Welcome to Breathe Well-being and thank you for using our services. Breathe Well-being is provided by Aurogreen Health Pvt Ltd. Throughout this terms of service, Aurogreen Health Pvt Ltd will be referred to as; “we”, “our”, “us”. “You” means any third party who uses our services. By enrolling (registering) and/or using our services you agree and accept to be bound by these terms of service. If you do not agree to the terms & conditions, you should immediately cease (uninstall) all usage of this app (/website). We may update these terms from time to time without prior notice. We will make reasonable commercial efforts to notify you of any updates. Your continued use of our services will be deemed acceptance to amended or updated terms. The terms of service are only available in English version. As such you should ensure to see if we have updated these terms. Our terms of service are available at http://www.breathewellbeing.in/terms-conditions/
1. DESCRIPTION OF SERVICE
Breathe Well-being App is an activity and lifestyle tracking health & fitness app. It helps you create healthy lifestyle habits by incentivizing you through a Rewards program. We are looking to inspire India to adopt a healthy lifestyle.
1.1 USER / MEMBER CONDUCT
Once you login into the app, you will be prompted to connect your preferred device/app from a list to the activity tracking feature of the Breathe Well-being app. This will help you track your daily activity levels as well as participate in the Step Up competition. The more you interact with the different features of the app, the more Rewards points you will collect. A list of all Reward-earning activities is listed in the Rewards tab. A leaderboard will inform you on your rank within the organization. You shall not login with multiple accounts on one single mobile device or use one account on multiple mobile devices. If you wish to switch your primary device of use, then you may contact us at firstname.lastname@example.org. To use Breathe Well-being, you must be age 13 years or above. Permission of a parent or legal guardian is required if you are aged between 13 to 18 years. You may not use this app. For commercial purposes (promote or sell any product or service) To acquire any rewards or item of value through the use of automated. To introduce malicious software, viruses, worms, Trojan horses, malware, spiders and/or harmful code.
1.2 SUSPENSION & TERMINATION.
We, at any time in our discretion with or without notice may suspend access to our platform immediately in case of member mis-conduct. Re-access to the platform can be requested by writing to us at email@example.com with a valid case of renewal.
1.3 REFUND POLICY
You may cancel your Member Account at any time between the 31st and 40th day from the start date of the Breathe Well-being Diabetes Reversal Plan. In the event that you cancel your Member Account or the same is suspended or terminated by Breathe Well-being within the aforesaid period, we shall refund the entire amount, provided
1. You have scored 120 points or higher in the Report Card section of the Breathe Well-being mobile application since the start of the program 2. You have not seen any impact in your blood glucose level and BMI
Please note that the above charges will be adjusted after deducting a processing fee of Rs.500/-. The refund shall be processed in the manner/mode which was used to subscribe the Breathe Well-being Plan, within 15 days from the date of cancellation.
1.4 GOVERNING LAWS & JURISDICTION.
The terms of service is governed by and construed in accordance with the laws of India, without regard to principles of conflicts of laws, and any arbitrators shall apply such law. In the event that the Parties do not agree to a binding arbitration provision—or if the arbitration provision contained herein is deemed void or voidable—the parties agree to submit to the exclusive jurisdiction of the courts of India for any dispute arising under this Terms of service.
You acknowledge and agree that there are risks associated with utilizing an internet based service including, but not limited to, the risk of failure of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your account, but not limited to your data. You expressively understand and agree that: Your use of our services is at your sole risk. Each party to this agreement represents and warrants it has all legal requisites and corporate powers to enter into this agreement; it has no agreement or understanding with any third party that interferes with or will interfere with its performance of its obligation under this agreement. Aurogreen Health Pvt. Ltd. will use its best efforts to ensure that the quality of our services, information and other material purchased or obtained by you will meet your expectations using our best effort. Any errors in the software will be corrected. No advice or information verbal or written, we give through the platforms, websites and/or otherwise shall create any warranty, representation and/or guarantee not expressively stated herein.
You agree to indemnify, hold harmless and defend Aurogreen Health Pvt Ltd, our directors, officers, employees, shareholders and representatives harmless against any and all losses, liabilities, penalties, costs and expenses, including without limitation reasonable attorney’s legal fees, any settlement amount or awarded damages arising out of any third party claim, suit or proceeding by any third party arising from or relating to any breach of these terms by you. Aurogreen Health Pvt Ltd reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you. In the event that the Parties do not agree to a binding arbitration provision—or if the arbitration provision contained herein is deemed void or voidable—the parties agree to submit to the exclusive jurisdiction of the courts of India for any dispute arising under this Terms of service.
1.7 LIMITATIONS OF LIABILITY
In no event shall we be liable for any direct, indirect or special consequential damages, or any other damages of any kind, including an action in contract, tort (including but not limited to negligence) and not limited to loss of profits, loss of data, loss of use arising in any way connected with the use of or inability to use our services including without limitations any damages caused by or resulting from reliance on any information obtained by using our services, or that result from mistakes, omissions, deletion of files, interruptions, errors, defects, viruses, any failure of performance, delays in operation or transmission, communication failure, theft, destruction or unauthorized access to company records, programs or services.
Member agrees to expressly authorize Breathe Well-being to send service related transactional SMS messages or make phone calls, even in the case that Member's contact number is listed as DND with the concerned telecom regulatory authority.