ASHVA WEARABLE TECHNOLOGIES PRIVATE LIMITED (Ashva Wear Tech) USER TERMS AND CONDITIONS
1. 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’.
(i) the health tracking devices retailed and distributed by the Company under the brand ‘Ashva WearTech’ (the “Device”, which term will include all accessories to the Device);
(ii) the mobile application developed by the Company (the “Application”) for mobile and handheld devices available offline, at Google PlayStore and Apple’s AppStore under the name ‘Ashva WearTech’ , ‘mudra’, ‘fitmust’ or ‘fitknees’.; and
(iii) the web platform [www.ashvaweartech.com] (the “Ashva Wear Tech Website”).
3. Key Definitions – Unless the context otherwise requires:
(i) the Application and the Ashva WearTech Website shall collectively hereinafter be referred to as the “Platform”, which term shall include any and all associated firmware, applications, software, websites, APIs, products, and services that are connected to the Platform.
(ii) all services provided by the Company on any of the Platform (including providing data received from the devices, reports, information, market place offerings, blogs, videos) are hereinafter, collectively referred to as the “Platform Services”.
(iii) the Device, the Platform, and the Platform Services owned, developed, distributed, or offered by the Company to the User are hereinafter, collectively referred to as the “Services”.
2. BINDING CONTRACT
5. The 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.
3. ELIGIBILITY FOR USE
3.1. The use of the Services is available only to those individuals and body corporates who can enter into legally binding contracts under applicable law. Additionally, you cannot access or use the Services if you are barred from receiving the Services under any applicable law or have previously been barred from using the Services.
3.5. You may only avail of the Platform Services using (A) the Devices; and (B) (i) the Applications or approved third-party applications, software, or devices; or (ii) on the Ashva Wear Tech Website (“Authorized Connections”). You may not connect to the Platform Services with any device that is not manufactured, distributed, or sold by the Company itself or through its authorized resellers or agents or approved market place websites. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Services. If you have questions about whether a product or application qualifies as an Authorized Connection, please email us at email@example.com .
4. NECESSARY EQUIPMENT
For using the Services, you are first required to purchase the Device that is manufactured, distributed, or sold by the Company on the www.ashvaweartech.com Website or through its approved market places, authorized resellers or agents and the terms of sale and warranties conditions of which are as set out in Exhibit A annexed to these User Terms. You may also require a compatible handheld mobile device/ computer and an internet connection to create an account in the manner given in clause 5 below.
5. USER ACCOUNTS
5.1. For using the Services, you are required to create an account on the Platform by providing details which shall include, inter alia, full name, gender, date of birth, height, weight, phone number and email address or logging in through your Google account or Facebook account. In certain instances where the Services are accessed through third party accounts (including but not limited to Google, Facebook) mobile applications and/ or computer programs, you may be required to sign in using the sign in credentials and information of such third party accounts, mobile applications and/ or computer programs.
5.2. You agree and confirm that you shall (a) provide accurate, truthful, current and complete information while logging in to, or using your account; and (b) in all your dealings through the Platform (i) maintain and promptly update your account information; (ii) maintain the security of your account by not sharing your password with others and restricting access to your account and your device; (iii) promptly notify the Company if you discover or otherwise suspect any security breaches relating to your account or the Platform; and (iv) take responsibility for all activities that occur under your account and accept all risk of unauthorized access to the same.
5.3. The Company reserves the right (but shall not be obliged) to confirm and validate the information and other details provided by you in the course of your use of the Services. If upon such confirmation any detail furnished by you is found or is reasonably believed, to be inaccurate, false, misleading or fraudulent, the Company shall, in its sole discretion, have the right to debar you from using the Services without any intimation to you and the Company assumes no responsibility and shall not be liable for, any such act on its part.
6. SUBMISSION OF INFORMATION
6.1. The Company authorizes you to access the Platform solely for the purpose of using the Platform Services and you expressly agree and acknowledge that you shall not use it for any other purpose.
6.3. You shall not post any content or information which is false, deceptive, misleading, deceitful and/or is in breach of these User Terms or any of the policies of the Company.
6.4. You may be required to provide your name, age, mobile or phone number, address,designation, occupation, medical history, body measurements (like weight, height, size of thigh, etc.), daily lifestyle, etc.; without limiting the generality of foregoing, you are required to provide accurate and complete information.
7. USER COVENANTS
7.1. By using any of the Products and/ or Services you agree and acknowledge that:
(ii) 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
(i) belongs to another person and to which you do not have any right;
(ii) 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;
(iii) harms minors in any way;
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(vii) impersonates or defames another person;
(viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
(ix) 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.
7.3. You are also prohibited from:
(i) violating or attempting to violate the integrity or security of the Platform;
(ii) transmitting any information on or through the Platform that is disruptive to the provision of the Products and/ or Services provided by the Company;
(iii) intentionally submitting on the Platform any incomplete, false or inaccurate information;
(iv) making any unsolicited communications to other users of the Platform;
(v) attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform;
(vi) copying or duplicating in any manner any of the information available on the Platform;
(vii) framing or hotlinking or deep linking any contents from the Platform;
(viii) 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;
(ix) testing the vulnerability of the Platform or breaching any security or authentication measures implemented by the Company; and
(x) accessing the Services through the use of any mechanism other than through the use of an Authorized Connection.
7.4. 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 7.2 and/or clause 7.3 above, shall be entitled to disable such information that is in contravention of clause 7.2 and/or clause 7.3 and the Company shall be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.
8. THIRD PARTY SERVICES AND INFORMATION
8.1. 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.
8.2. 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”).
8.3. You 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.
9. RESPONSIBILITIES OF THE COMPANY
9.1. While the Company endeavours to provide Products and 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 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.
9.2. The Company regularly undertakes feedback of the users relating to the use of the Platform and Services and the Company endeavours to improve the Platform and Services based on such feedback at regular intervals. However, the Company does not assure that feedback of all users will be accommodated while performing changes to the Platform and the Products and/ or Services.
9.4. In the event you are facing any issues relating to the Products and/ or Services, you should reach out to the technical support team of the Company using in platform support tool or by sending an email at firstname.lastname@example.org.
10. REPRESENTATION AND WARRANTIES
10.1. SAVE AND EXCEPT FOR ANY WARRANTY THAT THE COMPANY MAY PROVIDE WITH RESPECT TO THE DEVICE, IT DOES NOT PROVIDE ANY OTHER REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED) WITH RESPECT TO THE SERVICES (INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT). THE COMPANY DOES NOT WARRANT THAT THE SERVICES, INCLUDING ANY DATA, INFORMATION, REPORTS, AND DOCUMENTS PROVIDED TO YOU ARE FREE OF ERRORS OR DEFECTS, OR THAT THE AFOREMENTIONED WILL BE CORRECTED SUBSEQUENTLY. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGE, INJURY, DEATH OR DISABLEMENT SUFFERED BY YOU, IN CONNECTION WITH OR RELATED TO YOUR USE OF ANY SERVICES.
11.1. The contents of the Platform are for general information and reference purposes only and are not intended for 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.
11.2. 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.
11.3. 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.
11.4. 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.
11.5. You understand and agree that the use of the Products and/ or Services requires electricity, internet connectivity and telecommunication links without which the Products and/ or Services will not be accessible. You shall bear the costs incurred to access and use the Products and/ or Services and the Company shall not, under any circumstances whatsoever, be responsible or liable for such costs. The Company will not be liable for any issues in the Products and/ or Services that arise directly or indirectly due to faulty or lack of electricity, internet connectivity, and/or telecommunication links.
11.6. You understand, agree and acknowledge that:
(i) the sole purpose of the Products and/ or Services is to enable the User to observe, monitor, and analyze specific joint, muscle and spine parameters when used in accordance with the user instructions. Any information or data provided to you pursuant to use of the Products and/ or Services is solely to enable the making of informed decisions about joint, muscle and spine parameters, 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;
(ii) the efficacy of the Products and/ or Services are dependent of the proper usage of the Device(s) and the Company shall not be responsible for inaccurate, incomplete, or misleading data arising out of the usage of Products and/ or Services if the Device has been misused, incorrectly used, or not used in accordance with the user instructions;
(iii) Any additional features to share the data collected by the device(s) with medical expert or patient in the Application is a value added service and the efficacy of it is dependent on the care taken by a medical expert, patient or family/ friends etc to monitor the data of a Patient or User. If a patient or user uses the data sharing feature, he/she consents to disclosure and dissemination of all data of the patient or User arising from the Services to such persons receiving the data;
(iv) the Products and/ or Services are not intended to diagnose, treat, cure, or prevent any disease or disability;
(v) 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 Products and/ or 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 Products and/ or Services is not intended to match that of medical devices or scientific measurement devices;
(vi) any data, information and other content (including blogs, videos, infomercials) related to musculoskeletal health, physiotherapy, nurtition, joints, muscles, human body, movement and such other content are for reference only and should not be treated as medical information or medical data;
(vii) you should refrain from undertaking any courses or exercises available on the Platform if you have any prevailing medical conditions which may get aggravated by you undertaking any such courses or exercises;
(viii) 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
(ix) the Company disclaims any and all liability for any damage, injury, death or disablement suffered by you, in connection with or related to your use of the Products and/ or Services.
12. LIMITATION OF LIABILITY
12.1. The Company shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of any of the Products and/ or Services.
12.3. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely in accordance with applicable law. However, we cannot be held liable in the unlikely event of a breach in our secure computer servers or those of third parties.
13. INTELLECTUAL PROPERTY RIGHTS
13.1. 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 the 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.
13.3. 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).
14. CONSENT TO ELECTRONIC COMMUNICATIONS AND TRANSACTIONS
By clicking the “I agree” option, you consent to receive communications, notices and information from us electronically, whether sent by e-mail or through other electronic means. Electronic communications shall be deemed to have been received by you when we send the electronic communication at the email address/mobile number provided by you and maintained in our records, or when we post the electronic communication on the Platform. Further, you agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Products and/ or Services if you breach the User Terms. Upon any such suspension, deactivation, or termination, we may delete or remove your information related to your account 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 email@example.com. Upon your termination of your account, all non-anonymized personal identifiable information or data will be destroyed, however, non-identifiable and anonymized demographic heath information or data may continue to remain to be stored on the Company’s servers/ database(s). Such non-identifiable and demographic heath 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.
16. CHOICE OF LAW AND DISPUTE RESOLUTION
You agree to defend, indemnify and hold harmless the Company, its affiliates, independent contractors, service providers, consultants, licensors, agents and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) your access to or use of the Services; (b) your violations of the User Terms; (c) your violation of any rights of any third party, including infringement of their intellectual property rights; and/or (d) your conduct in connection with the Services.
19. GENERAL CONDITIONS
19.1. We do not own, sell, resell, furnish, provide, prepare, manage and/or control any Third Party Provider or the goods or services provided by such Third Party Provider.
19.3. Users shall not collect or harvest any personally identifiable information from the Platform, use communication systems provided by the Platform for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Platform with respect to their submissions to the Platform, or publish or distribute any vouchers or codes in connection with the Platform, or scrape or hack the Platform.
19.5. The rule of construction, if any, that a contract should be interpreted against the parties responsible for the drafting and preparation thereof shall not apply.
19.6. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
We are committed to provide the excellent user experience. Therefore, we attend to User complaints with diligence. We aim to respond to your complaints within 10 working days. All complaints and feedback should be addressed to the following email ID firstname.lastname@example.org
1. RETURN POLICY
1. If you are unsatisfied with your purchase of the Device from the Platform, for any reason, you are entitled to a full refund (excluding shipping and handling fees, gift wrap charges and all taxes paid) if you meet the following conditions:
(i) you have requested for return authorization within 10 days of your shipment date by contacting +91-9176697988 or sending an email to email@example.com;
(ii) 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
(iii) you have included or provided the return authorization code or number with your return.
2. 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.
The price for the Device is set forth on the Platform in the Indian Rupees currency based on your location and may not include shipping and handling charges and fees and applicable taxes which, if applicable, will be communicated to you before you place your order for purchase. We reserve the right to change the price of the Products and/ or Services on the platform at any time without notice.
3. NOT FOR RESALE
The Company sells and ships the Device to end-use customers only and reserves the right to refuse or cancel your order if we suspect that the Device is being purchased for resale.
4. ORDERING, SHIPPING AND DELIVERY
We may refuse or cancel any order or limit any order quantity in our sole discretion, even after receiving your order. We may also require additional qualifying information prior to accepting or processing your order. 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.
If you wish to make a purchase transaction through the Platform, 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.
5. 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.
6. LIMITED PRODUCT WARRANTY
1. 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 one year from the date of purchase of the Device (the “Warranty Period”).
2. 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.
3. 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.
4. 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.