By downloading or using any software or hardware provided by Briota Technologies Pvt Ltd (“Briota”) you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to our Mobile Applications and your use of the services offered by Briota. Continued use of the Mobile Application or any other software or hardware will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.
2. GENERAL ISSUES
2.1 Applicability of terms and conditions: The use of any Services and/or the Mobile Application and the making of any Redemptions are subject to these Terms and Conditions of Use.
2.2 Location: The Mobile Application, the Services and any Redemptions are intended solely for use by Users who access our services in India. We make no representation that the Services (or any goods or services) are available or otherwise suitable for use outside of India. Notwithstanding the above, if you access any of our services from locations outside India, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
2.3 Prevention on use: We reserve the right to prevent you using any of the Service (or any part of them) and to prevent you from making any clinical decisions.
2.4 Equipment and Networks: The provision of the Services does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Mobile Application or the Services. To use our Services, you will require Internet connectivity. You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using any of our services. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Mobile Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
2.5 License to Use Material: By submitting any text or images (including photographs) (“Material”) via any of our products or applications, you represent that you are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it.
3.1 Need for registration: You must Register to use any of our services or products
4. LOCATION ALERTS AND NOTIFICATIONS
You agree to receive pre-programmed notifications (“Location Alerts”) on any of our mobile apps if you have turned on locational services on your mobile or other handheld devices (as the case may be).
5. YOUR OBLIGATIONS
5.1 You agree to abide by the terms and conditions as may be amended from time to time.
5.2 Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account.
5.3 Content on mobile apps and software: It is your responsibility to ensure that any products, Samples or information available through any of our mobile apps and software meet your specific requirements before making any purchase.
5.4 Prohibitions in relation to usage of our services or products: Without limitation, you further undertake not to or permit anyone else to:-
5.4.1 resell any products or Samples ;
5.4.2 furnish false data including false names, addresses and contact details;
5.4.3 attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);
5.4.4 execute any form of network monitoring which will intercept data not intended for you;
5.4.5 enter into fraudulent interactions or transactions with us
5.4.6 extract data from or hack into our systems;
5.4.7 engage in any unlawful activity in connection with the use of our products or services
5.4.9 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the services.
6. RULES ABOUT USE OF ANY OF OUR PRODUCTS OR SERVICES
6.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the SpiroPRO will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at firstname.lastname@example.org.
7. DISCLAIMER AND EXCLUSION OF LIABILITY
7.1 Briota provided products and services and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.
7.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the products and services provided by Briota and its contents, including in relation to any inaccuracies or omissions, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
7.3 While we may use reasonable efforts to include accurate and up-to-date information on our products and services, we make no warranties or representations as to its accuracy, timeliness or completeness.
7.4 We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with our products, your access to, use of or inability to use our products or the services offered in our products, reliance on or downloading from our products and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
7.5 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Mobile Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
7.6 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
7.7 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Mobile Application, or electronic mail transmitted to and from us, will not be monitored or read by others.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the products and services offered by Briota are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
8.2 We will not hesitate to take legal action against any unauthorized usage of our trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
9. APPLICABLE LAW AND JURISDICTION
Briota products and applications can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing our products and services both you and we agree that the laws of the Republic of India, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of such products and services.