ASHVA WEARABLE TECHNOLOGIES PRIVATE LIMITED (Ashva Wear Tech)
TERMS AND CONDITIONS FOR BUSINESS USERS
- Ashva Wearable Technologies Private Limited (hereinafter referred to as “we”, “us”, or “Company”) is engaged in the business of retailing wearable devices called Mudra, Fitmust and Fitknees under the brand ‘Ashva WearTech’ which provides basic insights on sitting posture, gait, balance, muscle strength, joint range of motion, joint proprioception, staircase climbing ability, 6 Minute walk test ability and balance (“Basic Functionalities”). The user data, findings, reports, and dashboard services pertaining to each such Basic Functionality together with other value added services may be available on a mobile application, developed by the Company, available at Google PlayStore and Apple’s AppStore under the name ‘Ashva WearTech’ , ‘mudra’, ‘fitmust’ or ‘fitknees’.
- This document (the “User Terms”) read with the applicable Service Documents sets out the terms and conditions which govern the use of the Services by the Customer (hereinafter referred to as “you”, “your” or “User” or “Customer”) and describe the terms on which the Company offers you access to the Services.
- Defined Terms: Unless the context otherwise requires, capitalized terms not defined herein shall have the meaning ascribed to such terms in the binding agreement executed between the Company and the Customer governing the provision of the Services by the Company (“Agreement”).
- By executing the Agreement, you signify your acceptance of these User Terms which take effect on the date on which such Agreement becomes effective. By accepting these User Terms, you also accept and agree to be bound by Company’s policies, as amended, from time to time in accordance with these User Terms.
- As long as you comply with the Service Documents, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Services. As part of the Platform Services (forming part of the Services), if so agreed between you and the Company under the Agreement, the Company also provides you with a personal, non-exclusive, non-transferable, and limited privilege to use the Software on the terms and conditions set forth herein, or otherwise in the Service Documents.
- For the purposes of these User Terms and the other Service Documents, the term “Software” shall mean and include the application programming interfaces (source code and/or object code as applicable), with the exception of any open source software (forming part thereof), documentation, sample code, simulators, software development kits, tools, libraries, data, files, and materials provided or made available by the Company to you for the purpose to transferring, transmitting or otherwise making available the data collected by the Devices (including but not limited to, End User Data) to you or your servers, applications, platforms and/ or databases.
- These User Terms are an electronic record in terms of the Information Technology Act, 2000, the applicable rules thereunder (as amended from time to time) and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 and are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
- While these User Terms will apply to your use of the Platform and/ or the Platform Services, there may be additional terms, if applicable, such as the terms imposed by the mobile application stores like Apple’s AppStore, Android’s Play Store, from time to time which will govern the use of the Application if the Application has been downloaded from these platforms or usage terms imposed by any third party software system providers providing dashboard, ticketing or similar services which will govern the use of such services (together the “Additional Terms”). Such Additional Terms, to the extent applicable, are hereby deemed to be incorporated into these User Terms by way of reference.
3. USER COVENANTS
- By executing the Agreement you agree and acknowledge that:
- you will use any or all of the Products and/ or Services (hereafter ‘Services’) provided by the Company only for the purposes that are permitted by and are in accordance with (a) the Agreement, (b) these User Terms, (c) the SOWs, and (c) applicable law, and not for any fraudulent purposes or with a view to cause nuisance, annoyance or inconvenience;
- all the calls made to the Company, or any reason or purpose whatsoever, may be recorded by the Company for quality and training purposes; and
- you are solely responsible for any breach of these User Terms and for the consequences resulting from such breach (including any loss, damage or expense suffered or incurred by the Company or its affiliates/business partners/vendors).
- As mandated by the Information Technology (Intermediaries Guidelines) Rules, 2011, and to the extent it is applicable to these User Terms, the Company hereby informs you that you are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which you do not have any right;
- is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, racial, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates or defames another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
- 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 to any other nation.
- You are also prohibited from:
- violating or attempting to violate the integrity or security of the Platform;
- transmitting any information on or through the Platform that is disruptive to the provision of the Services provided by the Company;
- intentionally submitting on the Platform any incomplete, false or inaccurate information;
- making any unsolicited communications to other users of the Platform;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform;
- copying or duplicating in any manner any of the information available on the Platform;
- framing or hot-linking or deep-linking any contents from the Platform;
- accessing or tampering with the non-public areas of the Platform and the Company’s computer systems, or the technical delivery systems of its providers;
- testing the vulnerability of the Platform or breaching any security or authentication measures implemented by the Company; and
- accessing the Services through the use of any mechanism other than as provided in the Service Documents.
- The Company, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email about any such information as mentioned in clause 3.2 and/or clause 3.3 above, shall be entitled to disable such information that is in contravention of clause 3.2 and/or clause 3.3 and the Company shall be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.
- Covenants with respect of usage of the Software: Subject to your adherence and compliance with the Service Documents, and if applicable under the Agreement, the Company shall share (and disclose) the End User Data, in form, manner and substance agreed with you, to you, by way of providing the necessary Software, as may be agreed between you and the Company (along with reasonable assistance for integration of the Software into your software infrastructure, including applications, dashboard software or other software systems). You hereby accept, acknowledge and agree that, in the event that the any PII pertaining to the End Users, is made available to the Company by you pursuant to the provision of the Software to you (as part of the Services), or otherwise comes into the possession of the Company pursuant to, or incidental to, the provision of the Services to you, the Company may, subject to the applicable law of the jurisdiction in which the relevant End User is situated or where the relevant Device in question is being used or utilized by and End User, be required to disclose to such End User(s) by way of notification to the such End User, that the Company by virtue of its relationship with the Customer has been given access to the PII of such End User.
- Covenants with respect to End User Data: You hereby represent and covenant, to the Company that:
- the End User Data will be used by you (or the Authorized Persons) solely for the purposes of providing the services to the relevant End User as agreed between you and the relevant End User;
- the End User Data will not be disclosed to any Third Party without our prior written consent, in each such case of proposed disclosure;
- the End User Data will be shared with the Customer’s officers, directors, agents, and employees who require access to such information to perform their respective functions in the provision of services to the End Users (each such person, an “Authorized Person”), and the Customer shall procure that each such Authorized Person is bound by confidentiality obligations of such nature that is necessary, and expedient, in order to protect and safeguard the confidentiality of the End User Data;
- the End User Data will be treated as ‘Confidential Information’ (as defined in the Agreement) and such information shall be used only in accordance with applicable law and the relevant provisions of the Agreement.
It is expressly agreed between you and the Company that any direct claims, losses, liability, damages or costs incurred by the Company, in connection with a breach of this clause 3.6 by you (or the Authorized Persons) shall be indemnifiable by the Customer in accordance with the Agreement.
For the purposes of these User Terms and the other Service Documents, the term “End User Data” shall mean the (i) health data/ information, including but not limited to, reports, monitoring data, compilations, readings, sleep patterns, cardiovascular and breathing patterns or such other readings, measurements or data, (ii) account related data, including but not limited to, usernames and passwords and (iii) any other PII of the End Users, generated through the use of the Devices (and other Services) by the End Users, harnessed by the Company and shared with the Customer.
- THIRD PARTY SERVICES AND INFORMATION
- The Company may provide information on the Platform regarding third party website(s), mobile applications, affiliates or business partners and/or contain links to their websites, products offered by them, or content provided by them. Such information, links, and products are provided solely for the purpose of your reference or to incentivize you to use the Services. The Company is not endorsing third party material on the Platform, is not responsible for any errors and representation relating to such third party material, and is not associated with such third party material, and you shall access these third party websites, buy their products, and/or access their content at your own risk. Further, it is up to you to take precautions to ensure that whatever links you select or software you download from the Platform, other than such Software which is developed by the Company, is free of such items such as, but not limited to, viruses, worms, trojan horses, defects and other items of a destructive nature.
- The Platform may also host services which are provided by third parties (“Third Party Services”) or provide options to its users to use Third Party Services through the Platform. In such cases, you agree that you shall be subject to adhere to the terms and conditions of the Third Party Services framed by the third party service providers (“Third Party Providers”).
- [The End Users may access Third Party Services using reward points offered by the Company. Provided, that, the Company reserves all rights to change the terms of the reward points, remove any Third Party Services from the Platform, discontinue the reward point system or debar any Third Party Providers from the Platform.]
- RESPONSIBILITIES OF THE COMPANY
- While the Company endeavours to provide Services on par with industry standards and technology support at all times, the Company assumes no responsibility, and shall not be liable for, any damages caused by viruses, trojans or any other form of malware, adware and other malicious programs that may infect your computer system, mobile phone or any hardware or software used by you to access or use the Platform and which may have an adverse impact on your experience of browsing or using the Platform. You are expected to use adequate anti-virus software and firewalls in your device to guard against possible attacks by all kinds of malicious software.
- The Company regularly undertakes feedback of its users relating to the use of the Platform and the Company endeavours to improve the Platform based on such feedback at regular intervals. However, the Company cannot assure you that your feedback will be accommodated, at all times, while performing changes to the Platform.
- In the event you are facing any issues relating to the Platform Services, you should reach out to the technical support team of the Company using in platform support tool or by sending an email at email@example.com.
- The contents of the Platform are for general information and reference purposes only and are not intended as medical advice or medical data. Due to the vagaries that can occur in the electronic distribution of information, there may be delays, omissions, or inaccuracies in the content provided on the Platform or delay or errors in the functionality of any or all of the Services. While the Company endeavours to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability thereof for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
- The Company periodically conducts scheduled maintenance and upgradation exercises for the Platform and the Platform Services which may impact the performance of the Platform and some functions and features may not be fully operational during those periods. Such maintenance and upgradation exercises will be conducted with prior notification to you.
- While every effort is made by the Company to keep the Platform up and running smoothly, the Company takes no responsibility for, and will not be liable for, the Platform being temporarily unavailable due to technical issues beyond our control.
- You acknowledge and agree that at no time are we making any representation or warranty regarding any goods, services, or content provided by a Third Party Provider nor will we be liable to you or any such Third Party Provider for any consequences or claims arising from or in connection with the goods provided by such Third Party Provider. You hereby disclaim and waive any rights and claims you may have against us with respect to goods or services or content of a Third Party Provider.
- You understand and agree that the use of the Services requires electricity, internet connectivity and telecommunication links without which the Services will not be accessible. You shall bear the costs incurred to access and use the Services and we shall not, under any circumstances whatsoever, be responsible or liable for such costs. We will not be liable for any issues in the Services that arise directly or indirectly due to faulty or lack of electricity, internet connectivity, and/or telecommunication links.
- You understand, agree and acknowledge that:
- The sole purpose of the Services is to enable the User to observe, monitor, and analyze basic insights on sitting posture, gait, balance, muscle strength, joint range of motion, joint proprioception, staircase climbing ability, 6 Minute walk test ability and balance (to the extent applicable to the Services being provided to you by the Company) when used in accordance with the user instructions. Any information or data provided to you pursuant to use of the Services is solely to enable the making of informed decisions about joint, muscle and lifestyle health (to the extent applicable to the Services being provided to you by the Company), but should not, under any circumstances, be treated or relied upon as medical services or medical advice or be used to prescribe or administer medication;
- the efficacy of the Services are dependent of the proper usage of the Device and the Company shall not be responsible for inaccurate, incomplete, or misleading data arising out of the usage of Services if the Device has been misused, incorrectly used, or not used in accordance with the user instructions;
- the Services are not intended to diagnose, treat, cure, or prevent any disease or disability;
- no advice or recommendation provided by the Company or its representatives (through any medium whatsoever) should be treated or relied upon as medical advice. Please note that any and all information, data, reports, generated by the Company pursuant to use of the Services is not verified by certified medical practitioners and should not be treated or relied upon as medical advice or a medical report or medical data. The accuracy of the data collected and presented through the you use of the Services is not intended to match that of medical devices or scientific measurement devices;
- any data, information and other content (including blogs, videos, infomercials) related to sitting posture, gait, balance, muscle strength, joint range of motion, joint proprioception, staircase climbing ability, 6 Minute walk test ability and balance and such other content are for reference only and should not be treated as medical information or medical data;
- you/ End User (as applicable) should refrain from undertaking any courses or exercises available on the Platform if you/ End User (as applicable) have any prevailing medical conditions which may get aggravated upon undertaking any such courses or exercises;
- the Company strongly recommends that a certified medical practitioner be contacted in case any medical assistance or intervention is required (including but not limited to medical tests and examinations); and
- the Company disclaims any and all liability for any damage, injury, death or disablement suffered by you/ End User (as applicable), in connection with or related to your use of the Services.
- INTELLECTUAL PROPERTY RIGHTS
- The Company is the sole owner of all intellectual property rights in the Device and the Platform, and it is either the owner or the licensee of the materials/contents published therein (excluding the materials and contents published or uploaded by the users of the Platform). Copying, storing, distributing, transmitting or otherwise modifying any content on the Platform other than for your personal use is prohibited and shall amount to an infringement of the intellectual property rights of the Company or the relevant licensor(s) under applicable laws. If you print off, copy or download any part of the Platform in breach of these User Terms, your right to use the Services will cease immediately and you must, at your option, return or destroy any copies of the materials you have made.
- All rights not otherwise claimed under these User Terms are hereby reserved.
- We accept no responsibility for any errors or omissions, or for the results obtained from the use of the information or content available on the Platform. All information provided on the Platform is provided “AS IS” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to, warranties of performance, merchantability and fitness for any particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s).
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Services if you breach the Service Documents. Upon any such suspension, deactivation, or termination, we may delete or remove information related to the Services on the Platform. You may terminate your account at any time by contacting the technical support team of the Company using the in platform support tool on the Application or by sending an email at firstname.lastname@example.org. Upon termination of your account, all PII pertaining to the relevant Customer and the relevant End Users will be destroyed, however, non-identifiable and anonymized demographic health information or data may continue to remain to be stored on the Company’s servers/ database(s). Such non-identifiable and demographic health information or data will remain anonymized and may not be capable of being recovered in the event you choose to create a new account or re-access the Services.
We are committed to providing excellent user experience. Therefore, we attend to user complaints with diligence. We aim to respond to your complaints within 15 working days. All complaints and feedback should be addressed to the following email ID email@example.com.
THE TERMS OF SALE AND WARRANTIES CONDITIONS OF THE DEVICE(S)
- RETURN POLICY
- If you are unsatisfied with your purchase of the Device from the Company or an authorized reseller or sales channel, for any reason, you are entitled to a full refund (excluding shipping and handling fees, and all taxes paid) if you meet the following conditions:
- you have requested for return authorization within 10 days of your shipment date by contacting 9176697988 or sending an email to firstname.lastname@example.org;
- you have returned the Device, including all parts included in the original packaging in good physical condition, subject to such verification having been concluded by the Company representatives collecting the Device from you; and
- you have included or provided the return authorization code or number with your return.
- If your return fails to meet any of the above conditions, we may, in our discretion,
refuse to accept it or charge you a restocking fee of up to 80% of the original price.
2. NOT FOR RESALE
The Company reserves the right to refuse or cancel your order if we suspect that the Device is being purchased for resale.
3. ORDERING, SHIPPING AND DELIVERY
While it is our practice to confirm orders by e-mail, your receipt of an e-mail confirmation does not constitute our acceptance of your order or our confirmation of an offer to sell a product or service.
Upon making a request for purchase from the Company or an authorized reseller or sales channel, you may be asked to supply certain relevant information, such as your payment and shipping information. You represent and warrant that you have the right to use the payment method that you choose to use to complete any such transaction. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating requisite transactions. Verification of information may be required prior to the acknowledgment or completion of any transaction.
The actual delivery of your order can be impacted by many events beyond our control, and you agree we are not liable for late deliveries. Title to the products will pass to you upon delivery of the products to the carrier, however, risk of loss of, or damage to, the products will pass to you upon delivery of the products to you.
4. SOFTWARE LICENSE
To the extent the products ordered by you contain, consist of, or make available the Company’s software in any form, such Software is licensed to you and not sold, in accordance with the User Terms. The license to the Company’s Software, depending on your nature of subscription to the Services, may include (i) a single user license, where the Device shall only be capable of being paired with a single user by way of matching identifiers (such as unique ID) with the relevant End User, and (ii) a multi user license, where the Device may be paired with multiple End Users depending on the requirements of the Customer, from time to time.
- LIMITED PRODUCT WARRANTY
- The Company warrants to you, the original purchaser of the Device, that the Device (along with the accessories for the Device) purchased by you shall be free from defects in materials for a period of 1 year from the date of purchase of the Device (the “Warranty Period”).
- Remedies: If such a defect arises and a request is received by the Company within the applicable Warranty Period, the Company will, at its option and to the extent permitted by law, either (1) repair the Device at no charge, using new or refurbished replacement parts, or (2) replace the Device. In the event of such a defect, to the extent permitted by applicable law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. Any replacement Device will be warranted for, and shall not exceed, the remainder of the original Warranty Period.
- Exclusions and Limitations: The Company does not warrant that the operation of the Device will be uninterrupted or error-free. These limited product warranties do not cover Software embedded in any Device and related services provided by the Company. See the User Terms for details of your rights with respect to use of the software and related services.
These limited product warranties apply only to the original purchaser of the Product that was purchased from the Company or an authorized reseller or sales channel. Without limiting the foregoing, these limited product warranties do not apply to third-party products or accessories.
These limited product warranties do not apply to a Device or part of a Device that has been serviced, altered, refurbished, or modified by anyone who is not authorized by the Company, nor does it apply to any cosmetic damage such as scratches and dents. In addition, these limited product warranties do not apply to damage or defects caused by (a) use with non-Company products, (b) accident, abuse, misuse, mishandling, flood, fire, earthquake or other external causes, (c) normal wear and tear or aging of the Device such as discoloration or stretching, or (d) operating the Device (i) outside the permitted or intended uses described by Company, (ii) not in accordance with instructions provided by Company, or (iii) with improper voltage or power supply.
If any term contained herein is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
- Implied warranties: Except to the extent prohibited by applicable law, all implied warranties shall be limited in duration to the duration of the applicable warranty period.
You are solely responsible for determining the compatibility of the Device with any required equipment (e.g., ensuring that you are using a compatible mobile device or computer system). You expressly agree that lack of compatibility does not constitute a defect giving rise to a claim under our limited product warranty.