Terms of Use

Date of Last Updation: 09 January, 2018

The mobile / tablet application Breath and Beats, also Breath&Beats and the website https://www.breathandbeats.com is owned by GDART Online Services Private Limited, House No 386, Sector 46, Faridabad Haryana, 121001, India.

For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a user of the Application by installing the Application. The term “We”, “Us”, “Our” shall mean Breath and Beats (Breath&Beats). “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it and the Terms of Service, and other Policies available on our Website, “www.breathandbeats.com”. “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and us.

“Service Provider” shall mean and refer to any individual(s), company or entity who has agreed to provide services through our app or website after an agreement created by us and signed by the service provider and are legally allowed to carry out their said services legally under applicable country laws.

The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value. The terms used herein shall have the same meaning ascribed to them in the Terms of Service, Privacy Policy, and other policies available on the Website www.breathandbeats.com (“Website / Site”)

You can download or install (or have already done so) a mobile software application (the “App” or “Application”) and / or access the website located at https://www.breathandbeats.com (the “Site”) provided by GDART Online Services Private Limited and / or it’s associates and / or through it’s associates. Together, the App and the Site are referred to below as the “Applications” or “App”.

By downloading, installing or using the App, or accessing the Site, you agree that you have read and understood the following terms of use (the “Terms”) and agree to be bound by them. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE EXIT THIS PAGE / APPLICATIONS AND REFRAIN FROM ANY FURTHER USE OF OR ACCESS TO THE APPLICATIONS, AND DELETE ANY COPIES OF THE APPLICATIONS IN YOUR POSSESSION OR CONTROL. When using or accessing the Applications, you agree that you must comply with any guidelines, rules, terms and conditions applicable to such use or access that are posted by us, which are hereby incorporated by reference into these Terms, and with any applicable third-party terms of agreement.

We may modify these Terms at any time by posting the revised Terms on the App or the Site. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of these Terms. Any modifications will be effective immediately upon such posting. Your use of or access to the Applications after such modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them. Notwithstanding the foregoing, any modifications to these Terms shall not apply to any dispute between us arising prior to the date on which we post the revised Terms that contain such modifications.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify, suspend or discontinue the Applications; charge fees in connection with the use of the Applications; modify and / or waive any fees charged in connection with the Applications; and / or offer opportunities to some or all users of the Applications. You agree that neither we nor any of our affiliates or any of our associates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Applications, in whole or in part, or of any service, content, feature or product offered through the Applications.

IMPORTANT DISCLAIMER: THIS APP OR CONTENT THEREIN IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE OR MEDICAL CARE OR HEALTH CARE ADVICE OR MEDICAL CARE ADVICE OR FOR EMERGENCY RESPONSE BY STATUTORY AUTHORITIES OR LAW ENFORCEMENT AGENCIES OR DISASTER RELIEF EFFORTS OR ANY OTHER PROFESSIONAL ASSISTANCE IN ANY EMERGENCY.

THE APPLICATIONS AND ANY INFORMATION CONTAINED IN OR PROVIDED THROUGH THE APPLICATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. YOUR USE OF THE APPLICATIONS IS VOLUNTARY, AT YOUR OWN FREE WILL AND AT YOUR SOLE RISK.

THE EMERGENCY, HEALTH, MEDICAL, SAFETY AND SECURITY RELATED INFORMATION AVAILABLE THROUGH THE APPLICATIONS IS GENERAL IN NATURE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE OR MEDICAL CARE OR HEALTH CARE ADVICE OR MEDICAL CARE ADVICE OR FOR EMERGENCY RESPONSE BY STATUTORY AUTHORITIES OR LAW ENFORCEMENT AGENCIES OR DISASTER RELIEF EFFORTS OR ANY OTHER PROFESSIONAL ASSISTANCE IN ANY EMERGENCY. IT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED, AND SHOULD NOT BE USED, TO REPLACE THE ADVICE OF OR CARE OF HEALTHCARE PROFESSIONALS AND / OR MEDICAL PROFESSIONALS AND / OR LAW ENFORCEMENT PROFESSIONALS AND / OR EMERGENCY MEDICAL RESPONSE AND / OR EMERGENCY RESPONSE AND / OR DISASTER RELIEF. YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE ON THE APPLICATIONS AND THE HEALTH, MEDICAL, SAFETY, SECURITY, DISASTER RELIEF AND EMERGENCY RELATED INFORMATION AND / OR ACTIONS AND / OR SERVICES AVAILABLE THROUGH THE APPLICATIONS, AND FOR ALL DECISIONS OR ACTIONS RESULTING FROM YOUR USE OF THE APPLICATIONS AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY DECISION NOT TO SEEK OR REFRAIN FROM SEEKING ANY DIAGNOSIS OR TREATMENT OR CARE OR CALLING FOR ANY SERVICE INCLUDING EMERGENCY MEDICAL RESPONSE SERVICE AND / OR EMERGENCY SERVICE AND / OR DISASTER RELIEF SERVICE. YOU ARE ALSO SOLELY RESPONSIBLE FOR YOUR DECISION TO USE THE SERVICES OF ANY PARTICULAR THIRD PARTY PROVIDER THROUGH THE APPLICATIONS. IF YOU HAVE SPECIFIC HEALTH CARE OR MEDICAL NEEDS, OR FOR COMPLETE HEALTH AND / OR MEDICAL INFORMATION, PLEASE SEE A DOCTOR AUTHORISED BY THE LAW AND REGULATIONS IN YOUR AREA AND IN CASE OF EMERGENCY RESPONSE, PLEASE CALL INSTITUTIONAL EMERGENCY RESPONSE SYSTEMS INSTITUTED BY THE GOVERNMENTS AND / OR OTHER AUTHORITIES AUTHORISED TO RESPOND UNDER THE LAWS AND REGULATIONS PREVAILING IN THE AREA WHERE YOU ARE SEEKING EMERGENCY RESPONSE.

Contract

By using the Application or the Service, you enter into a contract with Breath and Beats (Breath&Beats) (the “Contract”). In order to be able to use the Application or Service, you first need to sign up with Breath and Beats (Breath&Beats). When signing up, you are obligated to provide Breath and Beats (Breath&Beats) with your personal information, mobile telephone number, health insurance information and credit card data or debit card or a payment wallet or payment platform account (if fee for services are required). Upon successful completion of your signing up with Breath and Beats (Breath&Beats), Breath and Beats (Breath&Beats) will provide you with a personal account, accessible to you with a password of your choice.

You have to be 18 years of age or older (and 13 years of age with permission of your legal guardian) to use the Service or Application. If you reside in a jurisdiction that restricts the use of the Service or Application because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service and the Application. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and register for the Service and the Application.

Jurisdictional Issues

The Applications are controlled and operated by Breath and Beats (Breath&Beats) from India, and are not intended to subject Breath and Beats (Breath&Beats) or its affiliates or its associates to the laws or jurisdiction of any state, country or territory other than that of India. Breath and Beats (Breath&Beats) does not represent or warrant that the Applications or any part thereof are appropriate or available for use in any particular jurisdiction other than India.

If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any part of this Agreement, it will not be considered a waiver.

Any amendment to or waiver of this Agreement must be made in writing and signed by us.

You will not transfer any of your rights or obligations under this Agreement to anyone else without our written consent.

All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Nothing in this Agreement shall prevent us from complying with the law.

This Agreement does not confer any third party beneficiary rights.

We reserve all rights not expressly granted to you.

You will comply with all applicable laws when using or accessing Breath and Beats (Breath&Beats).

Restrictions on Use

To fully avail the services of the Application and use it, you must download the app from the ‘Google Playstore APP’, and verify your phone number. 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 Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, you are not eligible to register for, use or avail the services available on the Application.

Without limiting any other provisions of these Terms, you may not use this Application for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access of this Application may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of these Terms and/or additional terms, or for any other reason, or no reason.

Third-Party providers and Payors

The Applications provides users with access to extensive information about doctors, hospitals, other third party health care providers, medical care providers, emergency responders, first responders, EMTs, nurses, nurse practitioners, home health workers, law enforcement authorities, fire force, disaster management authorities, military personnel, retired military personnel, para military personnel, common citizens trained in emergency response and disaster response, first aid givers, mobile phone users and any individual and / or organization providing service* (“Third-Party Providers”). Additionally, the Applications provide users with the ability to exchange certain registration information with Third-Party Providers. Breath and Beats (Breath&Beats) provides marketing services on behalf of Third-Party Providers to patients or prospective patients (including users of the Applications) or mobile phone users or internet users such as email campaigns, search engine optimization (SEO) and electronic directory services. Breath and Beats (Breath&Beats) also provides Third-Party Providers with the opportunity to create their own Premier Listings, Profile Pages or Mini-Websites. Breath and Beats (Breath&Beats) may charge Third-Party Providers a fee for the services and opportunities described in this section. Although Breath and Beats (Breath&Beats) reserves the right (but does not have the obligation) to monitor, it does not control the content contained within Premier Listings, Profile Pages or Mini-Websites (including the availability of open appointments), and assumes no responsibility or liability of any kind for any inaccuracies (including inaccuracies regarding available appointments, insurance accepted or network participation) contained therein, or for any qualifications, reference materials or other content available therein.

Breath and Beats (Breath&Beats) allows you to submit and store the name of your insurance or benefit plan, but, except as provided below, Breath and Beats (Breath&Beats) does not provide any information regarding coverage available, healthcare costs, doctors, hospitals, pharmacies, clinical labs, automobile workshops or any other service provider participating in any of your insurance plan/s. You should contact your insurance carrier or plan administrator (“Payors”) for this information. Payors are third parties, although certain third-party Payors may be affiliated with Breath and Beats (Breath&Beats). In some cases, a Payor may contract with Breath and Beats (Breath&Beats) to provide such Payor’s members with information regarding coverage available, healthcare costs, doctors, hospitals pharmacies, clinical labs, automobile workshops or any other service provider participating in the plan/s, and other content and services (“Services”). If your Payor has contracted with Breath and Beats (Breath&Beats) to make Services available to you, you may be able to log in using your insurance or benefit plan member identification number, and access content and services related to your insurance or benefit plan. Although Breath and Beats (Breath&Beats) reserves the right (but does not have the obligation) to monitor the Services (including but not limited to the content and services made available therein, such as network information, coverage and claim information and cost information), Breath and Beats (Breath&Beats) does not control the Services, and assumes no responsibility or liability of any kind for any inaccuracies (including inaccuracies regarding network participation, plan benefits, coverage, features or claim status) contained therein, or for any messaging, reference materials or other content or services made available therein.

Breath and Beats (Breath&Beats) is not responsible for, and shall have no liability in connection with, any transactions or disputes between you and Third-Party Providers or Payors. If you have a dispute with a Third-Party Provider or Payor, you agree to release us (and our employees and agents) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including actual, consequential and punitive damages), arising out of or in any way connected with the use of the Applications or such disputes. You waive any provisions of any state, province, or country law that limit or prohibit a general release.

License

Breath and Beats (Breath&Beats) grants to you a limited, royalty-free, non-exclusive, personal and non-transferable, license to install and use the App on a single personal mobile electronic device or smart phone owned or controlled by you solely for your own personal, non-commercial purposes, subject to your compliance with these Terms.

Ownership of the app

The Applications (including any content made available through the Applications) are the property of Breath and Beats (Breath&Beats) (or its licensors) and are protected by applicable intellectual property laws. The App is licensed, not sold, to you. You may utilize the Applications only as permitted by these Terms. You may not, and will not permit any other party to:

(1) modify, adapt, alter, translate or create derivative works of the Applications;

(2) use or merge the Applications, or any component or element thereof, with other software, databases or services not provided by Breath and Beats (Breath&Beats);

(3) sublicense, distribute, sell or otherwise transfer the Applications to any third-party;

(4) use the App as a service bureau, or lease, rent or loan the App to any third-party;

(5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Applications;

(6) interfere in any manner with the operation of the Applications;

(7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Applications;

(8) create a database by systematically downloading and storing the Applications;

(9) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather the Applications or reproduce or circumvent the navigational structure or presentation of the Applications without our express prior written consent; or

(10) use the Applications for any commercial purposes. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Applications. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Applications.

Trademarks

Any logos, trademarks, servicemarks, domain names, or trade names appearing on the Applications, including “Breath and Beats (Breath&Beats),” (“Marks”), whether registered or not, are the property of Breath and Beats (Breath&Beats) or their respective owners. You may not use any Marks without the express written permission of Breath and Beats (Breath&Beats) or their respective owner/s.

Information that you submit

Your submission of information through the Applications is governed by Breath and Beats (Breath&Beats)’s Privacy Policy, which is located at www.breathandbeats.com. You represent and warrant that any information that you provide in connection with your use of the Applications is and shall remain true, accurate and complete, and that you will maintain and update such information regularly. You agree that if any information that you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Applications.

For purposes of clarity, you retain ownership of any information, content and materials that you submit through the Applications in connection with any publicly-available forums (each, a “Submission”). However, please note that we need certain rights to your Submissions to be able to make them available on the Applications. As such, you hereby grant to Breath and Beats (Breath&Beats) and its service providers and designees a worldwide, non-exclusive, transferable, sub licensable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including without limitation to edit, modify, translate and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any Applications now known or hereafter developed.

This license is non-exclusive (so you can license your Submissions to others), worldwide (as the Internet is global in its reach), fully-paid-up and royalty-free (so that we do not have to pay you for posting your Submissions), sub licensable through multiple tiers (so that we can use our service providers and subcontractors to provide services).

For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Applications, comply with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. We request this waiver to help ensure that we have all the rights we may need to provide the services available through the Applications.

Registration and Account Security

Breath and Beats (Breath&Beats) is a mobile and web application that supports providing response in an emergency and / or an instance needing support and / or help. Breath and Beats (Breath&Beats) users provide their real names and information.. Here are some commitments you make to us relating to registering and maintaining the security of your account:

You will not provide any false personal information on Breath and Beats (Breath&Beats), or create an account for anyone other than yourself without permission.

You will not create more than one personal account on one phone number.

If we disable your account, you will not create another one without our permission.

You will not use Breath and Beats (Breath&Beats) if you are under 13 except to make an emergency call and / or alert.

You will keep your contact information accurate and up-to-date.

You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account. You will not transfer your account to anyone without first getting our written permission.

If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).

Protecting other people’s rights

We respect other people’s rights, and expect you to do the same.

You will not post content or take any action on or through Breath and Beats (Breath&Beats) that infringes or violates someone else’s rights or otherwise violates the law.

We can remove any content or information you post on or through Breath and Beats (Breath&Beats) if we believe that it violates any law, this Statement or our policies.

We provide you with tools to help you protect your rights.

If you repeatedly infringe other people’s property rights, we will disable your account when appropriate.

You will not use our copyrights or trademarks (including Breath and Beats (Breath&Beats), Logos), or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.

If you collect information from users, you will: obtain their consent, make it clear you (and not Breath and Beats (Breath&Beats)) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

You will not post anyone’s identification documents or sensitive financial information (including yours) on Breath and Beats (Breath&Beats).

You will not tag users or send email invitations or mobile invitations to non-users without their consent.

Sharing your content and information

You own all of the content and information you post on Breath and Beats (Breath&Beats), and you can control how it is shared through your privacy and application settings. In addition: For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give Breath and Beats (Breath&Beats) the following permission, subject to your privacy and application settings: you grant Breath and Beats (Breath&Beats) a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Breath and Beats (Breath&Beats) (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

When you use Breath and Beats (Breath&Beats) application and / or any associate / affiliate application, the application may ask for your permission to access your content, information and location as well as content, information and location that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.

Monitoring

You acknowledge and agree that (a) we reserve the right (but have no obligation) to do any or all of the following, at our discretion:

(i)monitor submissions, requests, alerts etc.;

(ii)alter, remove, or refuse to post or allow to be posted any submission, requests, alerts etc.; and/or

(iii)disclose any submission, requests, alerts and the circumstances surrounding its transmission, to any third party in order to operate the Applications; to protect Breath and Beats (Breath&Beats) and its respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, and the Applications’ users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.

User names, Passwords and security

You may be required to register with Breath and Beats (Breath&Beats) to access certain services or areas of the Applications. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address or mobile phone number) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

Your user name, Breath and Beats (Breath&Beats) PIN / ID, your mobile number and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Applications, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Applications, to any third party. You are fully responsible for all interaction with the Applications that occurs in connection with your password or user name. You agree to immediately notify Breath and Beats (Breath&Beats) of any unauthorized use of your password or user name or any other breach of security related to your account or the Applications. To report unauthorized access or use of the Applications, send an e-mail to support@breathandbeats.com. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. Access to any services may require an insurance or benefit plan member identification number provided by your Payor, as well as other credentials and passwords related to your insurance or benefit plan and / or payment as required by the service provider. You are responsible for maintaining the confidentiality of such identification number and other credentials and passwords.

Mobile and other devices

We currently provide our Applications (except as intimated to you before you accept the charge / fees) for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.

In the event you change or deactivate your mobile telephone number, you will update your account information on Breath and Beats (Breath&Beats) within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Breath and Beats (Breath&Beats).

Safety

We, at Breath and Beats (Breath&Beats), do our best to keep Breath and Beats (Breath&Beats) safe for all users, but we cannot guarantee it as it is a network of registered users who register over mobile phones. We need your help to keep Breath and Beats (Breath&Beats) safe, which includes the following commitments by you:

You will not post unauthorized commercial communications (such as spam) on Breath and Beats (Breath&Beats).

You will not collect users’ content or information, or otherwise access Breath and Beats (Breath&Beats), using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.

You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Breath and Beats (Breath&Beats).

You will not upload viruses or other malicious code.

You will not solicit login information or access an account belonging to someone else.

You will not bully, intimidate, or harass any user.

You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

You will not develop or operate a third-party application or post any message containing alcohol-related, dating or other mature content (including advertisements and soliciting) without appropriate age-based restrictions.

You will follow our promotions guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on Breath and Beats (Breath&Beats).

You will not use Breath and Beats (Breath&Beats) to do anything unlawful, misleading, malicious, or discriminatory.

You will not do anything that could disable, overburden, or impair the proper working or appearance of Breath and Beats (Breath&Beats), such as a denial of service attack or interference with the Mobile App or other Breath and Beats (Breath&Beats) functionality.

You will not facilitate or encourage any violations of this Agreement or our policies.

You will not endanger and / or compromise safety of any Breath and Beats (Breath&Beats) User and / or Provider and / or Service Provider including yourself under any circumstance.

You will do everything possible to render assistance to anyone to whom you have committed to respond on Breath and Beats (Breath&Beats) platform in an emergency and / or an instance needing support / help to the best of your ability, capability, resource and matching what a prudent human being would do in such an instance ensuring that no law and / or rule and / or regulation in force in the particular geography is not violated in any manner whatsoever and without endangering your safety in any manner whatsoever.

Intermediary Application

The Website and mobile app is a platform that Patients and Practitioners utilize to meet and interact with one another for their transactions. We act as aggregators who display to the End User / Patients Practitioners best suited to your needs, based on the Content provided to us / updated on the Website / updated on the Mobile Application, or applications built on it, by Practitioners and End Users, including without limitation Content relating to area of Practitioner area of specialization, expertise, experience, availability, and geographic location.

However, should a User choose to proceed with a Practitioner displayed / identified / listed by us, for any purpose whatsoever, including without limitation, posing a question, seeking medical advisory service, exchanging Patient information, charts, DICOM Images, seeking appointments, we are not a party to such interaction and take no liability arising from such communication.

Communications

By using this Application, it is deemed that You have consented to receiving telephonic calls, SMSs and/or emails from us and other Users. Such communications shall be sent to You on the telephone number and/or email id provided by You for the use of this Application which are subject to our Privacy Policy. Such communication by Us is for purposes that inter alia include clarification calls, marketing calls and promotional calls.

In the event you use the App to book appointments with any Practitioner, We may send booking confirmation, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS, Chat, or by voice call on the contact number provided by You at the time of making the appointment. This includes contacting you through information received from other parties. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls.

Practitioner Display

Breath and Beats (Breath&Beats) collects, directly or indirectly, and displays on the Application, relevant information regarding the profile and practice of the Practitioners listed on the Application, such as their specialization, qualification, area of practice, experience, fees, location, visiting hours, and similar details. Although we take reasonable efforts to ensure that such information is accurate and updated at frequent intervals, we cannot be held liable for any inaccuracies or incompleteness represented on the Application pertaining to Practitioner Content.

It is hereby expressly clarified that, the Information that you obtain or receive from Breath and Beats (Breath&Beats), is for informational and User’s personal purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information pertaining to the Practitioners provided on the Website.

In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information. Breath and Beats (Breath&Beats) is not meant to be a substitute for Emergency Medical Care.

Disclaimers

Breath and Beats (Breath&Beats) does not support any Practitioners or Service Providers displayed / made available through the Application

Breath and Beats (Breath&Beats) assumes no liability for the repercussions of using the application for the purpose of transmitting User’s medical / personal data to any other User, including without limitation, loss of data, failure to boot, or other errors in the working of the device on to which the application has been downloaded.

Breath and Beats (Breath&Beats) is an application used by Practitioners to promote or render their Services. By using Breath and Beats (Breath&Beats), the User understands and accepts that Breath and Beats (Breath&Beats) does not endorse any Practitioner’s services.

Breath and Beats (Breath&Beats) assumes no liability for wrong or delayed consultation or treatment or services provided by any of the service provider, also assumes no liability regarding the danger to a user’s life during any service being used by you / user via our app / website or during the transit provided by the service provider for the service you requested and / or during the wait time of your request and the service provider proving the service and / or after the service has been complete by the service provider.

How to use the service and the application

Breath and Beats (Breath&Beats) shall procure reasonable efforts to bring you into contact with a Provider, subject to the availability of Providers in or around your location or availability in general at the moment of your request for services.

For the avoidance of doubt: Breath and Beats (Breath&Beats) itself does not provide services, and Breath and Beats (Breath&Beats) is not an emergency response provider. It is up to the Provider to offer services, which may be requested through the use of the Application and/or the Service. Breath and Beats (Breath&Beats) only acts as intermediary between you and the Provider. The provision of the emergency response services by the Provider to you is therefore subject to the agreement (to be) entered into between you and the Provider. Breath and Beats (Breath&Beats) shall never be a party to such agreement.

Your use of the app or the service

You warrant that the information you provide to Breath and Beats (Breath&Beats) is accurate and complete. Breath and Beats (Breath&Beats) is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons.

You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. Breath and Beats (Breath&Beats) is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. Breath and Beats (Breath&Beats) reserves the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.

By using the Application or the Service, you further agree that:

You will only use the Service or download the Application for your sole, personal use and will not resell it to a third party;

You will not authorize others to use your account;

You will not assign or otherwise transfer your account to any other person or legal entity;

You will not use an account that is subject to any rights of a person other than you without appropriate authorization;

You will not use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;

You will not use the Service or Application to cause nuisance, annoyance or inconvenience;

You will not impair the proper operation of the network;

You will not try to harm the Service or Application in any way whatsoever;

You will not copy, or distribute the Application or other Breath and Beats (Breath&Beats) Content without written permission from Breath and Beats (Breath&Beats);

You will keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Application;

You will provide us with whatever proof of identity we may reasonably request;

You will only use an access point which you are authorized to use;

You are aware that when requesting emergency response services by SMS or by call if available in your jurisdiction), standard messaging or call charges will apply and any further charge / fee for the emergency response services;

You will not use the Service or Application with an incompatible or unauthorized device;

You will comply with all applicable law from your home / resident nation and the country, state and/or city in which you are present while using the Application or Service.

Breath and Beats (Breath&Beats) reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the above rules.

Payment

The use of the Application and the Service is presently free of charge except for specific services for which you will be informed before your acceptance of the charge / fee. Breath and Beats (Breath&Beats) reserves the right to introduce a fee for the use of the Application and / or the Service. If Breath and Beats (Breath&Beats) decides to introduce such a fee, Breath and Beats (Breath&Beats) shall inform you accordingly and allow you to either continue or terminate the Contract. Breath and Beats (Breath&Beats) reserves its rights to enter into agreements with providers to share the revenue they earn from using Breath and Beats (Breath&Beats) as a platform and / or marketing and / or sales agent or to charge a fee or subscription for being on the Breath and Beats (Breath&Beats) Platform.

The rates that apply for the services by the Provider can be found through the Application. These may be modified or updated by Breath and Beats (Breath&Beats) and / or the Provider from time to time. It is your own responsibility to remain informed about the current rates for the services.

Breath and Beats (Breath&Beats) shall charge you for the services provided to you by the Provider on behalf of the Provider. You agree that you will pay for all services you purchase from the Provider, and that Breath and Beats (Breath&Beats) may charge your credit card account or your debit card account or your payment wallet account or your payment platform account or your insurance provider as provided by you when registering for the Service (services including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Breath and Beats (Breath&Beats) with a valid credit card account or debit card account or payment wallet account or payment platform account or insurance provider for payment of all fees at all times. Any payment made is non-refundable.

Breath and Beats (Breath&Beats) uses a third-party payment processor (the “Payment Processor”) to link your credit card account or debit card account or payment wallet account or payment platform account or insurance provider to the Application and Service. The processing of payments or credits, as applicable, in connection with your use of the Application and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card / debit card / payment wallet / payment platform / insurance issuer in addition to these User Terms. Breath and Beats (Breath&Beats) is not responsible for any errors by the Payment Processor. In connection with your use of the Service, Breath and Beats (Breath&Beats) will obtain certain transaction details, which Breath and Beats (Breath&Beats) will use solely in accordance with its Privacy and Cookie Notice.

Pricing Policy

At Breath and Beats (Breath&Beats) we have customised pricing according to the services rendered by us. The details are provided to you beforehand according to the effort, efficiency and the output of the service. Typically the range of transactions varies from INR 150 to INR 1500.

Some of our services can be utilised for fixed durations. In such cases, it is clearly mentioned within the description of these services. Also some of our services will require you to pay before the service is provided through the app or website.

 

Refunds, Cancellations, Disputes and Chargebacks

No cancellation or refunds are permitted in Breath and Beats (Breath&Beats)

In exceptional cases,User may submit a claim for a refund for a purchase by emailing support@breathandbeats.com and providing a clear and specific reason for the refund request and the exact terms that have been violated. Whether a refund will be provided will be determined by us in its sole discretion. Refund requests must be submitted within 30 days of purchase.

Indemnification

By accepting these User Terms and using the Application or Service, you agree that you shall defend, indemnify and hold Breath and Beats (Breath&Beats), its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:

(a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein;

(b) your violation of any rights of any third party, including Providers arranged via the Application, or

(c) your use or misuse of the Application or Service.

Exclusions of warranties

Breath and Beats (Breath&Beats) AND ITS AFFILIATES DISCLAIM ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, SERVICEABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Breath and Beats (Breath&Beats) AND ITS AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERROR, DELAY OR INTERRUPTION IN THE APPLICATIONS OR ANY SERVICES. Breath and Beats (Breath&Beats) AND ITS AFFILIATES MAKE NO GUARANTEE, REPRESENTATION OR WARRANTY REGARDING THE TIMELINESS, RELIABILITY, ACCURACY, COMPLETENESS OR USEFULNESS OF ANY PORTION OF THE APPLICATIONS OR ANY SERVICES, INCLUDING THE CONTENT MADE AVAILABLE THROUGH THE APPLICATIONS OR ANY SERVICES, OR REGARDING THE AVAILABILITY OR APPROPRIATENESS OF THIRD-PARTY PROVIDERS OR PAYORS. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE APPLICATIONS AND ANY SERVICES IS AT YOUR OWN RISK, AT YOUR OWN FREE WILL AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE THAT YOU MAY INCUR THROUGH USE OF THE APPLICATIONS AND ANY SERVICES, EXCEPT TO THE EXTENT THAT THE APPLICABLE LAWS OF A PARTICULAR JURISDICTION CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT.

Limitation of liability

Breath and Beats (Breath&Beats) AND ITS AFFILIATES MAY NOT BE HELD LIABLE UNDER ANY PROVISION OF THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES, OR FOR ANY OTHER DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF Breath and Beats (Breath&Beats) KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THAT THEY ARE LAWFUL IN YOUR JURISDICTION.

THIRD-PARTY INFORMATION AND LINKS TO THIRD-PARTY WEBSITES (INCLUDING THIRD-PARTY PROVIDER OR PAYOR WEBSITES)

The Applications may contain information concerning Third-Party Providers, Payors and other third parties (sometimes referred to as “partners or advertisers”) who may offer third-party products or services compatible with the Applications. The Applications may also provide links to third-party websites (including websites of Third-Party Providers or Payors) as a paid service to Third-Party Providers or Payors. Such information and links are provided for your convenience. Breath and Beats (Breath&Beats) AND ITS AFFILIATES DO NOT MONITOR, CONTROL OR ENDORSE, AND ARE NOT RESPONSIBLE OR LIABLE FOR, SUCH THIRD-PARTY PRODUCTS, SERVICES OR WEBSITES OR THE CONTENT CONTAINED THEREIN.

LIABILITY

The information, recommendations and / or services provided to you on or through the Website, the Service and the Application is for general information purposes only and does not constitute advice. Breath and Beats (Breath&Beats) will reasonably keep the Website and the Application and its contents correct and up to date but does not guarantee that (the contents of) the Website and / or Application are free of errors, defects, malware and viruses or that the Website and / or Application are correct, up to date and accurate.

Breath and Beats (Breath&Beats) shall not be liable for any damages resulting from the use of or inability to use the Website or Application, including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website or Application, unless such damage is the result of any willful misconduct or from gross negligence on the part of Breath and Beats (Breath&Beats).

Breath and Beats (Breath&Beats) shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

The quality of the services requested through the use of the Application or the Service is entirely the responsibility of the Provider who ultimately provides such services to you. Breath and Beats (Breath&Beats) under no circumstance accepts liability in connection with and / or arising from the services provided by the Provider or any acts, action, behaviour, conduct, and / or negligence on the part of the Provider. Any complaints about the services provided by the Provider should therefore be submitted to the Provider.

Termination

Breath and Beats (Breath&Beats) may suspend or terminate your use of or access to the Applications (including any Services made available through the Applications) if you fail to comply with the Terms. Such suspension or termination may result in the permanent deletion of your information or other previously available content. Breath and Beats (Breath&Beats) may also suspend or terminate the Applications and / or Service in total withdrawing all Applications / Service with 24 hours’ notice to you.

User Acknowledgments

You acknowledge and agree that you (and not Breath and Beats (Breath&Beats)) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, mobile phone, equipment, and services needed to access and use the Applications, and for paying all charges related thereto. Breath and Beats (Breath&Beats) does not operate or control the Internet or your mobile connection, and therefore Breath and Beats (Breath&Beats) does not and cannot guarantee that the Applications will be error or virus free, invulnerable to hackers or other unauthorized users, or always available.

Relationships

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the use of the Applications, whether between you, Breath and Beats (Breath&Beats), its affiliates or any Third-Party Provider or Payor.

Governing Law

You agree that these Terms shall be construed in accordance with the laws of India without regard to its conflict of laws provisions. Any claim or dispute arising in connection with your use of the Applications shall be brought exclusively in the courts of the New Delhi. Any cause of action or claim you may have with respect to the Applications must be commenced within one (1) year after the cause of action or claim arises. Breath and Beats (Breath&Beats)’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and Breath and Beats (Breath&Beats) nor any trade practices shall act to modify the Terms. Breath and Beats (Breath&Beats) may assign its rights and duties hereunder to any third party at any time without consent or notice to you.

Miscellaneous

If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. These Terms, together with all policies referred to herein, are the entire Agreement between you and Breath and Beats (Breath&Beats) relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Breath and Beats (Breath&Beats) relating to such subject matter.