any loss, damage, injury or expense incurred by the End-User as a result of any disclosures made by the Company prior to its actual receipt of such revocation.

 

  1. In no event shall the total aggregate liability of the Protected Entities to an End-User for all damages, losses, injuries and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or an End-User’s use of the Website/App or the Services exceed, in the aggregate Rs.10,000 (Rupees Ten thousand).

 

  1. MISCELANEOUS

 

  1. You acknowledge that access to the Website/App will be provided over various facilities and communication lines, and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices (collectively,Transfer Lines”) owned, maintained, and serviced by third-party carriers, utilities, and internet service providers, all of which are beyond our control. we assume no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted on the Transfer Lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on the Transfer Lines. Use of the Transfer Lines is solely at your risk and is subject to all applicable local, state, national, and international laws.

 

  1. You acknowledge that other End-Users have access to and are receiving our Services. Such other End-Users have committed to comply with this Agreement concerning use of the Services; however, the actions of such other End-Users are beyond our control. Accordingly, the Company do not assume any liability for or relating to any impairment of the privacy, security, confidentiality, integrity, availability, or restricted use of any information on the system resulting from any End-Users actions or failures to act.

 

  1. The Company is not responsible for unauthorized access to your data, facilities or equipment by individuals or entities using the system or for unauthorized access to, alteration, theft, corruption, loss or destruction of your data files, programs, procedures, or information through the system, whether by accident, fraudulent means or devices, or any other means. You hereby waive any damages occasioned by lost or corrupt data, incorrect reports, or incorrect data files resulting from programming error, operator error, equipment or software malfunction, security violations, or the use of third-party software. The Company is not responsible for the content of any information transmitted or received through our provision of the Services.

 

  1. TERMINATION

 

  1. The Company reserves the right to suspend or terminate an End-User’s access to the Website/App and the Services, at its sole discretion, with or without notice to such End-Users and upon such termination, the End-User’s right to use the Website/App and the Services therein immediately ceases. The End-User agrees that the Company shall not be liable for such termination. Without prejudice to any other rights available to the Company under the Agreement or applicable law, the Company reserves the right to exercise any other remedy available under law, in the following cases:

 

  1. End-User breaches any terms and conditions of this Agreement;
  2. A third party reports violation of any of its right as a result of the End-User’s use of the Services;
  3. End-User provides fraudulent, inaccurate, or incomplete information to the Website/App;
  4. the Company is unable to verify or authenticate any information provide to the Company by an End-User;
  5. the Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such End-User; or
  6. the Company believes in its sole discretion that End-User’s actions may cause legal liability for the End-User, other End-Users or for the Company or are contrary to the interests of the Website/App.

 

  1. Once temporarily suspended, indefinitely suspended or terminated, the End-User may not continue to use the Website/App under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such End-User shall no longer have access to data, messages, files and other material kept on the Website/App by such End-User.

 

  1. INDEMNITY

 

End-User agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, injuries and/or costs (including reasonable attorney fees and costs) arising from the End-User’s access to or use of Services, violation of this Agreement by the End-User, or infringement of any intellectual property or other right of any person or entity by the End-User. The Company will notify the End-User promptly of any such claim, loss, liability, or demand. In addition to the User’s aforementioned obligations, the User agrees to provide the Company with reasonable assistance in defending any such claim, loss, liability, damage, injury or cost at the User’s expense.

 

  1. APPLICABLE LAW AND DISPUTE SETTLEMENT

 

  1. You agree that this Agreement and any contractual obligation between the Company and End-User will be governed by the laws of India.

 

  1. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website/App or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by the Company. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

 

  1. Subject to the above Paragraph 20.2, the courts at New Delhi(India) shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website/App or the Services or the information to which it gives access.

 

  1. SEVERABILITY

 

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms. However, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

 

  1.   WAIVER

 

No provision of this Agreement 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 by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

 

  1. CONTACT INFORMATION GRIEVANCE OFFICER

 

  1. If an End-User has any questions concerning the Company, the Website/App, this Agreement, the Services, or anything related to any of the foregoing, the Company customer support can be reached at the following email address contact@beatoapp.com.

 

  1. In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website/App or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:

 

Grievance Officer
A-09, FIEE, Okhla Industrial Area,
Phase II, New Delhi 110020
+917863023286
contact@beatoapp.com

 

In the event you suffer as a result of access or usage of the Website/App by any person in violation of Rule 3 of the Information Technology (Intermediary Guidelines) Rules 2011, please address your grievance to the above person.

 

  1. General BeatO Products Returns Policy

 

  1. The following general returns policy is applicable to all items sold on the Website/App. In general, an item may be eligible for return within the applicable return window if it fulfills one or more of the following conditions:

 

  1. It was delivered in a physically damaged condition; or
  2. It has missing parts or accessories; or
  3. It is different from what was ordered; or
  4. It is different from its description on the product detail page on www.beatoapp.com; or
  5. When goods delivered are expired at the time of delivery.

 

  1. Products marked as “non-returnable” on the product detail page cannot be returned. Please ensure you view the identification of non-returnable items on the product page for ease of understanding. Please note that the Company is not obliged to accept return with respect to products which are damaged, tampered, unsealed or used by the End-Users. Additional details with respect to return are given below:

 

Product

Return Window and Exceptions

Glucometer

14 Days from receipt; Replacement / Refund

Glucometer Strips

Non-returnable (except if delivered post expiry date)

Food & Beverages

07 Days from receipt  Replacement / Refund (Returnable if you’ve received the product in a condition that is damaged, defective or different from its description on the product detail page on www.beatoapp.com)

Medicines

If the return request is made within 15 days from the date of purchase and the medicines are not damaged, unsealed or used by the End-Users. [1]

 

  1. All items must be returned in their original condition, with price tags intact, user manual, warranty cards, original accessories and in the original manufacturer’s box/packaging as delivered to you.  The Company may reject the return pickup if the items are not returned according to guidelines provided above.

 

  1. Refund Policy[2]

 

  1. The following refund policy shall be applicable to all products sold through the Website/App:

 

Subject to inspection and exercise of sole discretion by the Company, the products which are not damaged, unsealed, tampered or used by the End-Users are eligible for 100% Refund in the event of one or more of the following cases:

 

  1. a defective product is received; or
  2. the product is lost in transit; or
  3. the product is past its expiry date; or
  4. the order is cancelled before shipment.

 

  1. The refund shall be initiated within 10-12 working days from the date of acceptance of the refund requests.

 

  1. For any refund requests with respect to products sold directly by the Company on the Website/App, the Company may be reached at [contact@beatoapp.com] or you may contact us at [+917863023286 ].

 

  1. Cancellation Policy[3]

 

  1. Any cancellation request by any End-Users shall be governed by the terms contained below:

 

Stage or order/shipment when cancellation request is made

Amount of Refund upon acceptance of cancellation request

After acceptance of order & before shipment of order

100% of total order amount shall be refunded

After shipment of order & before delivery of order

90% of total order amount shall be refunded after deducting 10% towards logistics and shipment costs

After delivery of the order

Cancellation of the order not possible. End-User may request for return of the product.

 

  1. It is clarified that the products and services of third parties listed on the Website/App (Third party products and services”) does not form part of the products of the Company. Therefore, requests for refund; return or cancellation with respect to such Third party products and services shall lie directly with such third parties and not with the Company.

 

  1. With respect to Third party products and services, the Company is only an intermediary connecting the End-User with the registered doctors/ hospitals, Partnered Pharmacies and Partnered Laboratories and therefore not liable to entertain refund, cancel or return request for such products and services.